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February 27, 2026
5th Circ. Strikes Down FCC's Written Consent Robocall Rule
Telemarketers don't need written consent to pelt people with prerecorded calls, according to the Fifth Circuit, which has swept away more than a decade of Federal Communications Commission precedent with a ruling that finds verbal prior consent to be enough.
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February 27, 2026
Real Estate Recap: Tariff Twist, EB-5 Chatter, Clean Air Clarity
EDITING -- Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate attorney reactions to the U.S. Supreme Court striking down certain tariffs, the EB-5 scene deadlines loom and one BigLaw leader's insights into the potential overhaul of a key regulatory definition under the Clean Air Act.
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February 27, 2026
Trump Admin Says 9th Circ. Can't Revive Energy Orders Suit
The Trump administration has urged the Ninth Circuit to uphold the dismissal of a lawsuit by youths challenging President Donald Trump's energy-related emergency orders, saying the courts can't be used to micromanage U.S. energy policy.
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February 27, 2026
Judge Says 5th Circ. Ruling Doesn't Bar Noncitizen's Release
A Texas federal judge has ordered the release of a detained noncitizen after finding her constitutional rights to due process were violated, saying a recent Fifth Circuit decision allowing the detention of certain noncitizens without a bond hearing has limits.
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February 27, 2026
SEC Moves To Toss Suit Over 'Accredited Investor' Rule
The U.S. Securities and Exchange Commission is fighting a lawsuit challenging income limits that prohibit those making less than $200,000 a year from investing in the private markets, telling a Texas federal court that lifting income requirements could actually make it more difficult for businesses to find investors.
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February 27, 2026
Feds Use Another Samsung Case To Encourage Injunctions
Federal courts should not overly limit the ability of patent owners to get injunctions against infringers, Justice Department and federal patent officials have told a Texas federal court overseeing a case where Samsung was put on the hook for $445.5 million after a patent trial.
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February 27, 2026
Fed. Circ. Rejects Tesla's PTAB Challenge, Leaving Just 1
The Federal Circuit on Friday rejected Tesla Inc.'s mandamus petition challenging how the U.S. Patent and Trademark Office's leadership is discretionarily denying Patent Trial and Appeal Board decisions.
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February 27, 2026
Santander Sued In Pa. Over Alleged 'Pay-To-Pay' Loan Fees
Santander Consumer USA Inc. has been sued for charging and collecting allegedly illegal "pay-to-pay" fees from Pennsylvania residents who financed a car through the Texas-based auto-lending business.
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February 27, 2026
Haribo Beats Fired Black Exec's Bias, Retaliation Suit At Trial
A Texas federal jury sided with Haribo in a bias suit filed by a Black former executive who said the candy company unlawfully fired her and accused her of stealing a company car after she complained she'd been treated worse than white male colleagues.
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February 27, 2026
Texas Justices Have No Home For Zillow's Defamation Row
The Texas Supreme Court on Friday passed on Zillow Inc.'s bid to dismiss a business defamation suit alleging the online real estate marketplace company mistakenly listed a luxury $14 million home as having entered foreclosure.
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February 27, 2026
Fed. Circ. Cements Apple Loss In PTAB Patent Challenge
A split Federal Circuit on Friday rejected Apple's attempt to revive its challenge to some of the claims in a Smart Mobile wireless patent it was unable to kill at the Patent Trial and Appeal Board.
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February 27, 2026
Latham, Sidley Advise Healthpeak Senior Housing Spinoff IPO
Following a carveout by parent Healthpeak Properties this year, Janus Living, a senior housing-focused real estate investment trust, filed with regulators Friday for an initial public offering advised by Latham & Watkins LLP and Sidley Austin LLP.
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February 27, 2026
Katten Pushes For Atty Immunity To Non-Clients' Suit In Texas
Katten Muchin Rosenman LLP is asking the Texas Supreme Court to shut down a state court lawsuit brought by co-defendants of a client they successfully represented in a federal criminal investigation over alleged healthcare fraud, saying lower courts that refused to dismiss are seeking to limit the state's "hundred-year-old doctrine" of attorney immunity.
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February 27, 2026
Tricolor Noteholders Say Big Banks Ignored Auto Loan Fraud
Securitized auto loan investors are suing JPMorgan, Barclays and Fifth Third in New York federal court, alleging the banks ignored glaring red flags and helped conceal a sprawling subprime auto loan fraud by Tricolor Holdings that collapsed in bankruptcy last year.
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February 27, 2026
Issues For High Court Include Drug User Gun Possession
The U.S. Supreme Court will close out its February oral argument session by hearing its newest Second Amendment case over a federal law that prohibits drug users from possessing firearms, as well as a dispute over whether motor carrier brokers can be held liable for truck crashes under state law.
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February 26, 2026
X Corp. Beats OnlyFans Creator's Revenge Porn Suit
A Texas federal judge has tossed an OnlyFans creator's proposed class action that sought to hold X Corp. liable under a revenge porn statute after someone shared his photos on the social media platform, saying the creator's images had not been "produced" by fraud or misrepresentation as required for damages.
