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Texas
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October 24, 2025
Federal Circuit Backs PTAB's Ax Of Charging Patent
The Federal Circuit on Friday refused to revive claims in a charging patent that Apple had challenged at the Patent Trial and Appeal Board, affirming the board's findings that the claims were invalid.
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October 24, 2025
Law Firm Cleared Of Min. Wage, OT Claims In Paralegal's Suit
A former paralegal at a Texas personal injury law firm has not proved that she was not paid minimum wage and also failed to show the firm knew she worked overtime, a jury concluded after a three-day trial in her misclassification suit.
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October 23, 2025
Texas Dials Up Exposure With App Store, Telemarketing Laws
A new Texas age verification law and sweeping revisions to the state's telemarketing statute are poised to saddle the broad universe of companies that support mobile apps and disseminate marketing texts with new obligations that will open them up to more lawsuits and other legal risks, unless opponents find success with fledgling constitutional challenges.
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October 23, 2025
Retailer To Pay $4.8M To End AGs' Membership Fee Claims
An online retailer has reached a $4.8 million deal ending a multistate consumer protection probe asserting the company deceptively enrolled customers in paid membership programs, charged them high monthly fees, then tried to keep them from canceling their memberships.
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October 23, 2025
Texas Appeals Court OKs Challenge To $1M Default Judgment
A Texas appeals court said Thursday that an energy company on the hook for a $1 million default judgment can have a second shot at seeking a new trial because it filed the request just before midnight on the date it was due, reversing a lower court decision that found the filing came too late.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
5th Circ. Vacates Lewis Brisbois' $1.5M Trademark Award
The Fifth Circuit vacated a $1.5 million damages award Thursday that Lewis Brisbois Bisgaard & Smith LLP won against three attorneys who registered a business with the same name, saying the Texas federal judge who granted the award had not explained his reasoning under the relevant statutes.
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October 23, 2025
Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute
Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.
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October 23, 2025
Freshly Launched Legal Org. Plans To Protect Abortion Docs
A new legal group launched this week aims to support telehealth doctors providing abortion pills and reproductive care, and to further strengthen shield laws protecting those providers from out-of-state prosecutions.
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October 23, 2025
Genesis Judge Blocks HHS Bid To End Nursing Home Benefits
A Texas bankruptcy judge on Thursday blocked a bid by the U.S. Department of Health and Human Services' Centers for Medicare and Medicaid Services to cut off payments for one of Genesis Healthcare's skilled nursing facilities in Alabama, entering a preliminary injunction in the Chapter 11 adversary proceeding.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
5th Circ. Revives Religious Bias Suit Over DOD Vaccine Policy
The Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit.
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October 22, 2025
5th Circ. Judge Oldham Repudiates 'Holy Rule' For Precedents
The Fifth Circuit's bedrock principle of strictly following even the most "extreme outlier judgments" of circuit panels is "deeply inconsistent with the federal judicial function," U.S. Circuit Judge Andrew S. Oldham said Wednesday night at a high-profile Heritage Foundation event.
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October 22, 2025
Colgate-Palmolive Can't Yet Ditch Soap Contamination Suit
A New York federal judge on Wednesday refused to throw out a Texas woman's suit alleging she developed a wound infection from contaminated multi-purpose cleaner made by Colgate-Palmotive Co., finding that the allegations are adequate for this stage in the litigation.
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October 22, 2025
Tesla Claims Texas Charter Trumps Sweeping Claims In Del.
Attorneys for Tesla, its principals and Elon Musk told Delaware's chancellor on Tuesday that the company's widely trumpeted corporate charter move from Delaware to Texas should doom a Court of Chancery consolidated stockholder suit challenging a string of actions by the company and Musk.
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October 22, 2025
Gilstrap, Albright Flouting Venue Law, Fed. Circ. Told
The Federal Circuit is being asked to step in and decide if two well-known Texas federal judges, U.S. District Judges Rodney Gilstrap and Alan Albright, have been flouting patent venue law by refusing to transfer out infringement cases if any step of the patented method was performed in their section of the Lone Star State.
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October 22, 2025
Texas Book Rating Law Struck Down As Unconstitutional
A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.
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October 22, 2025
Airline Groups Ask 5th Circ. To Ground In-Flight Death Suit
Airline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response.
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October 22, 2025
Kroll Wants FTX Hack Suit Tossed, Arbitrated Or Moved
Bankruptcy claims agent Kroll Restructuring Administration LLC has asked a Texas federal judge to transfer or sink a proposed class action over a data breach that affected creditors of FTX Trading Ltd., BlockFi Inc. and Genesis Global Holdco LLC, pointing to alleged standing issues and an online arbitration agreement.
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October 22, 2025
Texas Appeals Court Wipes $64M Judgment For Dallas Lender
A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.
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October 22, 2025
Toyota Gets PTAB To Ax Some Car User Profile Patent Claims
The Patent Trial and Appeal Board has invalidated some claims in a vehicle user identification patent while letting others stand in a challenge brought by Toyota Motor Corp., which has been the target of an infringement case in the Eastern District of Texas.
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October 22, 2025
Kirkland Partner, Ex-Sen. Cornyn Counsel Tapped For US Atty
A Dallas-based Kirkland & Ellis LLP litigation partner who previously served as U.S. Sen. John Cornyn's chief counsel has been nominated as U.S. attorney for the Northern District of Texas.
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October 22, 2025
X Defends Antitrust Case Over Apple's Deal With OpenAI
Elon Musk's social media platform X and its artificial intelligence arm defended their antitrust case targeting a deal that integrated ChatGPT into iPhones, telling a Texas federal court that Apple and OpenAI are trying to preserve their respective monopolies.
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October 22, 2025
Subprime Auto Lender PrimaLend Hits Ch. 11 Seeking Sale
Subprime auto loan company PrimaLend Capital Partners LP filed for Chapter 11 in Texas bankruptcy court Wednesday, listing more than $100 million in debt and saying that it is pursuing a value-maximizing sale transaction.
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October 21, 2025
Salesforce Gets Sex-Trafficking Suit Paused For Criminal Case
The Texas federal judge overseeing consolidated litigation accusing Salesforce of benefiting from the sex trafficking of people on Backpage, the defunct classified ads website that used the company's software, put the case on ice Tuesday, saying a related criminal case must first be resolved.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Viral Coldplay Incident Shows Why Workplace Policies Matter
The viral kiss cam incident at a recent Coldplay concert involving a CEO and a human resources executive raises questions about how employers can use their code of conduct or morality clauses to address off-the-clock behavior that may be detrimental to the company's reputation, says Masood Ali at Segal McCambridge.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.