Texas

  • February 04, 2025

    FCC Drops 5th Circ. Defense Of Nonbinary Gender Category

    The Federal Communications Commission will no longer defend a nonbinary gender category on its employment diversity forms amid challenges brought by religious broadcasters in the Fifth Circuit, where judges grilled the FCC on Tuesday about its authority to collect and publish industry data on employee diversity.

  • February 04, 2025

    5th Circ. Mulls If Green Orgs. Have Injury In Injection Well Case

    A Fifth Circuit panel pondered whether environmental groups will suffer an injury adequate to challenge underground injection wells in Louisiana, asking during oral arguments Tuesday whether the groups can bring a legal claim for an event 50 years down the road.

  • February 04, 2025

    5th Circ. Asks Why EPA Stalled Denial Of Texas Ozone Plan

    A Fifth Circuit panel pushed the U.S. Environmental Protection Agency on Tuesday to specify why it had dragged its feet before denying Texas' Clean Air Act implementation plans, asking during oral arguments how long the agency can "sit on" the plans.

  • February 04, 2025

    5th Circ. Backs Biden's Gov't Contractor Wage Hike

    The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.

  • February 04, 2025

    McKesson Paying $850M For Top Stake In Eye Health Co.

    Irving, Texas, healthcare services company McKesson Corp. said Tuesday it had agreed to buy a controlling interest in PRISM Vision, an ophthalmology services provider, from private equity firm Quad-C for $850 million. 

  • February 04, 2025

    US Trustee Wants Stay For Container Store Plan Appeal

    The U.S. Trustee's Office asked a Texas bankruptcy judge to put The Container Store's Chapter 11 plan on hold while it appeals his decision that a creditor's failure to opt out of the plan's third-party releases constitutes consent to those releases.

  • February 04, 2025

    Exploration Co. Wants Sanctions Over Atty DQ Attempt

    An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.

  • February 04, 2025

    NLRB Attys Won't Address Member Removal In 5th Circ. Row

    National Labor Relations Board attorneys told the Fifth Circuit that they won't defend NLRB members' firing protections at a Feb. 5 hearing on the agency's constitutionality in the wake of the president's removal of a board member and appointment of a new acting prosecutor.

  • February 04, 2025

    PE-Backed Identity Software Firm SailPoint Primes $1B IPO

    Cybersecurity firm SailPoint on Tuesday unveiled plans for an estimated $1 billion initial public offering that would mark its return to public markets three years after a private-equity buyout, represented by Kirkland & Ellis LLP and the underwriters' counsel, Davis Polk & Wardwell LLP.

  • February 04, 2025

    Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law

    Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.

  • February 04, 2025

    Greenberg Traurig Biz Pro Joins Holland & Knight In Texas

    Holland & Knight LLP announced Tuesday that it has fortified its corporate mergers and acquisitions and private equity practice with an Austin, Texas-based partner who came aboard from Greenberg Traurig LLP.

  • February 04, 2025

    Veteran Energy Attorney Joins Baker Botts In Austin

    Baker Botts LLP announced Tuesday that an experienced energy attorney who's spent over 30 years working in various government and private practice roles has joined the firm's office in Austin, Texas, as a partner.

  • February 04, 2025

    Steptoe & Johnson Adds Business Duo In Dallas

    Steptoe & Johnson PLLC has bolstered its business department in Dallas with a pair of corporate attorneys, one who joined from Carrington Coleman Sloman & Blumenthal LLP and one who arrived from Cowles & Thompson PC.

  • February 04, 2025

    Pearl Energy Closes $999.9M Fund, Tioga Raises $125M

    Kirkland & Ellis LLP-advised Pearl Energy Investments on Tuesday revealed that it clinched its fourth flagship fund after securing $999.9 million in investor commitments, while Atlanta-based multi-strategy real estate investment firm Tioga Capital closed its fourth fund after raising $125 million in capital commitments.

  • February 04, 2025

    Shell Workers' 401(k) Suit Gets Class Nod, But No Early Wins

    A Texas federal judge awarded class certification to more than 10,000 current and former Shell Oil Co. workers in their suit claiming the energy behemoth mismanaged their $10 billion 401(k) plan, but he declined to grant either side early wins.

  • February 03, 2025

    5th Circ. Panel Split On NLRB Case After Post-Loper Remand

    Members of a Fifth Circuit panel appeared split Monday about whether to once again uphold a National Labor Relations Board decision letting its acting prosecutor pull a pending suit in the wake of the U.S. Supreme Court's decision last year to scale back courts' deference to federal agencies.

  • February 03, 2025

    Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'

    U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."

  • February 03, 2025

    Del. Justices Agree Conduent Fraud Verdict Wasn't Proper

    Delaware's Supreme Court on Monday affirmed a Superior Court judge's ruling setting aside a jury verdict that Delaware-chartered Conduent State Healthcare LLC tried to defraud insurers after paying a $236 million Medicaid settlement in Texas.

  • February 03, 2025

    Texas' Bid To Launch Stock Exchange Moves Forward

    As the owner of the new Texas Stock Exchange LLC gears up to begin trading by next year, capital markets attorneys are closely watching how the company plans to penetrate a market long dominated by two New York-based juggernauts.

  • February 03, 2025

    5th Circ. Won't Revisit HHS Win On Scope Of ACA

    The Fifth Circuit has declined to conduct an en banc rehearing after an appellate panel upheld a U.S. Department of Health and Human Services rule that said the Affordable Care Act forbids against transgender bias in healthcare, but one judge argued the court got its analysis wrong.

  • February 03, 2025

    DOJ's LA Fitness ADA Suit May Be 'Inadequate,' Judge Says

    A California federal judge expressed doubts Monday about the U.S. Department of Justice's lawsuit alleging that LA Fitness failed to accommodate patrons with disabilities and said the court so far finds the pleadings to be "inadequate" in arguing there is a "pattern and practice" of discrimination.

  • February 03, 2025

    Texas Can Help Feds With Noncitizen Arrests, Judge Says

    A Texas federal judge has modified an injunction blocking a controversial Texas immigration law to clarify that law enforcement in the Lone Star State can help federal agencies with initiatives to arrest and detain unauthorized immigrants.

  • February 03, 2025

    CFPB Small Biz Rules Outstrip Authority, 5th Circ. Hears

    The Texas Bankers Association asked a Fifth Circuit panel on Monday to kill the Consumer Financial Protection Bureau's new small business minority data rule during oral arguments, while the panel questioned what to do with the case given the agency's leadership change.

  • February 03, 2025

    Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit

    A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.

  • February 03, 2025

    USAA Fails To Flip PTAB Loss In $218M EDTX Case

    Federal Circuit judges decided Monday to affirm an administrative board's rulings that wiped out claims in two patents, including one that is tied to a $218.45 million jury verdict leveled against PNC Bank in a patent case in the Eastern District of Texas.

Expert Analysis

  • Takeaways From SEC's Mixed Results In '24 Crypto Litigation

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    Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • Reviewing The High Court's Approach To Free Speech Online

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    As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • A Guide To Significant 2024 Data Broker Legal Developments

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    2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • How Changes In State Gift Card Laws May Affect Cos. In 2025

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    2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

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