The Federal Circuit on Monday revived efforts by air mattress pump manufacturers to challenge a mattress patent at the Patent Trial and Appeal Board, just weeks before Amazon and other retailers are set to fight infringement claims over the same patent in parallel litigation in front of a Texas jury.
The litigation trust created under the Chapter 11 plan of oil services company Paragon Offshore told a Delaware bankruptcy judge Monday that state law there prohibits the debtor from clawing back distributions to the trust to satisfy fees potentially owed to the federal bankruptcy watchdog.
The U.S. Supreme Court undid two lower court rulings that blocked a Trump-era asylum policy Monday, deeming an injunction on the Migrant Protection Protocols moot three weeks after President Joe Biden formally ended the program.
An ex-BigLaw attorney-turned-hedge fund pro who was sentenced last month to six months in prison for bankruptcy fraud wants a New York district court to toss a parallel civil suit brought by the U.S. Securities and Exchange Commission, arguing that the agency failed to state a securities fraud claim.
A former Univar Solutions executive pursuing severance pay is fighting the revival of the chemical company's counterclaim that he owed it notice he was looking for another job, cautioning a Texas federal judge against setting a precedent that workers have a legal duty to disclose job searches.
The Texas Supreme Court will weigh in on an intermediate appellate court split over the proper way to serve process on banks designated as foreign corporate fiduciaries in lawsuits, agreeing to review U.S. Bank NA's challenge to a no-answer default judgment allegedly caused by improper service.
The Texas Supreme Court on Friday declined to hear a landowner's lawsuit claiming the private developers of a high-speed passenger train from Dallas to Houston cannot use eminent domain to survey and trample on Texans' private property rights for a costly project that's doomed to fail.
The former owner of a physical therapist staffing company accused U.S. Department of Justice prosecutors Friday of breaking their promise not to charge him in their first criminal wage-fixing case, arguing he's never been given an explanation of where his cooperation fell short.
A paramedic who was seriously injured when a line-drive foul ball hit him in the face in October during the American League Championship Series in Houston has dropped his lawsuit against the Houston Astros seeking more than $1 million in damages.
The former chief executive officer of Chimera Energy Corp. was sentenced Monday by a Texas federal judge to six years in prison for his role in a $50 million stock manipulation scheme that defrauded at least 2,000 victims.
The Fifth Circuit has dismissed Huawei Technologies Co.'s bid to block a Federal Communications Commission order prohibiting federal subsidies to U.S. telecom companies that buy equipment from the Chinese technology giant and others, ruling that the FCC appropriately determined it poses a threat to U.S. communications networks.
Bankrupt oil barge fleet owner Bouchard Transportation Co. filed Chapter 11 plan documents in Texas bankruptcy court, outlining a flexible path toward completing a sale of its assets or confirming a reorganization around its remaining fleet.
A limited partnership should be served a lawsuit through a general partner or registered agent, not an officer or CEO, the Texas Supreme Court ruled Friday in an opinion overturning an over $1 million default judgment.
A Florida federal court on Friday agreed to temporarily block the U.S. Centers for Disease Control and Prevention's pandemic-related restrictions on the cruise industry, ruling that the Sunshine State is "highly likely" to succeed on its claim that the agency exceeded its authority with the regulations.
The Texas Supreme Court on Friday allowed a motorist to depose his insurer's employees over liability and damages alleged in his insurance claim resulting from a car accident, saying the disputed issues are discoverable while questions about the policy's contract language are not.
The Texas Supreme Court on Friday said it won't hear a case over the constitutionality of the state's application of the surplus lines insurance tax on cotton stored in warehouses.
The Texas Supreme Court on Friday said the University of Houston's unauthorized use of a photographer's image doesn't amount to a per se taking of his copyright.
The Texas Supreme Court on Friday granted review in a lawsuit asking it to decide whether an attorney who fell victim to a check-fraud scam is liable for $400,000 that his bank transferred to a third party in Japan.
The Texas Supreme Court agreed Friday to consider whether the company that built a gas pipeline that exploded shortly after it changed hands should be looped into in an injured worker's $1 million negligence case against the current owner of the pipeline and the operator that maintains it.
Juniper Networks Inc. wants the Federal Circuit to direct U.S. District Judge Alan Albright to transfer a patent suit brought by Correct Transmission from the Western District of Texas to California, saying the judge abused his discretion by keeping the case in Texas.
A Florida federal judge has threatened a payment service provider and its owner with default for failing to retain counsel in a suit accusing them and a Florida law firm of keeping $178,000 that was supposed to be transmitted as payments for a Texas business' international purchases.
The Texas Supreme Court granted review to Energen Resources Corp. on Friday in its fight to block litigation over a worker's injury in a natural gas explosion by applying rules that limit a property owner's liability for contractors' injuries.
The Fifth Circuit on Friday signed off on the federal government's request to drop its appeal of a $16.2 million award to ExxonMobil Corp. that held the government liable for pollution discharged at a Texas industrial facility during World War II and the Korean War.
The U.S. Army Corps of Engineers focused on speed when awarding billions of dollars in contracts for construction of the southwest border wall, raising the risk of paying unnecessarily high costs, according to the U.S. Government Accountability Office.
Texas has joined a fight over two Biden administration policies temporarily narrowing the types of migrants prioritized for removal, joining Florida in urging the Eleventh Circuit to take on the policies because they carry the force of law and warrant judicial review.
As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.
A Georgia appeals court recently allowed a plaintiff to depose General Motors' CEO, in a blow to the apex doctrine's protections for high-ranking executives, but measures before and during discovery can reduce corporate leaders' exposure in such cases, say attorneys at DLA Piper.
Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.
Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.
Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.
The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.
The Office of the U.S. Trustee's recent concerns over the increase in so-called shotgun bankruptcies are legitimate: These expedited processes limit oversight by the bankruptcy court to the detriment of smaller stakeholders, say Brian Shaw and David Doyle at Cozen O'Connor.
As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.
Recent Biden administration policy moves signal strong support for offshore wind power development on both the Atlantic and Pacific coasts, but wind projects will need to overcome a number of logistical hurdles to achieve emissions reduction goals, says Tyler Williams at Covington.
USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.
Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.
The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.
The Ninth Circuit's recent refusal to recognize a federal preemption defense in Hardeman v. Monsanto, the bellwether trial of a cancer case involving the herbicide Roundup, underscores that state tort statutes may provide a better defense than preemption in some cases, say Thomas Manakides and Joseph Edmonds at Gibson Dunn.
The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.
Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.