Texas

  • January 24, 2025

    Real Estate Recap: Hughes Fire, EOs, Practices Of The Year

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including more law firm displacement due to the newly ignited Hughes Fire in Los Angeles County, real estate sector speculation following a storm of executive orders, and two of Law360's picks for real estate and construction practice groups of the year.

  • January 24, 2025

    Feds Drop HIPAA Charges Against Houston Surgeon

    The federal government has dropped criminal charges against a Texas surgeon accused of improperly accessing patient information and sharing information about the hospital's gender-affirming care practices with the press.

  • January 24, 2025

    Education Department Asks For Pause In Student Loan Case

    The federal government asked the U.S. Supreme Court on Friday to pause a review of a Fifth Circuit block on a program that forgives student loans if the borrower was scammed, saying it needed to "reassess" its position following President Donald Trump's inauguration.

  • January 24, 2025

    8th Circ. Upholds Block On Iowa's Immigration Law

    An Eighth Circuit panel upheld an order barring Iowa from enforcing a state law that criminalizes noncitizens who enter the state after deportation from the U.S., saying in a Friday opinion the law doesn't pass a constitutional smell test.

  • January 24, 2025

    Opt-Out Releases Approved In Container Store Ch. 11 Plan

    A Texas bankruptcy judge on Friday approved a prepackaged Chapter 11 plan for The Container Store that includes opt-out releases in favor of nondebtors, saying the provisions don't run afoul of the Supreme Court's recent Purdue ruling or of Fifth Circuit precedent.

  • January 24, 2025

    FTC Says Noncompete Ban Defense Is Its Job, Not Intervenor's

    The Federal Trade Commission is urging the Fifth and Eleventh circuits not to permit an entrepreneurs group to intervene in support of the FTC's currently blocked noncompete ban in case the commission opts to abandon its defense, arguing Congress left it up to government agencies to defend their own regulations.

  • January 24, 2025

    9th Circ. Renews Billing Co.'s Suit Against Texas Data Firm

    A Ninth Circuit panel on Friday partly revived a Washington billing services company's lawsuit over a soured business deal with bankrupt Addison Data Services, finding a bankruptcy settlement agreement and the statute of limitations can't keep the plaintiff from pursuing its breach of fiduciary duty claims.

  • January 24, 2025

    Lawmakers Want FCC Subsidy Fund Preserved At High Court

    Nearly 30 members of the U.S. House and Senate from both parties are urging the U.S. Supreme Court to keep in place the Federal Communications Commission's system of raising funds from telecom providers to pay for connectivity around the country.

  • January 24, 2025

    Mass Tort Atty Files Ch. 11 Owing $202M To Litigation Funders

    A Houston plaintiffs attorney has filed for personal Chapter 11 protection with more than $202 million of litigation funding liabilities, according to his petition in the Southern District of Texas.

  • January 24, 2025

    5th Circ. Upholds Tossing Medicare Rate Policy Challenge

    A Fifth Circuit panel said it agrees with a Texas federal judge that a lawsuit brought by four anesthesia practices claiming a Centers for Medicare and Medicaid Services policy will cost them $4 million in reduced reimbursements is statutorily barred.

  • January 24, 2025

    Campbell's Unit Accused Of Failing To Pay For Off-Clock Work

    A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.

  • January 24, 2025

    DOJ Seeks End Of SpaceX Challenge To Immigrant Bias Case

    A Texas federal judge on Friday paused a SpaceX lawsuit challenging administrative proceedings against the aeronautics company over its refusal to hire refugees and asylees, after the U.S. Department of Justice said it was considering ways to resolve the case.

  • January 24, 2025

    10 AGs Target Major Banks Over DEI, ESG Initiatives

    Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.

  • January 24, 2025

    Boies Schiller Int'l Arbitration Pro Joins Baker Botts In Texas

    A veteran international arbitration pro has jumped from Boies Schiller Flexner LLP to Baker Botts LLP in Texas.

