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September 09, 2025
5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit
The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.
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September 09, 2025
Investor Tells Texas Justices UDF Claims Aren't Derivative
The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.
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September 09, 2025
5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action
A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.
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September 09, 2025
7 Enviro Cases To Watch At The Supreme Court
The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.
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September 09, 2025
CenterPoint Inks Deal To End Workers' 401(k) Fee Suit
CenterPoint Energy has agreed to settle a proposed class action filed in Texas federal court claiming it failed to rein in costly management fees for its $3 billion retirement plan, resulting in millions in losses for workers' retirement savings.
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September 09, 2025
States, Oil Groups Push For Wins In Drilling Ban Fight
Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.
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September 09, 2025
5th Circ. Backs Texas University In Medical Leave Suit
The Fifth Circuit upheld Texas Christian University's win over a former employee's lawsuit claiming she was fired for taking medical leave, saying she failed to show she was eligible for federally protected time off to take care of her mental health.
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September 09, 2025
Meta Target Of Patent Suit In Texas Over Social Search Tech
Meta Platforms has been hit with a lawsuit in Texas federal court accusing the technology company of infringing a pair of search engine patents that can rank online content based on user engagement.
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September 09, 2025
Fed. Circ. Revives Realtek's Fee Bid In Semiconductor IP Feud
The Federal Circuit on Tuesday faulted U.S. District Judge Alan Albright for denying Realtek Semiconductor Corp.'s request for fees following the dismissal of a patent infringement suit against it, saying the semiconductor company is the prevailing party even if the accusing company willingly abandoned the case.
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September 09, 2025
SEC Sued To Lift Private Market Investment Cap
A U.S. Securities and Exchange Commission regulation that prohibits individuals making less than $200,000 a year from investing in the private markets is unconstitutionally discriminatory, according to a lawsuit launched against the agency in Texas federal court.
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September 09, 2025
Senate Confirms Florida And Missouri Judges
The U.S. Senate confirmed two judges Tuesday, one for Florida and the other for Missouri.
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September 09, 2025
Coinbase Vendor Called 'Major' Cog In 'Insider Bribery' MDL
A Manhattan federal judge said Tuesday that a Texas-based Coinbase vendor called TaskUs will be a "major participant" in multidistrict litigation centralized in New York over allegations that thousands of Coinbase customers were victimized in a bribery-fueled data compromise.
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September 09, 2025
Texas Powerhouse: Norton Rose
Norton Rose Fulbright has handled some of the biggest high-profile cases over the past year, representing Texas Attorney General Ken Paxton and the state in securing a $1.3 billion settlement with Google and nabbing a victory for Phillips 66 in a long-running natural gas liquids asset dispute.
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September 09, 2025
Court Urged To Deny Bid To Block Captive Reporting Rules
A Texas federal court should deny an injunction to a Texas plastics company seeking to stop the IRS from flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, the U.S. argued, saying the public could lose millions of tax dollars on illegitimate transactions.
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September 09, 2025
NASA Shuts Down Black Ex-Engineer's Bias Suit
A Texas federal judge tossed a race and age bias suit from a Black ex-NASA engineer who claimed he was placed on an unrealistic performance improvement plan and then pushed into retirement, saying he hadn't shown prejudice drove the agency's actions.
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September 08, 2025
Litigation Funder Says Ex-GC Stole Secrets To Launch Rival
A Houston-based litigation funding company has hauled its former general counsel into Texas state court, accusing him of diverting its business opportunities and using confidential business information when secretly forming a new rival litigation funder.
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September 08, 2025
Texas Data Center Campus Developer Files For IPO
Former U.S. energy secretary Rick Perry's Fermi America filed for an initial public offering Monday, guided by Haynes and Boone LLP and Vinson & Elkins LLP.
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September 08, 2025
NY AG To Fight Texas Bid To Enforce Abortion Ban Ruling
New York Attorney General Letitia James on Monday moved to intervene in a lawsuit brought by the state of Texas that seeks to enforce a money judgment against a New York doctor for providing abortion-inducing drugs to a woman via telemedicine in the Lone Star state.
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September 08, 2025
Calif. Says Texas Doesn't Belong In Emissions Waiver Fight
The state of California told a federal judge that Texas has no business in a suit challenging the revocation of Clean Air Act waivers that allowed the state to set its own emissions standards, saying the Lone Star State wishes to inject "collateral issues" into the suit.
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September 08, 2025
Phillips 66 Faces Retrial After 'Improper' Infringement Theory
The Federal Circuit on Monday ordered a new trial over allegations that Phillips 66 infringed Magēmā Technology's oil refinery patents, saying in a precedential opinion that a Texas federal court wrongfully concluded that Phillips' noninfringement theory was harmless, as it had also found the theory "improper and prejudicial."
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September 08, 2025
2 Firms Steer $540M IPO For Oilfield Water Infrastructure Co.
Houston, Texas-based oilfield water management company WaterBridge Infrastructure said Monday that it is seeking to raise up to $540 million in an initial public offering guided by Latham & Watkins LLP and Gibson Dunn & Crutcher LLP.
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September 08, 2025
Class Actions May Be The New Injunction Bid, And Next Target
In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.
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September 08, 2025
Offit Kurman To Make Texas Debut With Boutique Combo
Offit Kurman Attorneys At Law confirmed Monday it is planning to combine with a four-attorney Dallas bankruptcy and litigation boutique, giving the firm its first outpost in Texas.
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September 08, 2025
5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit
The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
Expert Analysis
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Regulating Online Activity After Porn Site Age Check Ruling
A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.
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DC Circ. Ruling Augurs More Scrutiny Of Blanket Gag Orders
The D.C. Circuit’s recent ruling in In re: Sealed Case, finding that an omnibus nondisclosure order was too sweeping, should serve as a wake-up call to prosecutors and provide a road map for private parties to push back on overbroad secrecy demands, says Gregory Rosen at Rogers Joseph.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.
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When Failure To Satisfy Insured Duty Is Fatal To Texas Claims
Recent rulings from federal district courts in Texas demonstrate when an insured's failure to satisfy certain duties is fatal to recovery under their policy, and when this failure may result in abatement, say attorneys at Zelle.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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Texas High Court Decision Could Reshape Contract Damages
The Texas Supreme Court recently held that an order of specific performance for a real property transaction doesn't preclude a damage award, establishing a damages test for this scenario while placing the onus on lower courts to correctly determine the proper remedies and quantum of damages, say attorneys at Fried Frank.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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Location Data And Online Tracking Trends To Watch
Regulators and class action plaintiffs are increasingly targeting companies' use of online tracking technologies and geolocation data in both privacy enforcement and litigation, so organizations should view compliance as a dynamic, cross-functional responsibility as scrutiny becomes increasingly aggressive and multifaceted, say attorneys at Arnold & Porter.