Texas

  • September 19, 2024

    Judge Gives Dow Jones Win In Article Thievery Case

    A Texas federal judge has handed a win to publisher Dow Jones & Co. in a copyright infringement suit accusing an investment manager of wrongfully copying and distributing thousands of news articles from The Wall Street Journal.

  • September 19, 2024

    FERC Must Heed DC Circ. 'Shift' On Gas Reviews, Chair Says

    Federal Energy Regulatory Commission Chairman Willie Phillips said Thursday that the D.C. Circuit wrongly wiped out the agency's approval of a Northeast pipeline expansion project, but acknowledged that recent court decisions will force FERC to rethink how it reviews gas infrastructure projects.

  • September 19, 2024

    Dish Concocted Issues To Escape $10M Contract, Suit Says

    A company contracted by two Dish Network units to build cabinets for the telecom company's equipment says Dish manufactured problems with the cabinets in an attempt to escape the $10 million contract, according to a Colorado federal complaint seeking damages over the scuttled deal.

  • September 19, 2024

    BakerHostetler Adds Ex-Baker Botts Accident Response Duo

    Months after hiring former Baker Botts attorney Greg Dillard to lead its catastrophic accident response team, BakerHostetler has announced the hire of two more attorneys from the firm as counsel in Washington, D.C., and Houston.

  • September 19, 2024

    Filing After Bar Lapse Was Honest Mistake, Prosecutor Says

    A Texas surgeon facing criminal charges for giving patient data to a media outlet regarding gender-affirming care provided to minors accused the government's lead prosecutor of taking the case while she had a suspended law license, a blunder the attorney called an unintentional error on Thursday.

  • September 19, 2024

    Texas Powerhouse: Beck Redden

    Beck Redden LLP has a powerful presence across all Texas courts, as demonstrated by its successful representation of Southwest Airlines in a pivotal case involving cyber insurance at the Fifth Circuit, and its ability to secure summary judgment for an ExxonMobil subsidiary in a breach-of-contract suit before the Southern District of Texas.

  • September 19, 2024

    3 Firms Lead Vistra's $3B Buy Of Leftover Stake In Nuclear Biz

    Retail electricity and power generation company Vistra Corp. has agreed to acquire the remaining 15% equity stake in its subsidiary Vistra Vision LLC, which owns nuclear generation facilities, from minority investors Nuveen Asset Management LLC and Avenue Capital Management II LP in a deal valued at more than $3 billion and built by three law firms.

  • September 18, 2024

    Waste Mgmt. Sued For $3.8M Over Renewable Energy Credits

    A Constellation Energy Corp. unit slapped Waste Management Inc. with a complaint in Texas federal court on Tuesday, saying the company has refused to cough up more than $3.8 million for renewable energy credits Constellation paid for but never received.

  • September 18, 2024

    Split 5th Circ. Upholds Oxy's $38M Win Over Wells Fargo Bank

    A split Fifth Circuit panel upheld a $38 million judgment against Wells Fargo in a published opinion Wednesday, affirming that the bank breached its trustee duties by failing to timely sell Occidental Petroleum Corp. stock and is judicially estopped from arguing that the trust agreement was not a contract.

  • September 18, 2024

    Native, Black Groups Ask To Intervene In Voter Rights Suit

    Several nonprofit groups supporting Native American and Black voters have joined to intervene in a conservative think tank's lawsuit in Texas federal court that looks to stop a Biden administration executive order promoting easier access to voting.

  • September 18, 2024

    Elon Musk Says He'll Sue FAA Over 'Political' SpaceX Fines

    Tech billionaire Elon Musk says he'll be suing the Federal Aviation Administration after learning that the agency plans to slap his space company with $633,000 in fines for not following licensing requirements during two launches, calling the proposed penalties "politically-motivated."

