Texas

  • October 15, 2021

    Biden Admin. Says 'Remain In Mexico' May Restart Next Month

    The Biden administration told a Texas federal judge Thursday that if Mexico agrees, the U.S. will be ready to restart the Trump-era "Remain in Mexico" policy by mid-November, unleashing a storm of protest from human rights advocates warning that the policy will lead to "immense human suffering."

  • October 15, 2021

    5th Circ. Says CFPB Payday Loan Regs Must Wait For Appeal

    The Fifth Circuit has stepped in to extend a stay on Consumer Financial Protection Bureau payday lending regulations that are being challenged by two industry trade groups, giving small-dollar lenders a reprieve from an expected June compliance deadline.

  • October 15, 2021

    Texas Justices To Review SandRidge Electric Shock Suit

    The Texas Supreme Court agreed Friday to consider whether a lower court was right to revive a contractor's lawsuit seeking to hold an energy production company responsible for injuries he incurred when he was shocked while working near a live wire on the company's property.

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    NPE Patent Cases Increase By 11% In 2021

    Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

  • October 15, 2021

    Texas Justices To Hear Houston Drainage Fee Dispute

    The Texas Supreme Court on Friday agreed to decide whether to revive a proposed class action against Houston and its leaders brought by property owners who say they are owed reimbursement for a drainage fee that was misleadingly imposed on residents of the city.

  • October 15, 2021

    Polo Star Wants Court To Block Sales Of Cloned Horse

    An Argentine polo star renewed his request Friday for a Florida federal court to block a Texas geneticist from cloning his horse and selling it, arguing that discovery has produced new information about the geneticist's plans to sell more clones.

  • October 15, 2021

    Texas Justices Reverse Course To Hear Bullet Train Fight

    The Texas Supreme Court on Friday reversed its previous denial of review and decided to take up claims that the private developers of a high-speed passenger train from Dallas to Houston can't use eminent domain to survey and take land for the project.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    Texas Justices Won't Revisit PUC Purview In Injury Suit

    The Texas Supreme Court on Friday rejected utility CenterPoint's request to reconsider its June decision that the Public Utility Commission of Texas doesn't have exclusive jurisdiction over an injury lawsuit filed against the company.

  • October 15, 2021

    IRS Plan To Force Small Account Reporting Illegal, 20 AGs Say

    The Internal Revenue Service's proposal to require banks and other financial institutions to report information on every account with at least $600 is illegal under constitutional protections against unreasonable search and seizure, 20 state attorneys general told the agency Friday.

  • October 15, 2021

    Texas Justices To Review $820M Refinery Feud

    The Texas Supreme Court on Friday agreed to wade into an $820 million dispute between Petrobras and Belgium-based Transcor Astra Group over a soured refinery partnership, a move both companies requested.

  • October 15, 2021

    5 SPACs Hit Public Markets For $875M Total

    Five special-purpose acquisition vehicles, steered by nine law firms, went public Friday after raising $875 million combined in initial public offerings, aiming to target companies for mergers in industries including technology, health care and cannabis.

  • October 15, 2021

    Health Hires: Orrick, Sheppard Mullin

    Orrick Herrington & Sutcliffe LLP has added an attorney experienced in the health care and life sciences realm from Squire Patton Boggs LLP, while Sheppard Mullin Richter & Hampton LLP has boosted its health care industry team with an addition from Benesch Friedlander Coplan & Aronoff LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • October 15, 2021

    Boutique Bankruptcy Firm Hires New Partner in Texas

    Fort Worth, Texas-based bankruptcy firm Forshey Prostok LLP recently announced the hiring of a new partner with over 20 years of law firm experience and a recent bankruptcy court clerkship under her belt.

  • October 14, 2021

    Texas Justices Block School District's Vax Mandate

    The Texas Supreme Court stayed the enforcement of San Antonio Independent School District's employee COVID-19 vaccine mandate, which was slated to go into effect Friday, deciding Thursday to maintain the status quo while an appellate court considers the state's challenge to the mandate.

  • October 14, 2021

    CR Bard Can't Escape Texas Man's Heart Filter Suit

    A Texas federal judge on Wednesday dismissed a design defect claim against C.R. Bard Inc. brought by a man who claims that a piece of a vein filter device lodged in his heart but said that the device maker still had to face failure-to-warn claims.

  • October 14, 2021

    5th Circ. Says Texas Abortion Law Can Be Enforced For Now

    The Fifth Circuit on Thursday agreed with Texas to stay a federal judge's order blocking the enforcement of a state ban on abortions as early as six weeks into a pregnancy while the Lone Star State appeals.

