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August 25, 2025
Stewart Overrules 3 PTAB Discretion Decisions On Dir. Review
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart freed WSOU Investments and Nutanix from challenges where the Patent Trial and Appeal Board had already instituted review, but then revived an inter partes review Nike had originally dodged.
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August 25, 2025
Texas Stock Exchange Wants In On Proxy Advisory Lawsuit
The Texas Stock Exchange and Texas Association of Business have moved to intervene in two lawsuits that proxy advisory firms have filed against Texas Attorney General Ken Paxton over a state law restricting the firms, aiming to back up the law known as Senate Bill 2337.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
X Sues Apple, OpenAI For Cutting 'Anticompetitive' Deal
Billionaire Elon Musk on Monday made good on a promise that his artificial intelligence venture xAI would lodge an antitrust suit against Apple Inc. and OpenAI Inc. to target the companies' deal that integrated ChatGPT into the iPhone operating system, telling a Texas federal judge the arrangement stifles competition.
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August 25, 2025
5th Circ. Nixes SEC's Biden-Era Short-Selling Rules
The Fifth Circuit on Monday remanded a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market, ruling that the U.S. Securities and Exchange Commission had failed to consider the economic impact of adopting both rules at once.
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August 25, 2025
Gilstrap Rejects Charter Rival's Bid For New Infringement Trial
U.S. District Judge Rodney Gilstrap on Monday turned down Touchstream Technologies Inc.'s request for a new trial or favorable judgment on its claims of patent infringement against Charter Communications, saying Charter had not misled a jury that found infringement did not occur.
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August 25, 2025
Judge Flags Possible Conflict In Foley & Lardner Client Spat
A Texas appellate court told Foley & Lardner LLP and two of its former clients that one of its judges might have a conflict of interest precluding him from deciding the parties' dispute over the firm's alleged failure to disclose conflicts of interest.
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August 25, 2025
Troutman Adds Ex-Medallion Midstream GC To Energy Team
Troutman Pepper Locke LLP has added the former general counsel of Medallion Midstream LLC — which was acquired for $2.6 billion last year — to its Dallas office, strengthening the firm's energy transactional practice with an energy attorney who has two decades of legal experience, the firm announced Monday.
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August 25, 2025
Phelps Dunbar Adds DOJ Environmental Atty In Austin
Phelps Dunbar LLP announced Monday that it has added an environmental litigator in Austin, Texas, who brings over a decade of experience as a trial attorney in the U.S. Department of Justice's Environment and Natural Resources Division.
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August 25, 2025
Texas Bill Would OK Low-Population Voter-Approval Tax Rates
The Texas voter-approval property tax rate, the maximum rate a local government can adopt without voter approval, would be reduced for smaller taxing authorities under a bill passed in the state Senate and a House committee.
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August 25, 2025
King & Spalding Health Pro Joins Holland & Knight In Houston
Holland & Knight LLP announced Monday that it has added a healthcare-focused transactional partner in Houston who came aboard from King & Spalding LLP.
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August 25, 2025
Hicks Johnson Adds Arnold & Itkin Appellate Head In Houston
Hicks Johnson PLLC announced Monday that it has named a new appellate practice leader in Houston who formerly helmed the appellate group at Arnold & Itkin LLP.
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August 25, 2025
3 Firms Steer $18.4B Keurig Dr Pepper, JDE Peet's Coffee Deal
Keurig Dr Pepper will acquire JDE Peet's in an approximately $18.4 billion deal that aims to create a "global coffee champion" through the combination of the Keurig brand single-serve coffee platform and JDE Peet's coffees, the companies announced Monday, with three law firms guiding the transaction.
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August 22, 2025
Texas, Fla. Want In On Abortion Medication Challenge
Texas and Florida have asked a Lone Star State federal court to allow them to intervene in litigation challenging federal approvals for the abortion medication mifepristone, arguing that their interests may "no longer be adequately represented" by Missouri, Kansas and Idaho, which are currently leading the suit.
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August 22, 2025
Kroll Catches Class Suit Over Crypto Bankruptcy Data Breach
Kroll has been hit with a proposed class action in Texas federal court from an FTX creditor who says the claims and noticing agent should've done more to secure user data and notify claimants of key bankruptcy deadlines after it suffered a data breach that exposed creditors to a bevy of email attacks.
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August 22, 2025
USPTO Allows Discretionary Denials For 3-Year-Old Patents
A top Patent Trial and Appeal Board judge Friday rejected challenges to GenghisComm Holdings LLC patents issued as recently as 2022, as part of the three discretionary review decisions issued over the last week.
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August 22, 2025
BJ's, Five Guys Ripped Off Digital Ordering Patent, Suits Say
Five Guys, BJ's and other chain restaurants have been sued in Texas federal court by Smart Order LLC, which alleges that the eateries are infringing its patent covering online customer purchasing systems available through mobile apps or in-store kiosks for curbside pickup or scheduled preorders that help cut down on waiting times.
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August 22, 2025
Green Groups Lodge 5th Circ. Challenge Over La. LNG Permits
Environmentalists have asked the Fifth Circuit to cancel air permits issued by Louisiana environmental regulators for a liquefied natural gas export terminal, saying the permits were unlawfully issued and will increase pollution for nearby communities.
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August 22, 2025
Stoli Offers Revised Ch. 11 Plan With Lender Backstop
Vodka maker Stoli Group USA on Friday told a Texas bankruptcy judge it has modified its plan to partially pay off its secured debt with liquor by giving the lender a partial real estate backstop, but that it still hopes to pay off much of the loan with barrels of unfinished bourbon.
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August 22, 2025
Jay-Z Aims To Keep Buzbee Suit Alive After Losing Other Case
Texas attorney Tony Buzbee's request to shut down a federal lawsuit in Alabama based on a state trial court's dismissal of a different action in California related to sexual abuse allegations connected to Sean "Diddy" Combs is a "desperate attempt to evade accountability," rapper Shawn "Jay-Z" Carter has argued.
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August 22, 2025
Taxation With Representation: Kirkland, Weil, Fried Frank
In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.
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August 22, 2025
DOJ Expands Expedited Docket For Families Facing Removal
The Executive Office for Immigration Review is expanding a program the Biden administration rolled out in 2021 to fast-track removal proceedings for families facing removal, directing immigration courts nationwide to place more cases on the so-called dedicated docket.
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August 22, 2025
Real Estate Recap: 401(k) Boost, Eyes On Florida
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into what President Donald Trump's executive order on retirement fund investing means for real estate assets, as well as the biggest issues Florida real estate practitioners are watching in the second half of 2025.
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August 21, 2025
Kanner & Pintaluga Seeks Sanctions Over Accident Data Suit
Kanner & Pintaluga PA asked a Texas federal court to sanction a Houston couple and their counsel in a proposed class action accusing the firm and since-dismissed Progressive Casualty Insurance Co. of conspiring to share auto crash victims' private information, saying the claims are based on unverified and inadmissible hearsay.
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August 21, 2025
Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash
The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.