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Texas
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May 06, 2024
Fla. Jury Sides With Polo Star In Fight Over Cloned Horse Deal
A Florida federal jury on Monday handed an Argentine polo star a win on breach of contract and trade secret claims against a competitor over the use of genetic material in cloned foals.
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May 06, 2024
Judge Turns Down Realtek's Patent 'Conspiracy' Case
A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.
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May 06, 2024
Amazon Loses Bid To Ship Patent Case From EDTX To Wash.
An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.
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May 06, 2024
FCC Only Commits To Normal Review Of Soros-Audacy Deal
The FCC has informed two Republican lawmakers worried about Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy that it will conduct a regular license review, but stopped short of promising the foreign ownership review that the legislators want due to their concerns about the fund's "deeply partisan" billionaire owner.
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May 06, 2024
Cabot Settles Investor Suit Over Groundwater Pollution Claims
Cabot Oil & Gas Corp. and a class of investors have reached a settlement resolving allegations the company misrepresented its environmental regulatory compliance before faulty gas wells polluted Pennsylvania's water supplies.
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May 06, 2024
Ga. Insurance Agency Hit With Suit Over 'Unwanted Calls'
A Georgia-based insurance agency was hit with a proposed class action Monday alleging it makes "aggressive" telemarketing calls to seniors advertising final expense and life insurance products, even when the seniors are on the national do-not-call list or ask that the calls stop.
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May 06, 2024
5th Circ. Revives Airline Workers' Hearing-Loss Suit
A pair of flight attendants seeking to hold Boeing liable over hearing loss they suffered due to an aircraft's allegedly faulty smoke alarm have successfully convinced a Fifth Circuit panel to allow them to refile their case, bringing their claims back from the brink almost three years after the appeals court tossed them.
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May 06, 2024
Chamber's Noncompete Challenge On Hold For Earlier Case
A Texas federal court has paused the U.S. Chamber of Commerce's case challenging the Federal Trade Commission's pending ban on noncompetes and encouraged the group to join a case filed a day earlier by tax services and software company Ryan LLC.
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May 06, 2024
Judge Backs H-2B Visa Rejection For Missing Trucking Routes
A U.S. Department of Labor official was not wrong to reject a trucking company's application to hire foreign long-haul truckers because the company failed to provide detailed routes for the drivers, an agency judge said.
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May 06, 2024
Blaze Media Must Show Docs In Harassment Suit, Judge Says
A Texas federal judge ordered Blaze Media to cough up documents relating to a former commentator accused of sexual harassment, finding that the conservative media company didn't do enough to show that the discovery requests were overly broad and concerned confidential information.
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May 06, 2024
Catching Up With Delaware's Chancery Court
A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
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May 06, 2024
Clifford Chance Continues 2024 Growth In New York, Houston
Clifford Chance continued its recent aggressive expansion by growing its Houston and New York offices with two attorneys specializing in energy, taxation and mergers and acquisitions, bringing the firm's lateral hires up to 10 attorneys in 2024.
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May 06, 2024
Willkie Launches Dallas Shop With Haynes Boone Trio
Willkie Farr & Gallagher LLP announced Monday that it has launched an office in Dallas with a seven-partner team that includes three attorneys who just arrived from Haynes and Boone LLP.
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May 06, 2024
Ga. Judge Blows Whistle On Football Squad's League Flip
After a false start last month, a Georgia federal judge on Monday granted an indoor football league's request to block one of its former teams from jumping ship and competing in the rival Arena Football League, adding to the AFL's growing troubles just two weeks into its season.
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May 06, 2024
Texas Says EPA Methane Rule Would Burden Regulators
The Texas Commission on Environmental Quality's director of the Office of Air told the D.C. Circuit that the U.S. Environmental Protection Agency has grossly underestimated the cost of complying with its expanded methane emissions control requirements, and should therefore pause the rule's implementation.
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May 06, 2024
Gerdau Steel Settles Fathers' Parental Leave Suit In Texas
A suit accusing steel producer Gerdau of not allowing male mill workers to take parental leave will be put to rest after a Texas federal judge signed off on a nationwide deal between the workers and the company.
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May 06, 2024
Private Equity Pro Rejoins Akin In Houston From McDermott
Akin Gump Strauss Hauer & Feld LLP announced Monday that a Houston-based partner who spent the last couple of years practicing at McDermott Will & Emery LLP has returned, bolstering its private equity practice and deepening its energy sector bench.
