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September 11, 2024
FTC Fights Pa. Noncompete Ban Challenger's Pause Bid
The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.
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September 11, 2024
Fed. Circ. Lets Roku IP Dispute Move From Texas To Calif.
The Federal Circuit on Wednesday declined to reverse a Texas district court's transfer of a suit accusing Roku of infringing patents on automatic content recognition technology for commercial advertising, holding the Texas court wasn't wrong to find California had a stronger local interest in the dispute.
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September 11, 2024
AGIS Accuses General Dynamics Stole Comms System Tech
AGIS Inc. hit General Dynamics Corporation with a patent infringement suit in Texas federal court on Tuesday, accusing the global defense company of ripping off technology for a handheld communications device utilized by first responders.
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September 11, 2024
5th Circ. To Rethink Houston Firm's Poaching Suit Removal
The Fifth Circuit agreed on Wednesday to rethink its decision not to touch a dispute between Abraham Watkins Nichols Agosto Aziz & Stogner and one of its former attorneys over whether the ex-employee waived his right to remove the firm's poaching suit to federal court.
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September 11, 2024
King & Spalding Adds 4 Attys To Mass Torts Practice In Texas
King & Spalding LLP continues to grow its Texas presence, announcing Wednesday that it has added four partners from Butler Snow LLP to its product liability and mass torts practice group.
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September 11, 2024
Invitation Homes' $200M Summer Spend Added 580 SFRs
Single-family rental operator Invitation Homes acquired 580 homes in three key markets over July and August, for a total investment of roughly $216 million, the Dallas-based company said Tuesday.
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September 11, 2024
Atlanta VC Fund Folds Black-Only Grant Contest To End Suit
An Atlanta-based venture capital fund that ran a program to award grants to businesses owned by Black women has agreed to shut down the contest after a split Eleventh Circuit panel found the practice may violate federal discrimination laws.
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September 11, 2024
Worker Credit Moratorium Effectively Killed Claims, Court Told
An Internal Revenue Service moratorium on processing tax credits for retaining employees during the coronavirus pandemic has effectively disallowed the granting of credits to deserving businesses, a Texas Montessori school told a federal court as it pursued a refund of nearly $200,000 in credits.
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September 11, 2024
E-Discovery Co. CS Disco Hires Seasoned Exec As Ops SVP
E-discovery software provider CS Disco has picked an experienced business executive to fill the role of senior vice president of operations, one of several senior leadership changes the company has made this year.
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September 10, 2024
Verizon, Ericsson Slam 'Outlandish' $847M Patent Verdict
Verizon and Ericsson have urged a Texas federal judge to erase an $847 million jury verdict in General Access Solutions' wireless network patent suit, arguing that the court hobbled their defense by improperly excluding evidence and allowing General Access to rely on misleading and sometimes false testimony.
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September 10, 2024
1st Lyondell Leak Bellwether Settles On Eve Of Trial
The first bellwether case in a multidistrict litigation created to handle claims stemming from a 2021 gas leak at a LyondellBasell facility in La Porte, Texas, reached a confidential settlement on the eve of trial, a defense attorney confirmed Tuesday.
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September 10, 2024
80 Hospitals Sue HHS Over 'Part C Days' Payment Rule
Scores of hospitals in Texas, California, Ohio, and other states sued the U.S. Department of Health and Human Services on Monday in a District of Columbia federal court over denied appeals that had sought additional Medicare payments for inpatient services.
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September 10, 2024
Whole Foods, Hain Denied Full 5th Circ. Review In Baby Food Case
The Fifth Circuit on Monday shut down a bid from grocery store chain Whole Foods and international food company Hain Celestial Group for a rehearing of a panel's decision remanding to state court a suit alleging Hain's baby food caused the mental and physical decline of a toddler.
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September 10, 2024
Time Lag Dooms Coach's Retaliation Suit, 5th Circ. Says
The Fifth Circuit refused to revive a lawsuit from a high school basketball coach who said that reporting that he'd been sexually harassed cost him his coaching gig, saying too much time elapsed between his harassment complaint and the alleged retaliation to infer a connection.
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September 10, 2024
Texas Farm Bureau Beats OT Claims In Jury Trial
Farm insurance agents are not entitled to overtime pay after a jury in Texas federal court found they had not proved they worked more than 40 hours a week, according to a verdict form released as the case was dismissed Tuesday.
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September 10, 2024
King & Spalding Expands In Texas With V&E, Skadden Attys
King & Spalding LLP has strengthened two of its Lone Star State offices with the addition of a veteran litigator from Vinson & Elkins LLP and a Skadden Arps Slate Meagher & Flom LLP attorney who specializes in energy transactions, the firm announced Tuesday.
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September 10, 2024
DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights
Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.
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September 10, 2024
Womble Bond Eyes Growth, Not Layoffs, With New Tie-Up
The merger between Womble Bond Dickinson and Lewis Roca Rothgerber Christie LLP is not about cutting costs because of mounting competition, the international law firm's U.S. boss told Law360 on Tuesday. It's about growth in the U.S., the U.K. — and beyond.
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September 10, 2024
Harris County's Records Portal Still Hampered By Tech Issues
Harris County's public-facing records portal was running smoothly Tuesday afternoon after a day and a half of technical issues.
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September 10, 2024
Distillery Tries To Lasso Booze Trademark, Suit Says
Dynasty Spirits told a Colorado federal court Monday that Lasso Whiskey is infringing on its Lasso Motel trademark.
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September 10, 2024
V&E Launches New Dublin Office In Aviation Finance Push
Vinson & Elkins LLP has launched a new office in Ireland to provide New York and English law advice to clients on aviation leasing and financing matters.
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September 10, 2024
Photographer Aims To Squash Pest Control Co. Use Of Ant Pic
A biologist and photographer sued a Houston-area pest control company in Texas federal court for copyright infringement alleging the company stole his ant picture to promote their services online.
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September 10, 2024
Nelson Mullins Adds Baker Donelson Health Pro In Houston
Nelson Mullins Riley & Scarborough LLP has continued expanding a Houston shop that opened months ago by bringing on a healthcare attorney from Baker Donelson Bearman Caldwell & Berkowitz PC whose wide-ranging practice has included representing hospitals and other providers on cybersecurity and related issues.
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September 10, 2024
FCC Chair Vows High Court Fight Over Universal Service
Federal Communications Commission Chair Jessica Rosenworcel told educators the agency will ask the U.S. Supreme Court to overturn a recent Fifth Circuit decision against the Universal Service Fund, the federal program that subsidizes telecom service to low-income and hard-to-reach areas.
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September 10, 2024
Brookfield Pledges Over $1B To Ultra-Low Carbon E-Fuels Co.
Brookfield will pump up to $1.05 billion into Infinium and its electrofuels platform, in what the asset management giant said Tuesday is its first direct sustainable aviation fuels investment.
Expert Analysis
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What To Know As CFPB Late Fee Rule Hangs In Limbo
Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline
The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.