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February 21, 2025
Ex-Trump Atty Powell Can't Dodge Michigan Ethics Claims
The Michigan Attorney Discipline Board has denied Sidney Powell's latest attempt to shake misconduct claims over a legal challenge to Michigan's 2020 presidential election results and advancing Donald Trump's election fraud theories, finding that a Texas disciplinary board's decision not to discipline Powell isn't binding on the Michigan proceedings.
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February 21, 2025
Whirlpool Seeks More Damages And Fees After $27M TM Win
Michigan-based appliance company Whirlpool Corp. has requested enhanced damages and attorney fees after a Texas federal jury found last month that Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. owed Whirlpool $27 million for willfully infringing and diluting the trademark for its iconic KitchenAid stand mixers.
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February 21, 2025
Appeals Court Says No Contract Dooms Ranch Sale Challenge
A Texas appeals court found no grounds to revive most of the rejected claims a land brokerage lodged against the owners of a 1,200-acre ranch and their real estate and escrow agents after its attempt to buy the property fell through.
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February 21, 2025
Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says
The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.
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February 21, 2025
CFPB's $8 Late Fee Rule On Ropes As Banks Move In For Kill
The U.S. Chamber of Commerce and other trade groups have urged a Texas federal judge to strike down the Consumer Financial Protection Bureau's $8 credit card late fee rule once and for all, saying, among other things, that the CFPB is itself a "veritable issue-spotter of constitutional law violations."
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Solar Farm Says FERC Can't Justify Grid Upgrade Cost Order
Developers of a Texas solar farm told the D.C. Circuit that the Federal Energy Regulatory Commission acted unlawfully by allowing a transmission operator to assign them $311 million in grid upgrade costs to connect their solar project to the grid.
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February 21, 2025
Alcon Hit With Suit Over Allegedly Contaminated Eye Drops
Alcon Laboratories Inc. has been hit with a proposed class action in Colorado federal court alleging that its eye drops are contaminated by fungus, in a case brought by a woman who says she was injured by using the drops for months.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Wood Smith Gains Trial Pro In Dallas From Taylor Anderson
Wood Smith Henning & Berman LLP has added a partner in Dallas from Taylor Anderson LLP who expands the firm's offerings in trial and appellate defense.
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February 21, 2025
Taxation With Representation: Kirkland, V&E, Cravath, Dechert
In this week's Taxation With Representation, Diamondback Energy buys Midland Basin assets from another oil and natural gas company, GTCR closes its second strategic growth fund, Light & Wonder Inc. buys Grover Gaming's assets, and Barings acquires Artemis Real Estate Partners.
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
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February 20, 2025
DOJ Says It Will Drop Immigrant Bias Case Against SpaceX
The U.S. Department of Justice told a Texas federal judge Thursday that it plans to drop administrative proceedings alleging Elon Musk's Space Exploration Technologies Corp. refused to hire refugees and asylees.
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February 20, 2025
Walgreens Says Theft Dispute Ruling Is 'Texbook Bad Law'
An attorney for Walgreens told the Texas Supreme Court on Thursday that a lower appellate court's failure to dismiss a shopper's negligent hiring claim under the state's anti-SLAPP statute is " textbook bad law" because the court dismissed the underlying cause of action that the shopper's claim stems from.
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February 20, 2025
Del. Chief Justice Targets Social Media's Pressure On Courts
Acknowledging that "some of those who lose don't take it well" and have tools to "cause judges great pain," Delaware's chief justice told a state budget panel Thursday that social media had amplified dissatisfaction with some court rulings despite global respect for the state's system.
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February 20, 2025
Barista, NLRB Agree To Put Constitutional Challenge On Ice
A Texas federal judge on Thursday paused a constitutional challenge against the National Labor Relations Board from a Starbucks worker represented by the National Right to Work Legal Defense Foundation, after the parties requested a stay in light of former board member Gwynne Wilcox's suit over her firing.
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February 20, 2025
Texas Claims NCAA Flouting Order On Trans Athletes
Texas Attorney General Ken Paxton alleged Thursday that the NCAA's new policy for transgender athletes does not comport with an executive order signed by President Donald Trump designed to keep student athletes from participating in sports other than those designated for their sex assigned at birth.
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February 20, 2025
Court Asks Trump's DOJ To Opine On Texas Tribal Land Fight
A Texas federal judge has ordered the U.S. government to say whether it still wants to intervene in a land dispute between the Ysleta Del Sur Pueblo tribe and the city of El Paso now that Donald Trump is president.
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February 20, 2025
Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony
Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.
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February 20, 2025
Schwab Antitrust Settlement With Investors Gets Initial OK
A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.
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February 20, 2025
Bell Textron Says Iran Is Refusing To Pay $1.7M Storage Costs
Helicopter manufacturer Bell Textron Inc. has sued the Islamic Republic of Iran in Texas federal court, claiming it is owed $1.67 million for its continued storage of equipment once owned by the pre-revolutionary Iranian government.
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February 20, 2025
Texas Judge Threatens Charges Over 'Dead' Expert's Signature
A Texas federal judge is threatening a prominent Houston attorney and elected official with criminal charges for filing a document allegedly signed by an expert witness who had been dead for nearly a year.
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February 20, 2025
Last Biden US Atty In Texas Departs After Trump Firing Move
The last remaining U.S. attorney in the Lone Star State appointed by former President Joe Biden left his post after President Donald Trump vowed to terminate all U.S. attorneys appointed by his predecessor.
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February 20, 2025
Texas Bar Forbids Revenue Sharing With Non-Atty Companies
In a new opinion, the State Bar of Texas' ethics watchdog said lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions.
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February 19, 2025
Constitutional Claims Fail To Stop SEC Insider Trading Suit
A Texas man must face U.S. Securities and Exchange Commission claims that he profited off of inside information about a Boston Scientific acquisition that he learned about from his domestic partner after a federal judge rejected his arguments that the regulator sued him unconstitutionally.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.