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July 18, 2024
American Airlines Hit With Class Action Over Sales Strategy
An investor launched a proposed class action against American Airlines over the company's botched sales and distribution strategy, saying that American touted its strategy as driving revenue while hiding the fact that the strategy was "driving customers away" in a Texas federal court on Thursday.
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July 18, 2024
Consumers Hit CenterPoint With 2nd Class Action Over Beryl
CenterPoint Energy Inc. has been hit with a second proposed class action over widespread power outages in the Houston area following Hurricane Beryl, this time from consumers in the Houston-Galveston area who were impacted by the storm.
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July 18, 2024
Blank Rome Adds Reed Smith Trio In Houston, Pittsburgh
A team of three former Reed Smith attorneys specializing in financial transactions in the energy sector have recently moved their practices to Blank Rome LLP's Houston and Pittsburgh offices.
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July 18, 2024
Mixed Results Greet 2 IPOs For Hospital Giant, Insurance Firm
Private equity-backed hospital operator Ardent Health and insurance brokerage TWFG Inc. began trading Thursday after completing two initial public offerings that raised $379 million combined at varying points of their price ranges, guided by four law firms.
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July 18, 2024
King & Spalding Guides Quanta's $1.5B Cupertino Buy
Houston-based Quanta Services Inc. said Thursday it has acquired fellow energy infrastructure provider Cupertino Electric Inc. for up to $1.54 billion, with King & Spalding LLP and Fenwick & West LLP providing legal counsel on the deal, respectively.
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July 17, 2024
T-Mobile, AT&T, Verizon Accused Of Using Negotiating Cartel
An intellectual property licensing business on Wednesday filed yet another suit against AT&T, T-Mobile and Verizon Wireless, this time accusing the telecommunications companies of wielding their market power and conspiring to refuse to license innovative 4G and 5G wireless communications system technology.
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July 17, 2024
EPA Disputes High Court Link To Texas Clean Air Act Case
The U.S. Environmental Protection Agency argued that the U.S. Supreme Court's recent ruling blocking a federal plan to reduce cross-state pollution does not impact the EPA's decision to reject state plans submitted by Texas, Louisiana and Mississippi.
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July 17, 2024
Client Bids Didn't Trigger Fla. Long-Arm Law In Breach Suit
A Florida appellate court on Wednesday tossed a breach of contract lawsuit brought by a wealth planner against two out-of-state companies, saying that the parties did not do business in Florida and that a visit to win over potential clients wasn't enough to establish jurisdiction in the Sunshine State.
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July 17, 2024
Ex-SEC Lawyer's Fellow Penny Stock Fraudster To Pay $1M
A Texas federal judge handed down final judgment Tuesday to a co-defendant of an ex-SEC lawyer turned fraudster in a civil case involving a penny stock scheme, barring Justin Herman from ever dealing penny stocks again and ordering him to pay over $1 million.
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July 17, 2024
Zoho Gets PTAB To Cut Bulk Of Conference Call Patent Claims
Several Patent Trial and Appeal Board decisions have wiped out claims in patents covering ways of coordinating conference calls online, following a challenge from a major Indian software company that's facing an infringement lawsuit over the patents in Texas.
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July 17, 2024
Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit
Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant's use of the phrase "future star series" in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations.
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July 17, 2024
FTC Cites 3rd Circ. In Defending Noncompete Ban
The Federal Trade Commission has continued to argue against a preliminary injunction a tree services company wants against its noncompete ban, directing a Pennsylvania federal judge to look at a Third Circuit decision from the day before calling for a high bar on initial court blocks absent immediate and permanent harm.
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July 17, 2024
Workers Claim Trucking, Visa Cos. Ran Labor Scam
Two African immigrants have accused a trucking company and an immigration services firm of running a yearslong enterprise to force workers from abroad to perform dangerous and unsafe work.
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July 17, 2024
Split 5th Circ. Allows Limits On Arlington Donation Boxes
A split Fifth Circuit upheld an Arlington, Texas, ordinance regulating the placement of donation boxes, writing that the regulation is content-neutral and tailored in a way that gives local charities the ability to collect donations through other means, even if it limits box locations.
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July 17, 2024
Merrill Lynch Urges Arbitration Of Sweeping RICO Lawsuit
Merrill Lynch told a Texas federal judge Tuesday that a wealthy telecommunications entrepreneur who is accusing the bank of a sweeping money laundering fraud doesn't have the right to bring the case to court, as the entrepreneur agreed to arbitration when he parked his money with Merrill.
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July 17, 2024
Co. Seeks $17M Refund Of Celsius' Payments For Mining Site
The successor to Celsius' bitcoin mining operation alleged in a New York bankruptcy court it is owed over $17 million in refunds for payments that the cryptocurrency platform company made to another firm that promised to build a crypto farm in Texas and failed to satisfy the agreement.
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July 17, 2024
Target Hit With Suit After Texas Infant Died In Baby Lounger
Target and the makers of an infant lounger have been hit with a product liability lawsuit from a Texas couple who allege their 7-month-old daughter died after falling out of the device.
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July 17, 2024
Jerry Jones, Alleged Daughter Spar As Contract Trial Nears
With the start of trial in Jerry Jones' contract breach lawsuit approaching in Texas federal court, the woman claiming to be the Dallas Cowboys owner's daughter denied his accusations of perjury, destruction of evidence and failing to provide documents ordered by the court.
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July 17, 2024
Heart Doctor's Sham Suit Claims Cut From Antitrust Row
Defending against allegedly sham monopolization claims wasn't enough for a Texas federal judge to preserve counterclaims from a Laredo cardiologist and his medical center contending the lawsuit is only meant to cement their foes' own monopoly in the city, with the judge on Tuesday finding no injury to establish standing.
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July 17, 2024
Chevron Repeal Doesn't Impact Benefits Rule Fight, DOL Says
The U.S. Supreme Court's rollback of Chevron deference doesn't boost the likelihood of success for a trade group's claims that a U.S. Department of Labor regulation unlawfully expanded the pool of retirement advisers with obligations under federal benefits law, the agency told a Texas federal judge Wednesday.
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July 17, 2024
High Court Rulings Don't Nix Judge Romance Suit, Court Told
An investor suing Jackson Walker LLP over an ex-employee's secret romantic relationship with a former Texas bankruptcy judge told the court Tuesday that, despite what the firm says, recent U.S. Supreme Court decisions on standing do not change the fact that he suffered real harm from the firm.
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July 16, 2024
Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law
Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.
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July 16, 2024
KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.
The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.
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July 16, 2024
5th Circ. Hands Loss To Canadian Standards Group In IP Fight
A split Fifth Circuit panel said a lower court improperly gave a win to the Canadian Standards Association in a copyright suit over electrical codes, telling the lower court to give a win to P.S. Knight Co. Ltd. in the case.
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July 16, 2024
Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner
A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.
Expert Analysis
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Exxon ESG Proxy Statement Suit May Chill Investor Proposals
Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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3 Administrative Law Lessons From 5th Circ. Appliance Ruling
Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.
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What To Know About WDTX Standing Order For Patent Cases
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
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Opinion
3rd-Party Financiers Have Power To Drive Mass Tort Cases
The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.