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May 13, 2025
Albright Scraps $26M Video Patent Verdict Against Google
U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.
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May 13, 2025
Trump Nudges Justices To Lift Ban On Venezuelan Removals
The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.
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May 13, 2025
Texas House OKs Bill Expanding Biz Court Disputes
A bill that would bring sweeping changes to the state's business court is one step closer to becoming law after approval by the Texas House on Tuesday.
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May 13, 2025
CFPB Axes Order For Toyota Unit To Pay Millions In Redress
The Consumer Financial Protection Bureau has quietly lifted a consent order with Toyota's U.S. financing arm, releasing it from "any alleged noncompliance" with the order — including requirements that called for it to return nearly $42 million to consumers.
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May 13, 2025
NLRB Urges 5th Circ. To Stand By Its OK Of Exxon Vacatur
The Fifth Circuit should stand by its decision that the National Labor Relations Board correctly vacated Exxon Mobil's win in an agency case after learning that a board member who presided over the litigation had a stake in the company, the agency told the appellate court.
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May 13, 2025
Ga. Justices Revives Claim Over Med Student's Negligence
The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.
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May 13, 2025
Attys Invoke 5th Amendment In Mexican Bank Discovery Row
Lawyers for a Mexican businessman told a Houston federal court that sanctions are not warranted in their response to a subpoena amid discovery by a Mexican bank, arguing their client is justified in preserving his Fifth Amendment rights against self-incrimination.
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May 13, 2025
NFL Benefits Plan Throws Flag On Atty Fee Award To Player
Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
Murder Is Not Assault, Drywall Co. Says In Indemnification Bid
A drywall company told a Texas federal judge that Knight Specialty Insurance Co. cannot use an assault and battery exclusion to escape its obligation to defend the company after one of its employees murdered a woman, saying Monday "murder is different than assault or battery."
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May 12, 2025
Barnes & Noble Faces IP Suit Over E-Commerce Tech
Barnes & Noble has joined a line of retailers facing patent infringement suits from intellectual property licensing company AML IP, with a complaint filed Monday in Texas federal court accusing the bookseller of violating a patent related to technology for electronic methods of processing payments.
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
Green Groups Fight Feds' Effort To Rescind Bird Protections
Environmental groups on Sunday asked a Texas federal court to reject the U.S. Fish and Wildlife Service's effort to reverse its decision to protect two populations of the lesser prairie-chicken under the Endangered Species Act.
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May 12, 2025
HP, Patent Licensing Co. Settle Suit Over Video Coding IP
HP Inc. and a California-based patent licensing company that accused the IT giant of infringing old Panasonic patents covering picture and moving picture coding and decoding methods agreed to end their dispute, according to a joint motion filed in Texas federal court.
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May 12, 2025
Anadarko Says Class Shouldn't Get Cert. After 5th Circ. Ruling
Anadarko Petroleum Corp. told a federal judge on Monday that he shouldn't recertify a proposed class of shareholders who claim they lost money on the company's bad oilfield bet, after the Fifth Circuit overruled his earlier certification last year.
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May 12, 2025
Music Labels Ask Justices To Uphold ISP's Copyright Liability
The nation's major record labels are urging the U.S. Supreme Court not to take up a petition from an internet service provider asking whether internet service providers can face "massive liability" for user copyright infringement, telling the justices that no circuit split on the question exists.
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May 12, 2025
Texas Judge Suspended Over Vote Harvesting Indictment
A Texas county judge was suspended without pay Monday by the state's judicial disciplinary body in connection with a felony indictment charging her with taking part in a vote harvesting scheme related to the 2022 election.
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May 12, 2025
Texas Rep. Cuellar Argues He's Immune From Bribery Charges
U.S. Rep. Henry Cuellar, D-Texas, on Friday moved to dismiss a 14-count indictment accusing him of accepting bribes in exchange for political favors, arguing it violates the immunity representatives are afforded under the Constitution's speech and debate clause.
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May 12, 2025
Sidley Adds Morgan Lewis Financial Services Trio In Texas, NY
Sidley Austin LLP announced Monday it has added a trio of banking and financial services attorneys from Morgan Lewis & Bockius LLP in Dallas and New York.
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May 12, 2025
Clifford Chance Adds Texas Energy Pro After In-House Roles
Clifford Chance LLP announced Monday that it has expanded its energy and infrastructure financing offerings in the U.S. with a partner who came aboard after a decade filling in-house roles at Cheniere Energy Inc. and Occidental Petroleum Corp.
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May 12, 2025
5th Circ. Pauses DOL Overtime Rule Challenge
The Fifth Circuit paused the U.S. Department of Labor's challenge to a Texas federal court decision vacating a rule that raised salary thresholds for considering employees overtime-exempt under federal wage law, the latest pause affecting Biden-era rules after the change in administration.
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May 12, 2025
Texas Justices Say Nursing Home Can Appeal $7.1M Verdict
The Texas Supreme Court has revived a nursing home's appeal of a $7.1 million injury verdict in favor of one of its employees, saying the nursing home has shown that it did not have actual notice of the judgment and is entitled to an extension to the filing deadline.
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May 12, 2025
3 Firms Guide NRG, LS Power On $12B Natural Gas Deal
NRG Energy Inc. said Monday it has agreed to acquire a portfolio of natural gas-fired power plants and a virtual power plant platform from LS Power for $12 billion, in a cash-and-stock deal steered by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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May 09, 2025
Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.
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May 09, 2025
IP Atty Referred To Disciplinary Panel For Paralegal's Error
A California federal magistrate judge referred beleaguered patent attorney William Ramey to a disciplinary committee for potential sanctions over his alleged "pattern" of filing pro hac vice requests with inaccuracies, even after a paralegal swore under oath that she misread the pro hac vice form and repeatedly made the mistake.
Expert Analysis
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.