Texas

  • December 11, 2024

    5th Circ. Tosses SEC's OK Of Nasdaq's Board Diversity Rule

    A split Fifth Circuit ruled Wednesday that Nasdaq cannot implement U.S. Securities and Exchange Commission-approved rules requiring that companies listed on the exchange disclose board diversity data, finding that the stock exchange's rules run afoul of federal securities law.

  • December 11, 2024

    Texas Sues 3M And DuPont Over Forever Chemicals

    Texas launched a suit against 3M and DuPont for "misrepresentations and key omissions" the companies made about so-called forever chemicals, telling a state court on Wednesday that the companies lied to the public about the harmful chemicals for over 50 years.

  • December 11, 2024

    Tesla Stockholder Contests $345M Musk Pay Fight Fee In Del.

    A Tesla Inc. stockholder has asked to intervene in the Delaware Court of Chancery class derivative case that scuttled CEO Elon Musk's 10-year, $55.6 billion compensation plan, citing objections to court approval of a stock or cash fee award for class attorneys worth $345 million.

  • December 11, 2024

    NRA Ordered To Reform Policies After NY Misconduct Verdict

    A New York judge ordered changes to the National Rifle Association's board structure and organizational policies Wednesday to "prevent future violations of law," following a jury verdict that found widespread financial misconduct and whistleblower retaliation within the gun group.

  • December 11, 2024

    Character.AI Encouraged Child To Kill His Parents, Suit Says

    Two minors and their parents sued Character.AI, its founders and Google in Texas federal court, alleging the "dangerous" technology exposed the children to hypersexualized and violent content, with a chatbot character even encouraging one of the kids to kill his parents because they limited his screen time.

  • December 11, 2024

    Texas Panel Says Hospital To Blame For Tonsillectomy Death

    A Texas appeals court upheld a widow's wrongful death victory against a hospital, finding in a Wednesday opinion that the Laredo Medical Center hadn't done enough to show it hadn't negligently caused a man to bleed to death after a tonsillectomy.

  • December 11, 2024

    Mixed 5th Circ. Backs $14M Exxon Texas Air Pollution Fine

    A mixed Fifth Circuit on Wednesday backed a $14 million fine against ExxonMobil Corp. over air pollution in southeast Texas, with a per curiam opinion stating the court wouldn't have reheard the case if it had known it would take more than 18 months to issue an opinion.

  • December 11, 2024

    Border Protection Says It's Swamped With FOIA Requests

    U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.

  • December 11, 2024

    Embattled Texas Law Firm Heading To Mediation In Ch. 11

    Troubled Houston law firm MMA Law said it will engage in mediation with litigation funders Equal Access Justice Fund LP and creditors to try to sort out issues pertaining to the firm's bankruptcy plan and other matters, days after Equal Access escaped a class action involving MMA Law.

  • December 11, 2024

    Cross-Border Criminal Antitrust Trial Will Stay In Houston

    A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.

  • December 11, 2024

    After Veto Threat, Courts Warn Need For More Judges Urgent

    Following President Joe Biden's veto threat of a bill to add more federal judgeships, the Administrative Office of the U.S. Courts warned Wednesday that there is an urgent need for more judges despite the White House's claim that there's no immediate need to create more seats.

  • December 11, 2024

    Akerman Can't Escape Malpractice Suit Over Lease Dispute

    Akerman LLP has lost its jurisdictional challenge to a lawsuit alleging it owes a seafood restaurant chain over $1 million for giving bad advice during a lease dispute in Florida, with a Texas appeals court ruling the malpractice claims stem from work the firm solicited within the Lone Star State.

  • December 10, 2024

    Jay-Z Says PI Atty Buzbee Has History Of False Diddy Claims

    Shawn "Jay-Z" Carter's lawyers told a New York federal judge on Tuesday that the law firm of Tony Buzbee, a high-profile personal injury attorney suing the music mogul for allegedly raping a 13-year-old girl alongside Sean "Diddy" Combs, tried to pressure a different woman into leveling false sexual assault claims against Diddy.

