Texas

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Striking A Balance Between AI Use And Attorney Well-Being

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    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.

  • Insurance Industry Impacts If DOL Fiduciary Rule Is Revived

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    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.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    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.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    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.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    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.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    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.

  • How Attorneys Can Break Free From Career Enmeshment

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    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.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    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.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    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.

  • Crypto.com's Suit Against SEC Could Hold Major Implications

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    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.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    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.

  • Biden Green Card Program Unlikely To Advance Post-Election

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    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.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    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.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    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.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    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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