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Texas
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May 03, 2024
5th Circ. Stands By Keeping CFPB Late Fee Case In Texas
A Fifth Circuit panel will not reconsider its decision rejecting the cross-country transfer of a bank industry-backed challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, denying the agency's bid to move the case back to Washington, D.C., from Texas.
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May 03, 2024
Gilstrap Scraps $6.6M Tire Pressure IP Verdict Against Autel
A federal judge in Texas has granted Autel's post-trial motion for judgment as a matter of law that it does not infringe an Orange Electronic Co. Ltd. tire pressure monitoring patent, wiping out a $6.6 million jury verdict from June.
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May 03, 2024
Gannett Can't Dodge Tax Firm's Defamation Case
Gannett Co. can't escape a defamation case accusing it of writing misleading articles saying Ryan LLC, a tax services and technology firm, engaged in shady business practices, a Texas appeals court ruled, finding the media giant isn't shielded from the claims by the Lone Star State's anti-SLAPP law.
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May 03, 2024
DOJ Seeks Info Sharing With Texas In Google Ad Tech Case
The U.S. Department of Justice objected on Friday to a Virginia magistrate judge's refusal to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas, contending the information sharing is needed to maintain a level playing field.
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May 03, 2024
Chamber Blasts FTC Bid For Member IDs In Noncompete Suit
The U.S. Chamber of Commerce is defending its ability to represent anonymous members in its Texas federal suit challenging the Federal Trade Commission's pending noncompete ban, arguing that the FTC's attempt to block that representation is "radical and unprecedented."
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May 03, 2024
Law Firm Pans Photographer's IP Suit Over Website Image
The Schmidt Firm asked a Texas federal judge Friday to ax a professional photographer's allegations the Dallas-based firm illegally posted his copyrighted image of convicted sexual abuser and ex-Columbia University obstetrician-gynecologist Robert Hadden on its website without permission.
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May 03, 2024
Texas Rep. Cuellar Charged With Taking Bribes
U.S. Rep. Henry Cuellar and his wife have been indicted on federal charges they accepted bribes from entities in Azerbaijan and Mexico in exchange for political favors, prosecutors said Friday.
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May 02, 2024
Digital Rights Nonprofit's Bid To Unseal IP Docs Is Too Late
Electronic Frontier Foundation cannot unseal filings in a chipmaker's patent suit against Charter Communications Inc., a Texas federal judge ruled Thursday, saying the digital rights nonprofit's bid to intervene in the case came too late.
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May 02, 2024
Boeing Supplier Sues Texas AG To Block Safety Investigation
The subsidiary of a company that produces fuselages for Boeing's 737 jets sued on Wednesday to block the Texas attorney general's investigation into apparent manufacturing issues that have caused recent midair emergencies, saying the probe is unconstitutional and violates the company's right to be free from unreasonable searches.
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May 02, 2024
Walgreens Fights $1B Arb. Award Over COVID Test Contract
At-home lab test maker Everly Health urged a Delaware federal judge to affirm its nearly $1 billion arbitration award against Walgreens over claims the pharmacy chain deliberately misused the digital health platform's trademark while secretly diverting COVID-19 tests to its own pharmacists while Walgreens argued the arbitrator overstepped his authority in bestowing such an "egregious" award.
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May 02, 2024
Huawei Can't Get VoIP-Pal Patents Axed Under Alice
A Northern District of Texas judge has shot down Huawei's motion that two VoIP-Pal.com patents on initiating mobile phone calls are invalid under the Alice standard for claiming only abstract ideas.
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May 02, 2024
Patent Board Rulings Send $3.3M Judgment Up In Flames
The Federal Circuit on Thursday affirmed Patent Trial and Appeal Board decisions invalidating three networking patents that NetScout had been found to infringe, and then held that the holding wipes out a $3.3 million judgment against the company, because it was not yet final.
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May 02, 2024
Biden Admin Must Reopen Gun Show Loophole, Texas Says
Texas and several other Republican-led states sued the Biden administration to reopen the so-called gun show loophole, asking the courts to stop the ATF from enforcing a new rule that makes many more firearm sellers register federally and perform background checks when selling a gun.
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May 02, 2024
Chancery Ruling Plays Role In Tesla's S&P Governance Grade
Business rating agency Standard & Poor's has revised downward to "moderately negative" electric vehicle company Tesla Inc.'s grade for management and governance, pointing in part to CEO Elon Musk's dominant role, and the company's "uncommonly high" risk from lawsuits, including the Delaware Chancery Court's recent scuttling of his $56 billion pay plan.
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May 02, 2024
5th Circ. Pauses NLRB Suit Against SpaceX Amid New Appeal
A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.
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May 02, 2024
Activist Files New Proxy Fight In REIT Takeover Attempt
Activist investor Blackwells Capital LLC continued its campaign against hospitality executive Monty J. Bennett by separately urging shareholders of Braemar Hotels & Resorts Inc. and an advisory firm that Bennett controls to approve a board shake-up during upcoming annual meetings.
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May 02, 2024
NYC Wants To Bill For 'Weaponized Transport' Of Migrants
A lawyer for New York City told a state court judge Thursday that Texas bus companies should cover the costs of caring for migrants transported there amid litigation over Gov. Greg Abbott's "budget-breaking scheme" to influence immigration policy.
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May 02, 2024
Texas Tax Preparers Cop To $3.7M Tax Fraud Scheme
The owner of a Texas tax preparation company and her two sisters who worked as employees all pled guilty Thursday to preparing nearly $3.7 million worth of false returns riddled with fraudulent credits, according to the U.S. Department of Justice.
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May 02, 2024
DOL Hit With First Lawsuit Over New Investment Advice Regs
The U.S. Department of Labor was hit with a lawsuit Thursday in Texas federal court seeking to invalidate recently finalized regulations that broaden who qualifies as a fiduciary under the Employee Retirement Income Security Act, marking the first-filed legal challenge since the agency's late-April final release.
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May 02, 2024
Gilstrap Ships Altice IP Row To NY After $339M Google Verdict
A Texas federal judge has granted a bid from cable company Altice to transfer a case accusing it of infringing a Touchstream patent on mobile app streaming to New York federal court.
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May 02, 2024
Broadcast Cos. Demand Oversight Of Sports TV Joint Venture
Broadcasters and competition advocates on Thursday pressed lawmakers to hold hearings on the pay-television industry, warning that a planned sports streaming venture between Disney, Fox and Warner Bros. Discovery threatens to "dominate" the market.
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May 02, 2024
Rules Against Judge Shopping Move Forward At Fed Agency
Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.
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May 02, 2024
Lloyd's Unit Gets Oil Well Repair Co.'s $4.5M Claim Tossed
A Texas federal court tossed an oil well repair company's claim seeking over $4.5 million in additional insured coverage for costs incurred from controlling a blown-out well, finding that the company doesn't have standing to bring an independent claim against the well owner's carrier.
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 02, 2024
5th Circ. Asks If Facts Matter In Construction Defect Row
A Fifth Circuit panel weighed the importance of facts versus the law in a dispute over whether an insurer must indemnify a construction company for a $1.3 million arbitration award for construction defects in a Texas farming cooperative's grain silos.
Expert Analysis
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Exxon ESG Proxy Statement Suit May Chill Investor Proposals
Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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3 Administrative Law Lessons From 5th Circ. Appliance Ruling
Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.
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What To Know About WDTX Standing Order For Patent Cases
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
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Opinion
3rd-Party Financiers Have Power To Drive Mass Tort Cases
The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.