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February 05, 2025
Judge Nixes Jones' Ch. 7 Deal With Sandy Hook Families
A deal proposed by the Chapter 7 trustee in the bankruptcy case of right-wing conspiracy peddler Alex Jones that would have resolved the nearly $1.5 billion in claims held by the families of Sandy Hook school shooting victims failed to gain court approval Wednesday when a Texas judge said he couldn't grant the requested relief.
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February 05, 2025
Blake Lively Sued By PR Rep Over 'It Ends With Us' Claims
Another front has opened in the messy legal drama over the movie "It Ends With Us," as an Austin-based public relations consultant filed a defamation suit in Texas federal court alleging Blake Lively falsely roped him into her headline-making sexual harassment and retaliation claims.
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February 05, 2025
Modelo, Constellation Urge Judge To Block 'Counterfeit' Beer
Modelo and Constellation Brands have asked a Texas federal court to stop a beer distribution company from importing and selling "counterfeit" beers that have labels similar to those of Modelo, Corona and other beverages.
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February 05, 2025
Sheppard Mullin Adds Healthcare Reg Partner From Troutman
Sheppard Mullin Richter & Hampton LLP on Wednesday announced the arrival of a healthcare partner joining from Troutman Pepper Locke LLP, continuing a streak of recent additions to its healthcare practice.
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February 05, 2025
Texas Bar Says Lawyers Can't Partner With Non-Attorneys
A new ethics opinion from the State Bar of Texas says lawyers practicing in the Lone Star State cannot partner with law firms offering legal services in other jurisdictions if the partnership includes a non-lawyer, even if such arrangements are permitted in the jurisdiction where the law firm is based.
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February 05, 2025
Troutman Pepper Brings On Former DOJ Official In Texas
Troutman Pepper Locke LLP has expanded the firm's regulatory investigations, strategy and enforcement practice group at the state and national levels with a partner in Austin, Texas, whose background includes decades of government legal experience.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
'Every Breath' A 'Struggle' For Lyondell Leak Worker, Jury Told
A lung specialist told a Houston jury Tuesday that he would be "surprised" if the only surviving repairman who worked on a leak at a Texas LyondellBasell plant lived longer than 15 years without major medical intervention due to his chemical exposure four years ago.
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February 04, 2025
Trump Picks AG Paxton Atty For Homeland Security Dept.
Texas Attorney General Ken Paxton's special counsel, who is also a former member of President Donald Trump's reelection campaign, has been tapped for the U.S. Department of Homeland Security, Paxton announced Tuesday.
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February 04, 2025
FCC Drops 5th Circ. Defense Of Nonbinary Gender Category
The Federal Communications Commission will no longer defend a nonbinary gender category on its employment diversity forms amid challenges brought by religious broadcasters in the Fifth Circuit, where judges grilled the FCC on Tuesday about its authority to collect and publish industry data on employee diversity.
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February 04, 2025
5th Circ. Mulls If Green Orgs. Have Injury In Injection Well Case
A Fifth Circuit panel pondered whether environmental groups will suffer an injury adequate to challenge underground injection wells in Louisiana, asking during oral arguments Tuesday whether the groups can bring a legal claim for an event 50 years down the road.
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February 04, 2025
5th Circ. Asks Why EPA Stalled Denial Of Texas Ozone Plan
A Fifth Circuit panel pushed the U.S. Environmental Protection Agency on Tuesday to specify why it had dragged its feet before denying Texas' Clean Air Act implementation plans, asking during oral arguments how long the agency can "sit on" the plans.
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February 04, 2025
5th Circ. Backs Biden's Gov't Contractor Wage Hike
The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.
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February 04, 2025
McKesson Paying $850M For Top Stake In Eye Health Co.
Irving, Texas, healthcare services company McKesson Corp. said Tuesday it had agreed to buy a controlling interest in PRISM Vision, an ophthalmology services provider, from private equity firm Quad-C for $850 million.
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February 04, 2025
US Trustee Wants Stay For Container Store Plan Appeal
The U.S. Trustee's Office asked a Texas bankruptcy judge to put The Container Store's Chapter 11 plan on hold while it appeals his decision that a creditor's failure to opt out of the plan's third-party releases constitutes consent to those releases.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
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February 04, 2025
NLRB Attys Won't Address Member Removal In 5th Circ. Row
National Labor Relations Board attorneys told the Fifth Circuit that they won't defend NLRB members' firing protections at a Feb. 5 hearing on the agency's constitutionality in the wake of the president's removal of a board member and appointment of a new acting prosecutor.
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February 04, 2025
PE-Backed Identity Software Firm SailPoint Primes $1B IPO
Cybersecurity firm SailPoint on Tuesday unveiled plans for an estimated $1 billion initial public offering that would mark its return to public markets three years after a private-equity buyout, represented by Kirkland & Ellis LLP and the underwriters' counsel, Davis Polk & Wardwell LLP.
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
Greenberg Traurig Biz Pro Joins Holland & Knight In Texas
Holland & Knight LLP announced Tuesday that it has fortified its corporate mergers and acquisitions and private equity practice with an Austin, Texas-based partner who came aboard from Greenberg Traurig LLP.
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February 04, 2025
Veteran Energy Attorney Joins Baker Botts In Austin
Baker Botts LLP announced Tuesday that an experienced energy attorney who's spent over 30 years working in various government and private practice roles has joined the firm's office in Austin, Texas, as a partner.
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February 04, 2025
Steptoe & Johnson Adds Business Duo In Dallas
Steptoe & Johnson PLLC has bolstered its business department in Dallas with a pair of corporate attorneys, one who joined from Carrington Coleman Sloman & Blumenthal LLP and one who arrived from Cowles & Thompson PC.
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February 04, 2025
Pearl Energy Closes $999.9M Fund, Tioga Raises $125M
Kirkland & Ellis LLP-advised Pearl Energy Investments on Tuesday revealed that it clinched its fourth flagship fund after securing $999.9 million in investor commitments, while Atlanta-based multi-strategy real estate investment firm Tioga Capital closed its fourth fund after raising $125 million in capital commitments.
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February 04, 2025
Shell Workers' 401(k) Suit Gets Class Nod, But No Early Wins
A Texas federal judge awarded class certification to more than 10,000 current and former Shell Oil Co. workers in their suit claiming the energy behemoth mismanaged their $10 billion 401(k) plan, but he declined to grant either side early wins.
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February 03, 2025
5th Circ. Panel Split On NLRB Case After Post-Loper Remand
Members of a Fifth Circuit panel appeared split Monday about whether to once again uphold a National Labor Relations Board decision letting its acting prosecutor pull a pending suit in the wake of the U.S. Supreme Court's decision last year to scale back courts' deference to federal agencies.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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'Key Personnel' Defense Is Trending In GAO Bid Protests
A trio of recent cases before the U.S. Government Accountability Office demonstrate that both the government and intervenors are increasingly defending bid protests by arguing that a protester's key personnel became unavailable after a proposal submission, but prior to an award, says Joshua Duvall at Maynard Nexsen.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'
The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.