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April 16, 2025
3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact
The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.
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April 16, 2025
Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage
Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.
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April 16, 2025
5th Circ. Says Late Settlement Notice Means No Coverage
A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.
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April 16, 2025
Mich. AG Pushes For Strengthening Consumer Protection Law
Michigan's attorney general on Wednesday asked lawmakers to broaden the reach of the state's consumer protection law following a setback in her efforts to change the law in court.
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April 16, 2025
Jackson Walker Hits Back At Bankruptcy Court Standing Brief
Jackson Walker LLP told a federal judge that the CEO of a now-bankrupt barge company is improperly trying to relitigate the issue of standing in bankruptcy court with his suit over a former judge's secret romance with a firm partner.
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April 16, 2025
Texas Judge Romance Fees Trial Nixed After Disputes Moved
A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.
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April 16, 2025
Texas Law Firm Hits Rival With Web Search Keywords Suit
Texas personal injury firm Thomas J. Henry Law has claimed in a lawsuit filed in Texas federal court that a Lone Star State competitor is unlawfully capitalizing on his reputation by misdirecting web searches through the purchase of certain search keywords.
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April 16, 2025
X Corp. On The Hook For $105M In Video IP Row, Jury Finds
X Corp. will have to cough up $105 million after a Dallas jury found Wednesday that it infringed a startup company's video sharing technology, awarding significantly less than the $632 million that the patent owner VidStream LLC had sought.
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April 16, 2025
More Students Sue Over Scrapped Foreign Student Records
More than 130 international students accused the U.S. Department of Homeland Security of abruptly and unlawfully terminating digital visa compliance records, saying in a complaint filed in Georgia federal court that the data deletion puts them at risk of arrest, detention and deportation.
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April 16, 2025
Global Clean Energy Files Ch. 11 With Over $2B In Debt
Renewable fuels company Global Clean Energy Holdings Inc. filed for Chapter 11 relief Wednesday in Texas with more than $2 billion of liabilities, about $2 million of cash on hand and a prearranged restructuring plan supported by most of its secured lenders.
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April 15, 2025
X Corp. Should Pay $632M For Stealing Video IP, Jury Hears
X Corp. systematically copied a startup's video sharing technology while stringing it along with promises of a partnership, VidStream LLC told a Dallas jury during closing arguments Tuesday in a $632 million intellectual property suit that has spanned nearly a decade.
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April 15, 2025
La. Parish Still Wants 5th Circ. To Remand Insurance Case
A Louisiana parish has again urged the Fifth Circuit to send its dispute over coverage for property damage caused by a pair of hurricanes back to district court, saying "everyone agrees" that the lower court made a procedural misstep that was subsequently wrongly appealed.
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April 15, 2025
Kinder Morgan Must Face $100M Texas Storm Billing Dispute
A Texas state appeals court said Tuesday that Kinder Morgan must face a suit over $100 million in invoices stemming from a February 2021 winter storm that caused a power crisis in the state, finding that the company hadn't shown it was forced to reduce gas supplied to a customer at the height of the storm.
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April 15, 2025
Judge Vacates CFPB's Credit Card Late Fee Rule
A Texas federal judge on Tuesday vacated the Consumer Financial Protection Bureau's $8 credit card late fee rule after the agency reached a deal with the U.S. Chamber of Commerce and other trade groups to settle their litigation over the agency's Biden-era rule.
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April 15, 2025
Natural Gas Biz Finalizes $400M Credit Facility
Natural gas gathering and processing midstream company Vaquero Midstream on Tuesday announced that it closed on an expanded $400 million credit facility led by Bok Financial.
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April 15, 2025
DLA Piper Says Ex-ArentFox RE Duo Bolsters Lender Services
DLA Piper has announced the latest additions to its real estate team, welcoming two former ArentFox Schiff LLP lawyers who the firm says will bolster its services for lending-focused clients.
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April 15, 2025
Holland & Knight Picks Up Reed Smith Oil & Gas Pro In Texas
Holland & Knight LLP announced Tuesday that it has hired a former Reed Smith LLP partner to bolster its corporate oil and gas practice and advise clients about liquefied natural gas and other transactions.
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April 15, 2025
Phillies Say Stats Co. Halted Contract Amid Exclusivity Suit
The Philadelphia Phillies added a breach claim to a lawsuit that accuses the owners of a baseball statistics and analytics program of trying to sell a system it was hired to develop exclusively for the Major League Baseball team.
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April 15, 2025
Husch Blackwell Adds Chamberlain Hrdlicka Bankruptcy Ace
Husch Blackwell LLP has fortified its insolvency and commercial bankruptcy practice with a partner in Austin, Texas, who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.
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April 14, 2025
Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction
A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.
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April 14, 2025
Covington, Latham Guide In Lowe's $1.3B Artisan Design Buy
Lowe's, advised by Covington & Burling LLP, has entered a definitive agreement to buy Dallas-based interior finishing company Artisan Design Group for more than $1.3 billion, expanding the reach of the American home improvement retail giant's professional services, dubbed Lowe's Pro, Lowe's announced Monday.
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April 14, 2025
Judge Says Barretts Needs Independence To Resolve Ch. 11
A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.
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April 14, 2025
Calif. Board Says SpaceX Suit Should Be Grounded For Good
The California Coastal Commission moved Friday for another dismissal of SpaceX's suit alleging the commission wrongly tried to block its plan to increase rocket launches from Vandenberg Space Force Base in California, saying because the commission's opposition was overridden by the U.S. Air Force, no harm was caused.
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April 14, 2025
X Corp. Says Media Matters Must Hand Over Employee Names
X Corp. asked a Texas federal judge to make left-leaning media watchdog Media Matters turn over the names of its employees as the latest salvo in a fight over allegedly defamatory articles it wrote, saying Monday that Media Matters was giving "boilerplate objections."
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April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
Expert Analysis
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.