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Texas
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January 09, 2025
Texas Appeals Court Frees Google Of Incognito Mode Suit
A Texas appeals court wiped Texas' deceptive trade practices suit alleging Google misleads consumers about the privacy available through its "Incognito" mode, finding in a Thursday opinion the lower court doesn't have jurisdiction to hear the case.
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January 09, 2025
Texas Gov. Names New GC For Office Of The Governor
Texas Gov. Greg Abbott's deputy general counsel has been tapped to step into the role of general counsel for the governor after his predecessor, James P. Sullivan, was appointed to the Supreme Court of Texas earlier this week.
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January 09, 2025
Eversheds Sutherland Adds Hunton Energy Pro In Houston
Eversheds Sutherland announced Thursday that a former Hunton Andrews Kurth LLP attorney with prior in-house experience at Exxon Mobil Corp. has joined the firm as a partner in Houston, strengthening its global energy offerings and its presence in Texas.
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January 08, 2025
Judge Calls For Trial In Long-Running Suit Against Thryv
A Texas federal judge should hold that YellowPages.com operator Thryv Inc. can't challenge the final claim of Click-to-Call Technologies LP's patent for making anonymous phone calls but stop short of finding infringement, a magistrate judge recommended in the 12-year-old case.
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January 08, 2025
Fed. Circ. Grills USAA On Bid To Revive Patent In $218M Case
The United Services Automobile Association faced a skeptical Federal Circuit panel Wednesday as it argued that an administrative board's invalidation of claims in its check deposit patent, which is part of a $218 million verdict against PNC Bank, conflicted with a prior decision upholding the patent.
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January 08, 2025
Edward Jones Fined $17M Over Customer Transition Fees
Edward Jones has agreed to pay $17 million to end an investigation into alleged supervisory failures that may have led it to overcharge customers who transitioned from its brokerage division to its advisory division, state regulators announced Wednesday.
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January 08, 2025
Colo. Judge Certifies National Class Of Senior Care Investors
A Colorado federal judge on Wednesday certified a nationwide class of stockholders in a securities suit alleging a senior health care company made misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
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January 08, 2025
ACLU Launches Media Campaign To Amplify Immigrant Voices
The American Civil Liberties Union announced Wednesday that it is kicking off a new "Letters to America" multimedia campaign to amplify the voices of immigrants and asylum seekers speaking about their experiences traveling across the U.S.-Mexico border as the nation prepares itself for the second Trump administration's sweeping deportation plans.
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January 08, 2025
Musk Appeals $56B Pay Package Rejection To Del. High Court
Tesla Inc. CEO Elon Musk and other top Tesla executives officially appealed to the Delaware Supreme Court on Wednesday a series of chancellor rulings that scuttled Musk's $56 billion, 10-year pay package and awarded a shareholder's counsel $345 million in fees in the yearslong derivative dispute.
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January 08, 2025
Texas Station Faces $369K Fine For Emergency Alert Failures
A local Texas television station is under fire from the Federal Communications Commission for failing to run proper nationwide emergency tests in three separate years, according to a new forfeiture notice from the agency.
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January 08, 2025
ATF Says Loophole Rule Passes 2nd Amendment Smell Test
The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.
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January 08, 2025
Ford Can't Escape Texas Cop's Carbon Monoxide Injury Suit
Ford Motor Co. can't get out of a suit by a Universal City, Texas, police officer who alleges he suffered carbon monoxide poisoning while idling in a Ford vehicle, because a Texas federal judge says the officer's expert and evidence support his claims that a vehicle defect is responsible for his injuries.
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January 08, 2025
Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told
The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.
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January 08, 2025
Samsung, Asus Settle Patent Fight Over 4G, 5G Products
Samsung and Asus Technology Licensing notified a Texas federal judge Wednesday they've settled their dispute over wireless 5G technology in a case where both sides accused each other of patent infringement in their respective commercial products, with Asus targeting an array of Samsung's Galaxy devices and Samsung attacking Asus' Zenbook laptops.
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January 08, 2025
CFPB Hit With Industry Suit Over Medical Debt Reporting Rule
A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.
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January 08, 2025
Jay-Z Wants Sanctions Against Buzbee In Diddy Rape Suit
Rapper Jay-Z asked Wednesday that Texas attorney Tony Buzbee be sanctioned for filing a lawsuit accusing him and embattled rapper Sean "Diddy" Combs of raping a 13-year-old girl, claiming inconsistencies in the girl's story show Buzbee "knowingly filed a false complaint."
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January 08, 2025
US Atty In Texas' Southern District To Step Down
The U.S. Attorney for the Southern District of Texas announced Wednesday that he is leaving his post this month, the latest in a wave of resignations ahead of a second Trump administration.
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January 08, 2025
Auto Financing Co. Vroom's Equity Swap Ch. 11 Plan Gets OK
A Texas bankruptcy judge on Wednesday approved automotive financing and analytics company Vroom Inc.'s Chapter 11 plan to convert $290.5 million of debt into equity, overruling an objection to the deal from the U.S. Department of Justice's bankruptcy watchdog and allowing Vroom to continue operating.
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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.
Expert Analysis
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2 Years Of Waco: How Patent Case Distribution Has Changed
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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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.