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January 08, 2025
Mortgage Cos. Fined $20M Over Cybersecurity Breach
Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.
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January 08, 2025
Chancery Awards $176M Atty Fee In Tesla Board Pay Suit
Delaware's chancellor approved on Wednesday a $176.16 million Tesla stockholder class attorney fee award to three firms for a settlement of an excessive director compensation suit that is expected to return $734 million to the company through a combination of director stock, option and cash givebacks.
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January 07, 2025
JPMorgan Ditches Climate Coalition Ahead Of Trump 2.0
JPMorgan Chase & Co. on Tuesday joined a slew of banks in departing the United Nations-convened Net Zero Banking Alliance, apparently bowing to regulatory pressure and jumping ship ahead of a second Trump term.
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January 07, 2025
Energy Co. Inks $126 Million Deal To End SPAC Merger Suit
Investors suing the now-bankrupt oil and gas company Alta Mesa Resources Inc. have asked a Texas federal judge to preliminarily approve a $126.3 million deal to settle claims that the company and its executives misled investors about the value of a 2017 merger.
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January 07, 2025
Judge Sanctions Match For Glitch Ahead Of FTC Ad Trial
A Texas federal judge on Tuesday sanctioned Match Group after the company failed to turn over sensitive emails to the Federal Trade Commission on time in a suit over alleged shady business practices, saying that the mistake was honest, but that the company still had not surrendered the documents in a timely manner.
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January 07, 2025
Oilfield Services Firm Flowco Set to Drill Down On $392M IPO
Oilfield equipment and services provider Flowco Holdings Inc. on Tuesday launched plans for an estimated $392 million initial public offering, represented by Sidley Austin LLP and underwriters' counsel Latham & Watkins LLP, marking the latest company to join the new year's IPO pipeline.
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January 07, 2025
PTAB Slims Down 2 Samsung Patents In Galaxy Screen Fight
The patent board has decided to ax a swath of claims in two Samsung patents covering ways of arranging pixels that the Korean tech giant is asserting against a major Chinese rival in the business of selling replacement screens for Galaxy-brand cellphones.
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January 07, 2025
Surgeon Says Unprovided Report Should Nix Transplant Suit
A lawsuit from the families of three patients who died on a Texas hospital's liver transplant waiting list should have been tossed because the families failed to provide an expert report to a surgeon accused of tampering with their data, the surgeon argued to a state appeals court Monday.
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January 07, 2025
Dallas County Settles With Developer In Denied Permit Row
A Dallas developer and Dallas County buried the hatchet in a suit over the county's denial of a permit application for 11 residential lots in a subdivision, telling a Texas federal judge they had reached a settlement agreement in a Tuesday joint stipulation of voluntary dismissal.
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January 07, 2025
Hockey Pro Says Ex-Teammates Stole 'Moms Who Puck' TM
Two retired professional women's hockey players who started a podcast last year called "Moms Who Puck" have been sued for trademark infringement by a former teammate who alleges they stole that phrase from her, according to a lawsuit in Connecticut federal court.
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January 07, 2025
J&J, Talc Suppliers, Insurers Spar Over $505M Sale Stay
The former talc suppliers of Johnson & Johnson said Tuesday that staying part of a settlement and a connected bankruptcy sale could bog down their efforts to secure plan confirmations and exit Chapter 11, urging a Delaware bankruptcy judge to reject a motion to set aside $50 million from the $505 million deal while it is being appealed.
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January 07, 2025
'Unflattering' Story Not Defamatory, Gannett Says
A tax firm's defamation suit against USA Today should be tossed, the newspaper's owner told Texas justices Monday, arguing that a 2021 investigative series was not defamatory even if its "gist" was "unflattering."
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January 07, 2025
Insurer Seeks Exit From Engineering Co.'s $1M Settlement
An engineering company's insurer told a Texas federal court it needn't cover the company's $1 million payment to settle a man's personal injury claims, arguing the company failed to give proper notice after the underlying court had already entered an over $7.2 million default judgment that was ultimately vacated.
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January 07, 2025
Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit
Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.
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January 07, 2025
PCAOB Drops Probe That Led To Constitutional Challenge
One of the constitutional challenges facing the Public Company Accounting Oversight Board came to an end Tuesday after the board informed a Texas court that it would not pursue an enforcement action against the accounting firm at the center of the case.
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January 07, 2025
Texas Gov. Appoints District Judge To State Appellate Court
Texas Gov. Greg Abbott has appointed a Hill County district judge to the Tenth Court of Appeals.
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January 07, 2025
Amazon Accused Of Secretly Slowing Delivery In Poorer Areas
An Amazon Prime subscriber is accusing the company of secretly excluding "historically underserved communities" across the country from its promise to deliver packages in two days, in a proposed class action filed in Washington state court.
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January 07, 2025
States Push For Jury Trial In Google Ad Tech Case
State enforcers accusing Google of monopolizing key digital advertising technology have urged a Texas federal court to reject Google's bid to have the case decided by a judge, saying the U.S. Supreme Court's recent Jarkesy decision confirms the right to a jury trial.
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January 07, 2025
EDTX Judge Suggests Knocking Out 2 Patents Before LG Trial
A magistrate judge in Texas has recommended cutting two patents from a lawsuit against LG over technology used to program "smart" TVs, marketed a decade ago in China by a prominent electronics maker that LG once used as a supplier.
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January 07, 2025
DC Circ. OKs FERC's Approval For Indiana Pipeline
A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.
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January 07, 2025
Starbucks Says It Can Target Inventor In Mobile Ordering Feud
Starbucks has urged the Eastern District of Texas to keep alive its counterclaims against a patent-licensing executive who claims the coffee chain infringed a patent covering a mobile ordering system, accusing him of creating an "extensive thimblerig" of shell entities to avoid paying the cost of his "meritless" cases.
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January 07, 2025
5th Circ. Revives Transportation Co.'s Coverage Suit
The Fifth Circuit revived a transportation company's suit accusing its insurer of misrepresenting coverage and mishandling an underlying action, finding that a lower court abused its discretion when it denied the company an opportunity to amend its complaint without explanation.
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January 07, 2025
Fisher Phillips Adds Dallas Employment Atty From Reed Smith
International labor and employment law firm Fisher Phillips has brought on a Dallas-based labor and employment partner with expertise in a wide range of litigation — from class and collective actions to restrictive covenant claims — the firm announced Monday.
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January 07, 2025
Troutman Pepper Locke Leaders Define A Successful Merger
What makes for a successful law firm merger? It's more than headcount and profits, according to two leaders of the newly minted Troutman Pepper Locke LLP law firm, which was formed Jan. 2 by the combination of major U.S.-based law firms Troutman Pepper and Locke Lord.
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January 07, 2025
FTC Imposes Record $5.6M 'Gun Jumping' Penalty On Oil Deal
The Federal Trade Commission brought a rare merger "gun jumping" action Tuesday under which Verdun Oil Co. will pay $5.6 million for exerting control over EP Energy LLC before the mandatory waiting period under U.S. antitrust law expired and its purchase of the company closed.
Expert Analysis
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Opinion
Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule
Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges
James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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3 Healthcare FCA Deals Provide Self-Disclosure Takeaways
Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.