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April 11, 2025
Texas Justices Uphold City's Wastewater Release Permit
A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Hodges & Foty Attys Dissolve Houston Firm To End Spat
The co-founders and name partners of Houston law firm Hodges & Foty LLP have agreed to dissolve the firm and settle claims that arose as their partnership soured.
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April 11, 2025
Texas, Washington Immigration Firm Rivals Settle Suit
A Washington state-based immigration firm and a Texas rival have agreed to settle a trade secrets battle between them, telling a Houston federal court they've agreed to drop all the allegations in the case.
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April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
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April 11, 2025
Taxation With Representation: Norton Rose, Ropes & Gray
In this week's Taxation With Representation, Capri Holdings sells Versace to Prada, Woodside Energy sells a liquefied natural gas terminal stake to Stonepeak, crypto infrastructure firm Ripple acquires prime brokerage platform Hidden Road, and Bain Capital takes a stake in Lincoln Financial.
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April 10, 2025
Omni Hotel Underpaid Woman Due To Bias, Dallas Jury Hears
Counsel for a woman accusing Omni Hotels Management Corp. of gender discrimination told a federal jury in Dallas on Thursday that the company paid her less than her three male predecessors, capping off the woman's second attempt at getting a verdict to stick after the Fifth Circuit ordered a new trial.
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April 10, 2025
Vanda Sues FDA To Block Off-Label Use Drug Promo Regs
A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.
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April 10, 2025
Pharma Giants Sued Over Ex-Sanofi Drug Delivery Patents
Pharmaceutical companies Novo Nordisk, GSK, Bayer, Medtronic and Ypsomed have all been sued in the Eastern District of Texas over drug delivery patents that Auto Injection Technologies LLC acquired from Sanofi-Aventis in recent months.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
YouTuber Defends Calling Logan Paul Crypto Project A 'Scam'
A YouTuber who called social media personality Logan Paul's failed crypto project a "scam" objected to a magistrate judge's recommendation to keep Paul's defamation claims in play, arguing the word has no objective definition.
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April 10, 2025
Albright Sends VLSI-Intel Licensing Question To Trial
A Texas federal jury must determine whether VLSI Technology is controlled by Fortress Investment Group before a judge can then decide whether Intel Corp.'s license with a Fortress affiliate extends to VLSI's patents, U.S. District Judge Alan Albright ruled Thursday.
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April 10, 2025
Bill Aimed At Rulemaking Efficiency Headed To Abbott's Desk
A bill that would establish an office tasked with improving rulemaking efficiency among state agencies is headed to the Texas governor's office after passing both chambers of the Legislature.
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April 10, 2025
Texas Retailers Accused Of Rigging 2023 Lottery Jackpot
A Texas man has accused a group of companies of rigging the state's lottery system, telling a Travis County court this week that the alleged scheme reduced his winnings by $95 million.
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April 10, 2025
Texas Group Seeks Halt Of Trump Admin Border Cash Order
A Texas trade group has urged a federal judge to immediately block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying the order is unjustified and discriminates against businesses that serve predominately Latino immigrant communities.
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April 10, 2025
Man Admits To $12.5M PPE Investment Fraud
A California man pled guilty Thursday to defrauding investors of $12.5 million by telling them he had a business opportunity to manufacture personal protective equipment and to create an aerosol product that would kill the coronavirus, Texas federal prosecutors said.
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April 10, 2025
Judge Romance Fee Disputes Moved From Bankruptcy Court
A Texas federal district court agreed to preside over a suit brought by the U.S. Trustee's Office to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a one time-partner from the firm.
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April 10, 2025
Texas Supreme Court Justice Boyd To Retire
Texas Supreme Court Justice Jeff Boyd is leaving the court this summer after more than a decade of service and ahead of the expiration of his term.
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April 10, 2025
Fed. Circ. Refuses SAP's Bid To Transfer EDTX Patent Case
The Federal Circuit on Thursday shut down an attempt by major German software company SAP SE, which is represented by former U.S. Patent and Trademark Office Director Kathi Vidal, to transfer a patent infringement suit out of the Eastern District of Texas' Marshall division to the Sherman branch.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
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April 09, 2025
Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns
A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.
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April 09, 2025
Charter Confused Jurors In $1B Patent Feud, Gilstrap Told
A New York-based startup whose infringement case against Charter Communications was rejected by a federal jury in Marshall, Texas, last month now wants a new trial, telling U.S. District Judge Rodney Gilstrap that Charter deployed a "calculated plan to confuse the jury."
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April 09, 2025
Full Fed. Circ. Lets Stand Patent Tied To $400M Labcorp Loss
The full Federal Circuit on Wednesday rejected Labcorp's request for a review of a panel decision foiling its bid to challenge patent claims underpinning an infringement judgment against it that now totals $400 million.
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April 09, 2025
Susman Godfrey Latest BigLaw Firm Targeted In Trump Order
Susman Godfrey LLP became President Donald Trump's latest BigLaw target when he signed an executive order Wednesday revoking its access to government resources and buildings, a directive the firm immediately blasted as "unconstitutional" and vowed to fight.
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April 09, 2025
FDA: Pharmacies' Bid To Keep Making Eli Lilly Drug Is 'Absurd'
The U.S. Food and Drug Administration said it played by the book when it removed Eli Lilly & Co.'s lucrative weight loss drug from the shortage list and ended compounding pharmacies' right to make the drug, asking a Texas federal judge to grant judgment in the agency's favor.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Takeaways From Texas AG's Novel AI Health Settlement
The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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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.