  • September 18, 2024

    5th Circ. Favors Excess Insurer In Marina Coverage Dispute

    The Fifth Circuit upheld a ruling in an inter-insurer dispute over coverage responsibilities of a $13.7 million judgment entered against their mutual client, holding Wednesday that while the excess insurer breached its duties, the primary insurer bears the larger financial burden because it failed to properly settle the underlying dispute.

  • September 18, 2024

    5th Circ. Axes Bargaining Order Against Legal Support Firm

    The Fifth Circuit reversed a National Labor Relations Board bargaining order Wednesday against a legal support consulting firm, determining certain workers within the unit are supervisors who can't unionize under federal labor law.

  • September 18, 2024

    Removal Risk Rises With State Line Crossings, ACLU Says

    Unauthorized immigrants in Texas who seek out-of-state medical care because of the state's near-total abortion ban are at risk of getting deported every time they pass through checkpoints where they could get arrested, the American Civil Liberties Union said Wednesday.

  • September 18, 2024

    Modelo Says Texas Beer Co. Ripping Off Corona, Other Brands

    Modelo and Constellation Brand have sued a Texas-based beer distribution company in federal court, accusing it of selling and advertising beer products that imitate the names, color schemes and marks of their beers, including Corona, Pacifico, Barrilito and Victoria.

  • September 18, 2024

    Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal

    The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.

  • September 18, 2024

    Texas AG Ran Voter Intimidation Campaign, Dem County Says

    Texas Attorney General Ken Paxton used his office for voter suppression, Travis County officials claim in a suit filed Tuesday in Texas federal court, saying that Paxton launched an "intimidation campaign" against them to discourage voter registration of those he doesn't agree with politically.

  • September 18, 2024

    Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit

    A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.

  • September 18, 2024

    No Rehearing For 10th Circ. Methane Rule Challenge

    A Tenth Circuit panel rejected a request to reconsider its decision to throw out a ruling that partially invalidated an Obama-era rule limiting venting, flaring and leaks from oil and gas wells on federal land.

  • September 18, 2024

    DOL Points To 5th Circ. Ruling To Save Contractor Wage Hike

    A recent Fifth Circuit decision ruling that the U.S. Department of Labor could raise salary levels for overtime-exempt workers clarifies that the major questions doctrine should stay out of a case challenging the minimum wage increase for federal contractors, the DOL told the appeals court.

  • September 18, 2024

    Texas Firm, Marketing Biz Settle 'Click To Call' Ad Scheme Suit

    A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.

  • September 18, 2024

    Texas Criminal Court Pauses Paxton Prosecutor Fee Ruling

    The Texas Court of Criminal Appeals on Tuesday agreed to pause a lower court ruling that would allow Collin County to pay a lower amount to the special prosecutors appointed to oversee the securities fraud case against Texas Attorney General Ken Paxton, putting the county's victory on ice while it considers the dispute.

  • September 18, 2024

    Texas Powerhouse: Bracewell LLP

    Bracewell LLP has been helping clients navigate billion-dollar deals and other big projects, while securing major courtroom wins, since its founding in the Lone Star State just shy of eight decades ago, earning it a spot among Law360's Regional Powerhouses of 2024.

  • September 18, 2024

    Norton Rose Adds Family Office Ace From Sidley In Dallas

    Norton Rose Fulbright has expanded its Dallas shop with the addition of a former Sidley Austin LLP attorney to its corporate, mergers and acquisitions, and securities practice who boasts substantial expertise in the family office industry.

  • September 17, 2024

    Allstate Freed From Texas Auto Insurance Class Action

    A Texas federal judge handed Allstate a win in a proposed class action over allegedly discriminatory auto insurance premium rates, adopting a magistrate judge's recommendations that the class not be certified and that the insurer be freed from the suit before trial.

Expert Analysis

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

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    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Justices' Removal Ruling Presents Hurdles, But Offers Clarity

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    The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Justices' 'Blind Mule' Ruling Won't Change Defense Strategy

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    The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Next Steps After 5th Circ. Nixes Private Fund Adviser Rules

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    The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.

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