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Texas
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January 30, 2025
Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence
Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel — who also happens to be a former assistant district attorney in San Antonio — claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.
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January 30, 2025
Jay-Z Blasts Buzbee For 'Reputation-Destroying Allegations'
Rapper Jay-Z has doubled down on his bid for sanctions against Texas attorney Tony Buzbee for filing a lawsuit accusing him of raping a 13-year-old with Sean "Diddy" Combs more than 20 years ago, saying the attorney has "weaponized" baseless accusations via social media and TV interviews.
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January 30, 2025
5th Circ. Says 18-Year-Olds Can Buy Handguns
The Fifth Circuit found a law banning Americans under 21 years old from buying handguns was unconstitutional, saying in a Thursday opinion the law doesn't have any kind of historical analogs that would pass a Second Amendment smell test.
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January 30, 2025
Texas Panel Asks If Late Votes Should Decide Judge's Election
A Texas appellate panel asked what it was supposed to do with voters who wrote that they lived outside the county in deciding the last remaining challenge to the county's 2022 election results, saying during oral arguments Thursday that voters' own assertions seemed convincing.
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January 30, 2025
R. Allen Stanford's $6.8B SEC Bill In Ponzi Suit Finalized
A Texas federal court on Wednesday entered a judgment finalizing a 2013 order requiring convicted Ponzi schemer Robert Allen Stanford to fork over $6.76 billion in the U.S. Securities and Exchange Commission's nearly 16-year-old suit over the $7 billion fraud scheme.
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January 30, 2025
Lower Court Altered Contract Reading, Texas Justices Told
An Energy Transfer subsidiary told the Texas Supreme Court that a lower court upended the way contracts are interpreted in the state when it found no remedy for alleged losses from a soured $1 billion deal with an Exxon Mobil Corp. unit.
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January 30, 2025
FERC Says Pacific NW Pipeline Approval Was By The Book
The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.
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January 30, 2025
Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told
Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.
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January 30, 2025
Meta VR Headsets Are Not 'Wireless Telephones,' Judge Says
A federal judge in the Western District of Texas has decided Meta's Quest brand of virtual reality headsets can't be considered "wireless telephones" in a patent lawsuit just because they come preinstalled with the Messenger app, which can take calls.
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January 30, 2025
Split 5th Circ. Clears Insurers In $2.7M Flood Row
A split Fifth Circuit panel upheld a ruling finding that a general contractor and others cannot recover $2.7 million from insurers for water damage, because the flood deductible in the applicable builder's risk policy exceeded the claimed losses.
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January 30, 2025
Texas AG's Deputy Tapped For Trump's DOJ
A deputy in Texas Attorney General Ken Paxton's office has been tapped for President Donald Trump's Justice Department, Paxton announced Thursday.
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January 30, 2025
Fla. Firm's $1M Loan Dispute Returns To NJ State Court
A New Jersey federal judge has remanded a suit accusing a Florida firm and a lender of fraudulently inducing an investor to make a down payment of more than $1 million on a loan that never materialized, according to a Thursday court order.
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January 30, 2025
DOJ Challenges HPE's $14B Deal For Juniper Networks
The U.S. Department of Justice sued Thursday to block Hewlett Packard Enterprise's planned $14 billion purchase of Juniper Networks Inc. over concerns about competition for local wireless networking technology.
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January 30, 2025
Nelson Mullins Grows In Houston With Osha Bergman IP Duo
Nelson Mullins Riley & Scarborough LLP has grown its Houston attorney roster to more than 30 since setting up shop in the city last year and is continuing that expansion with two experienced intellectual property lawyers from Osha Bergman Watanabe & Burton LLP.
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January 29, 2025
SEC Wins $11.3M In Texas Oil Investment Fraud Case
A Texas federal judge ruled in favor of the U.S. Securities Exchange Commission in an 11-year-old case accusing brokers of soliciting more than 340 "partners" to invest in drilling projects that were actually unregistered investment vehicles, granting the request for over $11 million in disgorgement, interest and a civil penalty from one of the brokers and his companies.
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January 29, 2025
Allstate Says Houston Referral Site Ran Kickback Scheme
Allstate Insurance told a Texas federal court that a group of clinics ran a kickback scheme with a medical referral website, saying in a Wednesday complaint the website funneled car crash victims to clinics that overcharged in exchange for payouts.
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January 29, 2025
5th Circ. Rejects Outside Bid To Defend CFPB Small-Biz Rule
The Fifth Circuit on Wednesday stood by its decision to refuse two advocacy groups' request to help defend the Consumer Financial Protection Bureau's small business lending data rule, a day after the bureau and the suing banking trade groups pushed back and said they are fine to litigate themselves, without intervention.
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January 29, 2025
Labcorp Can't Flip Patent Board Loss At Fed. Circ.
Labcorp had no luck Wednesday trying to convince Federal Circuit judges to overturn a patent board decision that refused to invalidate a host of claims in a patent covering a way of detecting genetic disorders.
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January 29, 2025
LG Foe Loses Fed. Circ. Appeal On Image Processing Patent
The Federal Circuit shot down an appeal launched by a face detection technology patent owner over how a lower court construed claim terminology in the patent, handing a win Wednesday to LG in a suit accusing it of infringement.
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January 29, 2025
Cobalt Refiner Hits Ch. 11 With Plan To Cut $164M In Debt
A Texas bankruptcy judge Wednesday put the operator of one of the world's largest cobalt refineries on course for a March hearing on a Chapter 11 plan to shed nearly $164 million in debt as it deals with depressed cobalt prices it blames on Chinese oversupply.
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January 29, 2025
5th Circ. Says DOT Must Redo Airline Fees Disclosure Rule
The Fifth Circuit has ordered the U.S. Department of Transportation to reassess its rule requiring airlines to more clearly disclose add-on fees upfront, saying the Biden administration failed to properly consider public comments on how costly it would be for airlines to comply with the 2024 mandate.
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January 29, 2025
Brother Hits Back In Family Feud Over Padres Ownership
The late owner of the San Diego Padres did not give control of the Major League Baseball franchise to his widow, and his brothers are not wrongly withholding assets and control of the team from her, one of the brothers argues in his reply to her Texas state lawsuit.
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January 29, 2025
Chevron, Ex-Manager End Bias Suit Over Altered COVID Tests
Chevron and a former manager agreed to end the worker's lawsuit claiming she was fired for not speaking up about workers changing COVID-19 test records to avoid travel restrictions while men who did the same thing kept their jobs, according to Texas federal court filings.
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January 29, 2025
Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case
A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.
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January 29, 2025
Texas-Led States Can Sue Google, Ad Tech Judge Says
A Texas federal judge refused to toss a state enforcer coalition's lawsuit accusing Google of monopolizing the display advertising placement technology market, rejecting Google assertions that the states lack standing to sue on behalf of their citizens in a case where trial now appears likely to be delayed.
Expert Analysis
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.