Texas

  • September 20, 2024

    Federal Judges In Texas, Louisiana Taking Senior Status

    U.S. District Judge Lee H. Rosenthal of the Southern District of Texas and U.S. District Judge Lance Africk of the Eastern District of Louisiana announced this week that they are taking senior status in the coming months.

  • September 20, 2024

    DOE Picks 25 Battery Projects For $3B Of Awards

    The U.S. Department of Energy on Friday said it has selected 25 projects across 14 states for negotiations for $3 billion of federal funding aimed at boosting the domestic production and recycling of batteries and key materials.

  • September 20, 2024

    IRS Must Credit Overpayments, Couple Tell 5th Circ.

    A couple claiming they should be allowed to sue the IRS for a roughly $500,000 tax refund in federal court because they overpaid their taxes told the Fifth Circuit that the agency is out of time to challenge their overpayments and must credit their account.

  • September 20, 2024

    Texas Powerhouse: Baker Botts

    Baker Botts LLP's deep Texas roots allowed it to secure impressive courtroom and transactional wins over the last year, including successfully fighting off a more than $100 million trade secrets case against a Houston-based energy technology company and landing billions of dollars in transactional deals across the corporate and tax sectors.

  • September 19, 2024

    Texas Med Mal Law Axes Crash Suit Against Ambulance Driver

    A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.

  • September 19, 2024

    Texas Judge Tosses Crypto Co.'s SEC Challenge As 'Unripe'

    A Texas federal judge found Thursday that blockchain firm Consensys can't sue the U.S. Securities and Exchange Commission for a determination that its MetaMask software doesn't offend securities laws because the agency's threat of enforcement and subsequent suit aren't final actions the court can review.

  • September 19, 2024

    Paxton Sues Harris County To Stop New Income Program

    Texas Attorney General Ken Paxton slapped Harris County with a petition Thursday, accusing the county of violating the state constitution by proceeding with its "guaranteed income" program despite having the initial version halted by the Texas Supreme Court in parallel litigation.

  • September 19, 2024

    Texas Judge Seeks More Info In $150M Ukrnafta Award Feud

    A Texas magistrate judge on Thursday ordered Ukraine's largest oil company to turn over bank statements as he grapples with a bid by U.S.-based Carpatsky Petroleum Corp. to bar the Ukrainian company from draining those accounts, part of Carpatsky's long-running effort to enforce a $150 million arbitral award.

  • September 19, 2024

    Dallas Judge's Ruling Leaves State Fair Gun Ban Intact

    A Dallas County judge upheld in a Thursday ruling the State Fair of Texas's new rule banning handguns on its premises, rejecting an injunction attempt that would have struck down the rule on the grounds that the fair takes place on government property.

  • September 19, 2024

    GAO Says ICE Wrongly Excluded Co. Over Registration Lapse

    The U.S. Government Accountability Office has backed a protest from a company that lost a U.S. Immigration and Customs Enforcement medical services task order over a temporary federal database registration lapse, saying ICE had not mandated continuous registration.

  • September 19, 2024

    Union Pacific Contractors Again Escape Texas Enviro Claims

    A Texas appeals court on Thursday affirmed a trial court's decision to dismiss without prejudice the claims scores of people lodged against two Union Pacific Railroad Co. contractors in their litigation over cancer-causing contamination related to a Houston rail yard.

  • September 19, 2024

    Senate Panel Holds Steward CEO In Contempt After No-Show

    A U.S. Senate committee voted unanimously Thursday to hold Steward Health Care CEO Ralph de la Torre in civil and criminal contempt after he defied a subpoena to testify about the bankrupt health system's downfall.

  • September 19, 2024

    5th Circ. Says Deported Honduran Wrongly Deemed A Felon

    The Fifth Circuit has vacated the removal order of a Honduran woman charged as an accessory to an armed robbery, finding that the Louisiana statute she was deported under for an aggravated felony doesn't align with the federal definition of the removable offense of obstruction of justice.

  • September 19, 2024

    Judge Gives Dow Jones Win In Article Thievery Case

    A Texas federal judge has handed a win to publisher Dow Jones & Co. in a copyright infringement suit accusing an investment manager of wrongfully copying and distributing thousands of news articles from The Wall Street Journal.

