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March 18, 2024
5th Circ. Revives Widows' Collections Suit Against Law Firm
The Fifth Circuit has revived a proposed class action against Louisiana law firm Shows Cali & Walsh LLP regarding its efforts to recoup grant funds awarded in connection with Hurricane Katrina, saying a reasonable jury could find the law firm violated the Fair Debt Collections Practices Act.
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March 18, 2024
Ex-Holland & Knight Atty To Lead Hilgers Graben Gov't Team
A former securities defense leader at Holland & Knight LLP has moved to Hilgers Graben PLLC's Dallas office to lead the firm's government investigations and regulatory enforcement group.
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March 18, 2024
NextEra Moves For Victory In Texas Power Grid Law Row
NextEra units want a Texas federal court to invalidate a state law reserving new power line development for incumbent transmission companies after the Lone Star State failed in its bid to overturn a Fifth Circuit opinion finding the measure unconstitutional.
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
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March 18, 2024
Supreme Court Won't Review Dallas Strip Club Law
The U.S. Supreme Court on Monday declined to take up a case challenging a Dallas city ordinance requiring sexually oriented businesses to close during the early morning hours that was enacted in an attempt to reduce crime.
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March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
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March 15, 2024
5th Circ. Blocks SEC Climate Reporting Regulations, For Now
The Fifth Circuit on Friday temporarily blocked the implementation of the U.S. Securities and Exchange Commission's new emissions reporting requirements, issuing an administrative stay in a challenge brought by oil and gas company Liberty Energy Inc.
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March 15, 2024
Judiciary Clarifies Judge Shopping Policy After Senator Letter
The Judicial Conference of the United States said Friday that its updated policy aimed at preventing litigants from shopping for the judge of their choice is not intended to overstep judges' authority or discretion under the law, issuing guidance one day after Republican senators pushed back against the policy.
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March 15, 2024
Real Estate Authority: Realtor Settlement, Women's Soccer
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.
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March 15, 2024
Google Wants Facebook Pact Kept Out Of Ad Tech Discovery
Google urged a Texas federal judge on Friday to reject state-level enforcers' bid to lift a stay on discovery for documents related to a bidding agreement between Google and Facebook in the suit accusing the search giant of monopolizing key digital ad technology, saying the plaintiffs' antitrust claims based on the agreement have already been dismissed.
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March 15, 2024
Bank Groups Defend Texas Home For CFPB's Late-Fee Rule Suit
A trade group coalition suing to overturn the Consumer Financial Protection Bureau's new credit card late-fee rule pressed Thursday in Texas federal court for an immediate injunction against the measure, pushing back on the agency's claims that the case should be bounced for ineffective "forum shopping."
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March 15, 2024
Paxton Joins Feds In Fraud Suit Against Houston Developer
The Texas Office of the Attorney General sued a Houston-area real estate developer for deceptive trade, fraud in real estate transactions and other offenses, joining previously announced federal litigation accusing the company and its affiliates of widespread predatory practices.
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March 15, 2024
Texas Justices Side With Dallas In Retirement Fund Row
The Texas Supreme Court on Friday handed a win to the city of Dallas in its fight against a retirement fund, saying the fund doesn't have veto power over city lawmakers in a dispute over an ordinance that enshrined term limits for fund board members.
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March 15, 2024
Split Texas Justices Leave Contempt Charges Against Nate Paul
The Texas Supreme Court on Friday declined to take up an appeal challenging criminal contempt charges against troubled real estate investor Nate Paul, with dissenting justices arguing that the court would "likely conclude" that Paul's due process rights were violated if it accepted the case.
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March 15, 2024
Divided 5th Circ. Rejects Atomic Waste Site Dispute Rehearing
A narrowly divided Fifth Circuit has widened a circuit split by refusing to reconsider its ruling that U.S. nuclear energy regulators illegally approved an atomic waste site in West Texas, ruling the Lone Star State and mineral owners could challenge the decision without participating in the licensing process.
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March 15, 2024
Texas Justices To Review Tossed $22M Malpractice Verdict
The Texas Supreme Court on Friday agreed to review a split appellate decision that tossed a real estate brokerage's $22 million malpractice award against a Dallas law firm after finding that improper jury instructions influenced the verdict.
