Texas

  • March 05, 2024

    DC Circ. Leery Of Challenges To Nuke Waste Storage Site

    A D.C. Circuit panel on Tuesday didn't appear convinced by challenges to the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.

  • March 05, 2024

    Philly, Dallas Feds Name New Top Attys

    The Federal Reserve Bank of Philadelphia on Tuesday announced it has promoted its deputy general counsel to senior vice president and general counsel, following a similar announcement from the Federal Reserve Bank of Dallas about its former interim general counsel.

  • March 05, 2024

    Look At Settlement, Atty Tells 5th Circ. In Arguing For $1M Cut

    The attorney representing a KBR Inc. whistleblower countered the federal government's assertion that his client should not benefit from a $13.7 million settlement stemming from kickback allegations, telling the Fifth Circuit on Tuesday to look at the deal's terms.

  • March 05, 2024

    UPS, AT&T Can't Avoid ESG Proxy Proposals, But BofA Can

    U.S. Securities and Exchange Commission staff have indicated they won't let UPS and AT&T get out of including shareholder proposals on environmental and social matters from their upcoming proxy statements, while letting Bank of America exclude two ESG-related proposals.

  • March 05, 2024

    IPwe Seeks Ch. 7 Liquidation After Ch. 11 Financing Loss

    Patent trading platform operator IPwe asked a Delaware bankruptcy judge Tuesday to convert its Chapter 11 reorganization to a Chapter 7 liquidation, saying it has lost its source of bankruptcy funding and has no way to continue with its planned going-concern sale.

  • March 05, 2024

    Texas Court Clears Gun Dealer In Suit Over Woman's Suicide

    A suit accusing sporting goods giant Academy Sports + Outdoor of negligently selling a handgun to a woman who used it to kill herself was properly dismissed, a Texas appeals court ruled Tuesday, saying that because the company's sale was lawful it can't be blamed for her death.

  • March 05, 2024

    Split 5th Circ. Axes SpaceX Bid To Keep NLRB Suit In Texas

    SpaceX's challenge to the constitutionality of the National Labor Relations Board's structure should play out in California, a majority Fifth Circuit panel ruled Tuesday, denying the company's bid to station the lawsuit where it was originally filed in Texas but refraining from issuing a mandate.

  • March 05, 2024

    5th Circ. Judge Slams SEC's 'Loosey-Goosey' Proxy Rules

    The Fifth Circuit heard arguments Tuesday in a case that could shape the future of the U.S. Securities and Exchange Commission's process for assessing requests to block certain shareholder proposals from proxy materials, with one judge casting doubt on the agency's argument that conservative Kroger Co. investors should sue the company directly if they are unhappy with attempts to block them from the corporate ballot.

  • March 05, 2024

    Robertshaw's Ch. 11 Sale Plan Panned As 'Blatant Favoritism'

    Asset manager Invesco asked a Texas bankruptcy judge to block appliance parts maker Robertshaw US Holding Corp.'s proposed bidding procedures for a Chapter 11 sale, calling the debtors' agreement with a lender group and its equity sponsor "blatant favoritism."

  • March 05, 2024

    Callon Sued Over Disclosures Prior To $4.5B APA Deal

    A Callon Petroleum Company shareholder has alleged in a proposed class action in Delaware Chancery Court that the company breached its fiduciary duties in connection with a pending $4.5 billion acquisition by APA Corp. by not fully disclosing the details of another proposal.

  • March 05, 2024

    Paxton Rips 'Hurt Feelings' Bid To Keep Firing Suit Alive

    In a bid to skirt depositions by Texas Attorney General Ken Paxton and several high-ranking staffers, the Office of the Attorney General has argued that whistleblowers who accused Paxton of firing them for reporting alleged misconduct are not entitled to conduct more investigation because he has already agreed not to contest the allegations.

  • March 05, 2024

    FERC LNG Approvals Flout Court's Orders, DC Circ. Told

    Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.

  • March 05, 2024

    Cokinos Young Wants Texas BBQ Property Suit Tossed

    Cokinos Young PC has asked a Texas state court to toss one plaintiff from a malpractice suit alleging the firm and one of its attorneys misrepresented a barbecue restaurant's founder in a property deal, further contending that the rest of the claims should head to arbitration.

