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Texas
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May 01, 2024
Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit
Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared.
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May 01, 2024
5th Circ. Wants Texas Injunction Ruling In CFPB Late Fee Case
In a late Tuesday twist, the Fifth Circuit has sent a banking industry lawsuit over the Consumer Financial Protection Bureau's $8 credit card late fee rule back to Texas federal court, saying it doesn't want to be the first to decide whether the rule should be blocked from taking effect later this month.
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April 30, 2024
5th Circ. Nixes Software Co.'s $1.6B Win In IBM Contract Row
The Fifth Circuit on Tuesday reversed a Texas federal court's $1.6 billion ruling against IBM, finding that Houston-based software company BMC lost out to IBM "fair and square" when IBM fulfilled a request by their mutual client AT&T to replace BMC's software in AT&T's mainframe with IBM's.
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April 30, 2024
'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules
Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.
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April 30, 2024
Chicago Wants Help Probing Migrant-Moving Bus Companies
Chicago is asking for an Illinois state court's help to enforce subpoenas the city says it issued to learn more about illegal migrant transportation services several bus companies have provided for the state of Texas, saying the companies have ignored its information requests.
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April 30, 2024
Texas Appeals Panel Keeps Court Reporter's AI Case Alive
An Austin, Texas, appeals panel on Tuesday kept alive a court reporter's attempt to pursue an administrative complaint against an artificial intelligence-powered "digital reporting firm," rejecting a state agency's argument that jurisdictional issues block the court reporter from seeking a writ of mandamus compelling the agency to consider her claims.
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April 30, 2024
5th Circ. Questions Texas' Standing In SEC Proxy Rule Battle
The Fifth Circuit appeared skeptical Tuesday of a Texas-led challenge to a U.S. Securities and Exchange Commission regulation that will require fund managers to make it easier for investors to identify ESG issues on corporate ballots, with the judges wondering whether the Lone Star State and others had standing to bring the lawsuit.
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April 30, 2024
Where VLSI-Intel's High-Stakes Patent Battle Stands Now
Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.
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April 30, 2024
Texas Doctor Can't Get Expert Report Tossed In Suicide Suit
A Texas appeals court on Tuesday refused to dismiss a mother's suit alleging a doctor and medical center failed to properly treat her son's depression, saying the expert report is sufficient in laying out how the doctor's alleged negligence led to the son's suicide.
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April 30, 2024
Pfizer Can't Slip COVID-19 Vax Suit, Texas Tells Court
The Texas attorney general told a federal judge not to let Pfizer Inc. out of its suit accusing the pharmaceutical company of misleading the public about its COVID-19 vaccine, arguing the suit was properly pled under state law in a brief filed Monday.
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April 30, 2024
Drug Company Can't Escape Texas Counties' Opioid MDL
A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.
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April 30, 2024
FTC Puts $26B Permian Basin Gas Deal Under Scrutiny
The Federal Trade Commission is taking an in-depth look at the proposed oil and gas merger between Diamondback Energy and Endeavor Energy Resources by issuing a second request for additional information about the deal, according to new securities filings.
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April 30, 2024
Samsung Gets PTAB To Sink Patent Tied To $142M Verdict
The Patent Trial and Appeal Board has ruled in favor of Samsung Electronics Co. LTD in the company's challenge to LTE technology owned by G+ Communications LLC, invalidating one of the patents involved in a Texas case where G+ won a $142 million verdict against the tech giant.
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April 30, 2024
5th Circ. Backs La. Enviro Dept. In Gas Facility Permit Dispute
A Fifth Circuit panel upheld the Louisiana Department of Environmental Quality's permitting decision for a liquefied natural gas export facility, rejecting concerns raised by the Sierra Club that the facility's emissions will surpass national ambient air quality standards.
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April 30, 2024
Apple Says Astroworld Trial Is Halted For Pretrial Loss Appeal
Apple told a state court Monday that the first trial in litigation stemming from the 2021 Astroworld crowd crush is automatically stayed while it appeals a Houston judge's denial of its bid for a pretrial win in a move that the victims called a "bad-faith, desperate attempt" to "derail" the proceedings less than a week before jury selection is set to begin.
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April 30, 2024
Atty Wants Out Of 'Coup' Suit Over Judge Romance
The former Jackson Walker LLP attorney whose secret relationship with a Texas judge ignited an ethics scandal wants out of a racketeering suit accusing her of "orchestrating a coup" in a bankruptcy case, calling the suit a "dubious" attempt to blame her for an ex-CEO's "disastrous" mismanagement of his family business.
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April 30, 2024
Attys, Broker Can't Escape $4M Tax Fraud Convictions
A North Carolina federal judge has denied acquittal requests from two tax attorneys and an insurance agent who were convicted for their roles in a $4 million tax avoidance scheme, saying he agreed with federal prosecutors who argued there was sufficient evidence for the underlying charges.
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April 30, 2024
High Court Won't Stay Texas' Porn Site Age Check Law
The U.S. Supreme Court on Tuesday declined to stay a Fifth Circuit decision that allowed a portion of a Texas law requiring visitors to adult-oriented websites to prove their age before accessing content.
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April 30, 2024
State Telecom Roundup: Tech Companies As Public Utilities
It's long-settled law that common carriers and public utilities can't discriminate or deny service without good reason, which is perhaps why there is a push in at least three different states to have the definition of a common carrier expanded to cover tech titans like Google and Facebook.
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April 29, 2024
Mistrial Called In $86M Stent Patent Case Against Medtronic
An $86 million case in Texas over stents sold by medical device giant Medtronic has ended in a mistrial after U.S. District Judge Alan Albright was notified that a juror didn't want to budge on a position that was at odds with the rest of the jurors.
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April 29, 2024
5th Circ. Urged To Block CFPB's Credit Card Late Fee Rule
Banking industry trade groups have called for the Fifth Circuit to act quickly to put the Consumer Financial Protection Bureau's $8 credit card late fee standard on hold, arguing that large credit card issuers stand to suffer "substantial" losses if it goes into effect even for just one day.
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April 29, 2024
6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm
The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.
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April 29, 2024
Ex-Officers Seek Early Win Against Flight Attendant Union
Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."
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April 29, 2024
Ohio, Ky. Reps. Again Try To Abolish PTAB
U.S. Reps. Marcy Kaptur, D-Ohio, and Thomas Massie, R-Ky., have introduced a pair of bills aiming to overrule much of current patent law, including abolishing the Patent Trial and Appeal Board and making injunctions more common.
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April 29, 2024
Texas Judge Says X Can Access Watchdog's Internal Docs
A Texas federal judge has ruled that X Corp. can access the internal communications and donor lists of a media watchdog the tech company accused of spurring advertisers to ditch the social media platform, saying the watchdog hadn't shown a good enough reason to pause discovery.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Timing Is Key For Noninfringing Alternatives In Patent Cases
A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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A Look At Recent Challenges To SEC's Settlement 'Gag Rule'
Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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A 5th Circ. Lesson On Preserving Indemnification Rights
The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.