Texas

  • July 10, 2024

    SpaceX Anti-NLRB Crusade Advances As Judge Grants Block

    A Texas federal judge on Wednesday blocked a National Labor Relations Board suit accusing SpaceX of suppressing workers' rights while he weighs the rocket maker's claims that the prosecution is unconstitutional, according to a docket notice.

  • July 10, 2024

    Fla. Judge Will Issue Sanctions For Delay In Tesla Crash Suit

    A Florida state judge said Wednesday he will issue sanctions over a failure by a biomechanics expert to timely produce data requested by Tesla in a suit over a Model S crash that killed two teenagers.

  • July 10, 2024

    Vidal Directs PTAB To Review Nerf 'GelFire' Toy Gun Patents

    The director of the U.S. Patent and Trademark Office has overturned Patent Trial and Appeal Board decisions not to institute reviews of three patents covering Hasbro Inc.'s Nerf "GelFire" toy gun.

  • July 10, 2024

    Engineer Who Faced Export Charges Cops To Tax Counts

    A Chinese-born engineer has pled guilty to two counts of filing a false tax return related to allegations that he and his wife omitted gross income from their tax returns between 2015 and 2019, after Texas federal prosecutors initially charged the couple with export violations and fraud. 

  • July 10, 2024

    Texas Court Severs Constable Workers From OT Collective

    A Texas federal court granted Harris County Sheriff's Department deputies' request to cut several employees from the constable's office from their proposed collective action accusing the department of shorting them on overtime pay, and rejected the county's argument that the case should largely be thrown out.

  • July 10, 2024

    Intel Asks Del. Court To Affirm It Has License To VLSI Patents

    Intel has launched a suit in Delaware federal court asking for an order that it already has a license to various VLSI patents, the latest in a sprawling legal fight between the two parties over microchips.

  • July 10, 2024

    Pa. Judge Skeptical Of Pausing FTC's Noncompete Ban

    A Pennsylvania federal judge on Wednesday seemed hesitant to grant a tree services company's request to halt the Federal Trade Commission's recent ban on noncompete agreements, as attorneys for the company struggled to point to concrete harms it would suffer if the ban were to take effect as scheduled.

  • July 10, 2024

    NLRB Outburst Order Violated Due Process, 5th Circ. Says

    The National Labor Relations Board must reconsider its decision changing the analysis of whether worker outbursts are protected under federal labor law, the Fifth Circuit ruled, finding the board violated a company's due process rights by not hearing its arguments prior to the precedent shift.

  • July 10, 2024

    Sheppard Mullin Adds Winston & Strawn Real Estate Duo

    Sheppard Mullin Richter & Hampton LLP has strengthened its real estate, energy, land use and environmental practice with two partners in Houston who joined from Winston & Strawn LLP.

  • July 10, 2024

    5th Circ. Told 'Pay To Litigate' Rule Doesn't Bar Refund Suit

    A couple arguing the IRS failed to apply their tax overpayments to deficiencies claimed by the agency asked the Fifth Circuit to reverse a lower court's dismissal of their suit on the grounds that they hadn't paid their bill, saying the decision effectively asks them to pay twice.

  • July 09, 2024

    With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk

    The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.

  • July 09, 2024

    Chase Bank Reaches Deal In Data Security Patent Suit

    JPMorgan Chase Bank NA indicated Tuesday that it has settled a lawsuit in Texas federal court over data security patents developed by a former Israeli air defense officer who worked on technological solutions for "survivability capabilities against systemic failures."

  • July 09, 2024

    Private Funds Say 5th Circ. Ruling Sinks SEC's AI, Cyber Bids

    Several trade groups for the private fund industry urged the U.S. Securities and Exchange Commission on Tuesday to withdraw rule proposals on artificial intelligence and investment adviser outsourcing and cybersecurity risk management, in light of a Fifth Circuit ruling that dealt a blow to the agency's private fund oversight.

  • July 09, 2024

    Healthcare Cases To Watch: A 2024 Midyear Report

    Courts across the U.S. this year will oversee key cases to the healthcare industry, from multidistrict litigation over the Change Healthcare hack to a challenge of a state gender-affirming care ban at the Supreme Court. Here are the healthcare cases to watch in the second half of 2024.

