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Texas
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January 22, 2025
Justices Skeptical Of 'Moment Of Threat' Rule In Use Of Force
The U.S. Supreme Court on Wednesday appeared inclined to reject a legal doctrine under which courts looking at a police officer's use of deadly force only need to consider the officer's perception of danger at the precise moment force was used.
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January 22, 2025
Alex Jones Asks Conn. Justices To Review Sandy Hook Case
Infowars host Alex Jones has asked Connecticut's highest court to review a $1.44 billion judgment for calling the Sandy Hook school massacre a "hoax," arguing his trial judge violated the state and federal constitutions by skipping causation, jumping straight to a default liability judgment and adding damages without proof.
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January 22, 2025
Exxon Says Investors Shared Confidential Info With Ex-Worker
Exxon Mobil Corp. has urged a Texas federal judge to reject investors' broad reading of what confidential information they're allowed to share and with whom in litigation accusing the oil giant of overvaluing its Permian Basin holdings by billions of dollars.
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January 22, 2025
Trump Order Moots DHS Parole Program Case, 5th Circ. Told
Among President Donald Trump's first-day executive orders is a mandate that likely moots a challenge to a Biden administration parole program set to go before the Fifth Circuit next month, the federal government told the court Tuesday.
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January 22, 2025
5th Circ. Sends Beck Redden Malpractice Suit To State Court
The malpractice suit a disbarred Texas attorney brought against his former counsel belongs in state court, the Fifth Circuit has determined, declining to reconsider a December ruling that remanded a Texas federal judge's order throwing out claims against Beck Redden LLP, finding the Southern District of Texas lacked jurisdiction.
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January 22, 2025
Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.
Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.
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January 21, 2025
Union Hits Kinder Morgan With Counterclaim In Firing Fight
The United Steelworkers hit energy infrastructure giant Kinder Morgan with a counterclaim asking a Texas federal judge to enforce an employee discipline arbitration decision that the company has challenged in court.
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January 21, 2025
Jury Finds No Infringement In $2B IP Case Against Samsung
Wireless communication patent owner Headwater Research could not convince a Texas federal jury that Samsung infringed one of its patents in a suit claiming the South Korea-based company should have to pay $1.95 billion.
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January 21, 2025
FDA Says 3 States' Mifepristone Suit Can't Be In Texas
The U.S. Food and Drug Administration has renewed its effort to dismiss three states' challenge of the agency's approval of abortion medication mifepristone, arguing that the states have no plausible connection to the Northern District of Texas.
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January 21, 2025
Ex-FCC Members Oppose 5th Circ. Universal Service Ruling
A bipartisan group of eight former members of the Federal Communications Commission is urging the U.S. Supreme Court to overturn a Fifth Circuit ruling that found the mechanism for funding the FCC's universal service subsidies unconstitutional.
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January 21, 2025
Asset Type Immaterial To Crypto Fraud Claims, SEC Says
The U.S. Securities and Exchange Commission has argued that digital assets referenced in its fraud case in Texas against the principals of a purported cryptocurrency mining operation are "immaterial to the economic reality" of the allegedly fraudulent securities transactions at the heart of its action.
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January 21, 2025
Texas Sues Biden Administration Over Offshore Drilling Ban
Texas sued the Biden administration one last time during the administration's final hours, saying in a complaint Monday that orders banning oil and gas leasing in more than 625 million acres of federal waters run "afoul of the Constitution."
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January 21, 2025
Justices Doubt Retailers Are 'Bystanders' In FDA Challenge
Several U.S. Supreme Court justices appeared to agree Tuesday that Texas and Mississippi retailers could join a North Carolina e-cigarette manufacturer in challenging the U.S. Food and Drug Administration's denial of its marketing application, and Justice Clarence Thomas questioned the agency's motivation to argue otherwise.
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January 21, 2025
FTC Gives Nod To Chevron's $53B Hess Buy, With Conditions
The Federal Trade Commission has formally approved a consent order resolving antitrust concerns over Chevron Corp.'s planned $53 billion acquisition of Hess Corp., one that bars CEO John Hess from joining the combined company's board.
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January 21, 2025
Justices Won't Review If Codes In Laws Can Be Copyrighted
The U.S. Supreme Court on Monday passed on a case that asked the justices whether a Canadian nonprofit's technical standards and codes lose copyright protection once they are incorporated into government laws.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Red States Challenge DOE Rule On Gas Heater Efficiency
Several red states and industry groups are challenging the Biden administration in its waning days over a final rule the U.S. Department of Energy has issued on making certain natural gas water heaters more energy efficient, asking the Eleventh Circuit to toss the rule in a petition for review filed Friday.
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January 17, 2025
Real Estate Recap: Trump Policy Priorities, Natural Disasters
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including policy expectations under President Donald Trump and the way natural disasters such as the LA wildfires are shaping commercial real estate deals.
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January 17, 2025
5th Circ. Finds DACA Unlawful, Limits Ruling To Texas
The Fifth Circuit on Friday affirmed a Texas federal court's finding that the Deferred Action for Childhood Arrivals program is unlawful but limited its ruling to Texas, saying the state was the only one to show it was injured due to DACA.
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January 17, 2025
Albright Clears Cisco At Close Of $121M Network Patent Trial
Cisco prevailed Thursday in a trial alleging that it owed $121 million for infringing a Corrigent Corp. communications network patent, when Western District of Texas Judge Alan Albright granted Cisco's motion arguing that Corrigent failed to prove its case.
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January 17, 2025
States Ask To Join Suit To Uphold Gun Show Loophole Closure
Over a dozen states asked a Texas federal judge for permission to join a suit over the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' rule closing the so-called gun show loophole, saying in a motion that the incoming Trump administration wouldn't properly defend the rule.
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January 17, 2025
Red States And Oil Groups Attack Biden's Coastal Drilling Ban
Louisiana-led states and fossil fuel groups are asking a federal judge in the Pelican State to scrap a pair of Biden administration memos that recently banned new oil and gas leasing across more than 625 million acres of federal waters.
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January 17, 2025
DC Circ. Seems Of Split Mind On EPA Air Compliance Suit
The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.
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January 17, 2025
DOJ Wants No Jail Time For Cross-Border Monopoly Member
The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.
Expert Analysis
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Jarkesy May Short-Circuit FERC Enforcement Cases
As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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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.