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September 25, 2024
8th Circ. Told Student Debt Relief Should Remain Blocked
Seven Republican-led states are asking the Eighth Circuit to finalize its court order blocking the Biden administration from implementing its second attempt at student loan forgiveness, accusing the White House of "hiding the ball" on the true cost of the plan.
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September 25, 2024
Bumble Investor Says Dating App Overhyped Premium Model
A Bumble Inc. investor has launched a proposed securities class action in Texas federal court accusing the dating app's parent company of misleading investors about its financial outlook and success of a "premium plus" subscription tier, and causing a dramatic decline in Bumble's common stock price.
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September 25, 2024
Albright Bumps Up Amazon Patent Loss To $136M
Amazon now owes a small advertising software outfit a total of $136 million after losing a jury trial in June in Waco, Texas, in a lawsuit over patents that purportedly made it more efficient to place bids on the same pieces of ad space.
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September 25, 2024
Arnold & Itkin DQ Bid Says Zeta Defense Atty Is Ex-Employee
Arnold & Itkin has asked a Harris County judge to disqualify the law firm representing a drilling rig owner in litigation spurring from Hurricane Zeta, alleging a defense lawyer previously worked for Arnold & Itkin and improperly sent herself confidential information about the litigation before leaving the firm.
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September 25, 2024
Texas Man, 6 Companies To Pay $10.5M Over Forex Scheme
The Commodity Futures Trading Commission announced Wednesday that it had secured a default judgment and $10.5 million in monetary relief against Rudy Avila and his six companies for defrauding more than 200 investors out of $6 million.
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September 25, 2024
Paxton Asks Texas Justices To Reverse State Fair Gun Ban
Texas Attorney General Ken Paxton asked the state's highest court for emergency relief to prohibit a new State Fair of Texas rule that bans fairgoers from carrying handguns, saying in a Wednesday appeal that the Fifteenth Court of Appeals abused its discretion by denying relief.
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September 25, 2024
Judge Connolly Sticks By Fining Paralegal Patent Owner
Delaware's top federal judge won't budge on ordering a Texas paralegal to pony up $53,000 for refusing to appear for months to answer questions about a patent litigation outfit that was registered to her name, after he grilled her lawyer over who he was representing at a hearing she did show up to last week.
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September 25, 2024
Gramercy Tells Del. Court Don't Capitulate To Citgo Bidders
Hedge fund Gramercy is fighting a bid to halt litigation it filed in Texas and New York to collect on certain Venezuelan debt, telling a Delaware judge that it's just one entity in a sea of Venezuela's creditors pursuing litigation that could impact an upcoming sale of Citgo's parent company.
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September 25, 2024
Rapper Says Mike Jones, Houston Texans Stole Song
The owner of the unofficial Houston anthem "Still Tippin'" told a Harris County court this week that rapper Mike Jones and others have ripped off his 2002 song for use by the Houston Texans football team without his permission.
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September 25, 2024
Baker Botts, Latham Lead Natural Gas Producer's $270M IPO
Natural gas producer BKV Corp. on Wednesday priced a $270 million initial public offering below its range, completing a long-awaited IPO nearly two years after filing plans, represented by Baker Botts LLP and underwriters' counsel Latham & Watkins LLP.
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September 25, 2024
Doctor Says Accusers In $2M Fraud Case Hiding In Pakistan
Counsel for a doctor accused of a $2.5 million fraud says that opposing counsel wants to hide his accuser in Pakistan until trial, telling a Dallas County judge during a Wednesday sanctions hearing that he's entitled to an in-person deposition from the man making the allegations.
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September 25, 2024
DACA Intervenors In ACA Suit Resist Stay Of Dismissal Bid
Recipients of the Deferred Action for Childhood Arrival program seeking to defend their access to Affordable Care Act coverage pressed a North Dakota federal judge to decide if a lawsuit, filed by Republican states, should be dismissed or moved to Washington, D.C., saying their motion to intervene in the suit doesn't have to be decided first.
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September 25, 2024
Cancer Detection Biz To Go Public Via $694M SPAC Merger
Special purpose acquisition company Breeze Holdings Acquisition Corp. on Wednesday announced that it has agreed to merge with and take public clinical-stage biopharmaceutical company YD Biopharma Ltd. in a deal that gives the combined company an estimated enterprise value of $694 million and was built by three firms.
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September 25, 2024
Breaking IP Barriers: Q&A With Spencer Fane's DJ Healey
Spencer Fane LLP partner DJ Healey came out as a transgender woman in 2017 — 30 years into her legal career — opening doors at a time when LGBTQ+ attorneys were gaining more acceptance from colleagues and clients.
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September 25, 2024
Texas Court Denies District's Attempt To Boost Valuations
A Texas trial court didn't err in throwing out a counterclaim brought by a local appraisal district to increase the assessed values of two multifamily properties, a state appeals court ruled Wednesday.
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September 25, 2024
Veteran Federal Prosecutor Joins King & Spalding In Texas
King & Spalding LLP has strengthened its government investigations, cybersecurity and special matters offerings with a counsel in Austin, Texas, who led efforts to combat cybercrime and pandemic-era fraud during his more than 15 years as a federal prosecutor.
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September 25, 2024
Fuel Refiner Vertex Hits Ch. 11 With $422M Debt, Lender Deal
Oil refiner Vertex Energy filed for Chapter 11 protection with $422.5 million in debt and plans to pursue a sale under a prenegotiated restructuring agreement.
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September 25, 2024
Full Fed. Circ. To Tackle Patent Damages In $20M Google Case
The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."
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September 24, 2024
Cat In The Hat, 'Trashy' Books Mulled In Redo Of Library Row
The full Fifth Circuit on Tuesday pressed a group of library patrons on whether Texas libraries already routinely engage in viewpoint discrimination through the process of weeding out outdated or unpopular library books during a lengthy discussion of hypotheticals surrounding The Cat in the Hat and the books that 19th-century Americans considered "trashy."
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September 24, 2024
Verizon Foe Defends $847M Patent Win In EDTX
A Dallas patent business said on Tuesday it doesn't think the $847 million verdict it scored in Texas federal court in Marshall against a pair of telecom giants in June is too much.
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September 24, 2024
Helicopter Maker Skirted FAA Requirements, Jury Hears
Fort Worth-based Bell Helicopter Textron Inc. used a former vendor's trade secrets to skirt the need for regulatory approval, a jury heard in Texas state court Tuesday, allegedly avoiding requirements set by the Federal Aviation Administration as the company pulled the rug out from under its old vendor.
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September 24, 2024
Red States Back Florida In CWA Permit Program Fight
Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.
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September 24, 2024
Texas Fair Gun Ban Stands, State Appeals Court Says
A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.
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September 24, 2024
Motorola Ducks Out Of Smartphone Camera Patent Suit
A federal judge in Chicago on Tuesday decided to end one of the patent lawsuits by a retired businessman over operating smartphone cameras, ruling that "no reasonable jury could conclude Motorola is infringing the patent."
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September 24, 2024
Nissan, Truck Owner Split On Seriousness Of Juror Remarks
Nissan told a state appellate panel Tuesday a Harris County judge's investigation into alleged juror misconduct during deliberations in a product liability case against the car manufacturer "presents the most serious invasion of the sanctity of jury deliberations in Texas in a generation," as it fought off an order requiring the case be retried.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.