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Texas
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September 09, 2024
Texas High Court To Mull Medical Nonprofit's Med Mal Liability
The Texas Supreme Court is scheduled to hear oral arguments Wednesday over whether a nonprofit health organization can be sued for the alleged medical negligence of one of its physician employees, in a dispute over an allegedly botched brain surgery.
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September 09, 2024
AIG Unit Sees Recovery Funds Dispute With RealPage Pared
A federal judge trimmed a lawsuit an AIG unit filed seeking to recover over $1 million it paid to property management software company RealPage after a phishing attack, rejecting both the insurer's stance that the covered fees fell under a recovery provision and RealPage's accusations of Texas Insurance Code violations.
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September 09, 2024
EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told
The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.
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September 09, 2024
Philly Noncompete Ban Challenger Wants Case Paused
A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.
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September 09, 2024
5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win
The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.
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September 09, 2024
Riddell Helmet Design Contributed To Brain Injury, Suit Says
The parents of a high school football player who suffered a life-altering injury that left him reliant on a wheelchair have filed a federal product liability suit in Texas against Riddell Inc., the maker of the allegedly defective helmet he was wearing when he was hurt.
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September 09, 2024
Red States, Industry Look To Sink EPA Vehicle Emissions Rule
The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.
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September 09, 2024
Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'
A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.
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September 09, 2024
Paxton Promotes Legal Strategy Aide After Impeachment Help
Texas Attorney General Ken Paxton on Monday announced the promotion of Austin Kinghorn to deputy attorney general for legal strategy.
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September 09, 2024
Clifford Chance Adds Latham Capital Markets Atty In Houston
Clifford Chance LLP is expanding its capital markets team, announcing Monday it is bringing in a Latham & Watkins LLP energy and infrastructure expert as a partner in its Houston office.
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September 09, 2024
Bradley Arant Adds Katten Partner In Dallas
Bradley Arant has hired a six-and-a-half-year veteran of Katten Muchin Rosenman LLP who is joining the firm's corporate and securities practice in Dallas as a partner.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Five Point Energy Clinches 4th Fund With $1.4B In Tow
Sustainable infrastructure-focused private equity shop Five Point Energy LLC on Monday announced that it clinched its fourth fund above target after securing $1.4 billion from investors.
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September 06, 2024
ICE Is Failing Language Service Obligations, Report Says
U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.
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September 06, 2024
Real Estate Recap: Pol Funding, Investor Angst, Climate Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including which presidential candidates BigLaw real estate pros have backed, where one attorney sees investor confidence despite tough conditions, and how extreme weather events are reshaping the property insurance market.
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September 06, 2024
Texas Biz Court Will Be A Brave New World For Energy Cos.
Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.
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September 06, 2024
5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal
A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.
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September 06, 2024
Appeals Court Says Nursing Home Seller Keeps Atty Fees
An entity that sold a nursing home is entitled to keep attorney fees because the underlying contract spelled out that it was entitled to them, a Texas appeals court found, even though the eventual buyer was not a party to the contract granting attorney fees.
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September 06, 2024
Investment Co. Appeals Sanction In Highland Ch. 11
An alternative investment company has asked a Texas federal court to overturn a sanctions order it received in defunct hedge fund Highland Capital's Chapter 11 case after the bankruptcy court concluded that it filed a claim in bad faith.
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September 06, 2024
$111M Tax Fraud Scheme's Ringleader Sentenced To 14 Years
The leader of a scheme to steal the identities of taxpayers and pose as their accountants to commit $111 million in tax fraud was sentenced Friday to more than 14 years in prison by a Texas federal judge, according to the U.S. Department of Justice.
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September 06, 2024
Texas Justices To Weigh In On Native American Park Dispute
The Texas Supreme Court agreed Friday to answer a question from the Fifth Circuit about religious freedom under the Lone Star State's constitution to aid the federal appellate court in resolving a dispute between Native American church members and San Antonio over access to a local park.
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September 06, 2024
YouTuber Says Logan Paul Filed Defamation Claims Too Soon
YouTuber Coffeezilla has told a Texas federal judge that social media entertainer Logan Paul's defamation suit shouldn't move forward since Paul never asked the video creator to correct or rework the investigative series that Paul claims defamed him as a scammer.
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September 06, 2024
Sharpe Rips Favre's Nod To Palin-NYT Ruling As Irrelevant
Sportscaster Shannon Sharpe blasted former NFL quarterback Brett Favre on Friday for improperly asking the Fifth Circuit to consider, as it mulls reviving a case against Sharpe, a recent ruling that granted Sarah Palin a new libel trial against the New York Times.
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September 06, 2024
Enviro Groups Challenge FERC Approval Of La. LNG Terminal
Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."
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September 06, 2024
Judge Barnard Says It's 'About Time' For Texas Biz Court
Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.