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Texas
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January 16, 2025
NPE Patent Litigation Increased By 22% In 2024
Patent lawsuits launched by nonpracticing entities shot up in 2024, with the Eastern District of Texas being the primary hotbed for such cases, according to a new report.
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January 16, 2025
Expert Witnesses Limited In J&J Talc Ch. 11 Dismissal Try
A Texas bankruptcy judge limited Thursday the number of expert witnesses that can provide testimony in an upcoming hearing on talc claimants' attempt to dismiss the Chapter 11 case of Johnson & Johnson's talc unit.
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January 16, 2025
Texas Ozone Fight A Repeat Of 2007, EPA Tells 5th Circ.
The U.S. Environmental Protection Agency said that Texas is feigning a misunderstanding of the Clean Air Act, saying it couldn't have hit the state with a "surprise switcheroo" because it was in an identical situation more than a decade earlier.
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January 16, 2025
McNair Son Wants Legal Fee Fight Set Back In Motion
The eldest son of late Houston businessman Bob McNair asked a Texas appeals court Wednesday to reverse an order temporarily halting his litigation seeking legal fees connected to a probate case over the management of his family's companies.
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January 16, 2025
Hearthside Proposes $30M In Ch. 11 Key Employee Bonuses
The bankrupt parent of snack maker Hearthside Food Solutions proposed a pair of retention and incentive payment plans that would provide up to $30 million in bonuses to key employees in the company's Texas Chapter 11 case.
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January 16, 2025
Calif. Law Firm Settles 2 Suits Alleging Debt Relief Fraud
A debt relief law firm in California reached settlements Thursday in two separate lawsuits that accused the firm of charging its clients for worthless services, a little more than two weeks after the cases were brought in federal courts.
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January 16, 2025
Paxton-Tied Developer Pleads Guilty In Bank Fraud Case
A real estate developer whose ties to Texas Attorney General Ken Paxton were central to his 2023 impeachment case pled guilty Wednesday to unrelated charges of making false statements to a mortgage lender.
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January 16, 2025
Paxton Seeks To Nix Ethics Case After Deputy Beats Suit
Texas Attorney General Ken Paxton asked the Texas Supreme Court to toss an ethics case against him over a lawsuit challenging 2020 election results, saying the matter fails on the same separation of powers grounds that the court recently cited in nixing a similar case against his first assistant.
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January 16, 2025
Biden's Imprint On The Judiciary In 6 Charts
President Joe Biden leaves office with 235 lifetime judges confirmed, just one more than President Donald Trump seated during his first term, and many firsts for diversity.
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January 15, 2025
Alaska Says Death Of USF Would Be 'Devastating' For State
The people of Alaska will suffer if the U.S. Supreme Court does not undo a Fifth Circuit decision demolishing the Federal Communications Commission's multibillion-dollar subsidy fund, which reduces phone and internet costs for schools, libraries and low-income households, the state has told the justices.
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January 15, 2025
Foes Of Expanded Oil Facility Face Texas Panel's Tough Queries
A Texas appeals court directed some pointed questions to environmental groups seeking to challenge an oil facility's expansion during oral arguments Wednesday, saying facilities like the one in question have to go somewhere or else "the Europeans will starve in the cold this winter."
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January 15, 2025
Fed. Circ. Upholds Semiconductor Co.'s PTAB Win Over Chip IP
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that semiconductor company Microchip Technology had shown that some claims of an HD Silicon Solutions microprocessor patent are invalid as obvious.
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January 15, 2025
Sidley-Led Flowco Raises $427M In Year's First Major IPO
Oilfield equipment and services provider Flowco Holdings Inc. on Wednesday priced a $427 million initial public offering above its range, represented by Sidley Austin LLP and underwriters' counsel Latham & Watkins LLP, marking the year's first sizable IPO.