  • December 10, 2024

    Chancery Awards Ajamie $13M In Cell Partnership Fight

    Boutique law firm Ajamie LLP has won a Delaware Court of Chancery ruling that clients in a more-than decade-long multi-site battle over dozens of AT&T cellphone partnerships owe Ajamie about $13 million in legal fees despite a court finding that a formal fee-sharing agreement is unenforceable.

  • December 10, 2024

    5th Circ. Asks ATF Where To 'Draw The Line' In Trigger Ban

    A Fifth Circuit panel has pressed the government on how so-called "forced reset triggers" are different from bump stocks, asking where it was supposed to draw the line to determine whether the triggers turn semiautomatic firearms into federally banned machine guns.

  • December 10, 2024

    Google Takes Aim At Ad Tech Antitrust Claims In States' Suit

    Google has blasted the lawsuit accusing it of illegally manipulating the advertising market, saying that Texas and the roughly dozen other states behind the litigation are "playing a shell game" in which they serially amend their complaints to "avoid the weaknesses of their antitrust claims."

  • December 10, 2024

    FinCEN Says CTA Still Constitutional In Post-Injunction Alert

    The Financial Crimes Enforcement Network has alerted companies that they do not currently need to file so-called beneficial ownership information with the agency after a federal judge's nationwide preliminary injunction blocking the Corporate Transparency Act, though the bureau maintained that the law calling for such information is constitutional.

  • December 10, 2024

    BigLaw Firms Freed From Bankruptcy Judge Romance Suit

    Kirkland & Ellis LLP and Jackson Walker LLP have officially escaped an investor's racketeering lawsuit alleging a conspiracy involving a former Texas bankruptcy judge and his secret romance with a former Jackson Walker partner.

  • December 10, 2024

    Beasley Allen Told To Give Update On J&J Discovery

    Beasley Allen has until Friday to provide a detailed accounting of what documents it has produced to Johnson & Johnson's latest liability spinoff, Red River Talc, a Texas bankruptcy judge said Tuesday in hopes of speeding up discovery in a dispute over how voting was conducted on the debtor's prepackaged Chapter 11 plan.

  • December 10, 2024

    Eli Lilly Says Tampa Health Biz Can't 'Pass The Buck' In TM Suit

    Eli Lilly and Co. is asking a Florida federal judge not to throw out its claims that a Tampa Bay company falsely advertised that it offered Eli Lilly diabetes and obesity medications, saying it can't "pass the buck" to a co-defendant that owned the website that advertised its services.

  • December 10, 2024

    Diddy's Antagonist, Atty Buzbee, Accused Of Bilking Seaman

    Houston personal injury lawyer Tony Buzbee — known lately for bringing sexual assault lawsuits against music mogul Sean "Diddy" Combs — didn't bring the "glitz and bravado" of his high profile law practice to his representation of an injured Louisiana seaman, according to a new federal lawsuit accusing Buzbee and his firm of fraud.

  • December 10, 2024

    BakerHostetler Launches In Austin With Locke Lord Team

    BakerHostetler said Tuesday that it is opening its Austin office — the firm's third office in Texas — and launching a new community development team led by a longtime Locke Lord LLP partner who joins alongside nine of her colleagues.

  • December 10, 2024

    Biden Threatens To Veto Bipartisan Effort To Add Judgeships

    The White House on Tuesday threatened to veto legislation that would increase the number of federal judgeships nationwide after the measure lost support among Democrats postelection.

  • December 09, 2024

    Feds Cite 9th Circ. In Bid To End Texas' Migrant Transit Law

    The Biden administration and immigrant advocacy groups told a Texas federal court that a recent Ninth Circuit decision backed their bid to strike down a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants.

  • December 09, 2024

    Jones Says Waiver Gave Onion Unfair Edge In Infowars Auction

    Lawyers for Alex Jones on Monday stepped up their criticism of satirical news outlet The Onion's bid to buy the conspiracy theorist's Infowars website, urging a Texas bankruptcy judge to block the deal and hand Infowars to a company operating a supplements website instead.

Expert Analysis

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Opinion

    Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule

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    Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Daubert Motion Trends In Patent Cases Reveal Damages Shift

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    A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges

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    James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Defamation Suit Tests Lanham Act's Reach With Influencers

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    Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Navigating The Murky Waters Of Patent Infringement Damages

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    Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

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