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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
Highland, Co-Founder Battle Over $70M Debt In 5th Circ.
Venture capital firm Highland Capital and a company owned by Highland co-founder James Dondero squared off before a Fifth Circuit panel on Tuesday, debating whether a jury was needed to weigh defenses against claims that he and his companies owe the VC firm more than $70 million.
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August 07, 2024
Bid For Ex-Judge's Phone Records Halted At Texas Hearing
A Texas bankruptcy judge shut down a bid from JCPenney's bankruptcy administrator to subpoena former Judge David R. Jones' cellphone records in a partially sealed hearing Wednesday in connection with Jones' secret romance with a onetime lawyer at Jackson Walker LLP.
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August 07, 2024
Biden Trampled Free Speech With Israeli Sanctions, Suit Says
A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.
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August 07, 2024
Texas Flags Judge's Comments In Barrier Fight To 5th Circ.
The state of Texas has raised concern to the Fifth Circuit about comments attributed to U.S. District Judge David A. Ezra that question whether the appeals court's recent opinion vacating his preliminary injunction requiring the state to relocate its 1,000-foot antimigrant buoy barrier in the Rio Grande is precedential.
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August 07, 2024
Blackstone Buys Majority Stake In Renewable-Focused Firm
Blackstone Inc.-backed private equity funds have agreed to acquire a majority stake in renewable-energy focused engineering firm Westwood Professional Services Inc., under guidance from Kirkland & Ellis LLP and Gibson Dunn & Crutcher LLP, marking Blackstone's latest bid to support energy transition, according to a Wednesday announcement.
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August 07, 2024
SpaceX Can't Stop Transfer Of NLRB Constitutionality Suit
SpaceX can't stop its challenge to the constitutionality of the National Labor Relations Board's structure from landing in California, a Texas federal judge ruled, saying the company appealed to the Fifth Circuit months after the transfer order.
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August 07, 2024
Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit
Attorneys from Dykema representing a baseball training program in its trademark battle against Sony hit back at the media juggernaut's bid for punitive sanctions Tuesday, blasting the request as baseless.
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August 07, 2024
5th Circ. Grapples With 'Ridiculous' $100M Arbitration
A Fifth Circuit panel struggled to make sense out of a "ridiculous" arbitration proceeding that produced four contradictory arbitration awards in a legal malpractice dispute, one awarding $100 million, pressing both sides during oral arguments Wednesday to give answers about how the "spectacle" unfolded.
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August 07, 2024
Emerging Company Duo Join Pillsbury In Austin, Houston
Pillsbury Winthrop Shaw Pittman LLP announced that a pair of experienced Texas-based attorneys focused on working with emerging growth companies joined the firm's Austin and Houston offices.
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August 07, 2024
BP Malpractice Deal Needs Work, 5th Circ. Says
The Fifth Circuit scrapped a legal malpractice settlement in a consolidated lawsuit alleging attorneys were negligent in representing plaintiffs seeking compensation following the BP Deepwater Horizon oil spill, with a panel finding the terms were not mutually agreed upon.
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August 07, 2024
FERC Defends Rejection Of Grid Operator's Project Cost Plan
The Federal Energy Regulatory Commission is asking the D.C. Circuit to deny two electricity cooperatives' petitions challenging its decision to reject a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint.
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August 07, 2024
Lewis Brisbois Grows In Dallas With Ex-Mackie Wolf Litigators
Lewis Brisbois Bisgaard & Smith LLP announced Wednesday that it has boosted its litigation bench in Dallas with a pair of attorneys who came aboard from Mackie Wolf Zientz & Mann PC.
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August 07, 2024
5th Circ. Tosses Passengers' Suit Over Southwest TSA Fees
The Fifth Circuit has sided with Southwest Airlines Co. in a suit alleging it breached passengers' contracts by giving them travel credits instead of refunds for Transportation Security Administration security fees, finding the claims were correctly preempted by the Airline Deregulation Act.
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August 07, 2024
L3Harris Narrows But Can't End Religious Bias Suit
Technology company L3Harris can't toss a former worker's claims that he was fired for being Christian after he complained that his new boss was harassing him, a Texas federal judge ruled, but his claims of age bias and retaliation lacked enough proof to stay in court.
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August 06, 2024
Pilots Union Tells 5th Circ. Southwest Put Animus In Policy
Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.
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August 06, 2024
4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
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August 06, 2024
Try Samsung's Petition Again, USPTO's Vidal Tells PTAB
The head of the U.S. Patent and Trademark Office decided to give Samsung another shot at killing off infringement claims that a patent licensing outfit is trying to assert over the Galaxy Watch In Texas federal court.
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August 06, 2024
Amazon Contractor Can't Escape Worker's Welding Injury Suit
A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.
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August 06, 2024
Ex-Mayor's Fight With Law Firm No RICO Case, 5th Circ. Told
Counsel for convicted fraudster and former Texas Mayor Laura Maczka-Jordan said it's significant that a law firm accusing her and her husband of racketeering represented itself during oral arguments before the Fifth Circuit Tuesday, arguing that the case deals with a lease dispute rather than a racketeering scheme.
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August 06, 2024
Houston Partially Escapes Pappas Restaurants' Airport Suit
A state appeals court agreed Tuesday with Houston's argument that a concessions contract with the William P. Hobby Airport did not require the city to follow the Texas Government Code's competitive bidding requirements, partially tossing a suit brought by Pappas Restaurants over its loss of the 2023 agreement.
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August 06, 2024
Astroworld MDL's Special Master Owed Nearly $60K In Fees
The special master appointed to oversee discovery disputes in civil litigation stemming from the deadly 2021 Astroworld festival racked up nearly $60,000 in fees and expenses, according to a trial court order issued Monday.
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August 06, 2024
CFPB Pans Bid For 5th Circ. To Reopen Payday Rule Fight
The Consumer Financial Protection Bureau has urged the Fifth Circuit to deny a rehearing bid for a payday loan industry rule challenge that previously foundered at the U.S. Supreme Court, arguing it's time to put the long-running case to bed.
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August 06, 2024
Powell, Trump Attys Seek To Halt Mich. Bar Discipline Cases
Sidney Powell and other attorneys behind a legal challenge to Michigan's 2020 presidential election results want bar discipline proceedings paused while they ask the Michigan Supreme Court to step in and dismiss the professional misconduct complaints.
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August 06, 2024
Elon Musk's X Sues CVS, Mars, Ads Group Claiming 'Boycott'
Elon Musk's X Corp. sued the World Federation of Advertisers, Unilever, Mars Inc., CVS Health and Ørsted in Texas federal court Tuesday, inspired by a House Judiciary Committee Republican staffer report decrying efforts to avoid advertising next to hate speech and other "disfavored" content as an anticompetitive group boycott.
Expert Analysis
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.