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Texas
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May 17, 2024
5th Circ. Won't Rethink SXSW Ticket Coverage Ruling
The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.
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May 16, 2024
Buckle Up: CFPB's High Court Win Will Thaw Frozen Docket
The Consumer Financial Protection Bureau is walking away from the U.S. Supreme Court with its funding and rulebook intact, a victory that caps off years of constitutional wrangling over how the agency was set up and will usher in a wave of activity that has financial services attorneys bracing for impact.
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May 16, 2024
Texas Court Tosses $222M Verdict In Worker Burn Death Suit
A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.
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May 16, 2024
'Christian' Co. Scammed WWII Vet Out Of $300K, Feds Say
Five members of an Alabama-based self-described Christian company were indicted on conspiracy and fraud charges stemming from a scheme in which they allegedly took at least $300,000 from a World War II veteran after telling him the money would pay for a vocational school.
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May 16, 2024
Houston Hospital Must Face Patient's Improper Care Claims
A split Texas appellate court gave a patient a second shot at his lawsuit accusing Houston Methodist Hospital of botching his post-surgery care, finding Thursday that an expert report supporting the patient's allegations was adequate to survive a dismissal bid.
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May 16, 2024
FCC To Pull Phone Co.'s Authorization To Operate In US
The Federal Communications Commission said Thursday it plans to revoke a telecom company's authorization to operate in the U.S. after the business failed to comply with an agreement with federal agencies stemming from a security review.
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May 16, 2024
La. Parties Split On How Voting Law Alters Consent Decree
A civil rights group told the Fifth Circuit on Thursday that a Louisiana state law enacted two weeks before the court reconsidered whether to dissolve a 30-year-old voting consent decree was enough to end its dispute, but disagreed with the state over the dissolution process for the consent decree determining how the state's high court justices are chosen.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
Fracking Services Co. Nitro Hits Ch. 11 After IP Trial Loss
Oil and gas fracking services provider Nitro Fluids LLC filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt, months after a jury found it had infringed another company's patents.
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May 15, 2024
SolarWinds Says SEC's Cyber Breach Suit Goes Too Far
SolarWinds Corp. on Wednesday asked a Manhattan federal judge to throw out the U.S. Securities and Exchange Commission's suit accusing the enterprise software company of deceiving investors about its lax cybersecurity, which left it open to a Russian hacking campaign.
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May 15, 2024
Real Estate Seller Can't Show He Was Stiffed On Commission
A Texas appellate court ruled that a man claiming he was cheated out of a commission for assisting in a real estate sale didn't have enough to back up his claims, agreeing Tuesday that a lower court was correct in granting an early win to the property's seller.
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May 15, 2024
Texas Judge Won't Halt County's Electioneering Restrictions
Newly-crafted electioneering rules in Palo Pinto County, Texas, can stay in place as conservative activists pursue an interlocutory appeal of an order denying their motion to block the rules' implementation, a Texas federal judge has ruled.
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May 15, 2024
Noncompete Rule Challenge Gets More Backing
A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.
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May 15, 2024
MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize
The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.
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May 15, 2024
Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only
Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.
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May 15, 2024
Caltech Makes A Deal With Dell, Ending Another Patent Suit
The California Institute of Technology has reached a settlement in its patent lawsuit against Dell Technologies Inc., the latest deal the school has cut in suits over its data transmission patents in the years after its $1.1 billion verdict against Apple Inc. crashed at the Federal Circuit.
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May 15, 2024
House Dems Launch Task Force To Address High Court 'Crisis'
A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.
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May 15, 2024
Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing
The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
Hunton Taps Energy Regulatory Chair As Austin, Dallas Head
Hunton Andrews Kurth LLP has selected its national energy regulatory practice chair to lead two of its Texas offices, the firm announced Wednesday.
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May 15, 2024
Toss Of Bonus Bias Claim Too Short On Details, 5th Circ. Says
The Fifth Circuit has reinstated a Hispanic salesman's claim that he was denied $160,000 in bonuses by a construction contractor out of racial bias after he was fired, ruling the lower court didn't adequately explain why it nixed that allegation.
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May 14, 2024
5th Circ. Nixes Catholic Abuse Claimants' Ch. 11 Appeal
Sex abuse claimants removed from a Catholic archdiocese's bankruptcy unsecured creditors committee don't have grounds for an appeal because they couldn't show the removal was a sanction on them that cost the claimants anything, the Fifth Circuit said.
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May 14, 2024
DOJ Says Boeing Violated 737 Max Deferred Prosecution Deal
Boeing breached its deferred prosecution agreement with the U.S. Department of Justice stemming from the deadly 737 Max 8 crashes, but the government hasn't yet decided whether it will criminally prosecute the American aerospace giant for defrauding regulators, the DOJ said in a Texas federal court filing Tuesday.
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May 14, 2024
Apache Investors Get First OK On $65M Deal In Drilling Suit
A U.S. magistrate judge has given the first green light to a $65 million settlement resolving a lawsuit against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.
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May 14, 2024
5th Circ. Expresses Doubt On Nasdaq Board Diversity Rules
Lawyers for the U.S. Securities and Exchange Commission and Nasdaq Stock Market LLC faced a barrage of questions from the full Fifth Circuit on Tuesday, with judges wondering whether rules requiring corporations to disclose board diversity information would open the door to investor questions on religious practices, political beliefs or Taylor Swift fandom.
Expert Analysis
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Questions Linger Over Texas Business Court's Jurisdiction
If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.
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Cross-Market Implications In FTC's Anesthesia Complaint
The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Total Stay Of CFPB Small Biz Data Rule Is Boon To Lenders
The Southern District of Texas’ nationwide halt of the Consumer Financial Protection Bureau’s Small Business Lending Rule would end if the CFPB wins a pending U.S. Supreme Court case, but the interim pause allows valuable extra time for financial institutions to plan their compliance strategies, say attorneys at Greenberg Traurig.
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Why The Effect Of Vivint Has Been Minimal
A survey of recent ex parte reexamination decisions since the Federal Circuit’s 2021 In re: Vivint decision appears to support the court’s conclusion that the ruling was limited in scope and would have limited impact, says Yao Wang at Fish & Richardson.
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Opinion
What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong
The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.
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What Texas Business Court Could Mean For Oil, Gas Cases
While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs
The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.