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May 24, 2024
Logan Paul's Energy Drink Co. Sues Boxer For Defamation
Prime Hydration, led by YouTube celebrity Logan Paul, has accused boxer Ryan Garcia of defamation in Texas federal court over his ongoing campaign to paint the drink in a negative light, including saying it contains harmful chemicals like cyanide that will "hurt you big time."
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May 24, 2024
OCC Orders Controls Improvements At Comerica
The Office of the Comptroller of the Currency has ordered a Comerica unit to strengthen its asset management controls and address other "unsafe or unsound practices," according to a newly released consent order.
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May 24, 2024
SEC Says Crypto Firm's Challenge Is 'Fatally Premature'
The U.S. Securities and Exchange Commission told a Texas federal judge on Friday that a yet-to-launch crypto exchange's bid to bar any future enforcement action is "fatally premature" since the firm hasn't identified a final action to challenge.
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May 24, 2024
5th Circ. Again Upholds Engineers' OT Win
A Fifth Circuit panel on Friday backed for the second time a lower court's ruling that two engineers receiving a weekly minimum salary as part of their compensation package were not overtime-exempt and sent the case back to the district court to determine damages awards.
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May 24, 2024
Atty Says Loss Of BP Spill Claim Was Client's Fault, Not Firm's
Texas attorney Brent W. Coon has told a Houston court that his firm's alleged botching of a former client's lawsuit stemming from the 2010 Deepwater Horizon spill was actually the client's fault, as he failed to provide the firm with a sworn statement to attach to his complaint per a court's order.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight
The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.
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May 24, 2024
DOJ's Live Nation-Ticketmaster Suit: What You Should Know
The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.
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May 23, 2024
Latham, Cravath Rep Live Nation In DOJ Ticketmaster Battle
In the battle against the U.S. Department of Justice's push to break up Live Nation and Ticketmaster, the concert promotion and ticketing company has called upon a team of attorneys at Cravath Swaine & Moore and Latham & Watkins to go up against a large roster of highly experienced government antitrust attorneys.
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May 23, 2024
Micron Owes $445M In Netlist Chip Patent Case, Jury Says
Micron Technology Inc. willfully infringed a pair of Netlist computer memory patents, a Texas federal jury determined Thursday, saying the chipmaker owes $425 million in damages for one patent and $20 million for the other.
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May 23, 2024
Influencer Can't Duck SEC Suit Over Crypto Sale, Promotion
The U.S. Securities and Exchange Commission scored a partial win in a Texas federal court case in which the agency accused an influencer of unlawfully reselling and promoting cryptocurrencies to followers on social media, with a judge finding the tokens were unregistered securities and the promoter could not escape liability in the lawsuit.
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May 23, 2024
Astroworld Death Claims Close As 9-Year-Old's Family Settles
The family of the youngest Astroworld victim have settled their case, an attorney for the family said Thursday, bringing the end of all wrongful death litigation stemming from the crowd crush at the 2021 music festival.
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May 23, 2024
AdTech Co. Faces Suit As Google's Cookie Support Crumbles
Advertising company Direct Digital Holdings Inc. faces a proposed investor class action alleging it mismanaged its response to an impending major technological change affecting how digital advertisers can target consumers.
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May 23, 2024
Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur
The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.
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May 23, 2024
Old Case Can't Nix $181M AT&T, Nokia Verdict, Fed. Circ. Told
Finesse Wireless LLC pushed back at the Federal Circuit against AT&T and Nokia's appeal of a more than $181 million verdict in Texas federal court for infringing Finesse's patents on reducing radio frequency interference, saying the companies' reliance on a 140-year-old Supreme Court case was misplaced.
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May 23, 2024
Bell, Boeing Face Suit Over Marines Killed In Osprey Crash
The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.
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May 23, 2024
Big Banks Hit With Claims Of Turning Man Into 'Money Mule'
A wealthy Texas entrepreneur says Morgan Stanley, Merrill Lynch, Charles Schwab and Deutsche Bank turned him into a "money mule" by using his accounts to launder billions of dollars over multiple decades, alleging a conspiracy also involving his family and a prominent lawyer that cost him millions.
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May 23, 2024
22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule
A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.
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May 23, 2024
FirstKey Sanctioned For Trying To Coerce Workers In OT Suit
A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."
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May 23, 2024
Ex-Fund Manager Settles SEC's $264M Offering Fraud Claims
A former private fund manager has agreed to pay $250,000 to resolve U.S. Securities and Exchange Commission claims he violated securities fraud laws by making promises that funds he handled would invest almost $264 million that they did not actually have on hand in issuers, including two special purpose acquisition vehicles.
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May 23, 2024
Length A 'Red Herring' In Black Student's Hair Bias Case
A Black Texas high school student claiming his Houston-area district is discriminating against him for wearing his hair in locs told a Galveston judge Thursday the district forces students to choose a religion if they want to style their hair outside the district's dress code, as he fought off multiple dismissal bids.
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May 23, 2024
Ex-Judge Pushed False Narrative On Atty Romance, Firm Says
U.S. Bankruptcy Judge David R. Jones of Texas, who resigned last year after his secret relationship with a Jackson Walker LLP partner was revealed, attempted to head off rumors about the relationship by asking the firm to file a false, partial disclosure in 2022, the firm alleged.
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May 23, 2024
Houston Law Firm Wants To DQ Creditors' Counsel In Ch. 11
Troubled MMA Law Firm PLLC is seeking to stop another firm from representing its bankruptcy creditors, arguing that MMA's principal had previously spoken with the other firm as a prospective client and had shared confidential information that now could be used against his firm.
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May 23, 2024
5th Circ. Won't Fast-Track Challenge To DOL's OT Rule
The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.
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May 23, 2024
Virtual Reality Startup's $150M SPAC Merger Is Scrapped
Blank-check company Maquia Capital Acquisition Corp. and virtual reality software provider Immersaid have mutually agreed to cancel their planned merger that would have taken Immersed public at an estimated $150 million valuation.
Expert Analysis
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.
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Why Fed. Circ. Should Resolve District Split On Patent Statute
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Texas Hair Bias Ruling Does Not Give Employers A Pass
A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Timing Is Key For Noninfringing Alternatives In Patent Cases
A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.