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Texas
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March 10, 2025
CFPB Hasn't Justified Pausing Comerica Suit, Judge Rules
A Texas federal judge on Monday refused to pause the Consumer Financial Protection Bureau's case accusing Comerica of mismanaging a government benefit card program, ruling that the CFPB hasn't explained why staying the case "would be in the interest of justice."
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March 10, 2025
Nike Receives $355K From Lululemon In Shoe Patent Trial
A New York federal jury has found that athletic apparel maker Lululemon infringed one Nike footwear manufacturing patent but did not infringe a second, and awarded Nike $355,450 in damages, well below the $2.8 million the shoe giant was seeking.
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March 10, 2025
FTC Wants Pause On Noncompete Appeals, Pending Decision
The Federal Trade Commission is asking two circuit courts to pause their reviews of its ban on noncompete clauses, saying it needs time to reconsider whether it actually wants to defend the rule.
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March 10, 2025
Paxton Says Ex-Aides Want Excessive Whistleblower Atty Fees
The Texas attorney general's office and four of Ken Paxton's former deputies took jabs at each other over whether a court should hear more evidence in their long-running whistleblower suit, with the office alleging the aides have sought attorney fees outside the scope of the case while the ex-employees say the office "misses the point."
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March 10, 2025
Anadarko Says Partner Waived Arbitration With Oil Well Suit
Anadarko Petroleum Corp. has urged a Texas court to reject its partner's bid to arbitrate a dispute over an oil well on the outer continental shelf, alleging a since-abandoned lawsuit by the partner company forecloses any arbitration rights it may have had.
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March 10, 2025
Split 5th Circ. Vacates Death Sentence Over Brady Violations
A split Fifth Circuit has reversed and vacated a Texas woman's murder conviction and death sentence after 27 years, having determined that prosecutors failed to properly disclose evidence in accordance with U.S. Supreme Court precedent, and remanded the case to Amarillo, Texas, federal court.
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March 10, 2025
Treasury's CTA Halt Doesn't Justify Block, Feds Tell 5th Circ.
The U.S. Treasury Department halting enforcement of the Corporate Transparency Act on domestic entities doesn't add justification to a nationwide block on the law because it's a valid exercise of Congress' powers to regulate commerce, taxes, foreign affairs and national security, the U.S. government told the Fifth Circuit.
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March 10, 2025
Texas Atty Wants Allstate Sanctioned Over 'Dead' Expert Claim
A prominent Houston lawyer has denied filing a document purportedly signed by a long-dead expert witness and urged a Texas federal judge to sanction Allstate for accusing him of doing so, saying the signature actually belonged to the deceased expert's similarly named son.
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March 10, 2025
Tax Pro Rejoins Norton Rose From Reed Smith In Houston
Norton Rose Fulbright announced Monday that it has bulked up in the face of increased demand in the corporate transactions space with the return of a tax partner in Houston who came aboard from Reed Smith LLP.
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March 10, 2025
Business Telecom Co. Mitel Files $1.1B Prepack Ch. 11
Communications software company Mitel Networks filed for Chapter 11 protection Monday in a Texas bankruptcy court with a prepackaged equity-swap plan it says will cut $1.15 billion from its more than $1.3 billion in secured debt.
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March 07, 2025
FDA Can Take Eli Lilly Weight Loss Drug Off Shortage List
A Texas federal judge has refused to issue an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, ruling that the U.S. Food and Drug Administration was within its authority when it removed the medication from the drug shortage list.
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March 07, 2025
Real Estate Recap: NAR Suits, Tariff Tactics, Betting On Texas
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at widespread antitrust litigation surrounding the National Association of Realtors broker rules, the role contracts may play in combating a trade war, and the implications for real estate if casinos come to the Lone Star State.
