Texas

  • February 11, 2025

    ​​​​​​​FCC's Subsidy Fund Like 'Bureaucrat's Dream,' Justices Told

    A free-market litigation group urged the U.S. Supreme Court on Tuesday to overturn the Federal Communications Commission's fee system to support telecom subsidies, comparing the regime to an out-of-control IRS with unbridled taxing powers.

  • February 11, 2025

    Ex-Texas Mayor Fails Retrial Bid On Federal Bribery Charges

    A Texas federal judge on Tuesday shot down a bid by Laura Jordan, the former mayor of Dallas suburb Richardson, and her husband to get a new trial based on new evidence, saying the convicted fraudsters never showed the government suppressed the evidence in question.

  • February 11, 2025

    Red States Tell 8th Circ. DACA Health Coverage Harms Them

    A coalition of 19 Republican-led states has told the Eighth Circuit they can challenge a federal rule expanding Affordable Care Act benefits to Dreamers, citing more than $624,000 in increased costs Idaho, Kentucky and Virginia will incur as a result.

  • February 11, 2025

    5th Circ. Affirms Dismissal Of Jones Act Competition Suit

    A Fifth Circuit panel rejected a Houston company's challenge of a U.S. Customs and Border Protection determination regarding the extent to which domestic vessels compliant with the Jones Act must be tapped to haul rock used to protect the foundations of offshore wind facilities.

  • February 11, 2025

    Houston CBRE Broker Says He Was Fired For Complaints

    A Houston real estate broker asked a state court to force his company to arbitrate his claims of employment discrimination and retaliation, claiming that he was fired after complaining of company actions that included a COVID-19 vaccine mandate and poor treatment of female employees.

  • February 11, 2025

    What Judges Want You To Know: Litigate Smarter

    Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the second installment of a two-part series, Law360 has pulled together advice from over the last few years that remains as relevant as ever.

  • February 11, 2025

    Biz Group Balks At Piecemeal Bonds In Crane Collapse Case

    A Dallas appellate court's requirement that each debtor fighting a $400 million fatal crane collapse judgment must post an individual bond discourages appeals and creates an unpredictable tort liability system, a Texas business advocacy group told the state Supreme Court on Monday.

  • February 11, 2025

    DOL Asks 5th Circ. To Pause Fiduciary Rule Battle

    The U.S. Department of Labor asked the Fifth Circuit on Tuesday to pause its appeal of two federal court rulings blocking regulations that broadened the Employee Retirement Income Security Act's definition of a fiduciary, stating the Trump administration needs time to catch up on the case.

  • February 11, 2025

    SEC Stays Binance Case Amid Other Crypto Case Extensions

    The U.S. Securities and Exchange Commission and crypto exchange Binance have asked a Washington federal judge overseeing their enforcement suit to pause the case for two months as the agency pivots its approach to digital assets, adding to the list of extensions in the agency's cryptocurrency cases.

  • February 11, 2025

    Activist Elliott Targets Phillips 66 Again Over Lack Of Progress

    Activist investor Elliott Investment Management LP on Tuesday sent a letter to the board of directors of energy conglomerate Phillips 66 calling for "urgent changes" to improve operating performance and regain shareholder trust, saying "another year of empty rhetoric and broken promises is unacceptable."

  • February 11, 2025

    Botkin Chiarello Adds Litigator From Cleveland Krist

    Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.

  • February 11, 2025

    5th Circ. Backs UPS' Win In Fired Black Worker's Bias Suit

    The Fifth Circuit upheld the dismissal of a Black former UPS worker's suit claiming she was retaliated against and fired for complaining that managers sexually harassed and mistreated her because of her race, finding she lacked proof that discrimination was at play.

  • February 11, 2025

    Akin Gump Adds Gibson Dunn Special Situations Pro In Dallas

    A former Akin Gump Strauss Hauer & Feld LLP partner rejoined the firm in Dallas after a two-year stint at Gibson Dunn & Crutcher LLP to continue his finance practice, Akin announced Tuesday.

  • February 11, 2025

    Texas Bar Eyes Ban On In-House Referrals From Non-Attys

    A proposed ethics opinion from the State Bar of Texas would prohibit nonlawyer-owned for-profit companies from giving customers the option of using the business' in-house attorneys for the "actual cost" of legal services when the work is unrelated to the mission of the company.

  • February 11, 2025

    Jones Day Gets Amazon Atty For Energy Practice In Houston

    Jones Day has hired an attorney who previously worked as senior corporate counsel at Amazon and as an in-house lawyer for Chevron Phillips Chemical to strengthen its energy practice group.

  • February 11, 2025

    Commerce Powers Key In Battle Over Corp. Transparency Law

    The question of whether Congress exceeded its powers to regulate commerce by enacting the Corporate Transparency Act is likely to feature in a potential U.S. Supreme Court resolution to around a dozen challenges to the law that are percolating through the courts.

  • February 11, 2025

    TD Bank To Sell Schwab Stake In Roughly $13.1B Offering

    TD Bank Group on Tuesday announced the terms of the sale of its entire equity investment in the financial services giant Charles Schwab Corp., detailing its plan to sell its 10.1% ownership stake in a $13.1 billion deal.

  • February 11, 2025

    Nelson Mullins Adds Litigation, Biz Pros In Houston

    Nelson Mullins Riley & Scarborough LLP has bolstered its corporate and litigation offerings with new partners in Houston who came aboard from Jackson Walker LLP and Paul Hastings LLP and who bring unique international experience.

  • February 10, 2025

    What Judges Want You To Know: You Can't Fool The Court

    Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the first installment of a two-part series, Law360 has pulled together advice over the last few years that remains as relevant as ever. 

  • February 10, 2025

    Baker Hughes Obtains Toss Of Ex-Worker's 401(k) Fee Suit

    A Texas federal judge tossed an excessive recordkeeping fees suit Monday from a proposed class of Baker Hughes 401(k) plan participants, finding evidence wasn't presented to show that the plan administrator owed a fiduciary duty in regard to so-called float money.

  • February 10, 2025

    Investigators Say Texas Atty Lied To Help Clients Hide Assets

    A pair of court-appointed independent investigators have recommended that an attorney in Fort Worth be stripped of his license to practice in the Northern District of Texas because he lied to shield his clients' assets from $9 million in judgments.

  • February 10, 2025

    Texas Property Owner Seeks Over $1M In Storm Coverage

    A Nationwide unit unlawfully failed to cover hail and wind damage to a Texas property, its owner alleged in federal court, accusing the insurer of fraud and violating state insurance statutes over unfair settlement practices and prompt claim payment and seeking over $1 million in damages.

  • February 10, 2025

    Amazon Used App Toolkit To Harvest User Data, Suit Says

    Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.

  • February 10, 2025

    Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal

    Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.

  • February 10, 2025

    5th Circ. Urged To Reject Crypto Exec's Privacy Law Claim

    The IRS complied with a financial privacy law to summon third-party bank records belonging to a cryptocurrency executive under investigation, the U.S. government told the Fifth Circuit on Monday in the businessman's appeal to overturn a lower court decision that rejected his bid to quash the summonses.

Expert Analysis

  • Takeaways From Texas AG's Novel AI Health Settlement

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    The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • What VC Fund Settlement Means For DEI Grant Programs

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    An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    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.

  • Nuclear Waste Storage Questions Justices May Soon Address

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    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.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    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.

  • DOJ Must Overcome Hurdles In RealPage Antitrust Case

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    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.

  • How Methods Are Evolving In Textualist Interpretations

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    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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