  • October 14, 2021

    Ex-Boeing Chief Technical Pilot Indicted Over 737 Max Probe

    A Texas federal grand jury on Thursday indicted a former chief technical pilot for Boeing Co. on fraud charges, alleging he misled a Federal Aviation Administration evaluation of the 737 Max and withheld crucial information about the plane's flight controls.

  • October 14, 2021

    Fed. Circ. Upholds HP's Victory In Printing Patent MDL

    The Federal Circuit on Thursday affirmed a Texas federal court's decision to clear HP and other companies in multidistrict litigation accusing them of infringing several printing patents, while upholding an attorney fee order that the patent owner engaged in misconduct.

  • October 14, 2021

    IP Forecast: Amazon To Fight 'Jewish Stereotype' Claims

    U.S. District Judge Alan Albright next week will hear an Israeli kitchen technology startup's allegations that lawyers for Amazon played on Jewish stereotypes to bias a Texas jury into finding that the retail giant didn't infringe patents on voice-ordering technology. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 14, 2021

    Corteva, Dow To Pay $3.35M For Texas Pollution Complaint

    Corteva unit E.I. du Pont de Nemours and a Dow Chemical subsidiary have agreed to pay a $3.35 million penalty to put away allegations they polluted the water and air at a manufacturing facility in southwest Texas along the Louisiana border.

  • October 14, 2021

    Texas Judge Wants Unions' Input On United Vaccine Mandate

    A Texas federal judge lamented Thursday the lack of union involvement in a dispute between United Airlines and a proposed class of employees challenging the airline's accommodations for workers exempted from its vaccine mandate for religious or medical reasons.

  • October 14, 2021

    Texas Bars Say Fight Over Pandemic Closures Far From Moot

    A group of Texas bars told a Texas appellate court Thursday that the state can't claim mootness as a reason to end their challenge to restrictions that shut their doors during the height of the pandemic because they still face potential consequences.

  • October 14, 2021

    Real Estate Rumors: DR Horton, Harbor Group, Starwood REIT

    DR Horton has reportedly paid $20.33 million for a Florida development site, Harbor Group International is said to have scored $558 million in CMBS financing for a New York office tower, and a Starwood Real Estate Income Trust fund has reportedly paid $386.7 million for a Florida apartment complex.

Expert Analysis

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

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    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • 5th Circ. Ruling Aids Policyholder Deductible Calculations

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    In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.

  • Opinion

    PTAB Revision Bill Offers US Makers Much-Needed Protection

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    A bipartisan Senate bill that would restore reliable access to patent validity review at the Patent Trial and Appeal Board, ensuring that rewards flow to innovators and protecting American manufacturers against the depredations of hedge funds, deserves Congress' support, says former USPTO acting director Joseph Matal, now at Haynes and Boone.

  • Opinion

    5th Circ. Opinion Is Right To Question ERISA Review Norms

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    A concurrence in the Fifth Circuit’s recent J. P. v. Blue Cross and Blue Shield of Texas decision rightly criticizes the standard of review in Employee Retirement Income Security Act cases as misplaced, nearly impossible for claimants to meet, and at odds with the holistic assessment required by the U.S. Supreme Court, says Mark DeBofsky at DeBofsky Sherman.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What 9th Circ. Arbitration Case May Mean For Insurance

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    If the plaintiffs in CLMS Management Services v. Amwins Brokerage of Georgia appeal the Ninth Circuit's recent decision that state law does not bar the enforcement of arbitration clauses in insurance contracts, the case may have a significant effect on the different dispute resolution options for insurers and policyholders, say attorneys at Sheppard Mullin.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Overlooked Patent Cases: Foreign Activity Liability, Damages

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    Patentees should be aware that a trend from recent, potentially overlooked district court cases — recovery of damages for foreign sales based on domestic patent infringement — brings with it unique challenges, like pleading requirements for exported software, and unique opportunities, like the availability of burden shifting, say attorneys at Akin Gump.

  • Opinion

    The DOJ Should Ramp Up FCA Focus In PPP Enforcement

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    The U.S. Department of Justice should utilize qui tam actions more in its Paycheck Projection Program enforcement efforts, both to maintain credibility with whistleblowers and to leverage the False Claims Act's lower burden of proof, which makes settlements easier to reach than criminal convictions, say R. Scott Oswald and Lydia Pappas at the Employment Law Group.

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