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Texas
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
Online Lenders, Contractor Face Service Members' Fraud Suit
California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.
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November 19, 2024
'Blackballed' Bailiff Who Reported Jury Tampering Loses Suit
A Texas appeals court on Tuesday tossed a former courtroom bailiff's suit alleging Brazoria County "blackballed" him for reporting several instances of a clerk's jury tampering, saying the county had no control over the state-elected judge who stopped assigning him as a bailiff.
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November 19, 2024
Personal Injury Atty Buzbee Accused Of Assault, Malpractice
Tony Buzbee, a high-profile Texas personal injury lawyer known for representing women who have accused Sean "Diddy" Combs and Deshaun Watson of sexual abuse, was hit with a legal malpractice suit in New York state court Tuesday alleging that he assaulted a client seeking a divorce and deprived her of millions of dollars in settlement funds.
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November 19, 2024
EEOC Says SkyWest Left Harassment Questions 'Unasked'
The Equal Employment Opportunity Commission told jurors Tuesday to "look at the questions" SkyWest Airlines didn't ask when an employee told the company she was experiencing persistent sexual harassment and that the company should've responded sooner.
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November 19, 2024
No Venue Change For Baseball Team Sale Clash
A company accused of stiffing a baseball travel team operator for $1.3 million from the purported purchase of his organization had its bid to move the case to Nebraska rejected by a Texas federal judge.
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November 19, 2024
Samsung Loses ITC Patent Case Against Chinese Screen Co.
Samsung has failed to convince a U.S. International Trade Commission judge to side with it in its intellectual property campaign against a major Chinese rival that makes replacement screens for mobile devices.
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November 19, 2024
Feds Defend BLM Authority In States' Methane Rule Challenge
The Biden administration has urged a North Dakota federal court to grant it a summary judgment win in five states' lawsuit challenging a new rule aimed at cracking down on natural gas waste, defending the rule's creation as being well within the Bureau of Land Management's statutory authority.
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November 19, 2024
Hemp Co. Hit With $100K Verdict, Loses Trade Secret Claim
A Texas jury has hit a hemp products maker with more than $100,000 in damages after finding it knowingly sold defective THC gummies to a CBD retailer and rejecting claims that the manufacturer owns a right to the rosin-based method of THC extraction.
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November 19, 2024
Raytheon Must Face Former Engineer's Age Bias Suit
Defense contractor Raytheon can't escape a former engineer's age discrimination suit claiming he was unjustly fired after he tapped a male colleague on the backside with a cafeteria tray, with a Texas federal judge saying Tuesday he wasn't convinced factual disputes in the case had been resolved.
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November 19, 2024
Fed. Circ. Backs Denial Of Video IP Injunction Against X
The Federal Circuit on Tuesday upheld a Texas federal judge's decision denying VidStream's bid to block X Corp. from deploying features that allegedly infringe its patent on a system for receiving and distributing user-generated video.
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November 19, 2024
J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show
Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.
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November 19, 2024
Alex Jones Seeks To Stop The Onion From Buying Infowars
Right-wing media fabulist Alex Jones asked a Texas bankruptcy judge to stop the sale of his Infowars website to satirical news publisher The Onion, arguing that the winning bid violated the court's bidding procedures order.
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November 18, 2024
Backup Bidder For Jones' Infowars Wants The Onion Bid DQ'd
The Alex Jones-affiliated backup Chapter 7 auction bidder for Jones' right-wing website Infowars asked a Texas bankruptcy judge Monday to disqualify the winning bid from The Onion, a satirical news website, arguing that the bid did not follow the auction procedures.
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November 18, 2024
5th Circ. Indicates DOT Airline Fees Rule May Need Reworking
A pair of Fifth Circuit judges signaled Monday that the U.S. Department of Transportation may have to rework its rule requiring airlines to more clearly disclose add-on fees upfront, suggesting that it might be too costly for airlines to comply with the mandate and consumers would be overloaded with information.
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November 18, 2024
Texas Judge Suggests Letting Influencers Battle Over 'Beige' IP
A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic."
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November 18, 2024
Texas Appeals Court Finds Telecom Laws Violate Gift Rules
A state appellate court handed dozens of Texas cities a clean-sweep victory in their fight against statewide bargains for telecommunications providers, finding Friday a state law dealing with the fees municipalities can charge telecom companies runs counter to the Texas Constitution.
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November 18, 2024
5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases
The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.
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November 18, 2024
Dispute Over Biden Admin Voting Access Order Paused
A Texas federal district court judge has paused a dispute over an executive order from the Biden administration that promotes easier access to voting after a conservative think tank said President-elect Donald J. Trump is likely to overturn the directive.
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November 18, 2024
Diddy Accusers' Atty Buzbee Accused Of Extorting Celebs
An anonymous public figure lodged a suit in Los Angeles court Monday accusing personal injury lawyer Tony Buzbee of using false rape allegations to "shake down innocent celebrities, politicians and businesspeople" who have even the smallest ties to indicted hip-hop mogul Sean "Diddy" Combs.
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November 18, 2024
5th Circ. Says Texas County Wrong To Close Court Hearings
A Fifth Circuit panel has upheld a trial court's ruling that a Texas county improperly blocked the press and public from attending criminal pretrial proceedings known as magistrate hearings, finding that the practice violates the First Amendment and harms the two news outlets and an advocacy group that brought the lawsuit.
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November 18, 2024
Bracewell Expands Tax Bench With V&E Atty In Dallas
Bracewell LLP announced Monday that it has deepened its tax department with a new partner in Dallas who came aboard from Vinson & Elkins LLP, bringing experience handling matters in energy and various other industries.
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November 18, 2024
Latham Leads Invitation Homes In $200M Acquisition JV
Latham & Watkins LLP advised Invitation Homes in forming a joint venture announced Monday to buy $200 million worth of newly constructed homes.
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November 18, 2024
Health Care Co. CareMax Hits Ch. 11 With Plans To Sell Assets
Medical services company CareMax Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing $422.6 million of funded debt and disclosing plans to sell its assets during the case.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
Expert Analysis
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.