Texas

  • August 28, 2024

    Judge Adds $2.4M To $2M IP Verdict Against Mining Co.

    A Texas federal judge ordered a Norwegian mining company to pay $2.4 million, on top of a $2 million jury verdict, covering oil drilling device sales made after they were found to infringe a rival's intellectual property.

  • August 28, 2024

    Judge Dorfman On A 'Customer-Oriented' Texas Biz Court

    While his time in the Texas attorney general's office made Business Court Judge Grant Dorfman familiar with complex commercial disputes, he says his experience as in-house counsel for energy technology company Nabors Industries primarily persuaded him of the need for the new venue in Texas.

  • August 27, 2024

    CFPB Late Fee Rule Has Slim Ties To Fort Worth, Judge Says

    A Texas federal judge had stern words for the U.S. Chamber of Commerce during a Tuesday hearing over a lawsuit challenging the CFPB's new credit card late fee rule in Fort Worth, saying that if judges' impartiality is in question "we need to just turn it in" as a country.

  • August 27, 2024

    Take Another Look At Video Game Patent, Vidal Tells PTAB

    The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.

  • August 27, 2024

    5th Circ. Holds Mandate In Subsidy Suit During FCC Appeal

    The Fifth Circuit has agreed to let the current subsidy for telecom services remain in place while the Federal Communications Commission seeks U.S. Supreme Court review of a ruling that upended the subsidy system.

  • August 27, 2024

    Split 5th Circ. Revives Tesla's Case Over La. Sales Ban

    A split Fifth Circuit panel revived Tesla's case accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, finding Tesla had done enough to survive dismissal by alleging a regulatory board that included competitors is biased against it.

  • August 27, 2024

    Samsung Must Face Exploding Vape Battery Suit

    Samsung can't escape a suit over injuries sustained by a man after a lithium-ion battery exploded in his pocket, a Houston appellate court ruled Tuesday, rejecting the South Korean company's argument that a Texas court doesn't have jurisdiction because it doesn't do business directly in Texas.

  • August 27, 2024

    CPSC Suit 'Makes A Mockery' Of Standing, SG Tells Justices

    The federal government is urging the U.S. Supreme Court to pass on a "highly artificial suit" that seeks to unravel removal protections for commissioners on the Consumer Product Safety Commission, saying the groups behind the suit have no standing to pursue the legal challenge.

  • August 27, 2024

    Trump-Linked Group Says OPM Delaying Union Comms Bid

    The Office of Personnel Management has delayed its response to information bids about agency communications with public sector unions, an organization led by former Trump administration officials alleged in Texas federal court, calling for an order to require the disclosure of requested details.

  • August 27, 2024

    For Judge Andrews, Texas Biz Court Is Dream Come True

    Newly appointed Business Court Judge Melissa Andrews has dreamed of Texas having a statewide business court since she graduated from the University of Texas School of Law.

  • August 27, 2024

    Jackson Walker Is Trying To 'Revise History,' US Trustee Says

    Jackson Walker LLP told a Houston judge Tuesday that the U.S. Trustee's Office "wants everyone to play by the rules except for [itself]" in a discovery dispute connected to a former Texas bankruptcy judge's secret relationship, as the bankruptcy watchdog simultaneously accused the firm of chasing down rumors to "revise history" through overbroad discovery requests.

  • August 27, 2024

    Winston & Strawn Hires Morgan Lewis Healthcare Partner

    An attorney specializing in healthcare law recently moved to Winston & Strawn LLP's Houston office after practicing for nearly five years at Morgan Lewis & Bockius LLP.

  • August 27, 2024

    SXSW, Chubb Unit Settle Ticket Coverage Dispute

    The organizers of the South by Southwest festival and a Chubb insurer told a Texas federal court they settled their dispute over coverage for costs stemming from a class action by ticket holders seeking refunds after the 2020 festival was canceled because of the COVID-19 pandemic.

  • August 27, 2024

    Judge Sweeten Brings AG Insight To Texas Business Court

    As a former attorney with the Texas attorney general's office, newly appointed Business Court Judge Patrick K. Sweeten is no stranger to complex litigation.

  • August 27, 2024

    Kirkland Adds Energy Regulatory Pro From Vinson & Elkins

    Kirkland & Ellis LLP has hired a corporate attorney who worked at Vinson & Elkins LLP for 16 years as a partner in its energy regulatory practice group.

  • August 26, 2024

    Biden Admin's New Green Card Rule Hit With 14-Day Pause

    A Texas federal judge on Monday temporarily halted the Biden administration from granting parole under its new program for noncitizen spouses and stepchildren of U.S. citizens seeking green cards from within the U.S., days after Texas accused the administration of exceeding its parole authority.

  • August 26, 2024

    Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies

    Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.

  • August 26, 2024

    Care.com To Pay $8.5M To Settle FTC's Deception Claims

    Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.

  • August 26, 2024

    AT&T To Pay $950K To Settle With FCC Over 911 Outage

    AT&T has agreed to pay $950,000 to end an enforcement action stemming from an August 2023 outage that affected 911 calls in parts of four states, the Federal Communications Commission said Monday.

  • August 26, 2024

    Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med

    A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.

  • August 26, 2024

    Ga. Judge Won't Let DOL Play 'Sorcerer' With H-2A Rule

    A Georgia federal judge on Monday temporarily restricted the U.S. Department of Labor's ability to enforce a rule protecting union-related activities for H-2A foreign agricultural workers, saying the law is unconstitutional because it violates the 1935 National Labor Relations Act.

  • August 26, 2024

    Jury Awards Lashify $31M In Worldbeauty Patent Case

    Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.

  • August 26, 2024

    5th Circ. Won't Revive Texas Teacher's Age Bias Suit

    The Fifth Circuit backed the dismissal of a teacher's suit claiming he was pulled from his teaching job and placed into a support role because of his older age, saying Monday he failed to show that discrimination drove the Texas school district's decision rather than his poor performance.

  • August 26, 2024

    CFPB Defeats Challenge To Small-Biz Lending Rules

    The Consumer Financial Protection Bureau landed an early win Monday in an industry-backed challenge to its reporting requirements for small business lenders, with a Texas federal judge finding the rule "is much more modest than plaintiffs would lead the court to believe."

  • August 26, 2024

    Bank Co. Disputes AIG's Reading Of Covered Defense Costs

    A bank owner defended its amended claims that an AIG unit violated the Texas Insurance Code, telling a Texas federal court that AIG unlawfully issued it late defense payments and refused to cover defense costs that "incidentally" benefited its affirmative underlying claims.

Expert Analysis

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    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.

  • Takeaways From EPA's New Methane Emission Rules

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    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.

  • Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment

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    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.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    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.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    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.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    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.

  • What Workplace Violence Law Means For Texas Healthcare

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    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.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    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.

  • Series

    Skiing Makes Me A Better Lawyer

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    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.

  • High Court Social Media Speech Ruling Could Implicate AI

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    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.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    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.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    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.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    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.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    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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