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Texas
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December 05, 2024
Hunton Gains Capital Markets Pro In Dallas From V&E
Hunton Andrews Kurth LLP has boosted its capital markets practice in Dallas with a former Vinson & Elkins LLP deal lawyer who has particular expertise in the mining and natural resources sector of the energy industry.
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December 05, 2024
DEI Provision Dooms Boeing's 737 Max Plea Deal
A Texas federal judge on Thursday rejected Boeing's plea agreement in its 737 Max criminal conspiracy case, finding flaws in how the U.S. Department of Justice intended to use race and diversity to select an independent compliance monitor to oversee Boeing, and how the court was cut out of that process.
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December 04, 2024
Some Religious Gathering Limits Are OK, Texas Justices Told
The city of San Antonio hit back Wednesday at Native American church members' reliance on a Texas constitutional amendment banning limitations on religious services, telling the Texas Supreme Court that the amendment must be viewed in the context of COVID-19 restrictions.
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December 04, 2024
Intel, VLSI Agree To Pause Del. IP Fight Ahead Of Texas Trial
Prodded by a federal judge in Delaware, Intel Corp. and VLSI Technology LLC agreed Wednesday to stay motions to dismiss or transfer an Intel Corp. suit over claims that it already holds licenses to patents that VLSI asserts it controls, as a similar patent battle moves forward in Texas.
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December 04, 2024
Acima Can't 'Outrace' CFPB To Texas Court, Utah Judge Says
A Utah federal judge has smacked down a bid by Rent-A-Center affiliate Acima to move its fight against a Consumer Financial Protection Bureau lawsuit to Texas, where the lease-to-own fintech filed a slightly earlier, preemptive challenge to the agency's jurisdiction that remains pending.
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December 04, 2024
Yelp Blasts Paxton's Anti-Abortion Center Suit As 'Bad Faith'
Yelp is urging the Ninth Circuit to revive its bid to block Texas Attorney General Ken Paxton's lawsuit alleging the review service misinformed users with disclaimers about limited medical services at crisis pregnancy centers, arguing Wednesday it should've been allowed to pursue discovery to show Paxton sued in bad faith.
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December 04, 2024
Meta Persuades PTAB To Ax 2 Earphone Patents
The Patent Trial and Appeal Board has found that Meta was able to show that every claim in a pair of earphone patents owned by Eight kHz is invalid, holding they are obvious.
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December 04, 2024
5th Circ. Probes $8M Payout For Allegedly Undelivered Services
An investment company on Wednesday found itself before the Fifth Circuit having to justify paying $7.7 million for allegedly undelivered services from an affiliate, as it appeals a $2.6 million bill it got hit with for prematurely ending a contract.
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December 04, 2024
Alex Jones Atty Needs 30-Day Suspension, Ethics Boss Says
The lead Connecticut attorney in Infowars host Alex Jones' Sandy Hook defamation trial should be suspended for 30 days for directing a subordinate to transmit the victims' personal medical records to other Jones attorneys, the state's legal ethics watchdog said Wednesday.
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December 04, 2024
Feds Say 5th Circ. Ruling Can't Save Iowa's Immigration Law
The Biden administration told the Eighth Circuit on Wednesday that a recent Fifth Circuit decision barring federal border agents from removing Texas' wire barriers has no relevance to its challenge to Iowa's law criminalizing the presence of previously deported noncitizens.
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December 04, 2024
Texas High Court Suggests Atty Discipline Case Is Too Old
The Texas Supreme Court on Wednesday appeared sympathetic to a lawyer's claim that suspending her now for misconduct that occurred in Illinois in 2017 is barred by a four-year limitations statute and unfair.
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December 04, 2024
5th Circ. Won't Revive Prison Psychologist's Sex Bias Suit
The Fifth Circuit refused to reinstate a former Federal Bureau of Prisons psychologist's suit claiming she was harassed and discriminated against for complaining about her supervisor's inappropriate relationships with female colleagues, saying she hadn't backed up her bias allegations with evidence that men were treated better.