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May 06, 2024
Hospital Chain Steward Health Hits Ch. 11 With Over $1B Debt
Embattled hospital operator Steward Health Care filed for Chapter 11 protection Monday in a Texas bankruptcy court with more than $1 billion in debt, blaming rising costs and falling government reimbursement rates.
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May 03, 2024
Samsung Seeks $6.7M In Fees After Beating $4B Patent Case
Samsung asked U.S. District Judge Alan Albright to award it $6.7 million in attorneys' fees after beating a $4 billion infringement suit over two semiconductor patents, saying the patent holder's "exceptional misconduct" during the litigation warrants the requested award, according to a motion unsealed on Friday.
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May 03, 2024
Real Estate Authority: Dirty Money, Forever Chems, Housing
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's developments by state — as well as on the illicit billions tucked away in commercial real estate, attorney takeaways from new "forever chemical" designations, and one foreign investor's bet on U.S. housing.
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May 03, 2024
5th Circ. Stands By Keeping CFPB Late Fee Case In Texas
A Fifth Circuit panel will not reconsider its decision rejecting the cross-country transfer of a bank industry-backed challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, denying the agency's bid to move the case back to Washington, D.C., from Texas.
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May 03, 2024
Gilstrap Scraps $6.6M Tire Pressure IP Verdict Against Autel
A federal judge in Texas has granted Autel's post-trial motion for judgment as a matter of law that it does not infringe an Orange Electronic Co. Ltd. tire pressure monitoring patent, wiping out a $6.6 million jury verdict from June.
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May 03, 2024
Gannett Can't Dodge Tax Firm's Defamation Case
Gannett Co. can't escape a defamation case accusing it of writing misleading articles saying Ryan LLC, a tax services and technology firm, engaged in shady business practices, a Texas appeals court ruled, finding the media giant isn't shielded from the claims by the Lone Star State's anti-SLAPP law.
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May 03, 2024
DOJ Seeks Info Sharing With Texas In Google Ad Tech Case
The U.S. Department of Justice objected on Friday to a Virginia magistrate judge's refusal to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas, contending the information sharing is needed to maintain a level playing field.
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May 03, 2024
Chamber Blasts FTC Bid For Member IDs In Noncompete Suit
The U.S. Chamber of Commerce is defending its ability to represent anonymous members in its Texas federal suit challenging the Federal Trade Commission's pending noncompete ban, arguing that the FTC's attempt to block that representation is "radical and unprecedented."
Expert Analysis
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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End To CFPB's Discrimination Rule Is A Boon To Industry
A Texas federal court's recent order, which vacated revisions to a Consumer Financial Protection Bureau manual that expanded its authority to punish purported discriminatory practices, provides much-needed relief to covered entities that experienced increased regulatory uncertainty and compliance costs under the updated standards, say attorneys at Husch Blackwell.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Enforcement Of International Tax Reporting Is Heating Up
Since the U.S. Supreme Court’s February decision in Bittner v. U.S. changed how penalties for failure to report offshore accounts are calculated, recent developments suggest the government is preparing to step up enforcement and vigorously pursue the collection of resulting penalties, say Daniel Silva and Agustin Ceballos at Buchalter.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Tornado Cash Saga Presents Thorny Issues For Fintechs
A recent Texas federal court ruling and a U.S. Department of Justice indictment concerning the cryptocurrency mixer service Tornado Cash raise novel and important issues regarding smart contracts that could complicate the development and nature of decentralized crypto projects, as well as the future of fintech business models, say attorneys at Venable.
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How Juror Questions Are Changing Civil Trials In Texas
Jurors in Texas are becoming increasingly involved during civil trials by submitting written questions for the judge or attorneys to ask witnesses — and given this new reality, attorneys must understand best practices for avoiding potential pitfalls at trial and beyond, say Daniella Main and Mia Falzarano at Alston & Bird.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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The 3 E's Of Limiting Injury Liability For Worker Misconduct
The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.
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Don't Wait To Prepare For CFPB's Small Biz Lender Data Rule
Though federal courts in Kentucky and Texas have paused the rollout of the Consumer Financial Protection Bureau's small business loan reporting requirement, with more delays perhaps on the way, financial institutions should nonetheless turn to new agency guidance to prepare for the rule's eventual implementation, say Christopher Friedman and Shelby Lomax at Husch Blackwell.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Futility Exception To Remanding Rule Could Be On Last Legs
A recent Fifth Circuit decision squarely confronting the futility exception to remanding cases with insufficient subject matter jurisdiction leaves the Ninth Circuit alone on one side of a circuit split, portending a tenuous future for the exception, say Brett Venn and Davis Williams at Jones Walker.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.