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August 26, 2024
New $400M Suit Over NBA Jersey Deal Alleges Owner Threats
A beverage company and its founder have accused the NBA's Houston Rockets of defrauding it in a proposed jersey sponsorship and product promotion deal, and claimed that owner Tilman Fertitta sent his lawyers to threaten them, in a suit filed in Florida federal court that seeks more than $400 million in damages.
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August 26, 2024
Kirkland-Led CenterOak Clinches 3rd Fund With $1.1B In Tow
Dallas-based private equity shop CenterOak Partners LLC, advised by Kirkland & Ellis LLP, on Monday said that it nabbed over $1.1 billion of total commitments for its third private equity fund.
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August 26, 2024
5th Circ. Holds Off On Gulf Fishery Council Rule Challenge
The Fifth Circuit on Friday ordered a Mississippi federal judge to decide key issues that went unaddressed in his ruling upholding a fishing limit in the Gulf of Mexico, saying that new case law must be applied before it handles the appeal.
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August 26, 2024
Texas Cases To Watch In Last Half Of 2024
Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury.
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August 26, 2024
Latino Nonprofit Drops Suit Over Houston At-Large Voting
Civil rights organization LULAC has dropped a 2022 lawsuit against the city of Houston alleging that its at-large voting system for certain City Council positions discriminates against Latino voters.
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August 26, 2024
McKesson Inks $2.49B Deal For Cancer-Focused Biz
Healthcare services provider McKesson Corp. on Monday announced plans to acquire a majority stake in Paul Weiss Rifkind Wharton & Garrison LLP-advised Florida Cancer Specialists & Research Institute's Community Oncology Revitalization Enterprise Ventures for $2.49 billion.
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August 26, 2024
Ex-Branscomb Atty Must Comply With Arbitration Award
A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.
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August 26, 2024
Texas Bitcoin Miner Hits Ch. 11 With More Than $50M In Debt
Cryptocurrency miner Rhodium filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt.
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August 23, 2024
TriZetto Says Infosys Swiped Healthcare Software Secrets
Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.
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August 23, 2024
Real Estate Recap: Key Cases, Proptech Pain, RealPage Suit
Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the residential real estate cases to watch in 2024's second half, proptech's recent funding lapse and long-term potential, and a new lawsuit from the U.S. Department of Justice against property management software company RealPage.
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August 23, 2024
PE Fund Says SEC Is Overstepping With 'Fishing Expedition'
A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.
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August 23, 2024
Google Pushes To Depose A Texas Official In Biometric Suit
Google is crying foul in a state court of appeals over Texas' refusal to let it take a deposition of either a representative or an employee of the Texas Office of the Attorney General, saying in a petition that it was forced to defend itself without full discovery.
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August 23, 2024
Transport Co.'s Union Pushback Flouted Law, Judge Says
A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
American Airlines Keeps Win In Passenger's False Arrest Suit
A Texas appellate court has upheld the dismissal of a passenger's suit against American Airlines Inc. over his misidentification and wrongful arrest, saying the airline and its then-employee did not have a duty to protect him from false arrest or keep his information from law enforcement when lawfully subpoenaed.
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August 23, 2024
737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal
Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.
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August 23, 2024
Texas Sues To Halt Green Cards For Mixed-Status Families
Texas sued the Biden administration Friday seeking to block a new program for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country, saying it exceeds the administration's parole authority.
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August 23, 2024
Fed. Circ. Nixes $3.9M Dish Fee In Albright-Authored Decision
The Federal Circuit has ruled that Dish Network should not have been awarded a $3.9 million fee for its successful patent suit defense against Realtime Adaptive Streaming, finding in a decision written by Texas federal judge Alan Albright that a lower court judge abused his discretion when he found the case "exceptional" based on six "red flags."
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August 23, 2024
Latino Group Seeks Inquiry Into AG Paxton's Voter Fraud Raids
The Texas arm of the League of United Latin American Citizens is calling for a federal investigation into reports of "police state tactics" used by the Texas attorney general's office during its investigation of voter fraud.
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August 23, 2024
Texas City Can't Avoid Improvement District Bond Payments
A Texas appeals court has affirmed a Dallas specialty finance company's win over the city of Hutto, finding this week that the finance company made valid transactions despite the city's protests that the bonds at issue weren't valid under state law.
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August 23, 2024
Sale Sought For Assets Of Alex Jones' Co.
The court-appointed trustee in Alex Jones' bankruptcy case has asked a Texas judge to authorize the liquidation and wind-down of Free Speech Systems LLC, arguing that Jones' estate wholly owns the company and that it has valuable assets to monetize.
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August 23, 2024
Canada Mining Biz Seeks US Listing Via $589M SPAC Merger
Canadian rare-earth miner Tactical Resources Corp. plans to go public in the U.S. by merging with special purpose acquisition company Plum Acquisition III Corp. at an estimated value of $589 million, both parties announced on Friday, through a deal guided by four law firms.
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August 23, 2024
The Biggest Texas Trial Rulings Of 2024: Midyear Report
Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.
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August 23, 2024
Clinic Biz Can Tap Additional Ch. 11 Lifeline, Judge Says
A Delaware bankruptcy judge agreed on Friday to allow clinic operator Pioneer Health to take on more debtor-in-possession financing as it works toward an asset sale, finding the latest arrangement to be in the debtor's best interest.
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August 23, 2024
5th Circ. Strikes Down DOL Tip Rule
The Fifth Circuit on Friday struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
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.