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March 07, 2025
Charter Defeats Touchstream's $1B Patent Case At Texas Trial
A Texas federal jury cleared cable giant Charter Communications on Friday in a patent case over a New York startup's device that allows videos to be played on a separate, larger screen.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
Frost Bank Wins Arbitration Right In Texas Ownership Dispute
A Texas appeals court has found Frost Bank has the right to compel arbitration in a tangled ownership dispute involving a privately owned South African packaging company's Texas affiliate, holding Thursday that the bank has a valid arbitration agreement.
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March 07, 2025
Occidental Prevails In Ex-Anadarko Worker's Severance Fight
A Texas federal judge granted an early win Friday to Anadarko Petroleum's severance plan and benefits committee in an ex-executive's suit alleging he was owed severance after an acquisition by Occidental Petroleum in 2019, finding the petroleum giant's decision to deny benefits wasn't an abuse of discretion.
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March 07, 2025
Google Says Special Master Can't Make Ad Tech Trial Calls
Google is opposing a bid in Texas federal court from state enforcers accusing the company of monopolizing key digital advertising technology to have a special master make decisions about what evidence will be admitted during trial.
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March 07, 2025
Electronics Co. Owes $14M In Charger Patent Suit, Jury Finds
A Delaware federal jury on Friday found Hong Kong electronics company Anker Innovations Co. infringed Texas company Fundamental Innovation Systems International LLC's patents with its USB charger products, saying Anker owes more than $13.6 million in damages.
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March 07, 2025
Trump DOJ's Shift Threatens To Upend Police Reform
As the Trump administration abandons consent decrees — court-ordered agreements designed to curb police misconduct — experts warn that a crucial mechanism for law enforcement accountability is disappearing.
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March 07, 2025
Trucking Co. Liquidation Hearing Delayed Amid Sale Debate
A hearing for bankrupt trucking company KAL Freight to determine whether to convert the case to a Chapter 7 liquidation was pushed back to next week as the debtor tried to finalize a Chapter 11 asset sale.
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March 07, 2025
Texas High Court Passes On 1 Of 3 'Love Is Blind' Fights
The Texas Supreme Court on Friday declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant, passing on one of three appeals that stem from the show's fifth season.
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March 07, 2025
Steward Health Gets OK For Deal On Transition Contracts
A Texas bankruptcy judge Friday gave Steward Health Care the go-ahead to turn over responsibility for transition services for the dozens of hospitals it has sold during its Chapter 11 case to another hospital chain.
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March 07, 2025
LG Resolves Screen Display Patent Suit
Bishop Display Tech LLC and LG Electronics have resolved a dispute over allegations that LG and its subsidiaries infringed several patents for liquid crystal screen displays, according to a filing in Texas federal court on Thursday.
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March 07, 2025
How To Tell If A Litigation Funder Is Helping Your IP Opponent
Knowing when a litigation funder is involved in an intellectual property case can help attorneys better understand their adversary's footing in a dispute, and while most courts don't have disclosure requirements, lawyers told Law360 there are several signs attorneys can look out for to determine whether their opponent is receiving funding from an outside party.
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March 06, 2025
CBS Calls Trump's $20B Suit 'Affront To The 1st Amendment'
Paramount Global and CBS Broadcasting urged a Texas federal court on Thursday to toss President Donald Trump's $20 billion lawsuit accusing the network of deceptively doctoring a "60 Minutes" interview with Kamala Harris before last year's election, calling the litigation "an affront to the First Amendment" and arguing it was incorrectly lodged in Texas.
Expert Analysis
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Perspectives
How High Court May Rule In First Step Act Resentencing Case
U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.
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Kiromic SEC Order Shows Importance Of Self-Reporting
The U.S. Securities and Exchange Commission's recently filed settled charges against Kiromic BioPharma illustrate the critical intersection between U.S. Food and Drug Administration regulatory processes and investor disclosures under the securities laws, and showcase how responding promptly to internal whistleblower reports may reap benefits, say attorneys at Arnold & Porter.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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A Look At Shifting Legal Landscape For Data Brokers
An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.