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March 15, 2024
Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial
Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.
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March 15, 2024
Texas Tamale Beats Cross-State Rival In Trademark Fight
Over three years of legal delays and a tortured case that was "actually arguing mere descriptiveness under the guise of genericness" somehow failed to persuade a judge in Houston to unseat a trademark owned by a small company on the phrase "Texas Tamale."
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March 15, 2024
Vedder Price Adds Dorsey & Whitney Finance Pro In Dallas
An experienced finance attorney has joined Vedder Price PC's Dallas office after spending seven years at Dorsey & Whitney LLP.
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March 15, 2024
Houston Judge Who Lost Primary Drops Election Challenge
A Texas state judge in Houston's Harris County who lost his Democratic primary election on March 5 has dropped his lawsuit challenging his opponent's eligibility to take the bench.
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March 15, 2024
Marathon Digital Pays $87.3M For Bitcoin-Mining Data Center
Bitcoin-mining company Marathon Digital Holdings Inc., advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Friday announced it is buying Lowenstein Sandler LLP-led Applied Digital Corp.'s bitcoin-mining data center in Texas for a net purchase price of $87.3 million.
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March 15, 2024
Off The Bench: QB 'Extortion,' Bears Bias Suit, Trans Athletes
In this week's Off The Bench, Dallas Cowboys quarterback Dak Prescott claims a woman wants him to buy her silence about an alleged sexual assault, a man says the Chicago Bears denied him a job because he is white, and an inclusive roller derby team fights a county order denying facilities access to transgender girls and women.
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March 15, 2024
High Court Won't Intervene In West Texas Drag Show Dispute
The U.S. Supreme Court declined Friday to force West Texas A&M University to let an LGBTQ student group host a charity drag show on campus while the group challenges the university president's decision to prohibit the event as unconstitutional.
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March 15, 2024
Dykema Hires MehaffyWeber Shareholder In Houston
Dykema Gossett PLLC has added a product liability attorney from MehaffyWeber who spent almost six years with the firm working on toxic torts, commercial litigation and a range of other liability issues, Dykema announced Thursday.
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March 14, 2024
17 Added To SEC's $300M Suit Alleging Crypto Ponzi Scheme
The U.S. Securities and Exchange Commission on Thursday expanded its takedown of an alleged $300 million crypto Ponzi scheme with a suit against 17 individuals for their roles in a business that allegedly targeted Latino investors.
Expert Analysis
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The Differing Court Approaches To Pay Equity Questions
Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.
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Navigating Scope And Applicability Of Texas Data Privacy Law
Texas recently became the 11th state to enact comprehensive consumer data privacy legislation, and while the law does not tread much new ground for material privacy-related obligations, compliance may require new thinking, say attorneys at Reed Smith.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Georgia-Pacific Ruling Furthers Texas Two-Step Challenges
With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
The Supreme Court Can't Fix The SEC's In-House Court Issue
The U.S. Supreme Court agreed to hear an appeal of the Fifth Circuit's decision in Jarkesy v. U.S. Securities and Exchange Commission that, if upheld, could shutter the in-house courts used by the SEC to litigate many of its enforcement cases, but a constitutional challenge to these courts is probably too blunt an instrument for the job, says David Slovick at Barnes & Thornburg.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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Opinion
Congress Should Pass Bipartisan Immigration Reform Bill
By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Opinion
Aviation Watch: Investigating The SpaceX Rocket Explosion
While the Federal Aviation Administration has promised to oversee an inquiry into the recent catastrophic failure of SpaceX's Starship/Super Heavy rocket, the agency's conflicts of interest and record of lax oversight make it imperative that an independent investigation be conducted, says Alan Hoffman, a retired attorney and aviation expert.
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Foreign Investment In Real Estate Is Getting More Complicated
Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows
The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.
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Why Pausing CFPB Small Biz Lending Rule May Be Prudent
The plaintiffs in the recently filed Texas Bankers Association v. Consumer Financial Protection Bureau are requesting a stay of the CFPB's expanded reporting requirements for small business loan applications — a wise option in light of the pending U.S. Supreme Court challenge to the agency's constitutionality, say P. Russell Perdew and Louis Manetti at Locke Lord.