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December 03, 2025
High Billers At McKool Smith To Pocket Extra Bonus Money
McKool Smith is the latest BigLaw firm to announce extra cash for attorneys who went above and beyond with billable hours in 2025, according to an internal memo obtained by Law360 Pulse.
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December 02, 2025
5th Circ. Skeptical Of NLRB Dinging Starbucks For Subpoenas
A Fifth Circuit panel seemed skeptical of the National Labor Relations Board's claim that it can slap Starbucks Corp. with a labor law violation after it allegedly sent overbroad subpoenas to pro-union employees, saying Tuesday it seemed like the board created a "liability trap."
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December 02, 2025
Squires Institutes First PTAB Challenges Since Taking Over
U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.
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December 02, 2025
9th Circ. Tosses Tesla Investor Suit Over Self-Driving Tech
The Ninth Circuit on Tuesday affirmed the dismissal of a suit against Tesla Inc. and its CEO Elon Musk claiming they deceived investors about the capabilities and safety record of the company's self-driving technology, finding the investors failed to plead any actionable false statements, among other issues.
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December 02, 2025
Foxconn Ordered To Pay $8.45M Award Over Defective Phones
A Texas federal judge has enforced an arbitral award ordering major technology manufacturer Foxconn International Holdings to pay cellphone supplier Emblem Solutions $8.45 million in a dispute over allegedly defective phones.
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December 02, 2025
5th Circ. Weighs If Ex-Starbucks CEO Made Anti-Union Threat
A Fifth Circuit panel pressed Starbucks Corp. to explain how former CEO Howard Schultz's comments telling a pro-union employee they could find another job did not run afoul of labor law, saying Tuesday the comments could be seen as threatening retaliation.
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December 02, 2025
14 Ex-Lawmakers Tell USPTO Proposed Rules Violate The Law
A group of 14 former members of Congress, including America Invents Act sponsor Patrick Leahy, has told the U.S. Patent and Trademark Office that the agency's proposal to restrict many patent challenges "violates foundational American legal principles and the AIA."
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December 02, 2025
Texas Rep. Introduces Bill To Sanction Cyber Actors
Rep. August Pfluger, R-Texas, introduced a bill that would create a federal process for identifying and sanctioning state-sponsored cyber actors that target U.S. networks, critical infrastructure and elections.
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December 02, 2025
Lyft Gets Albright To Invalidate Some Ride-Hailing Patents
A Texas federal judge has found that three of Quartz Auto Technologies' patents Lyft Inc. has been accused of infringing are not patentable, after the ride-hailing giant said they were ineligible for patent protection under the U.S. Supreme Court's Alice standard.
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December 02, 2025
5th Circ. Hints Texas Vote Harvesting Law Is Constitutional
A Fifth Circuit panel seemed skeptical of voting rights advocates who claim that a Texas law banning so-called vote harvesting violates the First Amendment, with one judge saying Tuesday that without the law, paid actors could "worm" their way into people's homes and secure votes.
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December 02, 2025
Defamation Litigation Roundup: FDA, Lively, Alexander Bros.
In this month's review of defamation fights, Law360 highlights a pharmaceutical company's suit against a former U.S. Food and Drug Administration official, as well as the latest decision siding against President Donald Trump in his fights with media companies.
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December 02, 2025
Fed. Circ. Erases $41.8M Verdict Over Seagen Cancer Drug IP
The Federal Circuit in a precedential opinion Tuesday reversed a $41.8 million verdict against Daiichi Sankyo for infringing a Seagen breast cancer treatment patent, saying a lower court should have found that the patent didn't adequately describe the claimed invention or enable a skilled person to use it.
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December 02, 2025
Grid Org. Justified Project Exemptions, FERC Tells DC Circ.
The Federal Energy Regulatory Commission said Tuesday that it reasonably trusted a regional grid operator's judgment that a Kansas electricity cooperative's transmission projects should be exempted from a process to determine how project costs are divided before they're approved.
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December 02, 2025
A&O Shearman Corporate Pro Joins Holland & Knight In Texas
Holland & Knight LLP announced Monday that it has bolstered its corporate, mergers and acquisitions, and private equity practices with a partner in Austin, Texas, who came aboard from Allen Overy Shearman Sterling.
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December 01, 2025
Fed. Circ. Eyes $162K Fee Award To Vizio In Ramey Case
The Federal Circuit on Monday scrutinized a judge's order that a patent owner represented by embattled firm Ramey LLP must pay Walmart Inc.-owned television maker Vizio Inc. nearly $162,000 in attorney fees, with judges debating if the award was justified based on the plaintiff's settlement offer.
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December 01, 2025
AT&T Seeks To Block T-Mobile Price Tool From Data Scraping
AT&T Services Inc. urged a Texas federal judge Sunday to issue a temporary restraining order blocking T-Mobile US Inc. from using its "Switch Made Easy" price-comparison tool to access AT&T's password-protected software without permission, while T-Mobile countered that the emergency injunction bid is unnecessary and fundamentally mischaracterizes its technology.
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December 01, 2025
FCA Says Drivers Lack Standing In Exploding Minivan MDL
Fiat Chrysler has urged a Michigan federal judge to toss the remaining claims in sprawling multidistrict litigation over allegations that certain plug-in hybrid minivans are at risk for spontaneous fires, arguing most of the plaintiffs haven't suffered from an actual defect or dealt with financial loss.
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December 01, 2025
Travelers Asks Texas Court To Allocate $11M Auto Coverage
The Travelers Indemnity Company of America asked a Texas federal court Monday to divvy up $11 million in insurance policy limits to relieve the insurer and the energy company it insured from wrongful death lawsuits following a fatal car crash involving a driver for the company.
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December 01, 2025
Samsung Accused Of Infringing Security Patents In EDTX
A Wyoming-based patent owner has hit Samsung with a lawsuit in Texas federal court, claiming the South Korean electronics giant's security platform is infringing a pair of patents on ways to protect data.
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December 01, 2025
Latham-Led Targa To Pay $1.3B For Permian Processing Co.
Targa Resources Corp. said Monday it will acquire Stakeholder Midstream LLC for $1.25 billion in cash, adding an extensive gathering and processing, or G&P, system in the Permian Basin to its asset base.
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December 01, 2025
Somnigroup Lobs All-Stock Takeover Offer For Leggett & Platt
Bedding giant Somnigroup International Inc., advised by Cleary Gottlieb Steen & Hamilton LLP, on Monday revealed it had submitted an unsolicited all-stock takeover proposal for Latham & Watkins LLP-advised Leggett & Platt.
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December 01, 2025
Texas Says Shein May Have Sold Unsafe Products
The Texas Office of the Attorney General has launched an investigation into global retailer Shein US Services LLC Corp. and its affiliates, saying Monday the fast-fashion company may have violated consumer safety laws.
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December 01, 2025
Engineer Says BLM Confrontation Got Him 'Blacklisted'
A construction worker has hit his former employer with a racial discrimination lawsuit alleging the Texas-based company refused to rehire him following COVID-related layoffs after he called out a coworker for comparing the Black Lives Matter movement to the Ku Klux Klan.
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December 01, 2025
5th Circ. Ends DOL Appeals Over Biden-Era Fiduciary Regs
The Fifth Circuit shuttered two appeals from the U.S. Department of Labor that aimed to revive Biden-era regulations expanding the definition of a fiduciary under the Employee Retirement Income Security Act, after the agency told the appellate court it intended to drop the cases.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
Expert Analysis
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Cos. Considering DExit Should Assess D&O Insurance Effects
As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.