Texas

  • August 30, 2024

    Real Estate Recap: RealPage, Vacancies, New Construction

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.

  • August 30, 2024

    Cable Cos. Seek Latitude To Define BEAD Service Areas

    If Texas wants to make the most of its $3.3 billion in Broadband Equity, Access and Deployment program money, it should allow participants the latitude to craft their own project areas when deciding which locations to build broadband infrastructure for, a major cable trade group told the state's broadband office.

  • August 30, 2024

    5th Circ. Rejects SEC Whistleblower Award Calculation Appeal

    The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.

  • August 30, 2024

    Cisco Hit With $65.7M Verdict For Infringing Paltalk Patent

    A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.

  • August 30, 2024

    Steward Says It Has Deal To Avert Some Hospital Closures

    Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.

  • August 30, 2024

    Hotel Chains, Software Co. Fight Algorithmic Pricing Suit

    Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.

  • August 30, 2024

    Texas Justices Won't Hear Truck Co.'s $1M Tax Exemption Bid

    The Texas Supreme Court on Friday denied a freight transportation company's request for the justices to consider whether the company is exempt from state franchise tax and owed a roughly $1 million refund.

  • August 30, 2024

    Midyear Report: Texas Legislation To Watch Ahead Of 2025

    Texas lawmakers are scheduled to convene in January, and both the Texas House and Senate are already busy preparing to introduce new legislation.

  • August 30, 2024

    Favre Cites Palin-NYT In Push To Reverse Defamation Ruling

    Attorneys for former NFL quarterback Brett Favre asked the Fifth Circuit to consider a recent ruling granting Sarah Palin a new libel trial against the New York Times when it considers reviving his case against fellow NFL great turned sports pundit Shannon Sharpe.

  • August 30, 2024

    Marketing Company Fights Texas Firm's Deception Claims

    An Oklahoma City legal marketing company has acknowledged in a court filing that it uses trademarks associated with a Texas lawyer in its online keyword advertising, but it said the practice is lawful and that the Texas lawyer waited too long to complain and hasn't shown actual harm from it.

  • August 30, 2024

    Colorado Pipeline Co. Fights $312M Property Valuation

    A Colorado-based pipeline company said the state's Division of Property Taxation wrongly assessed its property at $312 million for tax year 2024, an increase of about $140 million from last year, in a complaint filed in state district court.

  • August 30, 2024

    Paxton Follows Through On Suit Over State Fair Firearms Ban

    Texas Attorney General Ken Paxton has followed through on his threat to sue the State Fair of Texas if it didn't retract its no firearms policy, telling a Dallas County court that the exclusion of handguns from the annual event is illegal.

  • August 30, 2024

    Off The Bench: NFL Lets PE In, Ex-NBA Pro Denies Agent Deal

    In this week’s Off The Bench, the NFL shakes up its ownership rules and joins the rest of the pro sports world, while a former NBA player says his agency is trying to cling to him after he moved on. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 30, 2024

    Inaccurate TransUnion Report Ended Job Chances, Suit Says

    A TransUnion unit that sells background checks was hit with a federal lawsuit in Texas accusing it of wrecking an applicant's employment prospects at Chick-fil-A by incorrectly reporting he had misdemeanor convictions for cannabis possession.

  • August 30, 2024

    Texas Lawyers Can Get Paid By Non-Attys For Presentations

    Texas lawyers may accept payments from nonlawyer third-party companies for creating educational materials on general legal topics that don't constitute legal advice, according to a new ethics opinion from the Texas Bar's Professional Ethics Committee.

  • August 30, 2024

    What Attorneys Need To Know About New Texas Biz Court

    A new era of business litigation has begun in the Lone Star State. Here's what you need to know about the new Texas Business Court.

  • August 29, 2024

    Doctor Wants Stepson Barred From Selling Medial Device

    A Texas doctor has asked a federal court to step in and stop his stepson from selling "micro-current therapy medical devices," saying in a motion this week that his stepson was still using his trademarks despite the fact that he had canceled his license.

  • August 29, 2024

    Gov't Claims Title 42 Suit Is Nullified By End Of Program

    A D.C. federal judge on Thursday questioned government arguments that a proposed class of Haitian migrants' claims were moot in their challenge to the now-unenforceable Title 42 expulsion program for migrants from areas troubled by communicable disease, while wondering whether an immigration advocacy group plaintiff actually had standing.

  • August 29, 2024

    Texas' Anti-ESG Law Is Unconstitutional, Green Biz Org Says

    A sustainability-focused business group on Thursday sued Texas state officials in federal court seeking to block a law that restricts state investments with financial firms and businesses that want to reduce their reliance on fossil fuels.

  • August 29, 2024

    SEC Slams Crypto Co.'s Bid To Curb Its Enforcement Powers

    The U.S. Securities and Exchange Commission has moved to rid itself of a lawsuit that aims to limit its ability to oversee the crypto industry, telling a Texas federal judge that there is no evidence that the agency's staff was even aware of the startup that is suing to head off a non-existent enforcement action.

  • August 29, 2024

    Samsung Nabs Costs After Beating Staton Techiya IP Case

    A Texas federal judge on Thursday awarded Samsung $108,674 in court costs stemming from a patent infringement suit filed by the company's former in-house patent attorneys — a case he tossed earlier this year based on unclean hands — and asked for more information on costs still in dispute.

  • August 29, 2024

    Show Your Work, 5th Circ. Tells Judge In Banks' Subpoena Fight

    The Fifth Circuit has vacated a Texas federal court decision denying a businessman's bid to quash a subpoena requested by two financial institutions looking for evidence in a Mexican fraud case, sending the case back to the lower court to explain its reasoning for the denial.

  • August 29, 2024

    Judiciary Group Urged To Table 'Mega' Bankruptcy Panel Ban

    A subcommittee urged the Judicial Conference's bankruptcy rule advisory committee to hold off on considering a ban on so-called mega bankruptcy panels at an upcoming meeting, saying a different committee's work overlaps with a rule proposed to curb the controversial practice.

  • August 29, 2024

    Panel Tosses Insurer Dispute Over Drowning Death Coverage

    It's too early to determine whether Farmers Insurance Exchange and Cincinnati Insurance Co. must both provide excess coverage to a property manager facing potential liability for a drowning, a Texas state appeals court ruled Thursday, finding the court lacks subject matter jurisdiction.

  • August 29, 2024

    GAO Backs VA Cancellation Of Air-Unit Installation Deal

    The U.S. Government Accountability Office is supporting the Department of Veterans Affairs' decision to cancel a solicitation that lacked proper instructions to bidders, thereby denying a protest from a Maryland business that had its contract canceled.

Expert Analysis

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • What To Know As CFPB Late Fee Rule Hangs In Limbo

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    Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

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    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

  • Opinion

    The FTC And DOJ Should Backtrack On RealPage

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    The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 5th Circ. Venue-Transfer Cases Highlight Mandamus Limits

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    Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

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