Texas

  • 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.

  • January 16, 2025

    Paxton-Tied Developer Pleads Guilty In Bank Fraud Case

    A real estate developer whose ties to Texas Attorney General Ken Paxton were central to his 2023 impeachment case pled guilty Wednesday to unrelated charges of making false statements to a mortgage lender.

  • January 16, 2025

    Paxton Seeks To Nix Ethics Case After Deputy Beats Suit

    Texas Attorney General Ken Paxton asked the Texas Supreme Court to toss an ethics case against him over a lawsuit challenging 2020 election results, saying the matter fails on the same separation of powers grounds that the court recently cited in nixing a similar case against his first assistant.

  • January 16, 2025

    Biden's Imprint On The Judiciary In 6 Charts

    President Joe Biden leaves office with 235 lifetime judges confirmed, just one more than President Donald Trump seated during his first term, and many firsts for diversity.

  • January 15, 2025

    Alaska Says Death Of USF Would Be 'Devastating' For State

    The people of Alaska will suffer if the U.S. Supreme Court does not undo a Fifth Circuit decision demolishing the Federal Communications Commission's multibillion-dollar subsidy fund, which reduces phone and internet costs for schools, libraries and low-income households, the state has told the justices.

  • January 15, 2025

    Foes Of Expanded Oil Facility Face Texas Panel's Tough Queries

    A Texas appeals court directed some pointed questions to environmental groups seeking to challenge an oil facility's expansion during oral arguments Wednesday, saying facilities like the one in question have to go somewhere or else "the Europeans will starve in the cold this winter."

  • January 15, 2025

    Fed. Circ. Upholds Semiconductor Co.'s PTAB Win Over Chip IP

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that semiconductor company Microchip Technology had shown that some claims of an HD Silicon Solutions microprocessor patent are invalid as obvious.

  • January 15, 2025

    Sidley-Led Flowco Raises $427M In Year's First Major IPO

    Oilfield equipment and services provider Flowco Holdings Inc. on Wednesday priced a $427 million initial public offering above its range, represented by Sidley Austin LLP and underwriters' counsel Latham & Watkins LLP, marking the year's first sizable IPO.

  • January 15, 2025

    Block Pays Regulators $80M Over Cash App AML Compliance

    Jack Dorsey's fintech company Block Inc. has reached an $80 million settlement over alleged anti-money laundering compliance failures by its mobile payments platform Cash App, a coalition of state banking regulators announced Wednesday.

  • January 15, 2025

    Legislators Say Transparency Act Defies First Amendment

    The Corporate Transparency Act is an unnecessary intrusion into the First Amendment rights of Americans, U.S. Sen. Thom Tillis, R-N.C., and 13 House members told the Supreme Court in seeking to maintain an injunction issued in December.

  • January 15, 2025

    Noncompete Ban Has A Defender In Wings If Trump FTC Won't

    Entrepreneurs group Small Business Majority wants the Fifth and Eleventh circuits to let it intervene to defend the Federal Trade Commission's currently blocked noncompetes ban if FTC Republicans stop arguing for the rule as expected once they take power.

  • January 15, 2025

    Maxell Battery Patent Sinks At Federal Circuit

    Japanese consumer electronics outfit Maxell on Wednesday failed to persuade Federal Circuit judges to change anything about a patent board ruling that wiped out all the claims in a battery patent asserted in a suit against a Chinese rival.

  • January 15, 2025

    Acting USPTO Head Corrects Errors In PTAB Samsung Denial

    The U.S. Patent and Trademark Office's acting director has found that the Patent Trial and Appeal Board made incorrect statements when it refused to review a display patent challenged by Samsung due to an upcoming Texas trial, but still left the denial intact.

  • January 15, 2025

    Justices Struggle With Tech Advances In Texas Porn Law Row

    Several U.S. Supreme Court justices on Wednesday focused on how a decadesold brick-and-mortar precedent applies to a Texas law requiring age verification on porn websites while struggling to reconcile technological advancements with First Amendment protections.

  • January 15, 2025

    Texas Court Unsure State Can Shutter Immigrant Nonprofit

    A Texas appellate court seemed doubtful Wednesday that the state attorney general has authority to shut down a nonprofit over its political speech, with the justices suggesting that Texas might be blurring the line between state and federal nonprofit oversight.

  • January 15, 2025

    SMU Can't Chuck 100-Year Ties To Church, Justices Suggest

    Texas Supreme Court justices piled questions on Southern Methodist University over its split with the United Methodist Church, saying during oral arguments Wednesday that the school seemingly used "clever lawyering" over a "hot button political issue" to wrestle control from the church.

  • January 15, 2025

    Greenberg Traurig Adds 2 Corporate Pros In Texas

    Greenberg Traurig LLP is expanding its Texas corporate team, announcing Wednesday it is bringing in a Sheppard Mullin Richter & Hampton LLP dealmaker and a Kirkland & Ellis LLP private equity pro as shareholders in Dallas and Austin, respectively.

Expert Analysis

  • 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.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

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