Texas

  • January 17, 2025

    Texas-Led States Join Challenge To EPA Methane Tax

    A coalition of Texas-led states has joined a slew of industry groups challenging a U.S. Environmental Protection Agency rule that imposes fees oil and gas companies must pay if their methane emissions exceed certain thresholds.

  • January 17, 2025

    Up Next At High Court: Forum Shopping & TCPA Definitions

    The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.

  • January 17, 2025

    PE Firm Resolves FTC's Antitrust Anesthesia Roll-Up Case

    Private equity firm Welsh Carson Anderson & Stowe agreed to limit its involvement, entanglement and ownership rights with its portfolio company U.S. Anesthesia Partners Inc. to resolve allegations they engaged in a "roll-up" scheme to buy anesthesiology practices in Texas and drive up costs, the Federal Trade Commission said Friday.

  • January 17, 2025

    Crypto Coder Sues Feds To Block 'Money Transmitter' Label

    Crypto policy think tank Coin Center is supporting one of its fellows in suing the federal government over its allegedly "mistaken view" of how criminal money transmission statutes apply to crypto software.

  • January 17, 2025

    Pot Labs Say Mass. Co. Sold Dud Test Devices In $286M Suit

    The owners of more than two dozen cannabis testing labs across the United States and Canada have accused PerkinElmer Health Services Inc. of knowingly selling them equipment that it knew was incapable of handling the sort of tests the labs performed.

  • January 17, 2025

    Fed. Circ. Won't Force Judge To Hold Trial In Viasat's IP Suit

    The Federal Circuit on Friday shot down Viasat's petition that sought an order requiring Waco, Texas' U.S. District Judge Alan Albright to hold a trial in its flash memory patent suit against Japanese memory device company Kioxia.

  • January 17, 2025

    Hospice Compliance Program Uses Faulty Data, Providers Say

    A Biden administration regulation that resulted in a list of hospice providers who fail to meet certain standards erroneously includes high-performing facilities because of its flawed algorithm, a group of hospice facilities in multiple states alleged.

  • January 17, 2025

    Meet The Key Players In Tom Goldstein's Tax-Crimes Case

    The tax-evasion indictment of U.S. Supreme Court expert lawyer and SCOTUSblog publisher Tom Goldstein features an eclectic cast of characters linked to his purported side career as a high-stakes poker player, including law firm partners, professional gamblers, a Texas billionaire, a movie producer and an actor.

  • January 17, 2025

    Justices To Hear Ex-Marine's Bid For PTSD Compensation

    The U.S. Supreme Court on Friday agreed to take up the appeal of a former U.S. Marine who says that the Federal Circuit misstepped by limiting the retroactive special compensation he could receive for combat-related post-traumatic stress disorder to six years because he filed late.

  • January 17, 2025

    Taxation With Representation: Simpson Thacher, Covington

    In this week's Taxation With Representation, Eli Lilly and Co. buys a precision breast cancer program, Applied Digital Corp. enters a financing agreement for its high-performance computing business, Clearwater Analytics buys Enfusion, and Lantheus Holdings Inc. buys Life Molecular Imaging Ltd.

  • January 17, 2025

    What To Expect From Trump's Judicial Nominations

    President-elect Donald Trump is taking office with 45 judicial vacancies, which is far less than the 100 plus seats he came in with in 2017, but more seats could open up if a fair number of sitting conservatives take the opportunity to ensure a Republican president names their successor.

  • January 17, 2025

    Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal

    In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.

  • January 17, 2025

    Vanguard To Pay SEC, States $106M Over Surprise Tax Bills

    The U.S. Securities and Exchange Commission was joined by dozens of state regulators Friday in announcing a $106.4 million settlement with The Vanguard Group Inc. over claims that the company misled investors about the heightened capital gains taxes they would have to pay on certain retirement savings accounts.

  • January 16, 2025

    IP Forecast: Mass. Court To Hear Inequitable Conduct Fight

    A federal judge in Massachusetts will hear arguments that a CEO’s “intentional misrepresentations, omissions and half-truths” at the patent office should sink his company’s infringement case over tamper-resistant plastic containers. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.

  • January 16, 2025

    Texas Judge Says 3 States Can Pursue Mifepristone Suit

    A Texas federal judge said Thursday that Idaho, Missouri and Kansas can continue to challenge federal approvals for the abortion medication mifepristone in Texas federal court after private plaintiffs dropped their claims.

  • January 16, 2025

    Nicaragua Co. In Solar Row Asks Texas Justices For New Trial

    A Nicaragua company tapped to build a solar park in that country asked the Texas Supreme Court to wade into its long-running dispute with companies that allegedly conspired to sell it tens of thousands of counterfeit solar panels.

  • January 16, 2025

    FDIC Case Belongs In Fed. Court After Jarkesy, 5th Circ. Told

    A former Herring Bank executive argued in a Fifth Circuit brief that the Federal Deposit Insurance Corp.'s in-house enforcement proceedings against him denied him his right to a jury trial in federal court, saying the allegations against him involve legal issues that have historically been decided by juries.

  • January 16, 2025

    Texas Justices Question If Courts Can Rethink TCPA Motions

    Texas justices questioned whether a trial court can reconsider a motion under the state's anti-SLAPP law to dismiss a farmland-centered REIT's suit against a Dallas-based hedge fund, saying during oral arguments Thursday that allowing it to do so might create a "big hammer" hanging over the parties' heads.

  • January 16, 2025

    Allstate Hit With Class Action Over Driver Data Collection

    Allstate illegally obtained the personal driving data of millions of policyholders via software embedded in third-party apps and secretly used that data to hike premiums, deny claims or drop policyholders from coverage altogether, according to a proposed class action filed in Illinois federal court.

  • January 16, 2025

    NPE Patent Litigation Increased By 22% In 2024

    Patent lawsuits launched by nonpracticing entities shot up in 2024, with the Eastern District of Texas being the primary hotbed for such cases, according to a new report.

  • January 16, 2025

    Expert Witnesses Limited In J&J Talc Ch. 11 Dismissal Try

    A Texas bankruptcy judge limited Thursday the number of expert witnesses that can provide testimony in an upcoming hearing on talc claimants' attempt to dismiss the Chapter 11 case of Johnson & Johnson's talc unit.

  • January 16, 2025

    Texas Ozone Fight A Repeat Of 2007, EPA Tells 5th Circ.

    The U.S. Environmental Protection Agency said that Texas is feigning a misunderstanding of the Clean Air Act, saying it couldn't have hit the state with a "surprise switcheroo" because it was in an identical situation more than a decade earlier.

  • January 16, 2025

    McNair Son Wants Legal Fee Fight Set Back In Motion

    The eldest son of late Houston businessman Bob McNair asked a Texas appeals court Wednesday to reverse an order temporarily halting his litigation seeking legal fees connected to a probate case over the management of his family's companies.

  • January 16, 2025

    Hearthside Proposes $30M In Ch. 11 Key Employee Bonuses

    The bankrupt parent of snack maker Hearthside Food Solutions proposed a pair of retention and incentive payment plans that would provide up to $30 million in bonuses to key employees in the company's Texas Chapter 11 case.

  • January 16, 2025

    Calif. Law Firm Settles 2 Suits Alleging Debt Relief Fraud

    A debt relief law firm in California reached settlements Thursday in two separate lawsuits that accused the firm of charging its clients for worthless services, a little more than two weeks after the cases were brought in federal courts.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    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.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    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.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    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.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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