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November 04, 2024
Mortgage Co. Accused Of 'Bad Faith' In Settlement With Atty
A former staff attorney with a mortgage company has accused the business of "bad faith" for purportedly trying to renegotiate the terms of a settlement to resolve her Texas state lawsuit alleging she was fired after she witnessed inappropriate sexual behavior by a deputy general counsel.
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November 04, 2024
Ogletree Adds Steptoe & Johnson Employment Pro In Texas
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its Texas team, announcing Monday it is bringing in a Steptoe & Johnson PLLC litigator as a shareholder in its San Antonio office.
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November 04, 2024
Haynes Boone Hires 3 More RE Attys From Holland & Knight
Haynes and Boone LLP has hired a trio of attorneys from Holland & Knight LLP in Dallas and Northern Virginia, saying Monday that their additions will complement the firm's real estate and finance offerings.
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November 04, 2024
Texas Rips Feds' 5th Circ. Bid To Revive Highway GHG Rule
Texas is telling the Fifth Circuit there's no reason to disturb a district court's decision to vacate a Federal Highway Administration rule that called on states to set targets to reduce greenhouse gas emissions from federally funded highway projects.
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November 04, 2024
TGI Fridays Restaurant Chain Hits Ch. 11, Blaming Pandemic
Casual dining chain TGI Fridays Inc. filed for Chapter 11 protection in Texas with nearly $151 million in debt, blaming the COVID-19 pandemic and its capital structure and planning a sale within two months.
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November 03, 2024
Philly DA Gets Remand Of Suit Over Musk's $1M 'Lottery'
Philadelphia District Attorney Larry Krasner's suit over Elon Musk's $1 million giveaway to voters in swing states has been sent back to where it started, with a Pennsylvania federal judge ruling Friday that the case belongs in state court.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Boeing Supplier Should Win Texas Probe Suit, Judge Says
A magistrate judge on Friday recommended a Texas federal judge grant Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the statute is unconstitutional.
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November 01, 2024
Real Estate Recap: Election Expectations, EB-5, $50B PE Bet
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including perspectives from real estate leaders ahead of Tuesday's election, takeaways from the Advanced EB-5 Industry Conference in Miami, and two private equity firms' $50 billion bet on data center and energy generation projects.
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November 01, 2024
Elevance Says Flawed Medicare Rating System Cost It $375M
Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.
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November 01, 2024
Patent Case Sent To Albright Over Qualcomm's Objections
A federal judge in Del Rio, Texas, agreed Friday to pass along a patent lawsuit to the crowded docket of fellow Western District of Texas U.S. District Judge Alan Albright, despite objections from Qualcomm Inc. that doing so went against the purpose behind efforts to limit the Waco judge's vast and controversial patent docket.
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November 01, 2024
Texas Justice Says Amici Should Get Say In Religion Case
A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."
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November 01, 2024
5th Circ. Punts On Bid To Stay CFPB Small Biz Rule
The Fifth Circuit said it won't immediately start tolling compliance deadlines for the Consumer Financial Protection Bureau's small business lending data collection rule and will reserve judgment on whether to stay the rule pending an appeal by the bank trade groups challenging it.
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November 01, 2024
IBM Settles $19.5M EDTX Case Over 'Blockchain' Software
IBM told U.S. District Judge Rodney Gilstrap on Friday that it has reached a settlement in principle with an Oklahoma litigation outfit that won a $19.5 million patent verdict from a federal jury in Marshall, Texas, back in September.
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November 01, 2024
Behind High Court's Rare Review Of 2nd Texas Capital Case
Last month, the U.S. Supreme Court took up a case over a Texas inmate's right to new DNA testing his attorneys believe could save him from execution. It’s a rare move for the justices, who in recent years have pointedly stayed out of capital appeals.
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November 01, 2024
Fracking Services Co. Nitro Gets OK For $3M Equipment Sale
Oil and gas fracking services provider Nitro Fluids LLC received approval Friday for a $3.25 million sale of some of its assets to stalking-horse bidder KLX Energy Services LLC.
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November 01, 2024
Medisca Inks $22M FCA Deal Over Ingredient Pricing Scheme
Pharmaceutical chemical supplier Medisca Inc. has agreed to pay $21.75 million to resolve allegations it created false and inflated average wholesale prices for ingredients used in compound prescriptions sold to pharmacies that increased reimbursement and caused federal healthcare programs to pay more for them, the U.S. Department of Justice announced on Friday.
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November 01, 2024
Oil Group, Enviro Orgs Clash Over Offshore Drilling Plan
Environmental groups and the American Petroleum Institute filed sparring briefs in an appeal before the D.C. Circuit over the U.S. Department of the Interior's 2024-2029 offshore oil and gas leasing program, each arguing that the agency wasn't legally obligated to satisfy the other's demands.
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November 01, 2024
ISS Advises Frontier Shareholders To Abstain On Verizon Vote
Proxy advisory firm Institutional Shareholder Services on Friday recommended that Frontier Communications shareholders abstain from voting on Verizon's planned $20 billion takeover, noting that there could be an advantage to waiting to see if the company can generate more value.
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November 01, 2024
Jackson Walker Rips Trustee's Judge Romance Fee Clawback
The U.S. Trustee's Office is exceeding its authority as a "watchdog" in seeking to claw back money paid to Jackson Walker LLP in bankruptcy cases because the judge presiding over those cases was having a secret relationship with a firm partner, the firm told a Texas federal bankruptcy court.
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November 01, 2024
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation with Representation, BC Partners sells its majority equity interest in GardaWorld, Lone Star Funds sells specialty chemicals company AOC to Nippon Paint Holdings, Crescent Biopharma takes GlycoMimetics private, and Francisco Partners buys AdvancedMD from Global Payments.
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November 01, 2024
Paxton Can't Take Depo In 'Bogus' Probe, Immigrant Org Says
The Texas Civil Rights Project opposed state Attorney General Ken Paxton's bid to depose a representative of a nonprofit that provides shelter to migrants, saying Paxton is twisting facts to further a "bogus" investigation.
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November 01, 2024
Buca Di Beppo Gets OK On $27M Sale To Main Street Capital
A Texas bankruptcy judge on Friday approved Buca di Beppo's sale to lender Main Street Capital Corp. after overruling an objection by the Italian restaurant chain's creditors, allowing the company to continue operating and preserve about 3,000 jobs.
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November 01, 2024
Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal
In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.
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November 01, 2024
Stericycle Has All Approvals For $7.2B WM Sale
Medical waste company Stericycle said Friday that it has obtained all antitrust and foreign regulatory approvals needed to proceed with its $7.2 billion sale to Waste Management, a deal inked in June with guidance from three law firms.
Expert Analysis
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NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline
The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Tips For Advising CRE Owners Affected By Houston Storms
As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.