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August 05, 2025
Ex-Supreme Court Clerk, AG Counselor Joins Haynes Boone
Haynes Boone announced Tuesday that it has added a partner who has clerked for two U.S. Supreme Court justices and served as counselor to the U.S. attorney general.
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August 04, 2025
NBC Defeats Nunes Defamation Suit Over Maddow Show
A New York federal judge has ended former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent.
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August 04, 2025
5th Circ. Says Appeal Over Mexican Bank Discovery Looks Moot
The Fifth Circuit pushed a Mexican businessman to explain how his appeal was not moot after a special master was appointed to review documents relating to an alleged fraud against Mexican financial institutions, saying Monday the businessman has seemingly already gotten the relief he sought.
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August 04, 2025
Ukraine Oil Co. Says Disclosure Order In $150M Suit Must End
Ukraine's largest oil company has urged a Texas federal court to lift its ongoing disclosure obligations now that a motion for turnover by a U.S.-based subsidiary of Kuwait Energy has been denied as the subsidiary looks to enforce a $150 million arbitral award.
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August 04, 2025
5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap
A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.
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August 04, 2025
UT Austin Denies Threatening Prof Who Criticized Leaders
The University of Texas at Austin denied threatening a professor who publicly criticized its leadership, telling the Fifth Circuit that its employee has remained on staff three years after his speech was allegedly chilled and "refuses to take 'yes' for an answer."
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August 04, 2025
DOJ Investigates FlixBus, Greyhound Over ADA Complaints
Greyhound and Flixbus are being investigated by the U.S. Department of Justice over allegations that they are discriminating against riders with disabilities by denying them reasonable accommodations, including failing to properly maintain lifts on buses, not helping riders use the lifts and refusing to allow service animals to be with riders.
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August 04, 2025
Trial Called Off After Judge Partly Clears Apple In Fintiv Row
Western District of Texas Judge Alan Albright called off a trial scheduled for Monday in Fintiv Inc.'s long-running mobile wallet patent case against Apple Inc., after he cleared Apple of infringing some claims and Fintiv opted to appeal rather than putting the remaining claims before a jury.
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August 04, 2025
Chamber Wants FTC's Merger Notice Overhaul Nixed
The U.S. Chamber of Commerce has urged a Texas federal judge to upend a dramatic overhaul of merger filing requirements that it argued exceeded Federal Trade Commission authority, was made without a proper cost-benefit analysis and amounts to a solution in search of a problem.
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August 04, 2025
Oil Co., Tokio Marine Unit Settle $24M Bond Dispute
A Tokio Marine unit, an oil and gas company and a property owner have settled a $24 million dispute over outstanding reclamation bonds guaranteeing the proper environmental remediation of oil and gas properties, according to an order dismissing the case filed in Texas federal court.
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August 04, 2025
Holland & Knight Adds King & Spalding Health Pro In Houston
Holland & Knight LLP announced Monday that it has made a valuable addition to its healthcare team with a partner in Houston who came aboard after 17 years with King & Spalding LLP.
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August 04, 2025
Texas Bill Seeks Lower Voter-Approval Property Tax Rate
Texas would reduce its voter-approval property tax rate, or the rate that a local government unit may adopt without voter approval, for large taxing units under a bill introduced in the state Senate.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
IP Owners Largely Win In Stewart's Newest Discretion Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.
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August 01, 2025
Real Estate Recap: Succession Planning, 'Build, Baby, Build'
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.
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August 01, 2025
DC Circ. Upholds FERC's Limited Review Of Texas Pipeline
The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.
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August 01, 2025
Highland Capital Asks Supreme Court To Clarify Ch. 11 Shields
Hedge fund Highland Capital Management has urged the U.S. Supreme Court to allow it to safeguard some of the key parties in its Chapter 11 bankruptcy from liability and review a Fifth Circuit decision that narrowed the bankruptcy court's "gatekeeping" powers to determine who can be sued.
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August 01, 2025
Texas Judge Says States Can Pursue BlackRock Coal Suit
A Texas federal judge Friday gave Texas and other states the go-ahead to pursue claims that BlackRock Inc. and other asset managers used market muscle to decrease coal production, saying the states plausibly showed that the asset managers breached antitrust laws.
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August 01, 2025
Lamborghini Says Trade Secrets Case Best Heard In Italy
Lamborghini has told a Texas federal court that a case brought by an Italian auto racing engineering firm alleging the sports carmaker stole steering wheel trade secrets is best left to Italian courts and is part of a long-running business dispute in that country.
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August 01, 2025
Fed. Circ. Won't Move Fintiv, Apple Trial Date
The Federal Circuit on Friday denied Fintiv Inc.'s request to delay its Monday trial against Apple over a patent for storing virtual credit cards on mobile devices for contactless payments.
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August 01, 2025
2 SPAC Deals Will Take Uranium Miner, Italian E-Grocer Public
Two newly unveiled mergers involving special purpose acquisition companies will aim to take a nuclear energy company and an Italian e-grocery operation public on U.S. exchanges at a combined value of nearly $500 million.
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August 01, 2025
Texas Bill Seeks Permanent Limit For Property Tax Increases
Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.
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August 01, 2025
Fed. Circ. Backs PTAB Ax Of Claims In Network Speed Patents
The Federal Circuit on Friday affirmed a handful of Patent Trial and Appeal Board decisions that found claims across four patents on increasing network communication speed owned by Israeli tech company Bright Data were invalid.
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August 01, 2025
Fiber Internet Co. Everstream Cleared For $385M Ch. 11 Sale
A Texas bankruptcy judge signed off Friday on the going-concern sale of fiber network provider Everstream, which plans to use proceeds from the $384.6 million sale of its business to exit Chapter 11.
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July 31, 2025
3 DOJ Attys Face Bar Complaints Over CFPB Representation
A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.
Expert Analysis
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.