Texas

  • October 24, 2024

    DC Circ. Ruling Endangers Distressed Texas Area, Port Says

    The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.

  • October 24, 2024

    Southwest Shakes Up Boardroom In Deal With Activist Elliott

    Southwest Airlines on Thursday announced a board shake-up, marking the latest of the airline's moves as part of its "transformational" plan amid pressure from activist investor Elliott Investment Management.

  • October 24, 2024

    ConvergeOne Can't Ax Snubbed Creditors' Ch. 11 Plan Appeal

    A Texas federal judge said he wouldn't toss an appeal by a group of secured creditors who say they were improperly iced out of a new equity offering pool for ConvergeOne, writing that the group's challenge wouldn't unravel the reorganized information technology services company's confirmed Chapter 11 plan or harm third parties.

  • October 24, 2024

    Hemp Industry Group Sues Texas City, DEA Over Raids

    A hemp industry trade group has sued the city of Allen, Texas, and the U.S. Drug Enforcement Administration in Texas federal court, alleging they raided and seized a small business' hemp inventory and arrested its manager in violation of state and federal law.

  • October 24, 2024

    Cleary-Led Keurig Buying Ghost Energy For $1B-Plus

    Cleary Gottlieb-led Keurig Dr Pepper said Thursday it has agreed to purchase Winston & Strawn LLP-advised energy drink purveyor Ghost in a two-part transaction that will include the upfront purchase of a 60% stake in Ghost for $990 million, followed by the purchase of the remaining 40% stake in 2028. 

  • October 23, 2024

    Amazon Challenges Expert In $136M Ad Patent Case Defeat

    Amazon has asked U.S. District Judge Alan Albright to overturn a jury verdict behind a $136 million judgment it owes for infringing patents covering online ad space auctions, saying the small advertising software plaintiff's expert couldn't back up his infringement finding.

  • October 23, 2024

    Patent Owner Fed Up With Fed. Circ's 1-Word Decisions

    A patent owner has urged the U.S. Supreme Court to review the Federal Circuit's one-word decision affirming summary judgment in favor of TD Ameritrade in a high-stakes patent fight, saying the appellate court is routinely and summarily affirming orders that ignore factual disputes in patent cases, without explanation.

  • October 23, 2024

    Acer Wants To Erase $10M Verdict Over Computer Monitor IP

    Taiwan's Acer Inc. wants to wipe out a jury's $10.3 million award for U.S. rival SVV Technology Innovations Inc. over optical-film patents for monitors, telling a Texas federal judge a new trial is needed.

  • October 23, 2024

    Investor Tied To Texas AG Seeks Investigation Info From Feds

    Real estate investor Nate Paul is looking to get more information from federal prosecutors about their investigation into federal fraud charges he's facing — topics that featured prominently during the failed impeachment of Texas Attorney General Ken Paxton — according to court filings from U.S. Attorney's Office employees.

  • October 23, 2024

    Dallas Judge Denies Nightclub's TRO, Citing 'Gamesmanship'

    An attorney who owns a Dallas nightclub shouldn't have waited until 6 a.m. Wednesday to alert the city attorney's office about a hearing in the club's effort to stall the city council's vote on zoning approval, a state judge said during the hearing, calling it "gamesmanship."

  • October 23, 2024

    Telecom Group Sues To Cancel FTC's 'Click To Cancel' Rule

    A major cable and internet industry group and others sued the Federal Trade Commission Wednesday over its new "click to cancel" rule, asking the Fifth Circuit to vacate the regulation one week after it was adopted in a 3-2 commission vote.

  • October 23, 2024

    Texas Sues Biden Admin. To Get Voter Citizenship Status Data

    Texas is hauling the U.S. Department of Homeland Security into court again, this time over allegations that the agency has refused to turn over information pertaining to the citizenship status of registered voters in the Lone Star State.

  • October 23, 2024

    PE-Backed Cheerleading Co. Sued Over Data Breach Failures

    Varsity Brands Inc., a cheerleading apparel company, faces a proposed class action in Texas federal court over its handling of a data breach that put personal information of customers in the hands of hackers.

