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September 24, 2024
Commercial REIT Unveils $251M IPO As Pipeline Builds
Real estate investment trust FrontView Inc. on Tuesday launched plans for an estimated $251 million initial public offering, represented by Fried Frank Harris Shriver & Jacobson LLP and underwriters' counsel DLA Piper LLP, joining a growing IPO pipeline.
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September 24, 2024
NJ Judge Leaves J&J Ch. 11 Venue Change To Texas Judge
A New Jersey bankruptcy judge on Tuesday declined the U.S. trustee's request to move Johnson & Johnson's latest talc-unit Chapter 11 from Texas to the Garden State, saying the issue could be as ably decided by a Texas court while avoiding a thorny issue of authority.
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September 23, 2024
J&J Talc Claims Paused In Latest Spinoff Ch. 11
A Texas bankruptcy judge Monday froze certain talc personal injury litigation against Johnson & Johnson, saying a three-week administrative stay will give the court time to decide key jurisdictional issues in the Chapter 11 case of Red River Talc LLC, a newly created J&J spinoff and the pharmaceutical and cosmetics giant's latest attempt to settle claims in bankruptcy that its baby powder caused cancer.
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September 23, 2024
Helicopter Co. Used Code Names To Oust Supplier, Jury Hears
Under the code name "Project Cicada," Fort Worth-based Bell Helicopter Textron Inc. worked for years to replace California-based digital avionics equipment supplier Rogerson Aircraft Corporation with a competitor, a jury heard in a Texas state court Monday, using Rogerson's trade secrets to prep the rival for the eventual shift.
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September 23, 2024
Texas Fighting ESA Listing For Tiny Lizard In Permian Basin
Texas Attorney General Ken Paxton is asking a judge to overturn a U.S. Fish and Wildlife Service rule that listed the dunes sagebrush lizard as an endangered species, calling it a "backdoor attempt" to undermine energy development in the Permian Basin.
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September 23, 2024
Alito Pauses 5th Circ. Ruling Against Horse Racing Law
U.S. Supreme Court Justice Samuel Alito has pressed pause on a Fifth Circuit ruling that would strip the teeth from a federal law handing horse safety regulation over to a private entity after the appellate court found the law's enforcement provisions to be unlawful delegation.
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September 23, 2024
Oracle Wins $58M In Atty Fees In Software Copyright Suit
Attorneys representing Oracle in its long-running software copyright battle with Rimini Street Inc. were awarded $58 million in fees Monday by a Nevada federal judge who called the tech giant's $69 million request "slightly excessive."
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September 23, 2024
Paxton Urges Firearms Ban Reversal Before State Fair Opens
Texas Attorney General Ken Paxton asked a state appeals court Monday for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, writing that the entity is "forcing thousands of law-abiding Texans to choose" between their constitutional rights and attendance at the state tradition, which opens Friday.
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September 23, 2024
Migrant Youth Facility Moves To Ax DOJ's Sex Abuse Suit
Southwest Key asked a Texas federal judge to end the government's suit alleging it failed to protect migrant children from sexual abuse by staffers in violation of the Fair Housing Act, arguing Monday there are different regulations addressing and preventing such misconduct in shelter care facilities that don't include the FHA.
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September 23, 2024
Rahimi Supports Lift Of Under-21 Handgun Ban, 5th Circ. Told
A trio of Second Amendment advocacy groups told the Fifth Circuit Monday that a June high court decision keeping domestic abusers unarmed has no bearing on their challenge to handgun bans for those under 21, urging the panel to focus on the Framers' intentions for the amendment at the time of the founding.
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September 23, 2024
Judge Recuses Self After Opening Jackson Walker Ethics Probe
U.S. Bankruptcy Judge Marvin Isgur has asked a Texas federal court to investigate potential sanctions against Jackson Walker LLP for its failure to disclose a relationship between a firm partner and a federal judge, also telling the court he would recuse himself from any proceedings involving the ethics breach.
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September 23, 2024
Squire Patton Tax Ace Joins Winston & Strawn In Dallas
Winston & Strawn LLP announced Monday it has expanded its tax offerings with the addition of an experienced attorney from Squire Patton Boggs LLP in Texas.
