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March 31, 2025
Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now
A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.
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March 31, 2025
Intellectual Ventures Urges PTAB To Deny Tesla IP Challenge
Intellectual Ventures II LLC wants the Patent Trial and Appeal Board to reject Tesla's bid to have the board examine a digital camera patent, pointing to a recent memo from the acting director of the U.S. Patent and Trademark Office saying she and other board judges will review petitions to determine whether they should be denied for discretionary reasons.
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March 31, 2025
Fed. Circ. Tells PTAB To Look At Samsung Foe's Patents Again
Samsung convinced the Federal Circuit Monday that administrative patent board judges used an "erroneous" definition of a term used in two gesture-sensing interface patents that the smartphone giant is accused of infringing in litigation in Texas.
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March 31, 2025
Justices Doubtful Of Inmate's Habeas Amendment Petition Bid
The U.S. Supreme Court on Monday appeared reluctant to make an exception to a federal law preventing incarcerated people from bringing multiple habeas corpus challenges to their convictions by allowing prisoners to amend their initial habeas petitions while they are still pending on appeal.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
USPTO Director Stops 4 Motorola IP Reviews At PTAB
The acting director of the U.S. Patent and Trademark Office has decided that the Patent Trial and Appeal Board will not review Motorola's challenges to a series of Stellar Inc. patents on glasses equipped with cameras, undoing PTAB decisions instituting the reviews.
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March 31, 2025
Regulators Seek Pause On 5th Circ. Fight Over CRA Rules
Federal regulators have asked the Fifth Circuit to halt further proceedings in a banking industry challenge to their Biden-era Community Reinvestment Act rules, citing their recently announced plans to go back to the drawing board with them.
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March 31, 2025
Atty Wants Firm In Neutral Hands Amid Dispute With Partner
A co-founder of Hodges & Foty LLP is asking a Texas state court to appoint a receiver to manage the winding down of the Houston law firm, claiming that the external oversight is necessary to protect the firm's clients and its financial interests from harm at the hands of his fellow firm founder.
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March 31, 2025
Investor Hits Solaris With Suit Over Merger Details
Houston-based oil and gas company Solaris Energy Infrastructure Inc. misled investors about the value of a mobile turbine rental business it acquired last year, according to a proposed class action filed Friday.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Real Estate Recap: Train Domain, FinCEN, Atlanta Data Centers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an insider's view of the Union Station takeover in Washington, D.C., the latest game-changing development at the Financial Crimes Enforcement Network, and a BigLaw dealmaker's take on Atlanta's data center boom.
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March 28, 2025
DOD Seeks To Void Union Deals Over Efficiency Concerns
The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.
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March 28, 2025
Judge Won't End Atty Dispute Over Beirut Bombing Suit
A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.
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March 28, 2025
5th Circ. OKs Largest US Crude Export Terminal's Expansion
A Fifth Circuit panel found the U.S. Army Corps of Engineers dotted its i's and crossed its t's before it greenlighted an expansion of the largest crude oil export terminal by volume in North America, finding in a Friday opinion the agency adequately studied the project's effects.
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March 28, 2025
Stay Of Sex Assault Suits Sought After Foreman's Death
The death of George Foreman has prompted two women suing the late boxer in California federal court for sexual assault to request a 90-day pause in their lawsuits until a legal representative can be appointed.
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March 28, 2025
5th Circ. Nixes Fed Contractor Wage Decision After Trump EO
A Fifth Circuit panel agreed Friday to toss its earlier decision ruling that President Joe Biden had the authority to raise the minimum hourly wage for federal contractors to $15, two weeks after President Donald Trump signed an executive order nixing the wage bump.
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March 28, 2025
Protego Says Texas Firm Broke $200M Crypto Bank Promise
Protego Holdings Corp. said a Texas-based firm promised to invest $200 million in its launch of a cryptocurrency bank but delivered only excuses as the funding failed to materialize and a rare conditional approval from the U.S. government lapsed when financing wasn't in place.
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March 28, 2025
Jury Clears Lab Owners In $40M COVID Test Fraud Case
A Florida jury found two testing lab co-owners not guilty of conspiracy, health care fraud and wire fraud after a nearly four-week-long trial on the government's claims the duo conspired with others to overbill healthcare benefit programs for COVID-19 tests to the tune of $40 million.
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March 27, 2025
Crypto YouTuber Should Face Logan Paul's Suit, Judge Says
A Texas magistrate judge said media personality Logan Paul should be able to pursue his defamation claims against the YouTuber who called Logan's failed cryptocurrency project a "scam," given that the YouTuber presented the allegations as more fact than opinion.
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March 27, 2025
Vaping Interests Take Challenge To FDA Rule To 5th Circ.
A coalition of vaping interests challenging the U.S. Food and Drug Administration's marketing and recordkeeping regulations has taken the dispute to the Fifth Circuit after a lower district judge tossed the lawsuit, which claimed many in the industry were prohibited from seeking FDA approval for multiple products at once because of the high cost of applying.
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March 27, 2025
Fired Immigrant Advocate Gets $225K In Labor Deal
A National Labor Relations Board judge has approved a $225,000 settlement in a case accusing a nonprofit immigration legal services agency of illegally discharging an attorney, bringing an end to a year-old challenge to the lawyer's December 2023 firing.
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March 27, 2025
Texas Judge 'Disturbed' By Filings In Weight Loss Drug Case
A Texas federal judge had stern words for a group of compounding pharmacies while refusing to allow them to manufacture Eli Lilly's lucrative weight loss drug, saying he was "increasingly exasperated" with the pharmacies' attempts to dictate how he manages the case.
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March 27, 2025
Barretts Mediator Feinberg Blames Committee For Impasse
The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."
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March 27, 2025
Raytheon, Black Accounting Workers End Hiring Bias Suit
Raytheon Technologies Corp. has resolved a lawsuit alleging it refused to permanently hire four temporary Black accountants and replaced them with less qualified non-Black workers, according to a Thursday filing in Texas federal court.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
Expert Analysis
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Roundup: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.