  • September 19, 2024

    FERC Must Heed DC Circ. 'Shift' On Gas Reviews, Chair Says

    Federal Energy Regulatory Commission Chairman Willie Phillips said Thursday that the D.C. Circuit wrongly wiped out the agency's approval of a Northeast pipeline expansion project, but acknowledged that recent court decisions will force FERC to rethink how it reviews gas infrastructure projects.

  • September 19, 2024

    Dish Concocted Issues To Escape $10M Contract, Suit Says

    A company contracted by two Dish Network units to build cabinets for the telecom company's equipment says Dish manufactured problems with the cabinets in an attempt to escape the $10 million contract, according to a Colorado federal complaint seeking damages over the scuttled deal.

  • September 19, 2024

    BakerHostetler Adds Ex-Baker Botts Accident Response Duo

    Months after hiring former Baker Botts attorney Greg Dillard to lead its catastrophic accident response team, BakerHostetler has announced the hire of two more attorneys from the firm as counsel in Washington, D.C., and Houston.

  • September 19, 2024

    Filing After Bar Lapse Was Honest Mistake, Prosecutor Says

    A Texas surgeon facing criminal charges for giving patient data to a media outlet regarding gender-affirming care provided to minors accused the government's lead prosecutor of taking the case while she had a suspended law license, a blunder the attorney called an unintentional error on Thursday.

  • September 19, 2024

    Texas Powerhouse: Beck Redden

    Beck Redden LLP has a powerful presence across all Texas courts, as demonstrated by its successful representation of Southwest Airlines in a pivotal case involving cyber insurance at the Fifth Circuit, and its ability to secure summary judgment for an ExxonMobil subsidiary in a breach-of-contract suit before the Southern District of Texas.

  • September 19, 2024

    3 Firms Lead Vistra's $3B Buy Of Leftover Stake In Nuclear Biz

    Retail electricity and power generation company Vistra Corp. has agreed to acquire the remaining 15% equity stake in its subsidiary Vistra Vision LLC, which owns nuclear generation facilities, from minority investors Nuveen Asset Management LLC and Avenue Capital Management II LP in a deal valued at more than $3 billion and built by three law firms.

  • September 18, 2024

    Waste Mgmt. Sued For $3.8M Over Renewable Energy Credits

    A Constellation Energy Corp. unit slapped Waste Management Inc. with a complaint in Texas federal court on Tuesday, saying the company has refused to cough up more than $3.8 million for renewable energy credits Constellation paid for but never received.

  • September 18, 2024

    Split 5th Circ. Upholds Oxy's $38M Win Over Wells Fargo Bank

    A split Fifth Circuit panel upheld a $38 million judgment against Wells Fargo in a published opinion Wednesday, affirming that the bank breached its trustee duties by failing to timely sell Occidental Petroleum Corp. stock and is judicially estopped from arguing that the trust agreement was not a contract.

  • September 18, 2024

    Native, Black Groups Ask To Intervene In Voter Rights Suit

    Several nonprofit groups supporting Native American and Black voters have joined to intervene in a conservative think tank's lawsuit in Texas federal court that looks to stop a Biden administration executive order promoting easier access to voting.

  • September 18, 2024

    Elon Musk Says He'll Sue FAA Over 'Political' SpaceX Fines

    Tech billionaire Elon Musk says he'll be suing the Federal Aviation Administration after learning that the agency plans to slap his space company with $633,000 in fines for not following licensing requirements during two launches, calling the proposed penalties "politically-motivated."

  • September 18, 2024

    5th Circ. Favors Excess Insurer In Marina Coverage Dispute

    The Fifth Circuit upheld a ruling in an inter-insurer dispute over coverage responsibilities of a $13.7 million judgment entered against their mutual client, holding Wednesday that while the excess insurer breached its duties, the primary insurer bears the larger financial burden because it failed to properly settle the underlying dispute.

Expert Analysis

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    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.

  • What VC Fund Settlement Means For DEI Grant Programs

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    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.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    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.

  • Nuclear Waste Storage Questions Justices May Soon Address

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    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.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    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.

  • DOJ Must Overcome Hurdles In RealPage Antitrust Case

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    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.

  • How Methods Are Evolving In Textualist Interpretations

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    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.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    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.

  • The State Law Landscape After Justices' Social Media Ruling

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    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.

  • What's Next For Federal Preemption In Financial Services

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    The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

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