Texas

  • January 27, 2022

    IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

    S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew about the name of the smaller business for years before suing. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Texas House Seeks Federal Probe Into Operation Lone Star

    Democrats in the Texas House of Representatives urged the Biden administration to immediately investigate Operation Lone Star, saying that Gov. Greg Abbott's border enforcement program was likely unconstitutional and violates migrants' due process rights.

  • January 27, 2022

    Biden Admin. Hit With FOIA Suit Over US Border Levee Walls

    Environmental advocacy group the Center for Biological Diversity slammed the U.S. Army Corps of Engineers on Thursday for refusing to hand over public records about the construction of what it says are new U.S.-Mexico border walls on levees along the Rio Grande Valley in Texas, according to a suit filed in District of Columbia federal court.

  • January 27, 2022

    Lyft Judge Rips 'Ridiculous' AGIS Bid To Kick IP Suit To Texas

    A California federal judge said Thursday she'll toss Lyft's suit seeking a declaration that its app doesn't infringe AGIS Software's five patents, but she said Lyft could conduct discovery and amend the suit, and slammed as "ridiculous" AGIS' bid to move the fight to Texas.

  • January 27, 2022

    5th Circ. Affirms $2.1M Atty Fee Fight Doesn't Belong In Texas

    A Fifth Circuit panel on Thursday affirmed a Texas federal judge's decision to dismiss a Houston personal injury law firm's $2.1 million referral fee lawsuit against an Ohio law firm, agreeing that answering one unsolicited email didn't subject the Buckeye State firm to Lone Star State law.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    Texas Judge Delays Trial In KBR Kickback Scheme

    A Texas federal judge agreed Thursday to delay a trial originally set for mid-February in a lawsuit that accuses KBR Inc. of violating the False Claims Act when a former employee engaged in a kickback scheme with a subcontractor, warning the parties this will be the only continuance allowed.

  • January 27, 2022

    Aon Says 2021 Disasters Propelled High Insurable Losses

    Hurricane Ida and other major storms that hit the U.S. in 2021 resulted in the third-costliest year on record for the insurance industry, according to a report from professional services company Aon, which warns that climate change threatens to increase risks.

  • January 27, 2022

    4 Firms Rep As Satellite Biz D-Orbit Goes Public In $1.3B Deal

    Italian satellite launch business D-Orbit SpA said Thursday it's going public by merging with blank-check company Breeze Holdings Acquisition Corp. in a deal with an enterprise value of $1.28 billion and that was led by four law firms, including K&L Gates LLP and Woolery & Co. PLLC.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Deals Rumor Mill: Nvidia, Unilever, Kim Kardashian's Skims

    Nvidia will ditch its $40 billion purchase of U.K. semiconductor company Arm, activist billionaire Nelson Peltz has amassed a stake in European consumer goods giant Unilever, and Kim Kardashian's Skims brand has achieved a $3.2 billion valuation. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    VLSI Patent In $2.18B Intel Verdict Faces PTAB Validity Check

    The Patent Trial and Appeal Board on Wednesday said it will review the validity of one of the two VLSI Technology computer chip patents at the heart of a historic $2.18 billion infringement verdict against Intel Corp.

  • January 26, 2022

    No Physical Loss Dooms Gift Shop Co.'s Virus Coverage Suit

    The Cincinnati Casualty Co. doesn't have a duty to cover a gift shop supply company's business interruption losses resulting from the coronavirus pandemic, a Texas federal judge ruled Wednesday, finding that the complaint lacks allegations of direct physical damage.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Tyson Asks 5th Circ. To Keep COVID-19 Death Suits Federal

    Tyson Foods Inc. has told the Fifth Circuit a pair of lawsuits accusing the company of wrongfully requiring employees to work without proper safety protocols at the beginning of the COVID-19 pandemic belong in federal court, because the company was following instructions from the federal government at the time.

  • January 26, 2022

    DC Circ. Backs FERC In Phillips 66 Pipeline Access Fight

    The D.C. Circuit Court sided with the Federal Energy Regulatory Commission, finding that it had properly rejected a propane supplier's claims that Phillips 66 Co. was unlawfully denying the supplier access to its 688-mile Blue Line pipeline.

  • January 26, 2022

    EPA Declines To Switch Up Ethylene Oxide Risk Calculation

    The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Texas Gov. Asks State Justices To Affirm Mask Mandate Ban

    Texas Gov. Greg Abbott has asked the Texas Supreme Court to reverse two lower court rulings and find that he has the authority to issue a statewide mask mandate ban, imploring the court to weigh in on a debate that has been percolating in state courts since August.

  • January 26, 2022

    Texas Panel Pauses Sex-Trafficking Suit Against Salesforce

    A Texas appellate court on Wednesday granted a request from Salesforce.com Inc. to pause a lawsuit in which Jane Does allege the company contributed to their sex-trafficking by selling a subscription for its customer relationship management and marketing software to an ad website, while the court considers whether the claims can proceed.

  • January 26, 2022

    USPTO Sanctions 3 Cos. Over 'Fraudulent' TM Applications

    The U.S. Patent and Trademark Office has banned three companies from making future filings and terminated all their current submissions, claiming they made 5,500 fraudulent trademark applications as part of a scheme to defraud their own customers by using fake USPTO legal threats.

  • January 26, 2022

    Real Estate Rumors: Bank Hapoalim, Amazon, Ansca Homes

    Bank Hapoalim has reportedly loaned $33.2 million for a Brooklyn multifamily project, Amazon is said to be leasing 202,000 square feet in Los Angeles and Ansca Homes is reportedly hoping to rezone 10.2 acres in South Florida.

Expert Analysis

  • Opinion

    USPTO Must Revoke Fintiv Rule With Or Without New Director

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    Although U.S. Patent and Trademark Office director nominee Kathi Vidal didn't commit in her Senate hearing to striking down the Patent Trial and Appeals Board's plainly unlawful NHK-Fintiv discretionary denial practice benefitting patent trolls, the agency can and should revoke the rule now, says Scott McKeown at Ropes & Gray.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • Opinion

    IP Venue Transfer Rulings Ignore Plaintiffs' Jurisdiction Rights

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    Recent Federal Circuit venue transfer orders in patent cases leave out an important consideration — whether the transferee court has personal jurisdiction over the plaintiff — that should be taken into account to ensure that plaintiffs' constitutional rights are adequately protected, say Justin Nemunaitis and Alexander Gras at Caldwell Cassady.

  • Opinion

    Trucking Industry Needs Protection From Huge Legal Verdicts

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    Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

  • DOI's Vision For Offshore Wind: Obstacles And Opportunities

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    The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.

  • How State High Courts Are Ruling On Consent To Jurisdiction

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    Recent state supreme court decisions from New York, New Mexico, Pennsylvania and Georgia implicate whether a corporate defendant will be subject to suit for claims unconnected to a state merely for registering to do business there, and the tension between the Georgia Supreme Court's decision and settled precedent means the issue may be before the U.S. Supreme Court soon, say Jayne Risk and Neal Kronley at DLA Piper.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

  • Opinion

    Justices' Texas Abortion Ruling Is Murky On Key Question

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    The U.S. Supreme Court’s recent decision in Whole Woman's Health v. Jackson, barring several possible ways abortion providers could challenge Texas’ new fetal heartbeat law, is frustratingly vague on the question of which state officials can be sued to block enforcement, with ramifications that go far beyond abortion rights, says Ilya Somin at George Mason University.

  • 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

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    A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

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