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December 03, 2024
Texas Judge Blocks 'Quasi-Orwellian' Anti-Laundering Law
A Texas federal judge on Tuesday halted the Biden administration's roll-out of new reporting requirements aimed at unmasking anonymous shell companies, granting a nationwide preliminary injunction sought by business interests challenging their constitutionality.
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December 03, 2024
Mich. AG Deal, NIH 4th Circ. Win And X Corp Bid In HIPAA Row
Michigan's attorney general has agreed not to hold a Christian healthcare provider accountable to certain antidiscrimination protections related to gender and sexuality while the provider challenges them in court. Meanwhile, a New York federal judge decided to keep the largest anesthesiology provider in the U.S. on the hook for antitrust claims over its noncompete agreements with clinicians.
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December 03, 2024
Samsung Foe Wants More Money After $192M Patent Win
A small Silicon Valley outfit that makes wireless chargers wants U.S. District Judge Rodney Gilstrap to potentially triple the $192 million willful infringement verdict the company won against Samsung, citing the smartphone maker's "egregious" conduct during trial in Texas federal court in Marshall.
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December 03, 2024
Feds, Nuke Storage Co. Ask Justices To Nix Bar On Waste Site
The U.S. Nuclear Regulatory Commission and Interim Storage Partners LLC are urging the U.S. Supreme Court to reverse a Fifth Circuit ruling barring a license for the company to temporarily store spent nuclear fuel at a site in Texas's Permian Basin.
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December 03, 2024
SEC Says Biopharma's Cooperation Helped It Avoid Penalty
A Houston biopharmaceutical company accused of misleading investors about the regulatory status of two cancer drugs agreed to settle the U.S. Securities and Exchange Commission's action against it on Tuesday without paying a dime, in recognition of what the SEC said was the company's self-reporting and cooperation with investigators.
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December 03, 2024
5th Circ. Judge Doubts Deepwater Horizon Claims Can Survive
A Fifth Circuit judge on Tuesday questioned whether cleanup workers' claims following the 2010 Deepwater Horizon oil spill can survive in the face of a demanding evidence standard adopted from toxic tort cases.
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December 03, 2024
Chancery Orders Revenue Trust For Healthcare Co. 'Poaching'
A home health company formed through secret poaching by an allegedly disloyal former CEO, two officers and two private equities has been ordered to earmark much of its future revenue to a trust for the corporate victims, in a Delaware Court of Chancery ruling that described the subterfuge as "stunning."
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Meta, Jawbone Strike Deal Ending VR Headset Patent Case
Meta Inc. said Tuesday it has reached a settlement with Jawbone Innovations to end a lawsuit in Texas federal court claiming its virtual reality headsets infringe a series of Jawbone's patents.
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December 03, 2024
Texas Continues Fighting Public Charge Definition In 5th Circ.
Texas is appealing a federal judge's ruling that it can't challenge the Biden administration's reversal of a Trump-era immigration wealth test, even though the U.S. Supreme Court previously passed on an earlier bid by the state to revive the policy.
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December 03, 2024
$116M Fine Ignores 100-Year Precedent, Texas Justices Told
A trucking company seeking to escape a $116 million jury verdict that found it liable for a fatal crash told the Texas Supreme Court on Tuesday that the verdict disregards a nearly 100-year-old legal standard for determining negligence.
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December 03, 2024
Walgreens Settles Call Center Workers' Unpaid OT Suit
An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.
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December 03, 2024
Intel's License Fight With VLSI In Texas Gets May Trial Date
A Texas federal judge has set a May trial date for Intel's claim that it already has a license to VLSI's chip patents in their multibillion-dollar dispute.
Expert Analysis
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11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims
While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Crypto.com's Suit Against SEC Could Hold Major Implications
Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.