Texas

  • March 04, 2024

    Relator Aims To Keep Steward Health Care Lawsuit Together

    A relator representing the U.S. government wants a Texas federal judge to keep its lawsuit against Steward Health Care System LLC intact, saying its allegations of the hospital system running a referral kickback scheme were sufficient to merit going forward with a trial in a response filed Friday.

  • March 04, 2024

    Ind. Man Found Guilty In Houston For Role In $7M Scam

    A federal jury in Houston found an Indianapolis man guilty Monday of money laundering and conspiracy to launder money for his role in a $7 million financial scheme that involved a network of individuals who impersonated bank employees.

  • March 04, 2024

    8 Banks Targeted In ATM Patent Campaign

    A patent-holding company has accused JPMorgan Chase Bank NA and other banks of infringing a pair of patents covering things like ATM circuitry memory.

  • March 04, 2024

    Barretts' Mediation Docs Not Open To Pfizer, Judge Says

    A Texas bankruptcy judge declined Monday to open the mediation in Barretts Minerals Inc.'s bankruptcy case to former owner Pfizer Inc., saying that he didn't want mediation participants to worry about every conversation they have.

  • March 04, 2024

    5th Circ. Says $100M Royalties Row Belongs In Fed. Court

    The Fifth Circuit has vacated a Texas federal court's remand of a $100 million suit in which a proposed class of mostly Texas property owners is accusing Devon Energy Production Co. of underpaying oil and gas royalties, ruling that the Class Action Fairness Act's "local controversy" exception does not apply.

  • March 04, 2024

    Sorrento Creditors Fight To Keep Ch. 11 In Texas

    Creditors for drug developer Sorrento Therapeutics Inc. have asked a Texas bankruptcy judge to keep the company's Chapter 11 case in the Lone Star State, saying the U.S. trustee's bid to move it comes too late and wouldn't help those hoping for recoveries.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap-down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Gilstrap Backs Trial In Samsung, Ex-Attys' Trade Secret Fight

    Chief U.S. District Judge Rodney Gilstrap has signed off on a magistrate judge's recommendation to send a Texas trade secrets fight between Samsung and two tech companies operated by former Samsung attorneys to court, denying bids for an early win brought by counterclaim defendants Staton Techiya and Synergy IP.

  • March 04, 2024

    Vista Outdoor Rejects $2B Takeover Bid From MNC Capital

    Vista Outdoor Inc. has rejected a $2 billion takeover bid from MNC Capital Partners LP, saying the proposal does not take into account increased earnings the company will see when it separates its outdoor and sporting goods divisions.

  • March 04, 2024

    5th Circ. Order May Let Migrant Arrest Law Take Effect

    The Fifth Circuit on Saturday stayed a federal judge's injunction on a Texas law that authorizes the arrest and deportation of migrants, but gave the Biden administration one week to convince the U.S. Supreme Court to consider the case.

  • March 04, 2024

    Justices Won't Review Concrete Co. Licensing Fight

    The U.S. Supreme Court on Monday turned away a petition arguing that state courts are "eroding" the rule requiring clear evidence that a party agreed to arbitrate a particular dispute, in a case centering on an arbitral award favoring a concrete company in a licensing feud.

  • March 01, 2024

    McDermott Investors' Cert. Bid Should Be Denied, Judge Says

    Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    LGBTQ+ Org. Seeks To Ward Off Paxton's Documents Demand

    An LGBTQ+ advocacy group has sued Texas Attorney General Ken Paxton and his office over a civil investigative demand for documents in connection with a state law banning gender-affirming care for transgender youths, saying the demand violates the organization's and its members' constitutional rights.

  • March 01, 2024

    Gilstrap Orders Damages Retrial To Avoid $67.5M 'Train Wreck'

    Chief U.S. District Judge Rodney Gilstrap ordered a damages retrial in infringement litigation between G+ Communications and Samsung on Friday, warning there would otherwise be a "guaranteed 'train wreck'" since both parties failed to explain what they believed the $67.5 million verdict means.

  • March 01, 2024

    Yelp Gets Anti-Abortion Center Disclaimer Suit Axed In Texas

    A Texas state judge has thrown out Texas Attorney General Ken Paxton's lawsuit alleging that Yelp misled customers about crisis pregnancy centers' limited services, agreeing with the online-rating company that the Lone Star State court doesn't have jurisdictional authority to decide the free-speech dispute, which is also being litigated in California.

  • March 01, 2024

    Plaintiffs Blast Prison Health Co.'s 'Potemkin Village' Case

    An attorney for plaintiffs seeking the dismissal of prison health care company Tehum Care Services Inc.'s "Texas Two-Step" bankruptcy case assailed on Friday what he called the "Potemkin village" nature of the debtor during the first day of a trial unfolding in Texas bankruptcy court.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    5th Circ. Accepts Miss. Medical Pot Co. Ad Ban Lawsuit

    A Mississippi medical marijuana dispensary is taking its fight to upend a state law banning medical cannabis advertising to the Fifth Circuit, asking the appeals court to review a federal judge's decision to toss its First Amendment claims.

  • March 01, 2024

    MNC Capital Enters Vista Outdoor Takeover Fray With $2B Bid

    MNC Capital Partners LP has submitted a proposal to acquire Vista Outdoor Inc. for $2 billion, despite Vista entering a merger agreement last year to be acquired by a different company, according to Friday statements.

  • March 01, 2024

    Energy Dept. Halts Crypto Mining Survey To End Industry Suit

    The crypto industry group challenging a U.S. Department of Energy survey on crypto mining has reached an agreement that will see the government offices destroy any data they've already collected and circulate the survey for comment from stakeholders — a step the crypto players say the government improperly bypassed the first time around.

  • March 01, 2024

    'Texas Heartbeat Act' Civil Enforcement Suit Can Proceed

    A Texas state appellate court sided with a woman weighing civil action against the Texas Equal Access Fund, saying Thursday that the recent "sea change" in abortion law doesn't upend the so-called Texas Heartbeat Act's enforcement mechanisms, and the woman has the right to determine whether she will sue the reproductive rights advocacy organization.

  • March 01, 2024

    Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit

    An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.

  • March 01, 2024

    Vidal Asked To Review PTAB Decisions In Semiconductor Fight

    A Dallas company called Greenthread LLC has asked the head of the U.S. Patent and Trademark Office to review decisions of the Patent Trial and Appeal Board allowing challenges to claims in a pair of its patents.

  • March 01, 2024

    DC Circ. Strikes Down Sentencing Add-On For Jan. 6 Rioter

    A former U.S. Air Force officer who participated in the storming of the Capitol on Jan. 6, 2021, has had his two-year prison sentence vacated, the D.C. Circuit ruled Friday, finding in a precedential ruling that rioters involved should not face an "administration of justice" enhancement because the process they disrupted was legislative, not judicial.

Expert Analysis

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Total Stay Of CFPB Small Biz Data Rule Is Boon To Lenders

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    The Southern District of Texas’ nationwide halt of the Consumer Financial Protection Bureau’s Small Business Lending Rule would end if the CFPB wins a pending U.S. Supreme Court case, but the interim pause allows valuable extra time for financial institutions to plan their compliance strategies, say attorneys at Greenberg Traurig.

  • Why The Effect Of Vivint Has Been Minimal

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    A survey of recent ex parte reexamination decisions since the Federal Circuit’s 2021 In re: Vivint decision appears to support the court’s conclusion that the ruling was limited in scope and would have limited impact, says Yao Wang at Fish & Richardson.

  • Opinion

    What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong

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    The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.

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