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October 01, 2024
PepsiCo Buying Siete In $1.2B Deal Steered By 3 Law Firms
PepsiCo said Tuesday it has agreed to buy Mexican-American food purveyor Siete Foods for $1.2 billion, with Gibson Dunn & Crutcher LLP steering the deal on PepsiCo's behalf and Weil Gotshal & Manges LLP and Armbrust & Brown PLLC advising Siete.
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September 30, 2024
Verizon Gets $847M Patent Verdict Set Aside, Wins New Trial
Verizon Wireless and Ericsson will get another shot at convincing a Texas federal jury that they did not infringe intellectual property owned by a Dallas patent business, U.S. District Judge Rodney Gilstrap ruled Monday, setting aside a previous jury's $847 million verdict against the telecom giants.
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September 30, 2024
Texas' Standing Theory Yet To Be Tested At High Court
Litigation challenging federal immigration policy has become a cornerstone for both Democratic and Republican-led states, but Texas-led suits have introduced a unique theory of standing that has yet to be tested in the U.S. Supreme Court.
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September 30, 2024
MoneyGram Beats Investor Suit Over Anti-Fraud Compliance
An Illinois federal judge on Monday tossed a proposed securities class action accusing MoneyGram International of lying about its anti-fraud compliance, finding that the suing investors did not adequately plead any misleading statements or that MoneyGram's executives acted with an intent to deceive.
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September 30, 2024
Fed. Circ. Keeps Patent Case Against Sony In EDTX
The Federal Circuit on Monday rejected Sony's bid to move a patent suit against it over a newer line of wireless PlayStation 5 controllers out of a Texas federal court, finding that it failed to show that the Northern District of California was a more convenient forum.
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September 30, 2024
If Not Asylum Curbs, What Else? Mayorkas Says In Defense
U.S. Secretary of Homeland Security Alejandro Mayorkas pointedly criticized those who have condemned new restrictions on asylum-seekers, saying Monday the limits must be viewed in light of a need for order at the southern border.
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September 30, 2024
Biden Admin Expands Asylum Curbs At Southern Border
The Biden administration on Monday quadrupled the length of time during which stringent asylum restrictions that were introduced in June will remain in effect.
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September 30, 2024
Red States Back High Court Bid To Undo Mont. Voting Order
Fifteen Republican-led states are backing a U.S. Supreme Court petition by Montana that looks to undo a determination that two voting laws hindered Native Americans and students from participating in the election process, arguing that the state's high court transgressed the ordinary bounds of judicial review in making its decision.
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September 30, 2024
Texas Says 5th Circ. Border Buoy Ruling Is No Court Split
The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.
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September 30, 2024
Atari Can Pursue Copyright Claim Against State Farm Over Ad
Atari Interactive Inc. can pursue a copyright infringement claim against State Farm Mutual Automobile Insurance Co. because the insurer featured part of the 1980s arcade game Crystal Castles in a commercial, but a Texas federal judge tossed all the other claims in the suit from the pioneering game company.
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September 30, 2024
Schwab Nears Deal In Antitrust Suit Over TD Ameritrade Buy
Charles Schwab Corp. has reached "an agreement in principle" with retail investors who filed a proposed class action alleging increased transaction costs for trades and other antitrust injury following the Schwab-TD Ameritrade merger, the parties told a Texas federal judge Friday.
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September 30, 2024
Feds Seek Prison In Tax Case Linked To 'China Initiative'
Prosecutors have asked a Texas federal judge for an 18- to 24-month prison sentence for a Chinese-born engineer who pled guilty to tax crimes after being charged with export violations and fraud in a case the defense claims began as an espionage investigation under the U.S. Department of Justice's now-disbanded "China Initiative."
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September 30, 2024
Steward Health CEO Sues Senate Panel After Contempt Vote
The outgoing CEO of embattled Steward Health Care on Monday sued members of Congress who voted earlier this month to hold him in contempt for defying their subpoena to testify at a hearing into the downfall of the bankrupt hospital chain he heads.
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September 30, 2024
5 Firms Guide DirecTV, Dish On $10B Debt Exchange Merger
DirecTV said Monday it has agreed to purchase EchoStar's video distribution business Dish DBS, including Dish TV and Sling TV, for a nominal $1 while absorbing nearly $10 billion worth of its debt, in a rare debt exchange-driven megadeal that is being led by at least five law firms.
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September 27, 2024
Texas AG Wants Austin's Abortion Travel Fund Shut Down
Texas Attorney General Ken Paxton on Friday accused the city of Austin of illegally using taxpayer funds to cover travel costs for people traveling out of the Lone Star State to get abortions, claiming that the city is misappropriating the funds in violation of the state constitution.
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September 27, 2024
Real Estate Recap: Loving Or Leaving The Law Office
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways from a new survey of BigLaw firms that have either renovated their office or relocated entirely.
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September 27, 2024
IBM Owes $19.5M In EDTX Trial Over 'Blockchain' Software
A Texas federal jury told IBM on Friday that its blockchain software infringes two patents by a small tech developer and that it owes $19.5 million, far less than the $167 million the developer asked for.
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September 27, 2024
RealPage Wants DOJ Antitrust Case Moved To Tennessee
RealPage has asked a North Carolina federal court to transfer the government's antitrust case against it to Tennessee, where private litigation has been playing out over claims the software company helps residential landlords fix rental prices.
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September 27, 2024
Waco Jury Sticks ASUSTeK With $22M Patent Verdict
A Texas federal jury hit Taiwanese computer manufacturer ASUSTeK Computer Inc. with a $22 million judgment on Thursday for infringing patents for a film that redirects natural daylight owned by SVV Technology Innovations Inc., which had asked jurors for nearly $59 million.
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September 27, 2024
Energy Cases To Watch In This US Supreme Court Term
The new U.S. Supreme Court term could be just as action-packed as the previous term was for the energy industry, as the justices will weigh in on how federal agencies conduct environmental reviews and field petitions over climate change policies and lawsuits. Here's a list of energy-related cases to watch this term.
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September 27, 2024
GOP States Sue HHS Over Gender Dysphoria Disability Rule
A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
FCC's Latest Subsidy Fees Disputed Again In 5th Circ.
A free-market litigation group has filed another challenge in the Fifth Circuit to the Federal Communications Commission's quarterly calculation of fees to support an array of telecom subsidy programs.
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September 27, 2024
Colo. Law Voids Cos.' Coverage Agreement, Judge Rules
An oil and gas production company isn't owed coverage by an electrical drilling company for an underlying lawsuit brought by an injured worker, a Colorado federal judge ruled, finding that defense, indemnification and insurance provisions within the companies' agreement are void under state law.
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September 27, 2024
Texas Judge Lets Paxton Probe Of Immigration Nonprofit Go On
Nonprofit legal services provider Las Americas Immigrant Advocacy Center lost a bid on Friday to halt the Texas attorney general's investigation of the organization's activities, with a federal judge saying the group waited too long to file its complaint.
Expert Analysis
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.