  • July 09, 2024

    CFPB Moves To Unfreeze Credit Card Late Fee Rule In Texas

    The Consumer Financial Protection Bureau has asked a Texas federal judge to formally dissolve a preliminary injunction that has been blocking the agency's $8 credit card late fee rule from taking effect, arguing that the justification of the injunction — the CFPB's allegedly unconstitutional funding structure — no longer holds.

  • July 09, 2024

    Texas County Made Sloppy Electioneering Rule, 5th Circ. Told

    An attorney representing conservative activists in North Texas told the Fifth Circuit on Tuesday that electioneering rules in Palo Pinto County were not content-neutral because they specifically targeted political speech, urging the court to hand them a win because of the "sloppiness" of the newly crafted regulations.

  • July 09, 2024

    5th Circ. Presses SEC On Whistleblower Award Calculation

    The Fifth Circuit heard oral arguments Tuesday in a case accusing the U.S. Securities and Exchange Commission of shortchanging two whistleblowers who uncovered the largest fraud in Texas history, with one judge pressing the agency's attorney over how much money it was able to collect after the fraudster declared bankruptcy.

  • July 09, 2024

    Texas Refinery Says EPA Needs To Rule On CAA Exception

    A small refinery based in Sugar Land, Texas, says the U.S. Environmental Protection Agency did not meet its deadline to rule on whether the refinery can get an exemption to federal renewable fuel requirements, telling a Texas federal court Monday the agency was damaging its business.

  • July 09, 2024

    3 States Ask High Court To Freeze Biden's Debt Relief Plan

    Three state attorneys general applied to the U.S. Supreme Court seeking to vacate the stay of a nationwide injunction in an effort to pause implementation of a $475 billion student loan debt forgiveness program, saying they are likely to succeed in their attempts to have the program invalidated by the high court.

  • July 09, 2024

    Boeing, DOJ Say 737 Max Families Can't Rush Monitor Pick

    Boeing has told a Texas federal judge that 737 Max crash victims' families cannot rush the appointment of an independent monitor to oversee the company's safety and compliance efforts, saying its new tentative plea agreement with the U.S. Department of Justice adequately addresses the monitorship issue.

  • July 09, 2024

    Fed. Circ. Won't Revive Patent Fights Against Dating Apps

    The Federal Circuit on Tuesday quickly shot down appeals from a patent litigation outfit trying to breathe life back into its failed legal campaign against a handful of prominent dating apps.

  • July 09, 2024

    NFL Says Ex-Pro's Benefits Row Belongs At Bargaining Table

    The National Football League has pushed back against a Fifth Circuit appeal by a former player whose benefits suit was tossed, arguing his issue is not with the plan's board but the plan's design, which can only be resolved through bargaining, not in court.

  • July 09, 2024

    Hospital Operator Leads 2 IPOs Ready To Raise $465M Total

    Hospital operator Ardent Health and insurance distributor TWFG Inc. unveiled price ranges this week on initial public offerings that are expected to raise about $465 million combined under guidance by four law firms, adding life to the summer IPO market.

  • July 09, 2024

    5th Circ. Indicates Skepticism In Brett Favre Defamation Case

    The Fifth Circuit on Tuesday seemed skeptical that comments made by former NFL star Shannon Sharpe about Brett Favre's alleged involvement in a massive Mississippi welfare fraud scheme amounted to defamation, pressing Favre's attorney over why the retired NFL quarterback didn't sue over Sharpe's more emotionally charged statements.

  • July 09, 2024

    Texas Judge Gets Warning For Sexually Harassing Colleague

    A Fort Worth trial judge has been issued a public warning and ordered to attend demeanor and sexual harassment instruction over findings that he "engaged in a pattern of sexually harassing conduct" toward a fellow judge, according to a decision by the Texas State Commission on Judicial Conduct.

Expert Analysis

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

  • What Workplace Violence Law Means For Texas Healthcare

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    While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • High Court Social Media Speech Ruling Could Implicate AI

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    In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

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