Texas

  • September 09, 2024

    Red States, Industry Look To Sink EPA Vehicle Emissions Rule

    The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.

  • September 09, 2024

    Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'

    A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.

  • September 09, 2024

    Paxton Promotes Legal Strategy Aide After Impeachment Help

    Texas Attorney General Ken Paxton on Monday announced the promotion of Austin Kinghorn to deputy attorney general for legal strategy.

  • September 09, 2024

    Clifford Chance Adds Latham Capital Markets Atty In Houston

    Clifford Chance LLP is expanding its capital markets team, announcing Monday it is bringing in a Latham & Watkins LLP energy and infrastructure expert as a partner in its Houston office.

  • September 09, 2024

    Bradley Arant Adds Katten Partner In Dallas

    Bradley Arant has hired a six-and-a-half-year veteran of Katten Muchin Rosenman LLP who is joining the firm's corporate and securities practice in Dallas as a partner.

  • September 09, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.

  • September 09, 2024

    Five Point Energy Clinches 4th Fund With $1.4B In Tow

    Sustainable infrastructure-focused private equity shop Five Point Energy LLC on Monday announced that it clinched its fourth fund above target after securing $1.4 billion from investors.

  • September 06, 2024

    ICE Is Failing Language Service Obligations, Report Says

    U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.

  • September 06, 2024

    Real Estate Recap: Pol Funding, Investor Angst, Climate Risk

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including which presidential candidates BigLaw real estate pros have backed, where one attorney sees investor confidence despite tough conditions, and how extreme weather events are reshaping the property insurance market.

  • September 06, 2024

    Texas Biz Court Will Be A Brave New World For Energy Cos.

    Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.

  • September 06, 2024

    5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal

    A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.

  • September 06, 2024

    Appeals Court Says Nursing Home Seller Keeps Atty Fees

    An entity that sold a nursing home is entitled to keep attorney fees because the underlying contract spelled out that it was entitled to them, a Texas appeals court found, even though the eventual buyer was not a party to the contract granting attorney fees.

  • September 06, 2024

    Investment Co. Appeals Sanction In Highland Ch. 11

    An alternative investment company has asked a Texas federal court to overturn a sanctions order it received in defunct hedge fund Highland Capital's Chapter 11 case after the bankruptcy court concluded that it filed a claim in bad faith.

  • September 06, 2024

    $111M Tax Fraud Scheme's Ringleader Sentenced To 14 Years

    The leader of a scheme to steal the identities of taxpayers and pose as their accountants to commit $111 million in tax fraud was sentenced Friday to more than 14 years in prison by a Texas federal judge, according to the U.S. Department of Justice.

  • September 06, 2024

    Texas Justices To Weigh In On Native American Park Dispute

    The Texas Supreme Court agreed Friday to answer a question from the Fifth Circuit about religious freedom under the Lone Star State's constitution to aid the federal appellate court in resolving a dispute between Native American church members and San Antonio over access to a local park.

  • September 06, 2024

    YouTuber Says Logan Paul Filed Defamation Claims Too Soon

    YouTuber Coffeezilla has told a Texas federal judge that social media entertainer Logan Paul's defamation suit shouldn't move forward since Paul never asked the video creator to correct or rework the investigative series that Paul claims defamed him as a scammer.

  • September 06, 2024

    Sharpe Rips Favre's Nod To Palin-NYT Ruling As Irrelevant

    Sportscaster Shannon Sharpe blasted former NFL quarterback Brett Favre on Friday for improperly asking the Fifth Circuit to consider, as it mulls reviving a case against Sharpe, a recent ruling that granted Sarah Palin a new libel trial against the New York Times.

  • September 06, 2024

    Enviro Groups Challenge FERC Approval Of La. LNG Terminal

    Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."

  • September 06, 2024

    Judge Barnard Says It's 'About Time' For Texas Biz Court

    Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.

  • September 06, 2024

    NLRB Denied Indicative Ruling Bid In SpaceX Dispute

    The National Labor Relations Board can't have an indicative ruling to pause an unfair labor practice case against SpaceX amid a challenge to the constitutionality of the board's structure, a Texas federal judge ruled, saying the agency didn't file a separate motion requesting such relief.

  • September 06, 2024

    Baker McKenzie M&A Partner Jumps To Bell Nunnally

    Dallas-based business law firm Bell Nunnally & Martin LLP has hired former Baker McKenzie partner Jonathan Farrokhnia, who told Law360 on Friday that his decision to join the firm was based on the advantages that come from working for a smaller firm.

  • September 06, 2024

    Taxation With Representation: Debevoise, Bennett, Orrick

    In this week's Taxation With Representation, Verizon reaches a deal to absorb Frontier in a deal worth $20 billion, First Majestic agrees to buy Gatos Silver for $970 million, and Epam Systems inks a $630 million purchase of Neoris.

  • September 06, 2024

    Baker Botts Gains Tax Pro In Dallas From Baker McKenzie

    Baker Botts LLP has bolstered its tax department with a partner in Dallas who came aboard after more than a decade with Baker McKenzie.

  • September 05, 2024

    Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit

    A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.

  • September 05, 2024

    Texas Could Be Next Delaware, Attys Say As Biz Court Opens

    Law firms have been preparing for the upcoming Texas Business Court since the state announced that it wanted to compete with the Delaware Court of Chancery, but many have adopted a wait-and-see approach to the Lone Star State's newest venue, which opened for cases this week.

Expert Analysis

  • 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.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

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    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Justices' Removal Ruling Presents Hurdles, But Offers Clarity

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    The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Justices' 'Blind Mule' Ruling Won't Change Defense Strategy

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    The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

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