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October 24, 2024
State Farm Agrees To Settle Immigration Bias Row With DOJ
The U.S. Department of Justice said Thursday that State Farm Mutual Automobile Insurance Co. will pay $30,000 in back pay and penalties to settle claims that one of its Texas corporate offices fired a worker for flagging citizenship discrimination.
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October 24, 2024
Meet The Candidates Vying For Texas Supreme Court Seats
A trio of Republican incumbents are looking to maintain the full GOP makeup of the Texas Supreme Court in next month's general election amid challenges from Democratic candidates looking for promotions from lower state courts.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 24, 2024
Southwest Shakes Up Boardroom In Deal With Activist Elliott
Southwest Airlines on Thursday announced a board shake-up, marking the latest of the airline's moves as part of its "transformational" plan amid pressure from activist investor Elliott Investment Management.
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October 24, 2024
ConvergeOne Can't Ax Snubbed Creditors' Ch. 11 Plan Appeal
A Texas federal judge said he wouldn't toss an appeal by a group of secured creditors who say they were improperly iced out of a new equity offering pool for ConvergeOne, writing that the group's challenge wouldn't unravel the reorganized information technology services company's confirmed Chapter 11 plan or harm third parties.
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October 24, 2024
Hemp Industry Group Sues Texas City, DEA Over Raids
A hemp industry trade group has sued the city of Allen, Texas, and the U.S. Drug Enforcement Administration in Texas federal court, alleging they raided and seized a small business' hemp inventory and arrested its manager in violation of state and federal law.
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October 24, 2024
Cleary-Led Keurig Buying Ghost Energy For $1B-Plus
Cleary Gottlieb-led Keurig Dr Pepper said Thursday it has agreed to purchase Winston & Strawn LLP-advised energy drink purveyor Ghost in a two-part transaction that will include the upfront purchase of a 60% stake in Ghost for $990 million, followed by the purchase of the remaining 40% stake in 2028.
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October 23, 2024
Amazon Challenges Expert In $136M Ad Patent Case Defeat
Amazon has asked U.S. District Judge Alan Albright to overturn a jury verdict behind a $136 million judgment it owes for infringing patents covering online ad space auctions, saying the small advertising software plaintiff's expert couldn't back up his infringement finding.
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October 23, 2024
Patent Owner Fed Up With Fed. Circ's 1-Word Decisions
A patent owner has urged the U.S. Supreme Court to review the Federal Circuit's one-word decision affirming summary judgment in favor of TD Ameritrade in a high-stakes patent fight, saying the appellate court is routinely and summarily affirming orders that ignore factual disputes in patent cases, without explanation.
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October 23, 2024
Acer Wants To Erase $10M Verdict Over Computer Monitor IP
Taiwan's Acer Inc. wants to wipe out a jury's $10.3 million award for U.S. rival SVV Technology Innovations Inc. over optical-film patents for monitors, telling a Texas federal judge a new trial is needed.
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October 23, 2024
Investor Tied To Texas AG Seeks Investigation Info From Feds
Real estate investor Nate Paul is looking to get more information from federal prosecutors about their investigation into federal fraud charges he's facing — topics that featured prominently during the failed impeachment of Texas Attorney General Ken Paxton — according to court filings from U.S. Attorney's Office employees.
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October 23, 2024
Dallas Judge Denies Nightclub's TRO, Citing 'Gamesmanship'
An attorney who owns a Dallas nightclub shouldn't have waited until 6 a.m. Wednesday to alert the city attorney's office about a hearing in the club's effort to stall the city council's vote on zoning approval, a state judge said during the hearing, calling it "gamesmanship."
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October 23, 2024
Telecom Group Sues To Cancel FTC's 'Click To Cancel' Rule
A major cable and internet industry group and others sued the Federal Trade Commission Wednesday over its new "click to cancel" rule, asking the Fifth Circuit to vacate the regulation one week after it was adopted in a 3-2 commission vote.
