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May 10, 2024
Texas Judge Sanctions Atty The Cost Of Plane Ticket To DFW
A Texas federal judge sanctioned an attorney in the amount of the approximate cost of a last-minute flight from Los Angeles to Dallas-Fort Worth, saying in a show cause hearing Friday that he doesn't "know how you do things in LA" after the attorney didn't show up following a court order.
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May 10, 2024
VoIP-Pal.com Inc. Drops Patent Suit Against Huawei
Patent litigation business VoIP-Pal.com Inc. has agreed to drop its case against Huawei Technologies Co. Ltd., a week after lawyers for the Chinese telecom giant failed to get patents asserted in the case invalidated on eligibility grounds in a Texas federal court.
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May 10, 2024
Real Estate Authority: Norfolk Southern, Big 4 Earnings, HUD
Catch up on this week's key real estate developments by state from Law360 Real Estate Authority — including reflections from co-lead plaintiffs counsel in the Norfolk Southern derailment case, Q1 results from the big four brokers, and a synopsis of billions in new grants from the U.S. Department of Housing and Urban Development.
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May 10, 2024
Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says
The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.
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May 10, 2024
Chamber OK'd To Intervene Against FTC Noncompete Rule
A Texas federal judge gave the U.S. Chamber of Commerce the go-ahead to intervene in Ryan LLC's first-to-file challenge of the Federal Trade Commission's ban on employee contract noncompete agreements, putting the trade group back in the fight after its own lawsuit was paused.
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May 10, 2024
Texas Couple Must Sell $2.3M In Assets To Satisfy Tax Claim
A disbarred accountant and his wife must sell $2.27 million worth of their assets to satisfy her unpaid federal tax liabilities, a Texas federal judge ruled, handing an early win to the government.
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May 10, 2024
CFPB's Credit Card Late Fee Rule Halted By Texas Judge
A Texas federal judge on Friday stayed the Consumer Financial Protection Bureau's $8 credit card late fee standard, granting a preliminary injunction sought by the U.S. Chamber of Commerce and other industry groups that are challenging the legality of the agency rule.
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May 10, 2024
FCC Removes Two Providers From Broadband Program
The Federal Communications Commission ordered the removal of Texas-based internet service provider Tone Communication Services LLC and Georgia-based provider City Communications Inc. from the Affordable Connectivity Program.
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May 10, 2024
Texas Justices Limit Damages In Unwanted Pregnancy Case
The Texas Supreme Court said Friday that a woman who sued her doctor for failing to perform a sterilization procedure can't collect damages for emotional and physical pain in connection with her wrongful pregnancy claim, holding that the birth of a healthy child isn't a compensable injury but "a life with inherent dignity and profound, immeasurable value."
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May 10, 2024
Atty's Remarks On Race And Gender Sink $12M Texas Verdict
The Supreme Court of Texas on Friday threw out a $12.45 million jury verdict awarded to a couple who were rear-ended on a highway, citing the plaintiffs' counsel's "inflammatory" and "unprovoked" accusation that the defendants wanted a lower award because one of the plaintiffs is a Black woman.
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May 10, 2024
Dem Lawmakers Call For 5th Circ. Judge To Exit CFPB Case
Six Democratic lawmakers sent a letter admonishing the Judicial Conference, saying Friday it was "undermining the integrity of the judiciary" by allowing a Fifth Circuit judge to participate in a matter in which he has a significant conflict of interest.
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May 10, 2024
5th Circ. Upholds SEC Proxy Rule On ESG Disclosures
The Fifth Circuit on Friday threw out a legal challenge to a U.S. Securities and Exchange Commission requirement that will make it easier for investors to identify ESG issues on corporate ballots, saying that suing states like Texas haven't proven that they'll be financially harmed by the measure.
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May 10, 2024
Toymaker KidKraft Files Ch. 11 With Plan To Sell Assets
Dallas toy company KidKraft Inc. filed for Chapter 11 protection in a Texas bankruptcy court Friday with more than $100 million in debt, blaming economic headwinds and saying it has a prepackaged sale plan.
