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March 14, 2025
ExxonMobil Brings $14M Clean Air Act Suit To High Court
ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decadesold high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.
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March 14, 2025
Texas Judge Rejects Ex-GloriFi CEO's Bid To Stop Claims Sale
A Texas federal judge shot down an alleged attempt by the former CEO of bankrupt conservative-centered fintech startup GloriFi to preserve the ability to sue investors like Ken Griffin's Citadel LLC and Vivek Ramaswamy, saying Friday the bankruptcy judge got it right.
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March 14, 2025
Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.
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March 14, 2025
Fort Worth's Unwieldy PFAS Suit Against Gov't, Cos. Gets Split
A Texas federal judge on Friday ruled that Fort Worth's $420.6 million suit seeking to hold the federal government and various manufacturers liable for PFAS contamination must be split into separate cases, or risk being too unwieldy and confusing for jurors.
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March 14, 2025
Fed. Circ. OKs Apple's Patent Board Win In Beacon Dispute
The Federal Circuit on Friday signed off on a ruling from the patent board that wiped out all of the claims Apple challenged in a patent covering location-tracking beacons that was asserted against a software protocol developed for iPhones and iPads.
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March 14, 2025
5th Circ. Affirms Energy Exec's Insider Trading Conviction
The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures Thursday based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.
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March 14, 2025
Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit
A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.
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March 14, 2025
Judge Gilstrap Won't Revive Patent In $142M Samsung Case
A Texas federal judge has denied G+ Communications' motion for a judgment that one of the three wireless network patents it asserted against Samsung is not ineligible, in a ruling that comes about a year after jurors cleared the electronics giant of infringing that patent but awarded $142 million for infringement of the other two.
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March 14, 2025
Record Labels Want Out Of Copyright Suit Over Cardi B Song
Two music creators who say Cardi B's hit "Enough (Miami)" infringed a song they wrote in 2021 cannot circumvent the need for a copyright registration merely by framing their claim under common law, Atlantic Records and Warner Music Group have said in a bid to toss the Texas federal lawsuit.
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March 14, 2025
SpaceX Suit Against Coastal Commission Grounded, For Now
A California federal judge dismissed SpaceX's suit Friday alleging the California Coastal Commission wrongly tried to block its rocket launches, but allowed leave to amend the complaint after warning the company's lawyer he would not grant any leave if he kept up his current line of attack on the suit.
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March 14, 2025
Halliburton Rival Loses Fracking Claims At Fed. Circ.
The Federal Circuit has affirmed findings in Halliburton's favor at the Patent Trial and Appeal Board that came after the company challenged claims in patents covering electric pumps used in hydraulic fracturing.
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March 14, 2025
Father Drops Suit Over Auction Of NBA Star's Viral Jersey
The New York man whose young son swapped jerseys with NBA star Victor Wembanyama dismissed his state court lawsuit on Friday against the company that sold the jersey for more than $73,000.
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March 14, 2025
Startup Investor Says Cooley Knew About Fraud Probe
Attorneys for a dry cleaning delivery startup knew that the founder and sole director of the company had fabricated company documents and was the subject of an active securities fraud investigation in Texas as he solicited money from investors, an ex-board member said Friday in response to the law firm's bid to toss a securities fraud lawsuit.
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March 14, 2025
5th Circ. Reverses Insurer's Bar Assault Coverage Win
The Fifth Circuit reversed on Friday a decision finding a bar's insurer had to pay only $1 million of a $3.2 million judgment because a settlement demand letter was too vague, saying the lower court should have declined to hear the case and must toss it on remand.
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March 14, 2025
Atty Gets 8½ Years For Attempted Embassy Attack
A Florida attorney who pled guilty to damaging a San Antonio sculpture and unsuccessfully trying to detonate explosives outside the Chinese Embassy in Washington, D.C., was sentenced to 8½ years Friday, after the judge overseeing the case said the defendant's own statements at the hearing likely got him more time.
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March 13, 2025
Texas AG Says Dallas Might Have 'Sanctuary City' Policy
The Texas Office of the Attorney General announced Thursday it has launched an investigation into the city of Dallas over its alleged refusal to comply with state and federal immigration laws, saying it had concerns Dallas police weren't assisting federal agencies' immigration enforcement efforts.
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March 13, 2025
$181K Sanctions Against Texas AG-Tied Investor Stand
A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.
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March 13, 2025
AT&T, Verizon, T-Mobile Face IP Litigation Over 4G, 5G Tech
AT&T, Verizon and T-Mobile are accused of infringing patents with technology that runs on 4G/LTE and 5G standards, according to Pegasus Wireless Corp. in new litigation in Texas federal court.
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March 13, 2025
Texas Court Rules Against Unresponsive Crypto DAO
A Texas federal judge on Thursday entered a default judgment against a decentralized crypto exchange that failed to respond to an online summons posted by individuals who say they lost money on the exchange, but questions remain as to who will pay any penalties that may be handed down against the platform.
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March 13, 2025
Fed. Circ. Dings Antibody Patent App For Lacking Description
The Federal Circuit on Thursday affirmed a decision from top U.S. Patent and Trademark Office officials in a highly watched and technical dispute over an antibody patent application, concluding that preambles for so-called Jepson claims need sufficient written descriptions.
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March 13, 2025
Housing Advocacy Groups Sue Over HUD Grant Cuts
A coalition of advocacy organizations filed a proposed class action in Massachusetts federal court Thursday against the Trump administration over the termination of dozens of grants to programs targeting housing discrimination.
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March 13, 2025
Full Fed. Circ. Probes Basis For $20M Google Patent Verdict
The en banc Federal Circuit on Thursday closely scrutinized the damages evidence underlying EcoFactor's $20 million thermostat patent trial victory against Google, with some judges suggesting that it doesn't support the testimony given by EcoFactor's expert witness.
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March 13, 2025
Sandy Hook Families Oppose Revived Infowars Sale Bid
Families of the victims of the 2012 Sandy Hook Elementary School shooting have urged a Texas bankruptcy judge to block an Alex Jones-affiliated company's revived bid to buy his Infowars platform, saying it will cause delays in the more than three-year-old related bankruptcy cases.
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March 13, 2025
Law Firm Helped Fintech CEO Undercut $1.7B Deal, Suit Says
A fintech startup that went belly up after a $1.7 billion deal to take it public fell apart told a Texas federal court that Chapman and Cutler LLP helped the startup's CEO stab it in the back, saying in a Thursday complaint the firm breached its fiduciary duties.
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March 13, 2025
Amid Del. Corporate Law Overhaul Push, Texas Turns Up Heat
As Delaware lawmakers advance changes to the state's general corporation law — aimed in part at stopping companies from moving their corporate charters — they are facing increased pressure from their counterparts in Texas, where legislation appears to be on a fast dash in an attempt to convince more businesses to make it their legal home.
Expert Analysis
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Bid Protest Roundup: 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.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
IRS Should Revise Overbroad Microcaptive Regs
Rather than seeking to curtail use of congressionally sanctioned microcaptive insurance programs by imposing burdensome disclosure obligations, the Internal Revenue Service should revisit its recently finalized regulations and implement rules tailored to address areas of specific abuse, say attorneys at Zerbe Miller.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.