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Texas
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September 18, 2024
5th Circ. Favors Excess Insurer In Marina Coverage Dispute
The Fifth Circuit upheld a ruling in an inter-insurer dispute over coverage responsibilities of a $13.7 million judgment entered against their mutual client, holding Wednesday that while the excess insurer breached its duties, the primary insurer bears the larger financial burden because it failed to properly settle the underlying dispute.
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September 18, 2024
5th Circ. Axes Bargaining Order Against Legal Support Firm
The Fifth Circuit reversed a National Labor Relations Board bargaining order Wednesday against a legal support consulting firm, determining certain workers within the unit are supervisors who can't unionize under federal labor law.
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September 18, 2024
Removal Risk Rises With State Line Crossings, ACLU Says
Unauthorized immigrants in Texas who seek out-of-state medical care because of the state's near-total abortion ban are at risk of getting deported every time they pass through checkpoints where they could get arrested, the American Civil Liberties Union said Wednesday.
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September 18, 2024
Modelo Says Texas Beer Co. Ripping Off Corona, Other Brands
Modelo and Constellation Brand have sued a Texas-based beer distribution company in federal court, accusing it of selling and advertising beer products that imitate the names, color schemes and marks of their beers, including Corona, Pacifico, Barrilito and Victoria.
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September 18, 2024
Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal
The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.
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September 18, 2024
Texas AG Ran Voter Intimidation Campaign, Dem County Says
Texas Attorney General Ken Paxton used his office for voter suppression, Travis County officials claim in a suit filed Tuesday in Texas federal court, saying that Paxton launched an "intimidation campaign" against them to discourage voter registration of those he doesn't agree with politically.
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September 18, 2024
Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit
A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.
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September 18, 2024
No Rehearing For 10th Circ. Methane Rule Challenge
A Tenth Circuit panel rejected a request to reconsider its decision to throw out a ruling that partially invalidated an Obama-era rule limiting venting, flaring and leaks from oil and gas wells on federal land.
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September 18, 2024
DOL Points To 5th Circ. Ruling To Save Contractor Wage Hike
A recent Fifth Circuit decision ruling that the U.S. Department of Labor could raise salary levels for overtime-exempt workers clarifies that the major questions doctrine should stay out of a case challenging the minimum wage increase for federal contractors, the DOL told the appeals court.
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September 18, 2024
Texas Firm, Marketing Biz Settle 'Click To Call' Ad Scheme Suit
A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.
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September 18, 2024
Texas Criminal Court Pauses Paxton Prosecutor Fee Ruling
The Texas Court of Criminal Appeals on Tuesday agreed to pause a lower court ruling that would allow Collin County to pay a lower amount to the special prosecutors appointed to oversee the securities fraud case against Texas Attorney General Ken Paxton, putting the county's victory on ice while it considers the dispute.
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September 18, 2024
Texas Powerhouse: Bracewell LLP
Bracewell LLP has been helping clients navigate billion-dollar deals and other big projects, while securing major courtroom wins, since its founding in the Lone Star State just shy of eight decades ago, earning it a spot among Law360's Regional Powerhouses of 2024.
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September 18, 2024
Norton Rose Adds Family Office Ace From Sidley In Dallas
Norton Rose Fulbright has expanded its Dallas shop with the addition of a former Sidley Austin LLP attorney to its corporate, mergers and acquisitions, and securities practice who boasts substantial expertise in the family office industry.
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September 17, 2024
Allstate Freed From Texas Auto Insurance Class Action
A Texas federal judge handed Allstate a win in a proposed class action over allegedly discriminatory auto insurance premium rates, adopting a magistrate judge's recommendations that the class not be certified and that the insurer be freed from the suit before trial.
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September 17, 2024
Another Texas Judge Halts NLRB Case Over Constitutionality
A Texas federal judge granted an injunction Monday to halt administrative proceedings at the National Labor Relations Board filed by a social services search engine, finding that the employer was likely to succeed on the merits of its argument that agency judges are unconstitutionally shielded from removal by the U.S. president.
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September 17, 2024
Texas Fertility Clinic Hid 'Catastrophic' Lab Issue, Couples Say
Five couples accused a Houston fertility institute of hiding "catastrophic" laboratory issues that affected patients' embryos, saying in a lawsuit that the entity instead injected multiple hopeful mothers with "dead or dying" eggs.
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September 17, 2024
SEC Fines 12 Muni Advisers $1.3M In Texting Probe Actions
The U.S. Securities and Exchange Commission on Tuesday fined 12 municipal advisory firms a combined $1.3 million over their failure to keep records of employees' use of text messages and other so-called off-channel communication methods to conduct business.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Munsch Hardt's Incoming CEO On The 'Heart' Of Texas Firm
The newly elected CEO of Lone Star State mid-sized Munsch Hardt Kopf & Harr PC is proud of the nearly 40-year history of success of the firm and plans to keep it on its current trajectory when he takes the helm at the start of 2025.
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September 17, 2024
Eversheds US Chief-Elect Talks Firm Goals, DC Move Plans
Eversheds Sutherland named Lino Mendiola III the chief executive-elect for the U.S. side of the firm on Monday. Here, Mendiola talks to Law360 about his goals, his plans to continue the firm’s culture of innovation and why he’s transferring from Austin, Texas, to Washington, D.C., with the promotion.
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September 17, 2024
Texas Powerhouse: Haynes and Boone
Haynes and Boone LLP charted a 7% growth in headcount last year on the heels of several significant merger and acquisition deals, attributing its success in part to a focus on mutual support within the firm and keeping retention high.
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September 17, 2024
Ex-Skadden Atty Joins Board Of Oil Property Co. LandBridge
Oil property acquirer LandBridge Co. has added a former Skadden Arps Slate Meagher & Flom LLP partner to its board, where the company hopes to benefit from her capital markets and corporate governance expertise.
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September 17, 2024
First Financial Finds New GC In MidFirst Bank Deputy
The Texas bank operating as First Financial has tapped a new legal leader from Oklahoma's MidFirst Bank.
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September 16, 2024
Colony Ridge Mortgage Co. Free Of Lending Suit, For Now
A federal judge on Friday gave the Consumer Financial Protection Bureau 30 days to amend its predatory lending lawsuit against a Texas mortgage company and a Houston-area real estate developer and lender, dismissing for now the government's claims that the mortgage company intentionally targets Hispanic consumers.
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September 16, 2024
Mass. Accounting Firm Hit With Data Breach Class Claims
Accounting firm Katz Nannis + Solomon PC failed to safeguard sensitive client information and enabled a 2023 data breach, according to a proposed class action in Massachusetts federal court.
Expert Analysis
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.
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Inside The PTAB's Seagen Cancer Drug Patent Decision
The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds
The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.
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How High Court SEC Case Could Affect The ITC
While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Exxon ESG Proxy Statement Suit May Chill Investor Proposals
Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.