  • October 23, 2024

    Judge Says Ex-Steward Hospital Nurse Row Out Of His Hands

    A Texas bankruptcy judge Wednesday declined to order the new owner of former Steward Health Care hospitals in Massachusetts to take back changes to nurses' union contracts it assumed under his sale order, saying it wasn't up to him to make the call.

  • October 23, 2024

    Fired Norton Rose Worker Ends Suit Over COVID Vax Mandate

    A Texas federal judge on Wednesday signed off on a former Norton Rose Fulbright IT worker's agreement to drop his lawsuit, which accused the firm of discriminating against the ex-employee when it fired him after he refused to get a COVID-19 vaccine because he didn't feel peace with the Holy Spirit about being inoculated.

  • October 23, 2024

    EPA Can't Restart Crafting Smog Rule, DC Circ. Told

    A group of Democratic-led state governments is telling the D.C. Circuit that the Clean Air Act doesn't mandate reconsideration of the U.S. Environmental Protection Agency's 2023 "Good Neighbor" emissions regulation as two steel manufacturers say.

  • October 23, 2024

    Jones Day Brings Back RE Ace In Dallas From Winstead

    Jones Day announced Wednesday that it is boosting its real estate offerings in Dallas with a returning attorney whose regional knowledge and industry experience will be a "real asset" to clients and who previously practiced in the area with Winstead PC.

  • October 23, 2024

    Kirkland Adds Freshfields Atty To Boost Private Credit Bench

    Kirkland & Ellis LLP has welcomed an expert in leveraged finance from Freshfields Bruckhaus Deringer LLP, saying Wednesday that his diverse practice will strengthen the firm's liability management and opportunistic credit practices and support its position in the growing private credit sector.

  • October 23, 2024

    5th Circ. Upholds Workers' Win In Health Co. Wage Suit

    A group of workers for an at-home healthcare company are employees, not independent contractors, a Fifth Circuit panel ruled, affirming a Louisiana federal court decision in three consolidated cases claiming the company cheated workers out of overtime.

  • October 23, 2024

    Top Frontier Investor Calls $20B Price Tag A 'Steal' For Verizon

    Frontier Communications shareholder Glendon Capital Management sent a letter to Frontier's board on Wednesday stating the company is currently worth at least $26 billion, 30% higher than the $20 billion value implied by Verizon's planned buyout, as Glendon aims to prevent Verizon from "walking away with a steal."

  • October 22, 2024

    Texas Firm 'Tortured' Barratry Case, Appeals Court Hears

    A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.

  • October 22, 2024

    Texas Rebar Giant Accused Of Crushing Rivals As Trial Opens

    Pacific Steel Group's counsel told a California federal jury during trial openings Tuesday that Texas rebar giant Commercial Metals Co. used anticompetitive tactics to "crush" competition and drive up rebar prices in the Golden State, while CMC's counsel said evidence will show PSG can only blame itself for its problems.

  • October 22, 2024

    Ex-Worker Says DOJ Retaliated Over Accommodation Request

    A former human resources officer in the Southern District of Texas lodged a retaliation suit against the U.S. Department of Justice on Tuesday, claiming she had to wait 100 days for her post-traumatic stress disorder-related accommodation request to be approved.

  • October 22, 2024

    Supervisor Could've Prevented Electrician's Death, Widow Says

    The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.

  • October 22, 2024

    Death Claims In Lyondell Leak MDL Go To Mediation

    Family who lost loved ones in the 2021 gas leak at a LyondellBasell facility in La Porte, Texas, must pursue their wrongful death claims in mediation, a Houston state court judge has ruled, just a month after the first bellwether trial in the multidistrict litigation reached a settlement.

Expert Analysis

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • What VC Fund Settlement Means For DEI Grant Programs

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    An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • Nuclear Waste Storage Questions Justices May Soon Address

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    The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.

  • DOJ Must Overcome Hurdles In RealPage Antitrust Case

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    The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

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