  • January 24, 2025

    Judge To Inspect Winston & Strawn Docs In Malpractice Row

    A Texas state judge said Friday that he plans to personally review more than 100 Winston & Strawn LLP documents to determine whether the firm must turn them over to Houston-based energy companies in connection with their $175 million malpractice suit.

  • January 24, 2025

    5th Circ. Won't Remand New Orleans Coastal Damage Suit

    A Fifth Circuit panel denied New Orleans' bid to have a lawsuit alleging that Chevron, ExxonMobil and other pipeline companies damaged its coastal areas returned to a Pelican State court, affirming a decision that kept the litigation in federal courts as the companies requested.

  • January 23, 2025

    Hiring Freeze, Ending Telework Would Devastate USPTO

    The U.S. Patent and Trademark Office would be uniquely harmed if forced to follow the Trump administration's return to office mandate, given its nearly 30-year history of telework that has led to 96% of its employees being permanently remote.

  • January 23, 2025

    Buzbee Says Jay-Z Is Who Should Be Sanctioned In Diddy Suit

    Texas attorney Tony Buzbee tore into rapper Jay-Z's request that Buzbee be sanctioned for filing a suit accusing Jay-Z and Sean "Diddy" Combs of raping a 13-year-old, arguing that Jay-Z is merely trying to intimidate the accuser and that if anyone should be sanctioned, it's Jay-Z.

  • January 23, 2025

    GOP AGs, Groups Back 11th Circ. Noncompete Ban Challenge

    A group of Republican state attorneys general filed one of a half-dozen amicus briefs Wednesday urging the Eleventh Circuit not to revive the Federal Trade Commission's ban on employment noncompete agreements, arguing the already-endangered rule exceeded FTC authority and threatens legitimate safeguards for corporate secrets.

  • January 23, 2025

    Amazon Gets Patent Case Shipped From WDTX To Calif.

    A Texas federal magistrate judge has sent a suit accusing Amazon of infringing a pair of computing patents to California, but agreed to stay the transfer until next month.

  • January 23, 2025

    Maxell Can't Recharge Battery Patents At Fed. Circ.

    Japanese consumer electronics outfit Maxell lost another appeal Thursday over its setbacks at the Patent Trial and Appeal Board in its fight with a major Chinese rival in the lithium-ion battery market.

  • January 23, 2025

    Corporate Transparency Law Remains Flanked By Threats

    The Corporate Transparency Act is facing threats across the branches of government despite the U.S. Supreme Court pausing a nationwide injunction on it Thursday, with another universal injunction in place, other court battles underway and some Republican lawmakers targeting the law.

  • January 23, 2025

    Nvidia Wants AI Antitrust Suit Sent To California

    Nvidia Corp. is asking a Texas federal judge to transfer to California an antitrust and patent infringement lawsuit accusing it, Microsoft and a patent risk management company of colluding to suppress the price of key technology used in powering artificial intelligence.

  • January 23, 2025

    Texas Atty Ethics Commission Drops Suit Against AG Paxton

    The Texas bar's Commission for Lawyer Discipline has dropped its ethics complaint against Attorney General Ken Paxton over a failed lawsuit challenging the 2020 election results in other states, saying the case should end in light of a recent Texas Supreme Court decision nixing a similar case against his first assistant.

  • January 23, 2025

    O'Melveny Hires Troutman Real Estate Atty, Board Member

    O'Melveny & Myers LLP announced Jan. 23 it added a Dallas-based attorney from Troutman Pepper Locke LLP — who describes herself as a "dirt lawyer" advising property transactions, construction financing and other real estate matters — as a partner in its project development and real estate group.

Expert Analysis

  • How Litigation, Supply Chains Buffeted Offshore Wind In 2024

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    U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Permitting, Offtake Among Offshore Wind Challenges In 2024

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    Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

  • Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal

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    A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    FTC Actions In Oil Cases Go Against Its Own Rulemaking

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    Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • 'Reverse Redlining' Suit Reveals Language Risks For Lenders

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    The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Crypto Cos. Add New Play In Their Offense Against SEC

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    Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Expect Surging Oil And Gas Industry Under New Trump Admin

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    Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

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