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Texas
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March 18, 2024
Provider To Pay $100K Fine For 'Downselling' Broadband
A fiber broadband provider in Texas and Louisiana has agreed to pay a $100,000 fine to the Federal Communications Commission for selling only its slowest service plan to customers in the Affordable Connectivity Program.
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March 18, 2024
Fed. Circ. Won't Order Albright To Ship Apple IP Case To Calif.
The Federal Circuit on Monday denied an appeal from Apple Inc. of a decision denying its bid to move an infringement suit over authentication and fraud reduction patents from Texas federal court to California.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Vidal Tells PTAB To Try Defining 'Biometric Signal' Again
The head of the U.S. Patent and Trademark Office has thrown out decisions from the Patent Trial and Trademark Board that found Assa Abloy was unable to show two biometric patents were unpatentable, saying the PTAB used a definition of a critical term that wasn't proposed by Assa Abloy or the patent owner.
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March 18, 2024
Energy Co. Exec Cops To $5.5M Commodity Kickback Scheme
A former president of a Texas energy company has pled guilty to fraudulently trading natural gas futures contracts and receiving $5.5 million in illegal kickbacks for the associated trades, the U.S. Department of Justice has said.
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March 18, 2024
Justice Alito Blocks Texas' Migrant Arrest Law Indefinitely
U.S. Supreme Court Justice Samuel Alito on Monday once again prevented Texas from implementing a new law allowing state officials to arrest and deport migrants, issuing an order that will keep the law on ice until the court rules further.
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March 18, 2024
Voyager Investors Suing Mark Cuban Seek Class Cert.
Investors suing billionaire Mark Cuban over his role in promoting now-bankrupt Voyager Digital Ltd. pushed for class certification on Friday and urged the court to rule Voyager was selling unregistered securities.
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March 18, 2024
Texas Judges Pause Wireless Patent Fights For PTAB
The top two federal judges in Texas handling patent cases have agreed to hold litigation between two automotive brands and a prolific litigation outfit after BMW persuaded the patent board to review "every single claim" involved in litigation over decade-old wireless patents.
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March 18, 2024
High Court Doubts Feds Coerced Social Media Cos.
A majority of the U.S. Supreme Court appeared unconvinced Monday that the Biden administration violated the First Amendment by working with social media platforms to combat the spread of misinformation, often chiding Louisiana's solicitor general for presenting confusing and overly expansive arguments.
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March 18, 2024
Kimberly-Clark Gets OK For $6M Deal Over Tainted Wipes
A Texas federal court has granted final approval to a deal worth as much as $17 million — with $3.6 million going to plaintiff attorney fees — that would resolve claims that paper products manufacturer Kimberly-Clark sold flushable wipes contaminated with a bacteria particularly dangerous to those with weak immune systems.
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March 18, 2024
Latham-Led Talos Sells Carbon Capture Co. In $148M Deal
Talos Energy, represented by Latham & Watkins LLP, announced Monday it sold its entire carbon capture and sequestration business to a U.S.-based subsidiary of French multinational TotalEnergies for $148 million, citing plans to use the proceeds for loan repayment and general corporate purposes.
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March 18, 2024
Kirkland Wants To Escape Suit Over Ex-Judge's Relationship
Kirkland & Ellis LLP wants to bring down the hammer on a racketeering lawsuit claiming the firm "conspired" to profit from a Texas bankruptcy judge's secret romance scandal, saying the "flimsy" suit should be dismissed, and both the plaintiff and his attorneys at Bandas Law Firm PC should be sanctioned for filing it.
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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.
Expert Analysis
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Takeaways From EPA's New Methane Emission Rules
Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.
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Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment
A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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What Workplace Violence Law Means For Texas Healthcare
While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.