Texas

  • September 05, 2024

    Texas Says New HIPAA Rule Obstructs State Abortion Laws

    Texas has hit the federal government with a suit challenging a new privacy rule limiting the disclosure of reproductive health information to law enforcement, arguing the rule was designed to obstruct the state's ability to enforce its own laws on abortion.

  • September 05, 2024

    Judge Sharp No Stranger To Complex Cases Biz Court To See

    Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.

  • September 05, 2024

    PE Firm Argues Tossing of FTC Case Also Ends Workers' Suit

    The dismissal of a government antitrust action against Welsh Carson Anderson & Stowe warrants the dismissal of a second lawsuit brought by a Houston workers' benefit fund since the complaint is "unapologetically based" on the parallel Federal Trade Commission action, the private equity firm told a Houston federal judge in a hearing Thursday.

  • September 05, 2024

    Texas Bank Ordered To Boost AML Compliance For Crypto Biz

    The Federal Reserve has told a Texas institution to shore up "significant deficiencies" in its risk management and anti-money laundering procedures as they relate to crypto customers, among other concerns.

  • September 05, 2024

    CrowdStrike Brass Face Investor Suit Over Global Outage

    Executives and directors of global cybersecurity company CrowdStrike have been hit with a shareholder derivative suit alleging that they overstated the capabilities of the company's technology that eventually caused a massive disruption over the summer when its system crashed.

  • September 05, 2024

    Texas Judge Extends Block On DHS Spousal Parole Program

    A Texas federal judge Wednesday denied the Biden administration's bid to lift a soon-to-expire pause on issuing parole under its new program for certain U.S. citizens' relatives seeking green cards while in the U.S., extending the temporary stay for another 14 days.

  • September 05, 2024

    Placid Oil Tells 5th Circ. It's Clear Of Contamination Claims

    Placid Oil told a Fifth Circuit panel that previous bankruptcy proceedings cleared it of contamination claims on a Louisiana property, saying during oral arguments Thursday that language in the contract calling it a party to the surface lease agreement didn't count as an assignment.

  • September 05, 2024

    Green Groups Fight Red State AGs' Attack On Civil Rights Regs

    Environmental and civil rights groups are opposing a petition filed by attorneys general from 23 primarily Republican-led states demanding that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.

  • September 05, 2024

    5th Circ. Rejects Overtime For Highly Paid Oil Rig Workers

    A group of reamers for an oil and gas company aren't entitled to overtime under federal law because they are paid an annual salary and performed exempt duties, a Fifth Circuit panel ruled, affirming a lower court's decision.

  • September 05, 2024

    EPA Asks To End Texas, Okla. Air Plan Fight Due To Lost Docs

    The U.S. Environmental Protection Agency is asking the Fifth Circuit to vacate its challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan, having lost key records needed to justify its decisions.

  • September 05, 2024

    EPA Issues Carbon Sequestration Well Permits In Texas

    The U.S. Environmental Protection Agency issued draft permits to Oxy Low Carbon Ventures LLC for three proposed carbon sequestration wells, marking the first time the agency has issued such permits in the state of Texas.

  • September 05, 2024

    Two Sentenced To Prison In $111M Tax Fraud Scheme

    Two members of a crime ring who admitted to participating in a $111 million tax fraud scheme involving stealing the identities of accountants and taxpayers were sentenced to prison, according to Texas federal court documents.

  • September 05, 2024

    Feds Ask Justices For 'GVR' In Abortion Guidance Case

    The U.S. Department of Health and Human Services is urging the nation's high court to simultaneously grant its certiorari petition, vacate a Fifth Circuit decision blocking guidance for hospitals to provide emergency abortions, and remand the case to lower courts in light of new developments. 

  • September 05, 2024

    Debevoise, Cravath Steer Verizon's $20B Frontier Takeover

    Debevoise & Plimpton LLP is guiding Verizon Communications Inc. on a deal disclosed Thursday that will see the telecommunications giant absorb Cravath Swaine & Moore LLP-advised Frontier Communications at a $20 billion enterprise value. 

  • September 04, 2024

    SEC Lets Deadline Pass For 5th Circ. Private Funds Appeal

    The U.S. Securities and Exchange Commission won't challenge a Fifth Circuit decision that vacated its recently passed disclosure rules for private fund advisers, taking no action as its deadline to appeal to the U.S. Supreme Court passed.

  • September 04, 2024

    Albertsons Denied Texas Court Remand In Opioid MDL

    An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.

  • September 04, 2024

    Who Wore '8' Better? Jackson, Aikman Locked In TM Battle

    Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.

  • September 04, 2024

    Universal Service Fund's End Called Crushing For Broadband

    A rural telecom trade association is warning of skyrocketing rates and provider loan defaults if the U.S. Supreme Court upholds a Fifth Circuit decision to end the Universal Service Fund as it's currently constructed, citing internal survey findings that 68% of responding telecoms would cancel broadband deployment projects next year.

  • September 04, 2024

    Dynapass Drops Patent Suit Against Bank Of America

    A litigation outfit has agreed to drop its patent infringement allegations against Bank of America, ending a lawsuit in the Eastern District of Texas over the programming behind user-authentication software.

  • September 04, 2024

    CommScope Must Pay $5.4M Atop $11M IP Verdict

    A Texas federal judge has ordered North Carolina network infrastructure business CommScope Holding Co. Inc. and its related companies to pay $5.4 million in addition to the $11 million in patent infringement damages CommScope already must pay to a licensing company that prevailed in its claims asserting six patents.

  • September 04, 2024

    Marathon Faces Wrongful Death Suit Over Refinery Explosion

    The family of a Texas machinist who burned to death in a refinery explosion is suing Marathon Petroleum Co. and others, claiming their shoddy build, maintenance and management of the facility caused the catastrophic failure.

  • September 04, 2024

    2011 Case Bars Houston Strip Club's Fee Row, 5th Circ. Told

    The Texas Comptroller told a Fifth Circuit panel Wednesday that a Houston strip club's challenge to a new state law that would increase a fee imposed on customers of sexually oriented businesses is barred by a decade-old court decision upholding the legislature's initial enactment of the fee.

  • September 04, 2024

    Customs Suspects Biz Of Skipping Duties On Chinese Imports

    U.S. Customs and Border Protection has instructed a chemical company to pay duties on Chinese-origin glycine imported from Malaysia, saying it had reason to believe the company was importing the amino acid through Malaysia to avoid paying tariffs on Chinese-origin glycine.

  • September 04, 2024

    FCC Sued In 5th Circ. Over Wi-Fi Plan For Schools, Libraries

    A couple who run an anti-cyberbullying nonprofit are suing the Federal Communications Commission in the Fifth Circuit over its new rules to subsidize Wi-Fi service for school and library users off campus, saying the subsidy violates limits built into the law that created the E-Rate program.

  • September 04, 2024

    Steward Health Gets OK To Sell Mass. Hospitals For $343M

    A Texas bankruptcy judge on Wednesday approved Steward Health Care's $343 million sale of six of its Massachusetts hospitals and new funding that will help the company keep its facilities in the Bay State operating.

Expert Analysis

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Supreme Court's ALJ Ruling Carries Implications Beyond SEC

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    In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

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    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

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