Litigation challenging federal immigration policy has become a cornerstone for both Democratic and Republican-led states, but Texas-led suits have introduced a unique theory of standing that has yet to be tested in the U.S. Supreme Court.
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WEDNESDAY, OCTOBER 2, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Texas' Standing Theory Yet To Be Tested At High Court

By Britain Eakin

Litigation challenging federal immigration policy has become a cornerstone for both Democratic and Republican-led states, but Texas-led suits have introduced a unique theory of standing that has yet to be tested in the U.S. Supreme Court.

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Texas Says 5th Circ. Border Buoy Ruling Is No Court Split

By Catherine Marfin

The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.

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Verizon Gets $847M Patent Verdict Set Aside, Wins New Trial

By Lauren Berg

Verizon Wireless and Ericsson will get another shot at convincing a Texas federal jury that they did not infringe intellectual property owned by a Dallas patent business, U.S. District Judge Rodney Gilstrap ruled Monday, setting aside a previous jury's $847 million verdict against the telecom giants.

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Steward Health CEO Sues Senate Panel After Contempt Vote

By Hilary Russ

The outgoing CEO of embattled Steward Health Care on Monday sued members of Congress who voted earlier this month to hold him in contempt for defying their subpoena to testify at a hearing into the downfall of the bankrupt hospital chain he heads.

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POLICY & REGULATION

Biden Admin Expands Asylum Curbs At Southern Border

By Alyssa Aquino

The Biden administration on Monday quadrupled the length of time during which stringent asylum restrictions that were introduced in June will remain in effect.

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LITIGATION

MoneyGram Beats Investor Suit Over Anti-Fraud Compliance

By Katryna Perera

An Illinois federal judge on Monday tossed a proposed securities class action accusing MoneyGram International of lying about its anti-fraud compliance, finding that the suing investors did not adequately plead any misleading statements or that MoneyGram's executives acted with an intent to deceive.

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Feds Seek Prison In Tax Case Linked To 'China Initiative'

By Elliot Weld

Prosecutors have asked a Texas federal judge for an 18- to 24-month prison sentence for a Chinese-born engineer who pled guilty to tax crimes after being charged with export violations and fraud in a case the defense claims began as an espionage investigation under the U.S. Department of Justice's now-disbanded "China Initiative."

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Red States Back High Court Bid To Undo Mont. Voting Order

By Crystal Owens

Fifteen Republican-led states are backing a U.S. Supreme Court petition by Montana that looks to undo a determination that two voting laws hindered Native Americans and students from participating in the election process, arguing that the state's high court transgressed the ordinary bounds of judicial review in making its decision.

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Schwab Nears Deal In Antitrust Suit Over TD Ameritrade Buy

By Bonnie Eslinger

Charles Schwab Corp. has reached "an agreement in principle" with retail investors who filed a proposed class action alleging increased transaction costs for trades and other antitrust injury following the Schwab-TD Ameritrade merger, the parties told a Texas federal judge Friday.

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IMMIGRATION

If Not Asylum Curbs, What Else? Mayorkas Says In Defense

By Britain Eakin

U.S. Secretary of Homeland Security Alejandro Mayorkas pointedly criticized those who have condemned new restrictions on asylum-seekers, saying Monday the limits must be viewed in light of a need for order at the southern border.

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INTELLECTUAL PROPERTY

Atari Can Pursue Copyright Claim Against State Farm Over Ad

By Ivan Moreno

Atari Interactive Inc. can pursue a copyright infringement claim against State Farm Mutual Automobile Insurance Co. because the insurer featured part of the 1980s arcade game Crystal Castles in a commercial, but a Texas federal judge tossed all the other claims in the suit from the pioneering game company.

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Fed. Circ. Keeps Patent Case Against Sony In EDTX

By Andrew Karpan

The Federal Circuit on Monday rejected Sony's bid to move a patent suit against it over a newer line of wireless PlayStation 5 controllers out of a Texas federal court, finding that it failed to show that the Northern District of California was a more convenient forum.

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DEALS

5 Firms Guide DirecTV, Dish On $10B Debt Exchange Merger

By Al Barbarino

DirecTV said Monday it has agreed to purchase EchoStar's video distribution business Dish DBS, including Dish TV and Sling TV, for a nominal $1 while absorbing nearly $10 billion worth of its debt, in a rare debt exchange-driven megadeal that is being led by at least five law firms. 

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EXPERT ANALYSIS

Opinion

AI May Limit Key Learning Opportunities For Young Attorneys

The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

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LEGAL INDUSTRY

A Deep Dive Into Law Firm Pay

By Kevin Penton

The legal industry may be known for its relatively high pay, but don't tell that to lawyers: Barely half of all attorneys feel satisfied or very satisfied with what they make, according to a new Law360 Pulse report.

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The 2024 Compensation Report: Law Firms

Law360 Pulse asked lawyers about their compensation, pay structure transparency, billable hours and more. Find out how much they earn, how satisfied they are and where some of the problem areas lie with their pay.

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Spencer Fane Combines With Las Vegas Boutique Firm

By Adrian Cruz

Spencer Fane LLP announced Tuesday that it has merged with Las Vegas boutique Holley Driggs Law Firm, adding a further 14 attorneys to its operations in Nevada's most populous city.

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Ga. High Court Declares Judicial Emergency After Helene

By Madeline Lyskawa

The Supreme Court of Georgia declared a statewide judicial emergency Monday in the wake of Hurricane Helene, which slammed into the Southeastern U.S. last week, bringing heavy rain and high winds that shut down several state courts the following day.

