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October 07, 2025
Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge Says
A Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history.
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October 07, 2025
Musk Atty Alex Spiro Faces DQ Bid Ahead Of Twitter Deal Trial
A certified class of former Twitter investors accusing Elon Musk of tanking the social media platform's stock during acquisition negotiations has urged a California federal judge to disqualify Musk's proposed lead trial counsel Alex Spiro before a January trial, arguing he's a "critical first-hand witness" and may testify, according to documents unsealed Monday.
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October 07, 2025
Rolls-Royce Can't Ditch Helicopter Crash Suit Before Trial
A Texas federal judge won't give Rolls-Royce Corp. a win before trial in a suit over a fatal helicopter crash in the U.S. Virgin Islands, finding that the company failed to show that Indiana law bars the plaintiff's claims.
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October 07, 2025
Texas Court Overturns Forfeiture Verdict For Lack Of Evidence
A Texas appellate panel on Tuesday reversed a civil-forfeiture judgment and ordered state officials to return nearly $42,000 in cash that sheriff's deputies seized from a driver, saying there was no direct evidence that he would have spent the money on illegal drugs.
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October 07, 2025
Global Wound Care Flags Medicare Delay Amid Shutdown
Specialty medical practice Global Wound Care has told a Texas bankruptcy judge it is waiting on $27.2 million in Medicare reimbursement payments, saying the risk that the delays could put it into a liquidity crisis is compounded by the federal government shutdown.
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October 07, 2025
Fitch Even's $1.2M Fee Fight Appears Headed To Arbitration
Fitch Even Tabin & Flannery LLP's $1.2 million fee dispute with a former client and a litigation funder's CEO may be paused and sent to arbitration before the firm can convince an Illinois federal judge to halt any alleged use or transfer of the money at issue.
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October 07, 2025
Litigation Funder, Ex-GC To Take Fight Out Of Texas Court
Litigation funder Siltstone Capital LLC has agreed to arbitration with a former general counsel it has accused in a Texas state lawsuit of diverting business opportunities and using confidential business information when secretly forming a new rival litigation funder, Signal Peak Partners LLC.
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October 07, 2025
Estate's $17M Transfer Not Tax-Related, 5th Circ. Told
The estate of a woman who inherited her husband's oil business and was the victim of elder abuse told the Fifth Circuit that it had multiple reasons unrelated to avoiding estate tax for setting up a partnership and transferring $17 million into it just before she died.
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October 07, 2025
White & Case Lands Akin Energy Ace In Houston
White & Case LLP announced Tuesday that it has expanded its global mergers and acquisitions practice and global energy industry group with a partner in Houston who arrived from Akin Gump Strauss Hauer & Feld LLP.
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October 07, 2025
Hess Cuts Deal To End Suit Over 401(k) Investment Roster
Energy company Hess agreed to settle a proposed class action alleging it cost workers millions of dollars in retirement savings by loading its employee 401(k) plan with expensive and poorly performing investment options, according to filings in Texas federal court.
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October 06, 2025
Justices Wary Of Hard Rules On Recess Testimony Talks
The U.S. Supreme Court appeared reluctant Monday to rule that the Sixth Amendment allows defense counsel to freely discuss defendants' testimony with them during an intervening overnight recess, with justices questioning which topics should be off limits and which should not.
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October 06, 2025
Cisco Gets PTAB To Invalidate Ethernet Patent Claims
The Patent Trial and Appeal Board has invalidated all claims Cisco Systems Inc. had challenged of an Ethernet patent owned by Lionra Technologies Ltd.
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October 06, 2025
Pioneer Couldn't Deliver Gas During Storm, Court Hears
Pioneer Natural Resources USA Inc. told a Texas federal court Monday that Winter Storm Uri made it impossible to deliver about $9 million worth of natural gas to an energy trading company, saying during a Monday bench trial that the storm exempted it from its contractual obligations.
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October 06, 2025
Fed. Circ. Examines $41.8M Seagen Cancer Drug Patent Case
With a $41.8 million infringement verdict against Daiichi Sankyo at stake, a Federal Circuit panel Monday grappled with whether a Seagen breast cancer treatment patent adequately described the claimed invention and would enable a skilled person to use it.
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October 06, 2025
Nokia, Ericsson Lose PTAB Challenge To Wireless Patent
The Patent Trial and Appeal Board has refused to toss certain claims in a wireless communication technology patent challenged by Ericsson and Nokia, finding the companies failed to show the claims were obvious.
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October 06, 2025
Convicted Investor Puts More Properties Into Ch. 11
A company and several affiliates associated with convicted real estate investment fraudster Moshe "Mark" Silber filed for Chapter 11 on Monday in New Jersey bankruptcy court with up to 199 estimated creditors and up to $500 million in estimated liabilities.
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October 06, 2025
Cybertruck Design Trapped Rider In Flaming Wreck, Suit Says
The family of a college student who died while trapped in a Tesla Cybertruck has hit the electric-auto maker with a wrongful death lawsuit in California state court, alleging that Tesla knowingly kept Cybertrucks on the roads despite known risks of their allegedly defectively designed electric doors failing.
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October 06, 2025
AT&T, T-Mobile Settle Patent Suit Over 4G, 5G Tech
AT&T and T-Mobile have settled claims from Pegasus Wireless Corp. that they infringed patents with technology that runs on 4G and 5G standards.
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October 06, 2025
Texas Class Action Nixed Over Law Firm's La. Hurricane Ads
A federal judge in Texas has ruled that a litigation funder and a Houston-area attorney will not face a proposed class action alleging that a law firm engaged in deceptive advertising targeting hurricane victims in Louisiana, finding that a prior Texas Supreme Court ruling dooms the case.
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October 06, 2025
Womble Bond Adds Cybersecurity Pro From Texas AG's Office
Womble Bond Dickinson announced Monday that it has bolstered its privacy and cybersecurity practice and its artificial intelligence and machine learning team with a Houston-based partner who previously served as director of privacy and technology enforcement at the Texas attorney general's office.
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October 06, 2025
Justices Skip Unpaid Texas Tech Mentor's Retaliation Suit
The U.S. Supreme Court declined on Monday to review a former Texas Tech University graduate research assistant's suit alleging she lost an unpaid mentor position for complaining about a professor's sexual harassment, leaving intact the Fifth Circuit's finding that she wasn't technically an employee.
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October 06, 2025
Frost Brown Adds Porter Hedges Commercial Finance Pro
Frost Brown Todd LLP announced Monday that it added a new partner to its commercial finance practice group in Houston from Porter Hedges LLP.
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
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October 06, 2025
Sullivan, Wachtell Guide Fifth Third's $10.9B Comerica Buy
Fifth Third Bancorp and Comerica Inc. announced Monday that Fifth Third will acquire Comerica in an all‑stock transaction valued at $10.9 billion.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
Expert Analysis
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.