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February 26, 2026
Panel Wary Of San Antonio Dodging Gambling Seizure Suit
A Texas appellate panel seemed skeptical of a bid by the city of San Antonio to ax a claim that the municipality wrongfully seized machines allegedly used for gambling and related equipment, saying Thursday the former owner of the machines simply has to raise a fact issue to go forward with the suit.
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February 26, 2026
Texas AG, Samsung Ink Deal To End TV Data Collection Suit
Samsung agreed to strengthen its data privacy disclosures in order to resolve a lawsuit being pressed by the Texas attorney general, who accused the company of "secretly" monitoring what smart TV consumers watch and unlawfully collecting their data without permission, the parties revealed Thursday.
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February 26, 2026
Atty Owns 'Sloppy' Incorrect Citations Before Texas Justices
A Houston attorney told a Texas appellate panel Thursday that incorrect case citations in his brief were "sloppy" and "embarrassing," taking responsibility for errors that included nonexistent cases and inaccurate quotations.
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February 26, 2026
Buddy Mac Wins Court Approval To Sell Co-Owned Properties
A Texas bankruptcy judge on Thursday ruled that rent-to-own retailer Buddy Mac Holdings LLC can sell several co-owned properties, over the objection of co-owners who argued they had not been given proper notice.
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February 26, 2026
Antitrust Claims Over Oil Tubing Patents Saved By Fed. Circ.
The Federal Circuit on Thursday undid a Texas federal judge's conclusion that a company intended to defraud the U.S. Patent and Trademark Office when it got a patent on coiled tubing, but also revived claims accusing it of using fraudulently obtained patents to get a monopoly.
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February 26, 2026
Fifth Third Bank Pursues $80M From Texas Developer
Fifth Third Bank has sued a San Antonio real estate developer in Texas federal court for more than $80 million, seeking to invoke guaranties on two troubled construction loans after the borrowing entities defaulted and filed for bankruptcy.
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February 26, 2026
Justices Told 'Skinny Label' Case Puts Generic Drugs At Risk
The U.S. government, one named sponsor of the Hatch-Waxman Act, a generic-drug industry group and more have warned the U.S. Supreme Court that a decision that allowed a patent case involving a so-called skinny label to proceed threatens the availability of low-cost generic drugs.
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February 26, 2026
Co. Says $1.3B Gov't Fire Retardant Deal Props Up Monopoly
A Texas-based fire retardant company is accusing the U.S. Forest Service of inking an anticompetitive contract with a competitor valued at more than $1.3 billion, telling the Federal Claims Court this week that the contract creates a "perpetual monopoly" at taxpayers' expense.
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February 26, 2026
Judge Backs $19M Default Judgment In Amazon's Piracy Suit
A Texas federal judge has recommended a copyright default judgment of nearly $19 million against a man whom Amazon and other major studios accuse of running an illicit streaming operation that began with the sale of "jailbroken" Fire TV sticks to stream content for free.
Expert Analysis
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Opinion
AI-Assisted Arbitration Needs Safeguards To Ensure Fairness
As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.
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What's Next After NLRB Dismissal Of SpaceX Suit
Though the National Labor Relations Board’s recent decision to dismiss its long-running unfair labor practice complaint against SpaceX on jurisdictional grounds temporarily resolves a circuit split over injunctions, constitutional and employee-classification questions remain, say attorneys at Proskauer.
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Series
Playing Piano Makes Me A Better Lawyer
Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.
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How New Texas Law Streamlines Eviction Proceedings
A recent legislative change to the Texas Property Code overhauls the state's eviction process and makes it more difficult for nonpaying tenants to challenge evictions, likely yielding a faster and cheaper procedure that will encourage timely rent payment and lease compliance, says Maddison Craig at Munsch Hardt.
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How States Are Using Antitrust Principles In Climate Litigation
While recent climate-related cases brought by state attorneys general in Michigan, Nebraska and Texas take different ideological positions, they are united by their embrace of classical antitrust principles and the traditional consumer welfare standard — but these cases deploy this framework in new ways, says Gwendolyn Lindsay Cooley at Lindsay Cooley Law.
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AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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Emerging Themes In Post-Groff Accommodation Decisions
Nearly three years after the U.S. Supreme Court's seminal decision in Groff v. DeJoy reshaped the legal framework for religious accommodations, lower court decisions and agency guidance have begun to reveal how this heightened standard operates in practice, and the pitfalls for unwary employers, says Helen Jay at Phelps Dunbar.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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Series
Trivia Competition Makes Me A Better Lawyer
Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.
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Coinbase Ruling Outlines Litigation Committee Conflict Risks
The Delaware Court of Chancery's recent rejection in Grabski v. Andreessen of a special litigation committee's motion to terminate or settle — its first such decision in over a decade — over conflict concerns highlights why the independence of SLC counsel matters just as much as that of committee members, says Joel Fleming at Equity Litigation Group.
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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CFIUS Initiative May Smooth Way For Some Foreign Investors
A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.
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How AI Data Centers Are Elevating Development Risk In 2026
As thousands of artificial intelligence data center constructions continue to pop up across the U.S., such projects must be treated not as simple real estate developments, but as infrastructure programs where power, supply chains and technology integration all drive both schedule and risk, say attorneys at Cozen O’Connor.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.