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January 30, 2025
Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told
Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.
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January 30, 2025
Meta VR Headsets Are Not 'Wireless Telephones,' Judge Says
A federal judge in the Western District of Texas has decided Meta's Quest brand of virtual reality headsets can't be considered "wireless telephones" in a patent lawsuit just because they come preinstalled with the Messenger app, which can take calls.
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January 30, 2025
Split 5th Circ. Clears Insurers In $2.7M Flood Row
A split Fifth Circuit panel upheld a ruling finding that a general contractor and others cannot recover $2.7 million from insurers for water damage, because the flood deductible in the applicable builder's risk policy exceeded the claimed losses.
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January 30, 2025
Texas AG's Deputy Tapped For Trump's DOJ
A deputy in Texas Attorney General Ken Paxton's office has been tapped for President Donald Trump's Justice Department, Paxton announced Thursday.
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January 30, 2025
Fla. Firm's $1M Loan Dispute Returns To NJ State Court
A New Jersey federal judge has remanded a suit accusing a Florida firm and a lender of fraudulently inducing an investor to make a down payment of more than $1 million on a loan that never materialized, according to a Thursday court order.
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January 30, 2025
DOJ Challenges HPE's $14B Deal For Juniper Networks
The U.S. Department of Justice sued Thursday to block Hewlett Packard Enterprise's planned $14 billion purchase of Juniper Networks Inc. over concerns about competition for local wireless networking technology.
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January 30, 2025
Nelson Mullins Grows In Houston With Osha Bergman IP Duo
Nelson Mullins Riley & Scarborough LLP has grown its Houston attorney roster to more than 30 since setting up shop in the city last year and is continuing that expansion with two experienced intellectual property lawyers from Osha Bergman Watanabe & Burton LLP.
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January 29, 2025
SEC Wins $11.3M In Texas Oil Investment Fraud Case
A Texas federal judge ruled in favor of the U.S. Securities Exchange Commission in an 11-year-old case accusing brokers of soliciting more than 340 "partners" to invest in drilling projects that were actually unregistered investment vehicles, granting the request for over $11 million in disgorgement, interest and a civil penalty from one of the brokers and his companies.
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January 29, 2025
Allstate Says Houston Referral Site Ran Kickback Scheme
Allstate Insurance told a Texas federal court that a group of clinics ran a kickback scheme with a medical referral website, saying in a Wednesday complaint the website funneled car crash victims to clinics that overcharged in exchange for payouts.
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January 29, 2025
5th Circ. Rejects Outside Bid To Defend CFPB Small-Biz Rule
The Fifth Circuit on Wednesday stood by its decision to refuse two advocacy groups' request to help defend the Consumer Financial Protection Bureau's small business lending data rule, a day after the bureau and the suing banking trade groups pushed back and said they are fine to litigate themselves, without intervention.
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January 29, 2025
Labcorp Can't Flip Patent Board Loss At Fed. Circ.
Labcorp had no luck Wednesday trying to convince Federal Circuit judges to overturn a patent board decision that refused to invalidate a host of claims in a patent covering a way of detecting genetic disorders.
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January 29, 2025
LG Foe Loses Fed. Circ. Appeal On Image Processing Patent
The Federal Circuit shot down an appeal launched by a face detection technology patent owner over how a lower court construed claim terminology in the patent, handing a win Wednesday to LG in a suit accusing it of infringement.
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January 29, 2025
Cobalt Refiner Hits Ch. 11 With Plan To Cut $164M In Debt
A Texas bankruptcy judge Wednesday put the operator of one of the world's largest cobalt refineries on course for a March hearing on a Chapter 11 plan to shed nearly $164 million in debt as it deals with depressed cobalt prices it blames on Chinese oversupply.
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January 29, 2025
5th Circ. Says DOT Must Redo Airline Fees Disclosure Rule
The Fifth Circuit has ordered the U.S. Department of Transportation to reassess its rule requiring airlines to more clearly disclose add-on fees upfront, saying the Biden administration failed to properly consider public comments on how costly it would be for airlines to comply with the 2024 mandate.
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January 29, 2025
Brother Hits Back In Family Feud Over Padres Ownership
The late owner of the San Diego Padres did not give control of the Major League Baseball franchise to his widow, and his brothers are not wrongly withholding assets and control of the team from her, one of the brothers argues in his reply to her Texas state lawsuit.
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January 29, 2025
Chevron, Ex-Manager End Bias Suit Over Altered COVID Tests
Chevron and a former manager agreed to end the worker's lawsuit claiming she was fired for not speaking up about workers changing COVID-19 test records to avoid travel restrictions while men who did the same thing kept their jobs, according to Texas federal court filings.
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January 29, 2025
Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case
A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.
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January 29, 2025
Texas-Led States Can Sue Google, Ad Tech Judge Says
A Texas federal judge refused to toss a state enforcer coalition's lawsuit accusing Google of monopolizing the display advertising placement technology market, rejecting Google assertions that the states lack standing to sue on behalf of their citizens in a case where trial now appears likely to be delayed.
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January 29, 2025
Southwest Worker Can't Yet Snag $2M Atty Fees In Bias Case
A flight attendant cannot recover nearly $2.5 million in attorney fees incurred while litigating her suit in which she claimed Southwest terminated her after she sent pictures of aborted fetuses during a Transport Workers Union of America Local 556 action, a Texas federal judge ruled.
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January 29, 2025
Southwest's Plan Oversight Cost Workers Millions, Court Told
Southwest Airlines cost workers millions of dollars in retirement savings by failing to ax a costly and underperforming investment fund from its combined $14 billion retirement plans, according to a proposed class action filed in Texas federal court.
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January 29, 2025
JCPenney Says Jackson Walker Owes $1M For Judge's Affair
Jackson Walker LLP should have to return the more than $1 million paid to it by J.C. Penney given the firm's failure to disclose that one of its partners had a romantic relationship with the judge who had overseen the retailer's bankruptcy, the retailer's estate says in a new lawsuit in Texas federal court.
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January 29, 2025
CFPB Cheers On State Bids To Restrict Medical Debt Reporting
The Consumer Financial Protection Bureau has signaled support for bills that lawmakers in Massachusetts and several other states are considering to restrict medical debt reporting, efforts that could build on the agency's own new medical debt rule.
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January 29, 2025
Jay-Z Says Buzbee Barratry Suits Cite Fake Texas Investigator
Attorneys for Shawn "Jay-Z" Carter told a Houston federal court that personal injury lawyer Tony Buzbee included a fictitious defendant in two lawsuits claiming the rapper tried to recruit former Buzbee clients to file malpractice claims.
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January 29, 2025
Former Chief Counsel For Cruz Named US Atty In Texas
Nicholas Ganjei, a former chief counsel for Lone Star State Sen. Ted Cruz, was sworn in on Wednesday as the U.S. attorney for the Southern District of Texas.
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January 29, 2025
Texas Cardiology Practice Beats Monopolization Suit
A Texas federal judge dismissed a Laredo hospital's lawsuit alleging that a renowned cardiologist, who once worked with it, and a rival hospital engaged in unlawful antitrust behaviors.
Expert Analysis
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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What A Motorcycle IP Case Says About Parallel Int'l Litigation
A Texas federal court recently rejected an electric motorcycle manufacturer's attempt to dismiss a design patent suit in the U.S. and limit the litigation to China, illustrating the challenges in trying to counter a parallel litigation strategy, say attorneys at King & Wood.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.