  • March 04, 2024

    DLA Piper Snags Temporary Block Of Docs Order In Sale Spat

    A Texas appellate court has agreed to block a trial court's order that would have forced DLA Piper to hand over communications with a medical group it represented in a sale, tentatively finding the firm will either prevail in its challenge or that a "serious question" requires further consideration.

  • March 04, 2024

    Texas Courts Must Clarify Vague Rules On Stays, Experts Say

    The recent rise in emergency constitutional litigation in Texas has shined a spotlight on the administrative stay, a legal tool in the state and federal appellate system that experts told Law360 requires more careful attention from the judiciary after pauses meant to be brief have dragged important cases to a halt.

  • March 04, 2024

    Banks Say CFPB's Small-Biz Lending Rule Is Gov't 'Run Amok'

    Bank trade groups have urged a Texas federal judge to strike down the Consumer Financial Protection Bureau's small-business lending data rule as "government run amok," arguing it is a multibillion-dollar boondoggle that exceeds the agency's authority.

  • March 04, 2024

    CFTC Pushes Back On 5th Circ. Order In Election Betting Case

    The U.S. Commodity Futures Trading Commission urged a D.C. federal judge on Sunday to not immediately return the agency's legal showdown against election betting platform PredictIt to Texas, despite a Fifth Circuit ruling that slammed the CFTC's decision to transfer the suit to the nation's capital in the first place.

  • March 04, 2024

    Amazon Can't Duck E-Book Antitrust Suit But Publishers Can

    A New York federal court has let the country's five largest book publishers escape claims from consumers that they worked with Amazon to drive up the prices of e-books, but the court refused to cut claims accusing Amazon of monopolizing the market.

  • March 04, 2024

    Pot User Cites Bruen In Bid To Escape Gun Charge Indictment

    A man who police say fired a shotgun at his neighbor's front door is looking to evade criminal charges related to having and transferring a gun while using marijuana, filing a dismissal bid to the same judge who declared identical charges levied on the defendant's wife unconstitutional.

  • March 04, 2024

    Alito Delays 5th Circ. Order On Texas' Migrant Arrest Law

    The U.S. Supreme Court on Monday delayed a Fifth Circuit order that would have allowed a Texas law authorizing the arrest and removal of migrants to take effect on March 10, giving the state three additional days to fight the Biden administration's bid to block the law.

  • March 04, 2024

    Ex-Google Employee Says Sanctions Bid Is Just Spiteful

    A former Google LLC employee who accuses the tech giant of age and gender discrimination told a Texas federal judge Friday his former employer filed a cross-motion for sanctions out of spite and was pursuing sanctions for purely tactical reasons.

  • March 04, 2024

    Atty For Alex Jones' Infowars Asks Court's Permission To Quit

    The head lawyer for conspiracy theorist Alex Jones' Infowars radio show production company has urged a Texas bankruptcy judge to let him quit his work on the Chapter 11 case, saying Free Speech Systems' chief restructuring officer has withheld his pay in retaliation for disputes between the two professionals.

  • March 04, 2024

    5th Circ. May Uphold National Block On ACA Preventive Care

    The Fifth Circuit appeared open Monday to striking down Affordable Care Act requirements forcing insurers to cover a range of preventive treatments such as mammograms and HIV prevention medication, homing in on constitutional problems with how members of a task force setting coverage mandates were appointed.

  • March 04, 2024

    5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated

    A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.

  • March 04, 2024

    Hospital Operator Pushes For Ch. 11 Plan Confirmation

    California-based hospital operator Alecto Healthcare Services LLC defended its Chapter 11 plan proposal Monday in Delaware bankruptcy court, saying opposition from creditors is based on a faulty belief that there are valuable claims that can be asserted for the benefit of creditors.

Expert Analysis

  • Lessons From DOJ's Wave Of Labor Market Prosecutions

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    Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.

  • New Texas Funds For Water And Power Projects: Key Points

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    Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1 Year In, Money Laundering Law Tweak May Have Big Impact

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    Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

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