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September 23, 2024
Tempur Sealy Sets Divestiture Plan Ahead Of FTC Court Battle
Tempur Sealy International Inc. said Monday that it plans to sell 176 stores and seven distribution centers to Mattress Warehouse if it is able to close its planned $4 billion purchase of Mattress Firm Group Inc., in an effort to appease the Federal Trade Commission in its continued efforts to block the deal.
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September 23, 2024
5th Circ. Refuses Texas A Jury Trial For Border Buoy Case
The Fifth Circuit refused Texas' request for jurors to decide the legality of barriers installed in the Rio Grande to deter migrants, saying the Seventh Amendment's right to a jury trial doesn't apply to the case.
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September 23, 2024
Paul Hastings Adds Restructuring Pro In Dallas From Sidley
Paul Hastings LLP announced Monday that it has continued its expansion in the Lone Star State with the addition of a financial restructuring partner in Dallas who came aboard from Sidley Austin LLP.
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
Litigation Funding Firm Likely Out Of Hurricane Ad Class Action
A Texas federal judge said Thursday that a funding company that lent $20 million to a law firm accused in a proposed class action of conspiring to deceptively solicit hurricane victims should be dropped as a defendant.
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September 20, 2024
Cards Against Humanity Hits SpaceX With $15M Trespass Suit
Cards Against Humanity LLC hit Elon Musk's SpaceX with a $15 million lawsuit in Texas state court, alleging SpaceX has trespassed and dumped trash and machinery on its once-pristine Lone Star State property that the party card game-maker bought to impede former President Donald Trump's U.S.-Mexico border wall.
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September 20, 2024
Family Of NY Helicopter Crash Victim Wins $116M Verdict
A Manhattan jury has held that three aviation companies must pay a total of more than $116 million for negligence and design defects that contributed to a 26-year-old man's death during a sightseeing helicopter crash in New York's East River.
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September 20, 2024
Texas Says Justices' Ruling Doesn't Change Censorship Case
The U.S. Supreme Court's summer ruling tossing a dispute between the Biden administration and social media platforms shouldn't impact a judge's decision not to dismiss a censorship lawsuit brought by two right-wing media outlets, Texas told a federal court Friday, hitting back at the U.S. State Department's bid to have a judge reconsider his decision.
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September 20, 2024
Justices Asked To Clarify IP Eligibility In Animation App Case
App developer Plotagraph has asked the U.S. Supreme Court to review a Federal Circuit decision that found its patents that allow users to create the illusion of movement within digital photos or videos were invalid because they were abstract under the high court's Alice decision.
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September 20, 2024
5th Circ. Says Tribunal Properly Slashed $10.6M Gas Award
A lower court improperly vacated an arbitral tribunal's decision slashing some $4 million from a $10.6 million award issued to a Colorado-based exploration company following a dispute over a Cameroonian natural gas project, the Fifth Circuit ruled Thursday in a published opinion.
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September 20, 2024
SpaceX, Musk Attack FAA Following Proposed Fines
SpaceX is lashing out at the Federal Aviation Administration's "inability to keep pace with the commercial spaceflight industry" days after the agency said it planned to slap the company with $633,000 in fines, prompting founder and majority owner Elon Musk to threaten a lawsuit.
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September 20, 2024
Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar
A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.
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September 20, 2024
IPO Trio Looks To Raise $536M Combined As Autumn Begins
Three companies spanning the energy, healthcare and life sciences industries are preparing initial public offerings that could raise $536 million combined in the coming week, guided by six law firms, signaling an upturn in IPOs as autumn begins.
Expert Analysis
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Takeaways From EPA's New Methane Emission Rules
Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.
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Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment
A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.
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What Recent Study Shows About AI's Promise For Legal Tasks
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.
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2026 World Cup: Companies Face Labor Challenges And More
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.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
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.
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What Workplace Violence Law Means For Texas Healthcare
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.
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Litigation Inspiration: A Source Of Untapped Fulfillment
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.
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Series
Skiing Makes Me A Better Lawyer
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.
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High Court Social Media Speech Ruling Could Implicate AI
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.
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Texas Insurance Ruling Could Restore Finality To Appraisal
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.
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Think Like A Lawyer: Forget Everything You Know About IRAC
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.
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Complying With Enforcers' Ephemeral Messaging Guidance
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.
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How Firms Can Ensure Associate Gender Parity Lasts
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.
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7 Common Myths About Lateral Partner Moves
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.