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May 10, 2024
Atty Ready For Astroworld Wrongful Death Trial 'Tomorrow'
An attorney for the family of the youngest victim of the 2021 Astroworld tragedy said he's ready to try his case "tomorrow," a day after lawyers for the nine other victims' families confirmed that their wrongful death cases had settled.
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May 09, 2024
'Love Is Blind' Producer Can't Evade Imprisonment Suit
A Texas appellate court found Thursday that the producers of the Netflix reality show "Love is Blind" can't fully escape an assault and negligence suit brought by a Season 5 contestant, saying the contestant could keep her claims of imprisonment and negligence in the Lone Star State.
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May 09, 2024
Hedge Fund Manager Says Partner Cut Him Out Of Company
A hedge fund manager accused his business partner in Texas state court of wrongfully cutting him out of a Dallas-based wealth management company, saying the partner tried to strong-arm him into transferring his ownership interest.
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May 09, 2024
Houston Firm Can't Escape Litigation Funder's $2M Loan Suit
A Houston-based law firm doesn't have to turn over financial documents to a litigation funder that has alleged the firm failed to pay back a more than $2 million debt, but it does have to continue litigating the underlying matter, a state appeals court ruled Thursday.
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May 09, 2024
At-Large Suspect Charged With Murder Of Lewis Brisbois Atty
The Houston Police Department announced Thursday that it has charged a man in connection with the shooting death of Lewis Brisbois Bisgaard & Smith LLP attorney Jeffrey Limmer, although the suspect remains at large.
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May 09, 2024
Bally Sports Parent Seeks OK For Renewed DirecTV Deal
The parent company of sports network operator Bally Sports has asked a Texas bankruptcy judge to approve renewed multiyear contracts with DirecTV, saying the revenue from the deal is a "critical component" of its post-Chapter 11 business plan.
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May 09, 2024
AT&T Appeals $57M Fine For Selling Customer Location Data
AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."
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May 09, 2024
TPG Lands Nearly $8B Across 3 Asia-Focused Funds
Private equity giant TPG, advised by Cleary Gottlieb Steen & Hamilton LLP and Fried Frank Harris Shriver & Jacobson LLP, has closed three Asia-focused funds after securing a combined total of nearly $8 billion from investors.
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May 09, 2024
Red States, Electric Co-Ops Challenge EPA Power Plant Rules
Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.
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May 09, 2024
Texas Judge Slashes Nike Atty Fee Request In Trademark Suit
A Texas federal judge was not convinced Nike's attorneys and staff spent more than 750 hours to defend a trademark infringement suit brought by a digital creator, awarding them $25,000 instead of the $570,000 in attorney fees the company requested.
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May 09, 2024
Texas Court Urged To Keep Alive Judge Romance Suit
In a flurry of filings, a former shareholder in an engineering company has pushed a Texas federal court to reject bids to throw out his lawsuit over an ex-bankruptcy judge's secret relationship with a former Jackson Walker LLP attorney.
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May 09, 2024
Norton Rose Adds To Int'l Arbitration Bench In Houston, DC
Norton Rose Fulbright is one of numerous firms bolstering their international arbitration teams, welcoming three attorneys in Houston and Washington, D.C., from Vinson & Elkins LLP, Sidley Austin LLP and Baker McKenzie LLP.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What ESG Investing Ruling Means For Fiduciaries
A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.
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Louisiana's Toxic Tort Barrier May Be Weakening
Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.
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How To Navigate The FTC's New Private Equity Frontier
The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How 2 Cases Could Undermine The Anti-ESG Movement
A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.
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5th Circ. Ruling Shows Need For Proffer Terms Negotiation
The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work
While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.
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FTC's Health Co. Suit Indicates Agency's Private Equity Focus
The Federal Trade Commission's latest lawsuit against an anesthesia company and its private equity investor highlights the agency's willingness to regulate the health care industry even when relevant acquisitions are relatively dated or when the controlling entity's economic interest is under 50%, say attorneys at Simpson Thacher.
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Cases Linking Baby Food, Autism Pose Causation Challenges
Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.