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Wigdor Sued For Dragging Cuomo Aide Into Harassment Case

By Ryan Boysen

Former New York Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.

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When The Client Is The Mayor, The Usual Rules Don't Apply

By Julie Manganis

Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.

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Adams Says Feds Sought To 'Tarnish' Him With Leaks

By Frank G. Runyeon

New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.

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NYC Mayor Elevates Attorneys Amid Corruption Charges

By Anna Sanders

New York City Mayor Eric Adams nominated a longtime public servant as his next corporation counsel and promoted a former WilmerHale attorney to City Hall chief counsel as the embattled Democrat faces federal corruption charges.

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Trump Cries Voter Interference As Immunity Brief Hits Docket

By Rachel Scharf

Former President Donald Trump on Tuesday slammed special counsel Jack Smith's bid to publicize some evidence in a voluminous filing over Trump's presidential immunity to election interference charges, reiterating allegations that it's a "politically motivated manifesto" aimed at influencing voters on the eve of the 2024 election.

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NYC Bar Urges Congress To Place Ethics Rules On High Court

By Andrea Keckley

The New York City Bar Association called on Congress to put U.S. Supreme Court justices under enforceable ethics rules in a report released Tuesday, throwing its support behind reforms, such as the creation of a Judicial Investigation Panel and an Office of the Inspector General.

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McElroy Deutsch Must Face 'Malicious' Claim From Fired Exec

By Jake Maher

A former business development director from McElroy Deutsch Mulvaney & Carpenter LLP has been given the go-ahead from a New Jersey state judge to bring a malicious-prosecution claim against the firm in litigation over her and her husband's alleged multimillion-dollar embezzlement from the firm.

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The Top In-House Hires Of September

By Michele Gorman

Legal department hires over the last month included high-profile appointments at Wynn Resorts, Amtrak and eBay. Here, Law360 Pulse looks at some of the top in-house announcements from September.

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Apple, Amazon Hint Hagens Berman Lacked Client's OK

By Greg Lamm

Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.

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LAW FIRMS IN TODAY'S NEWS

Allen Matkins

ArentFox Schiff

Baker Botts

Ballard Spahr

Bartlit Beck

Bathaee Dunne

Boies Schiller

Cadwalader Wickersham

Capshaw DeRieux

Cleary Gottlieb

Cohen Milstein

Crowell & Moring

Crowley Fleck

Dacus Law Firm

Davis Wright Tremaine

Debevoise & Plimpton

Elias Law Group LLP

Erise IP

Fox Rothschild

Gibson Dunn

Grotefeld Hoffmann

HWG LLP

Hagens Berman

Holley Driggs

Husch Blackwell

Jackson Walker LLP

King & Spalding

Korein Tillery

Lauro & Singer

Levi & Korsinsky

Libby Hoopes

Marino Tortorella

Mayer Brown

McElroy Deutsch

Miller Fair

Mintz Levin

Munger Tolles

Norton Rose

Orrick Herrington

Pardell Kruzyk

Patterson Belknap

Perkins Coie

Pillsbury Winthrop

Quinn Emanuel

Ropes & Gray

Russ August & Kabat

Sidley Austin

Spencer Fane

Steptoe LLP

Upper Seven Law

Ward & Smith

Weil Gotshal

White & Case

Wigdor LLP

WilmerHale

COMPANIES IN TODAY'S NEWS

ACLU of Montana

AT&T Inc.

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

American Constitution Society

American Immigration Lawyers Association

Beth Israel Deaconess Medical Center

Boston College

Catholic Legal Immigration Network Inc.

Cerberus Capital Management LP

Checkers Drive In Restaurants Inc.

Citadel Securities LLC

Coinbase Global Inc.

EchoStar Corp.

Encore Boston Harbor

Federalist Society

GoDaddy Inc.

Google LLC

International Bridge Inc.

Johns Hopkins University

Match Group LLC

Medical Properties Trust Inc.

Migration Policy Institute

MoneyGram International Inc.

Native American Rights Fund Inc.

Netflix Inc.

New York City Bar Association

Norfolk Southern Corp.

Pfizer Inc.

Primerica Inc.

Public Service Enterprise Group Inc.

Servpro Industries Inc.

Sling TV LLC

Sony Interactive Entertainment Inc.

Southwest Research Institute Inc.

State Farm Mutual Automobile Insurance Co.

Steward Health Care System LLC

Synaptics Inc.

TD Ameritrade Holding Corp.

TPG Capital LP

Telefonaktiebolaget LM Ericsson

Temple University

The Charles Schwab Corp.

The DIRECTV Group Inc.

The Linde Group

The Scotts Miracle-Gro Co.

Twitter Inc.

US Foods Inc.

Verizon Communications Inc.

Warner Bros. Entertainment Inc.

Wynn Resorts Ltd.

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Blackfeet Nation

Confederated Salish & Kootenai Tribes

Federal Trade Commission

Florida Supreme Court

Georgia Court of Appeals

Georgia Supreme Court

Internal Revenue Service

International Monetary Fund

Montana Legislature

Montana Secretary of State

National Railroad Passenger Corp.

Northern Cheyenne Tribe

Occupational Safety and Health Administration

U.S. Army Corps of Engineers

U.S. Attorney's Office for the Southern District of New York

U.S. Attorney's Office for the Western District of Texas

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Senate

U.S. Supreme Court