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October 23, 2024
Texas Sues Biden Admin. To Get Voter Citizenship Status Data
Texas is hauling the U.S. Department of Homeland Security into court again, this time over allegations that the agency has refused to turn over information pertaining to the citizenship status of registered voters in the Lone Star State.
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October 23, 2024
PE-Backed Cheerleading Co. Sued Over Data Breach Failures
Varsity Brands Inc., a cheerleading apparel company, faces a proposed class action in Texas federal court over its handling of a data breach that put personal information of customers in the hands of hackers.
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October 23, 2024
Judge Says Ex-Steward Hospital Nurse Row Out Of His Hands
A Texas bankruptcy judge Wednesday declined to order the new owner of former Steward Health Care hospitals in Massachusetts to take back changes to nurses' union contracts it assumed under his sale order, saying it wasn't up to him to make the call.
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October 23, 2024
Fired Norton Rose Worker Ends Suit Over COVID Vax Mandate
A Texas federal judge on Wednesday signed off on a former Norton Rose Fulbright IT worker's agreement to drop his lawsuit, which accused the firm of discriminating against the ex-employee when it fired him after he refused to get a COVID-19 vaccine because he didn't feel peace with the Holy Spirit about being inoculated.
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October 23, 2024
EPA Can't Restart Crafting Smog Rule, DC Circ. Told
A group of Democratic-led state governments is telling the D.C. Circuit that the Clean Air Act doesn't mandate reconsideration of the U.S. Environmental Protection Agency's 2023 "Good Neighbor" emissions regulation as two steel manufacturers say.
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October 23, 2024
Jones Day Brings Back RE Ace In Dallas From Winstead
Jones Day announced Wednesday that it is boosting its real estate offerings in Dallas with a returning attorney whose regional knowledge and industry experience will be a "real asset" to clients and who previously practiced in the area with Winstead PC.
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October 23, 2024
Kirkland Adds Freshfields Atty To Boost Private Credit Bench
Kirkland & Ellis LLP has welcomed an expert in leveraged finance from Freshfields Bruckhaus Deringer LLP, saying Wednesday that his diverse practice will strengthen the firm's liability management and opportunistic credit practices and support its position in the growing private credit sector.
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October 23, 2024
5th Circ. Upholds Workers' Win In Health Co. Wage Suit
A group of workers for an at-home healthcare company are employees, not independent contractors, a Fifth Circuit panel ruled, affirming a Louisiana federal court decision in three consolidated cases claiming the company cheated workers out of overtime.
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October 23, 2024
Top Frontier Investor Calls $20B Price Tag A 'Steal' For Verizon
Frontier Communications shareholder Glendon Capital Management sent a letter to Frontier's board on Wednesday stating the company is currently worth at least $26 billion, 30% higher than the $20 billion value implied by Verizon's planned buyout, as Glendon aims to prevent Verizon from "walking away with a steal."
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October 22, 2024
Texas Firm 'Tortured' Barratry Case, Appeals Court Hears
A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.
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October 22, 2024
Texas Rebar Giant Accused Of Crushing Rivals As Trial Opens
Pacific Steel Group's counsel told a California federal jury during trial openings Tuesday that Texas rebar giant Commercial Metals Co. used anticompetitive tactics to "crush" competition and drive up rebar prices in the Golden State, while CMC's counsel said evidence will show PSG can only blame itself for its problems.
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October 22, 2024
Ex-Worker Says DOJ Retaliated Over Accommodation Request
A former human resources officer in the Southern District of Texas lodged a retaliation suit against the U.S. Department of Justice on Tuesday, claiming she had to wait 100 days for her post-traumatic stress disorder-related accommodation request to be approved.
Expert Analysis
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Tips For Lenders Offering Texas Home Equity Lines Of Credit
As interest in home equity lines of credit increases, lenders seeking to utilize such products in Texas must be aware of state-specific requirements and limitations that can make it challenging to originate open-end lines of credit on homestead property, says Tye McWhorter at Polunsky Beitel.
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.