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January 26, 2026
IP Notebook: Nutcracker Suit, Copyright Termination, Playboy
This edition of Law360's overview of emerging copyright and trademark trends delves into a Fifth Circuit decision that tests the territorial boundaries of copyright law, and a dispute over "stream-ripping" on YouTube that has artificial intelligence companies weighing in.
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January 26, 2026
Texas Jury Returns $46 Million Verdict Against Stone Supplier
A Texas jury slapped a stone supplier with a $46 million verdict, finding that a truck driver who ran over and killed a man in DeWitt County in 2019 was driving on behalf of the company at the time of the accident.
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January 26, 2026
Minnesota Appeals Court Won't Toss Climate Change Suit
A Minnesota appeals court on Monday affirmed a lower court's decision not to toss the state's lawsuit alleging that Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels.
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January 26, 2026
Texas Wind Farm Owner Hits Ch. 11 With $108M In Debt
A wind farm owner in North Texas has filed for Chapter 11 protection with $108 million in debt, saying a winter storm in 2021 put it on a path to conflict with a partner in a defunct hedging agreement, with the partner eventually installing leaders to restructure the debtor.
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January 26, 2026
Disarming Cannabis Users Is Unconstitutional, Justices Told
A Texas man charged with illegally possessing a gun as a regular cannabis user told the U.S. Supreme Court that the government had no more right to disarm him than it had to restrict the gun use of people who drank on the weekends.
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January 26, 2026
USA Rare Earth Secures $3.1B Of Federal And Private Funding
Mining company USA Rare Earth Inc. on Monday announced that it is set to receive $3.1 billion of new funding through collaborations with the U.S. government and a private investment in public equity funding commitment, in deals shaped by three law firms.
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January 26, 2026
Texas Law Firm-Linked Plane Crashes In Maine With Fatalities
A private plane connected to Texas-based litigation firm Arnold & Itkin LLP overturned and caught fire Sunday night as it attempted to take off from a Maine airport, killing at least six people on board, according to authorities and public records.
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January 26, 2026
Orrick Adds Skadden Energy M&A Pro In Houston
Orrick Herrington & Sutcliffe LLP announced Monday that it has brought on a partner in Houston from Skadden Arps Slate Meagher & Flom LLP who brings particular expertise advising clients across the energy industry.
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January 23, 2026
Real Estate Recap: HUD, Corporate Landlords, Atty Errors
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the U.S. Department of Housing and Urban Development may be shifting focus, what President Donald Trump's executive order on investment in single-family homes means for Wall Street, and a look at some of the mistakes made by real estate attorneys.
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January 23, 2026
Conservative Org. Contests SEC's Delay Bid In Data Tool Case
The conservative think tank leading the case against the U.S. Securities and Exchange Commission's market oversight tool known as the consolidated audit trail has asked a Texas federal judge not to delay legal proceedings any further while the agency works to change the tool.
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January 23, 2026
PTAB Axes Patent Accounting For $92.6M Of Samsung Verdict
The Patent Trial and Appeal Board has found that Samsung was able to show that a pair of Pictiva OLED patents are invalid, including one patent that accounted for $92.6 million of an infringement verdict against the South Korean electronics giant.
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January 23, 2026
Lawmakers Float Bill To Track Content Used In Training AI
A bill introduced in the U.S. House of Representatives would give musicians, artists, writers and copyright holders the ability to determine if their works were used to train artificial intelligence without their permission.
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January 23, 2026
Fed. Circ. Finds Tire Pressure Patent Invalid In $6.6M Case
The Federal Circuit on Friday ruled that a patent covering tire pressure monitoring was invalid for obviousness, overturning a jury verdict putting Autel Intelligent Technology Corp. Ltd. on the hook for $6.6 million that was overruled by a Texas federal judge for different reasons.
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January 23, 2026
FCC Considers Revoking Texas Radio Station Licenses
The Federal Communications Commission has designated for hearing a proposed transfer of control involving three Texas radio stations, citing substantial questions about unauthorized foreign control, misrepresentations, and lack of candor that could ultimately lead to license revocation.
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January 23, 2026
Dechert Lands 20-Partner Group From McDermott
Dechert LLP announced Friday it is bringing aboard 20 partners from McDermott Will & Schulte spanning litigation, intellectual property and other practice areas in six cities across the country, including for upcoming firm offices in Chicago and Dallas.
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January 23, 2026
X Can't Access OpenAI Source Code In Antitrust Suit
A Texas federal court will not force OpenAI Inc. to hand over its source code in an antitrust case from Elon Musk's X Corp. over the artificial intelligence company's deal to integrate ChatGPT on Apple devices.
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January 23, 2026
Saks Gets OK To Start Liquidating Online Unit's Inventory
A Texas bankruptcy judge gave one of Saks' online affiliates permission to get the ball rolling on an inventory liquidation after the retailer said a quick sale is needed to meet its lenders' terms for allowing it to use cash collateral.
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January 23, 2026
Anthology Gets OK For Reorg Plan After Creditor Deal
Education technology group Anthology got approval Friday for a revised Chapter 11 reorganization plan that includes a deal with unsecured creditors partially paid for by the settlement of a prepetition suit against a lender.
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January 23, 2026
Live Nation Antitrust Judge Wants To 'Punt' On State Claims
A federal judge in Manhattan asked Friday whether federal and state authorities accusing Live Nation of stifling competition in live entertainment would consent to staying the state law claims and focus on federal claims in an upcoming trial so it won't end up "lasting five years."
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January 22, 2026
Panel Pushes Ex-Texans CEO's Son On Probate Jurisdiction
A Texas appeals court on Thursday pushed the son of deceased billionaire and Houston Texans founder Robert McNair to explain why a probate court has no jurisdiction over claims that he surreptitiously placed poison pill agreements into the companies he ran.
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January 22, 2026
Full 5th Circ. Weighs Order Blocking Texas Migrant Arrest Law
The full Fifth Circuit pushed multiple immigrants' rights organizations to explain why a Texas law allowing the state to arrest unauthorized immigrants could not stand, asking Thursday where it says in the U.S. Constitution immigrants have a right to file for asylum.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
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January 22, 2026
5th Circ. Appears Divided On President's Alien Enemies Power
The full Fifth Circuit appeared divided Thursday on whether President Donald Trump can label any threat an "invasion" or "predatory incursion" under the 1798 Alien Enemies Act, with judges split between giving the president broad deference and those doubtful the courts have only a limited role.
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January 22, 2026
Littler Names New Board Of Directors Chair, Adds 3 Members
Littler Mendelson PC has elected New York shareholder William J. Anthony to serve as chair of its 19-member 2026 Board of Directors and named three new board members.
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January 22, 2026
Duane Morris Taps Litigator To Lead Dallas, Fort Worth Shops
Duane Morris LLP has appointed a litigation partner to helm its Texas offices in Dallas and Fort Worth as the first managing partner of those locations transitions to an of counsel role.
Expert Analysis
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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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.