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January 15, 2025
Block Pays Regulators $80M Over Cash App AML Compliance
Jack Dorsey's fintech company Block Inc. has reached an $80 million settlement over alleged anti-money laundering compliance failures by its mobile payments platform Cash App, a coalition of state banking regulators announced Wednesday.
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January 15, 2025
Legislators Say Transparency Act Defies First Amendment
The Corporate Transparency Act is an unnecessary intrusion into the First Amendment rights of Americans, U.S. Sen. Thom Tillis, R-N.C., and 13 House members told the Supreme Court in seeking to maintain an injunction issued in December.
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January 15, 2025
Noncompete Ban Has A Defender In Wings If Trump FTC Won't
Entrepreneurs group Small Business Majority wants the Fifth and Eleventh circuits to let it intervene to defend the Federal Trade Commission's currently blocked noncompetes ban if FTC Republicans stop arguing for the rule as expected once they take power.
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January 15, 2025
Maxell Battery Patent Sinks At Federal Circuit
Japanese consumer electronics outfit Maxell on Wednesday failed to persuade Federal Circuit judges to change anything about a patent board ruling that wiped out all the claims in a battery patent asserted in a suit against a Chinese rival.
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January 15, 2025
Acting USPTO Head Corrects Errors In PTAB Samsung Denial
The U.S. Patent and Trademark Office's acting director has found that the Patent Trial and Appeal Board made incorrect statements when it refused to review a display patent challenged by Samsung due to an upcoming Texas trial, but still left the denial intact.
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January 15, 2025
Justices Struggle With Tech Advances In Texas Porn Law Row
Several U.S. Supreme Court justices on Wednesday focused on how a decadesold brick-and-mortar precedent applies to a Texas law requiring age verification on porn websites while struggling to reconcile technological advancements with First Amendment protections.
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January 15, 2025
Texas Court Unsure State Can Shutter Immigrant Nonprofit
A Texas appellate court seemed doubtful Wednesday that the state attorney general has authority to shut down a nonprofit over its political speech, with the justices suggesting that Texas might be blurring the line between state and federal nonprofit oversight.
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January 15, 2025
SMU Can't Chuck 100-Year Ties To Church, Justices Suggest
Texas Supreme Court justices piled questions on Southern Methodist University over its split with the United Methodist Church, saying during oral arguments Wednesday that the school seemingly used "clever lawyering" over a "hot button political issue" to wrestle control from the church.
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January 15, 2025
Greenberg Traurig Adds 2 Corporate Pros In Texas
Greenberg Traurig LLP is expanding its Texas corporate team, announcing Wednesday it is bringing in a Sheppard Mullin Richter & Hampton LLP dealmaker and a Kirkland & Ellis LLP private equity pro as shareholders in Dallas and Austin, respectively.
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January 15, 2025
Chubb Unit Seeks Exit From Bar's $105M Drunken Driving Suit
A Chubb unit said it no longer owes coverage to a bar appealing a $105 million judgment related to a drunken patron's car crash, telling a Texas federal court the bar violated the terms of the policy by refusing to cooperate with the insurer's defense.
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January 15, 2025
SpaceX Suit Must Fail, Calif. Coastal Commission Tells Judge
The California Coastal Commission urged a federal judge to throw out a SpaceX lawsuit alleging it has unlawfully tried to stymie the company's rocket launches and engaged in "naked political discrimination" against CEO Elon Musk, arguing the company's claims don't pass muster.
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January 15, 2025
AI Travel App Co. Mondee Files Ch. 11 With Sale Plans
Artificial intelligence-supported travel agency application maker Mondee Holdings Inc. filed for Chapter 11 protection in Delaware, saying it has a baseline offer for the acquisition of its assets and $49 million in financing from existing lenders.
Expert Analysis
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2 Rulings Show How Courts Assess Health Benefit Denials
Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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How Patent Litigation Is Changing Amid Decline In Filings
Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.
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A Look At 5 States' New Data Privacy Laws
With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.