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Texas
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June 12, 2024
Feds Urge 5th Circ. Against Fast-Tracking Parole Suit
The Biden administration rebuked a Texas-led coalition's efforts to fast-track its challenge to an immigration program for Cubans, Haitians, Nicaraguans and Venezuelans, telling the Fifth Circuit the states won't suffer financial injury from the program while the case is underway.
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June 12, 2024
Ashley Furniture Faces Data Breach Suit Over 2023 Hack
Ashley Furniture customers hit the home furnishing retailer with a proposed class action in Texas federal court Monday, accusing the company of negligence over its failure to safeguard their personal information — which was compromised during a cyberattack a year ago — and of waiting months to notify them.
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June 12, 2024
Matador Paying $1.9B For EnCap Delaware Basin Assets
Dallas-based Matador Resources Co. said Wednesday it has agreed to pay just over $1.9 billion for a subsidiary of the EnCap Investments portfolio company Ameredev II Parent, taking control of oil and natural gas producing properties across the Delaware Basin.
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June 12, 2024
Kelly Hart Atty, North Texas Judge Picked For Biz Court Seats
Texas Gov. Greg Abbott announced four more appointments to the statewide business court on Wednesday, a day after announcing his first picks for the state's newest appellate courts.
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June 12, 2024
Texas Firm Accused Of Misclassifying Paralegal As Contractor
A Texas personal injury law firm misclassified a paralegal as an independent contractor and its director constantly changed the paralegal's time sheets, resulting in unpaid wages, she told a Texas federal court.
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June 12, 2024
Jackson Lewis Adds Fisher Phillips Labor Pro In Houston
Jackson Lewis PC has bolstered its labor and employment practice in Houston with a litigator who came aboard from Fisher Phillips.
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June 11, 2024
Hedge Fund Anson Settles With SEC Over Cannabis Shorts
The American and Canadian entities overseeing hedge fund Anson Funds agreed on Tuesday to pay $2.25 million to end a U.S. Securities and Exchange Commission investigation into their allegedly hidden relationship with an activist investment firm that shorted a pair of cannabis stocks.
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June 11, 2024
DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say
The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.
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June 11, 2024
Miss. Urges 5th Circ. To Approve Ban On Medical Pot Ads
The state of Mississippi has told the Fifth Circuit that it should uphold state restrictions barring advertising for medical marijuana, saying that the First Amendment cannot protect such speech because marijuana is federally illegal.
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June 11, 2024
Texas, Mont. Sue HHS Over ACA Trans Discrimination Rule
Texas and Montana filed suit against the Biden administration seeking to halt its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, saying the new regulations infringe on states' autonomy and force them to violate their own laws.
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June 11, 2024
Abbott Taps General Counsel, Austin Partners For New Courts
Texas Gov. Greg Abbott announced his first appointments to the statewide business court and the Fifteenth Court of Appeals on Tuesday, roughly three months before the state's newest courts are set to begin taking cases.
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June 11, 2024
FCC Looks To Fine Telecom $2.6M For Failing To Pay Fees
The Federal Communications Commission said Tuesday it plans to fine a Texas telecom $2.65 million for failing to pay required fees to support an array of FCC programs, including low-income subsidies, services for disabled consumers and phone number portability.
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June 11, 2024
JPML Consolidates AT&T Data Breach Suits In Texas
Thirty lawsuits brought against AT&T over a data breach that left 70 million customers' information on the dark web are being consolidated in the Northern District of Texas, with the Judicial Panel on Multidistrict Litigation ruling that proximity to AT&T headquarters will bring added efficiency to the proceedings.
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June 11, 2024
DOE Urges DC Circ. To Extinguish Furnace Rule Fight
The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.
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June 11, 2024
Texas AG Urges DC Circ. To Revive Media Matters Probe
Texas Attorney General Ken Paxton wants the D.C. Circuit to revive his investigation into progressive media watchdog Media Matters' reporting on the social media platform X, saying the D.C. federal court had no authority to interfere with the probe.
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June 11, 2024
Spat Over Texas Trial, Vacation Plans Ends With New Date
A Texas appeals court has dismissed a tech company's mandamus petition stating that a Harris County court scheduled a trial in its case despite several attorney vacation letters after the parties said the trial court moved the date.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
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June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits
Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
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June 11, 2024
Wilson Elser Attys Officially Exit Airline Suit After Filing Gaffe
A Texas state judge has approved American Airlines' request for the departure of its Wilson Elser Moskowitz Edelman & Dicker LLP legal team that blamed a young child for a then-flight attendant's alleged covert bathroom recording, a week after the same lawyers were replaced from a similar suit in North Carolina federal court.
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June 11, 2024
After Circling Globe, IP Litigator Returns To Fish & Richardson
Fish & Richardson PC has strengthened its intellectual property litigation group in Houston with a familiar face who left the firm over a year ago to trot the globe with his wife.
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June 11, 2024
Immigration Firm Says Rival Poached Workers And Stole TM
A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase it registered a trademark for — "Arreglar sin salir!" — which translates to "fix without leaving."
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June 10, 2024
ATF Says States Lack Standing In Suit Over Gun Show Rule
The Bureau of Alcohol, Tobacco, Firearms and Explosives told a federal judge in Texas that a coalition of Republican-led attorney generals could not prove how a rule closing the so-called gun show loophole harmed the states.
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June 10, 2024
New State Appeals Court Is Constitutional, Texas Says
The Texas Health and Human Services Commission asked the state's high court to reject a petition by Dallas County seeking a declaration that the newly created Fifteenth Court of Appeals is unconstitutional, saying the legislature indeed can create an appeals court with subject-matter jurisdiction.
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June 10, 2024
Home Flooding Was Unavoidable, Agency Tells Appeals Court
A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.
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June 10, 2024
Bloomberg's Utility Bond Changes Hurt Consumers, Suit Says
Bloomberg LP was hit with a proposed class action by California and Texas electricity customers who claim the company reclassified certain bonds issued by utility companies to elevate their perceived risk and hike interest rates, a move they say benefited institutional investors but imposed increased costs on electricity customers.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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3 Employer Lessons From NLRB's Complaint Against SpaceX
Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift
A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What's Extraordinary About Challenges To SEC Climate Rule
A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.