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October 22, 2024
LA-Based Wound Group Hits Ch. 11 After Medicare Pay Pause
A Los Angeles-based multistate wound care practice has filed for Chapter 11 protection in a Texas bankruptcy court, saying it can't pay nearly $156 million in charges from its management company after its Medicare payments were suspended last month.
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October 22, 2024
Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court
An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.
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October 22, 2024
Norton Rose Names Atty Duo As Global Arbitration Leaders
Norton Rose Fulbright has elevated the firm's U.S. arbitration team leader and a London-based partner to co-lead its global international arbitration practice, shaking up the group's leadership for the first time in over a decade, the firm announced Tuesday.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 21, 2024
Eli Lilly Slams 'Dangerous' Knock-Off Weight Loss Drugs
Eli Lilly & Co. on Monday launched a trio of lawsuits in Indiana, Texas and Washington federal courts accusing three telehealth companies of peddling illicit knockoffs of its weight-loss medications that have not been approved by the U.S. Food and Drug Administration and that pose a danger to patients.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
X Corp. 'Sabotaging' Discovery Process, Media Matters Says
Left-leaning watchdog Media Matters for America says that X Corp. is "jamming the wheels of discovery" by refusing to answer questions or provide documents relating to Elon Musk's role in the site's content moderation, asking a Texas federal court Friday to order X to comply.
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October 21, 2024
Justices Told Newman's Suspension Preventing Fair Hearings
The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.
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October 21, 2024
1st Astroworld Trial Pushed As Travis Scott Drops Appeal
Rapper Travis Scott has dropped his bid for settlement information from several Astroworld plaintiffs, telling a Texas appellate court that the first plaintiffs scheduled to have their day in court will no longer be heading to trial this week.
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October 21, 2024
Feds Say Texas Isn't Injured By DHS Spousal Parole Program
The Biden administration is urging a Texas federal judge to find its Keeping Families Together program is lawful, arguing the Lone Star state doesn't have standing to challenge the regulation since it can't show it's being injured by the program.
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October 21, 2024
V&E Helps EnCap Amass $5.25B For Latest Energy Fund
Houston, Texas-based EnCap Investments LP, advised by Vinson & Elkins LLP, on Monday announced that it wrapped its 12th energy-focused fund after securing $5.25 billion from investors.
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October 21, 2024
Texas Asks Judge To Nix Rule Boosting Asylum Officer Power
The Lone Star State urged a Texas federal court to vacate a policy empowering asylum officers to approve asylum requests filed at the border, arguing the Biden administration overstepped by imbuing "mere employees" with a power reserved for appointed officials.
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October 21, 2024
5th Circ. Asked To Nix Insurer's $2.2M Assault Coverage Win
A group of Texas trial lawyers urged the Fifth Circuit to reverse a Texas federal court's order permitting a bar's insurer to pay only its $1 million limit for a $3.2 million personal injury judgment, arguing the underlying plaintiffs made a valid presuit settlement demand.
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October 21, 2024
Judge Cites University Ties To Bow Out Of Aid-Fixing Suit
An Illinois federal judge has recused herself from a proposed antitrust class action against 40 private colleges, reasoning that she has a relationship with one of the university defendants.
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October 21, 2024
5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late
The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.
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October 21, 2024
Judge Upholds Ginnie Mae's Authority To Vacate Bank's Lien
A Texas federal judge ruled that the Government National Mortgage Association didn't overstep its authority when it vacated a bank's lien on a loan worth tens of millions of dollars, rejecting Texas Capital Bank's bid for partial summary judgment.
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October 21, 2024
Haynes Boone, ArentFox Schiff Advise $1B Paving Co. Deal
Haynes and Boone LLP represented Alabama road builder Construction Partners Inc. in its nearly $1 billion acquisition of Austin, Texas-based Lone Star Paving, which relied on advice from ArentFox Schiff LLP in the transaction.
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October 21, 2024
Litigation Funding Firms Aim To Escape Hurricane Ad Suit
Two litigation funders are urging a Texas federal court to adopt a magistrate judge's recommendation to toss claims against them in a proposed class action alleging a law firm deceptively advertised to hurricane victims.
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 21, 2024
High Court Will Review Clean Air Act Jurisdiction Cases
The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Texas Federal Judge Owned Tesla Stock After Taking X Suit
A Texas federal judge overseeing a high-profile case between X Corp. and a media watchdog bought and sold shares of Elon Musk's automotive company Tesla the same year that X filed the suit, according to financial disclosure reports.
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October 18, 2024
Justices Urged To Undo Ruling Against Horse Racing Law
The Horseracing Integrity and Safety Authority has pressed the U.S. Supreme Court to vacate a Fifth Circuit ruling against a federal law delegating horse safety regulation to the horse-racing authority, arguing that the law's framework is regularly upheld by other courts, according to a petition.
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October 18, 2024
Lenovo Can't Use Subsidiary To Dodge IP Suit, Gilstrap Rules
A Texas federal judge on Thursday denied Lenovo Group Ltd.'s bid to toss patent infringement claims brought by a patent licensing company owned by Wi-LAN Inc., rejecting the Chinese computer giant's argument that it is a mere holding company lacking sufficient contacts with the Lone Star State.
Expert Analysis
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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.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.