Texas

  • 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.

  • 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."

  • 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.

  • 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.

  • March 15, 2024

    Split Texas Justices Leave Contempt Charges Against Nate Paul

    The Texas Supreme Court on Friday declined to take up an appeal challenging criminal contempt charges against troubled real estate investor Nate Paul, with dissenting justices arguing that the court would "likely conclude" that Paul's due process rights were violated if it accepted the case.

  • March 15, 2024

    Divided 5th Circ. Rejects Atomic Waste Site Dispute Rehearing

    A narrowly divided Fifth Circuit has widened a circuit split by refusing to reconsider its ruling that U.S. nuclear energy regulators illegally approved an atomic waste site in West Texas, ruling the Lone Star State and mineral owners could challenge the decision without participating in the licensing process.

  • March 15, 2024

    Texas Justices To Review Tossed $22M Malpractice Verdict

    The Texas Supreme Court on Friday agreed to review a split appellate decision that tossed a real estate brokerage's $22 million malpractice award against a Dallas law firm after finding that improper jury instructions influenced the verdict.

  • March 15, 2024

    Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial

    Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.

  • March 15, 2024

    Texas Tamale Beats Cross-State Rival In Trademark Fight

    Over three years of legal delays and a tortured case that was "actually arguing mere descriptiveness under the guise of genericness" somehow failed to persuade a judge in Houston to unseat a trademark owned by a small company on the phrase "Texas Tamale."

  • March 15, 2024

    Vedder Price Adds Dorsey & Whitney Finance Pro In Dallas

    An experienced finance attorney has joined Vedder Price PC's Dallas office after spending seven years at Dorsey & Whitney LLP.

  • March 15, 2024

    Houston Judge Who Lost Primary Drops Election Challenge

    A Texas state judge in Houston's Harris County who lost his Democratic primary election on March 5 has dropped his lawsuit challenging his opponent's eligibility to take the bench.

  • March 15, 2024

    Marathon Digital Pays $87.3M For Bitcoin-Mining Data Center

    Bitcoin-mining company Marathon Digital Holdings Inc., advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Friday announced it is buying Lowenstein Sandler LLP-led Applied Digital Corp.'s bitcoin-mining data center in Texas for a net purchase price of $87.3 million.

  • March 15, 2024

    Off The Bench: QB 'Extortion,' Bears Bias Suit, Trans Athletes

    In this week's Off The Bench, Dallas Cowboys quarterback Dak Prescott claims a woman wants him to buy her silence about an alleged sexual assault, a man says the Chicago Bears denied him a job because he is white, and an inclusive roller derby team fights a county order denying facilities access to transgender girls and women.

  • March 15, 2024

    High Court Won't Intervene In West Texas Drag Show Dispute

    The U.S. Supreme Court declined Friday to force West Texas A&M University to let an LGBTQ student group host a charity drag show on campus while the group challenges the university president's decision to prohibit the event as unconstitutional. 

  • March 15, 2024

    Dykema Hires MehaffyWeber Shareholder In Houston

    Dykema Gossett PLLC has added a product liability attorney from MehaffyWeber who spent almost six years with the firm working on toxic torts, commercial litigation and a range of other liability issues, Dykema announced Thursday.

  • March 14, 2024

    17 Added To SEC's $300M Suit Alleging Crypto Ponzi Scheme

    The U.S. Securities and Exchange Commission on Thursday expanded its takedown of an alleged $300 million crypto Ponzi scheme with a suit against 17 individuals for their roles in a business that allegedly targeted Latino investors.

  • March 14, 2024

    Exxon Beats Insurers' Bid To Arbitrate Over MTBE Claims

    A Texas appeals court sided with Exxon Mobil Corp. in the energy giant's attempt to forestall arbitration with an insurer over claims and lawsuits over exposure to methyl tertiary-butyl ether, ruling Wednesday that the trial court was right not to compel arbitration.

  • March 14, 2024

    Texas Judge Boots PCAOB Constitutional Challenge To DC

    A Texas federal judge has stopped short of dismissing a lawsuit accusing the Public Company Accounting Oversight Board of operating unconstitutionally, instead sending the case to Washington, D.C., for further proceedings because the case has little to do with the Lone Star State.

  • March 14, 2024

    IP Forecast: Internet Archive Fights Vinyl Copyright Case

    A California federal judge will hear arguments next week over whether the Internet Archive can toss accusations from record labels that describe its project for a free, digitized library of 78 rpm records as a "wholesale theft of generations of music." Here's a look at that case, plus all the other major intellectual property matters on deck in the coming week.

  • March 14, 2024

    Dallas Hospital Says Woman Wasn't Fired For Blowing Whistle

    Methodist Hospital of Dallas says it didn't retaliate against an employee who accused the hospital of undercounting patients who acquired conditions while hospitalized, asking a federal judge Wednesday to rule that it followed the Texas Health and Safety Code.

  • March 14, 2024

    PE Firm Riverspan Agrees To Pay $32M For Barretts' Assets

    Barretts Minerals Inc. told a Texas bankruptcy court Thursday that a unit of private equity firm Riverspan Partners had won an auction for its assets with a $32 million cash offer, money that the talc-mining company intends to use to fund a settlement trust for alleged victims of asbestos exposure. 

  • March 14, 2024

    Potential Nine-Figure Deal Ends NXP, Impinj Chip Patent Row

    Rival chipmakers Impinj and NXP have agreed to settle multiple patent infringement suits between them following trial victories for Impinj, in a deal where Impinj said NXP will pay it more than $195 million if the license runs for its entire term.

  • March 14, 2024

    Judge's Loss In Primary Moots Ballot Contest, Court Told

    The winner of the Democratic nomination for a Harris County judgeship told a state court Wednesday that the current judge's lawsuit challenging her candidacy should be tossed, arguing he lost standing after he lost the March 5 primary.

  • March 14, 2024

    SEC Asks 5th Circ. To Hold Off On Climate Reg Ruling

    The U.S. Securities and Exchange Commission said it was too early for the Fifth Circuit to delay the implementation of freshly adopted emissions reporting requirements given that those requirements don't go into effect for another two years, offering the first glimpse of possible defenses it could use as it attempts to fend off lawsuits challenging the rules.

  • March 14, 2024

    Chancery Concedes Appraisal Math Error In HBK Share Award

    Delaware's Court of Chancery has issued a rare post-merger appraisal ruling correction, adding $6.1 million to an earlier post-deal valuation of Pivotal Software Inc. shares held by two HBK Capital Management affiliates at the time of Pivotal's $2.7 billion sale to VMWare Inc. in 2019.

Expert Analysis

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Opinion

    J&J Bankruptcy Could Thwart Accountability For Victims

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    Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • Texas Ruling Clarifies That Bankruptcy Shields LLC Rights

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    A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

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