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Texas
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May 17, 2024
Texas Judge Denies SpaceX's Rethink Bid In Transfer Spat
A Texas federal judge won't reconsider his decision to transfer SpaceX's constitutional challenge to the National Labor Relations Board's structure to a California court, saying on Friday that the rocket company didn't give a "compelling reason" to rethink the ruling.
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May 17, 2024
5th Circ. Won't Rethink SXSW Ticket Coverage Ruling
The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.
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May 16, 2024
Buckle Up: CFPB's High Court Win Will Thaw Frozen Docket
The Consumer Financial Protection Bureau is walking away from the U.S. Supreme Court with its funding and rulebook intact, a victory that caps off years of constitutional wrangling over how the agency was set up and will usher in a wave of activity that has financial services attorneys bracing for impact.
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May 16, 2024
Texas Court Tosses $222M Verdict In Worker Burn Death Suit
A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.
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May 16, 2024
'Christian' Co. Scammed WWII Vet Out Of $300K, Feds Say
Five members of an Alabama-based self-described Christian company were indicted on conspiracy and fraud charges stemming from a scheme in which they allegedly took at least $300,000 from a World War II veteran after telling him the money would pay for a vocational school.
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May 16, 2024
Houston Hospital Must Face Patient's Improper Care Claims
A split Texas appellate court gave a patient a second shot at his lawsuit accusing Houston Methodist Hospital of botching his post-surgery care, finding Thursday that an expert report supporting the patient's allegations was adequate to survive a dismissal bid.
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May 16, 2024
FCC To Pull Phone Co.'s Authorization To Operate In US
The Federal Communications Commission said Thursday it plans to revoke a telecom company's authorization to operate in the U.S. after the business failed to comply with an agreement with federal agencies stemming from a security review.
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May 16, 2024
La. Parties Split On How Voting Law Alters Consent Decree
A civil rights group told the Fifth Circuit on Thursday that a Louisiana state law enacted two weeks before the court reconsidered whether to dissolve a 30-year-old voting consent decree was enough to end its dispute, but disagreed with the state over the dissolution process for the consent decree determining how the state's high court justices are chosen.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
Fracking Services Co. Nitro Hits Ch. 11 After IP Trial Loss
Oil and gas fracking services provider Nitro Fluids LLC filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt, months after a jury found it had infringed another company's patents.
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May 15, 2024
SolarWinds Says SEC's Cyber Breach Suit Goes Too Far
SolarWinds Corp. on Wednesday asked a Manhattan federal judge to throw out the U.S. Securities and Exchange Commission's suit accusing the enterprise software company of deceiving investors about its lax cybersecurity, which left it open to a Russian hacking campaign.
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May 15, 2024
Real Estate Seller Can't Show He Was Stiffed On Commission
A Texas appellate court ruled that a man claiming he was cheated out of a commission for assisting in a real estate sale didn't have enough to back up his claims, agreeing Tuesday that a lower court was correct in granting an early win to the property's seller.
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May 15, 2024
Texas Judge Won't Halt County's Electioneering Restrictions
Newly-crafted electioneering rules in Palo Pinto County, Texas, can stay in place as conservative activists pursue an interlocutory appeal of an order denying their motion to block the rules' implementation, a Texas federal judge has ruled.
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May 15, 2024
Noncompete Rule Challenge Gets More Backing
A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.
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May 15, 2024
MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize
The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.
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May 15, 2024
Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only
Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.
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May 15, 2024
Caltech Makes A Deal With Dell, Ending Another Patent Suit
The California Institute of Technology has reached a settlement in its patent lawsuit against Dell Technologies Inc., the latest deal the school has cut in suits over its data transmission patents in the years after its $1.1 billion verdict against Apple Inc. crashed at the Federal Circuit.
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May 15, 2024
House Dems Launch Task Force To Address High Court 'Crisis'
A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.
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May 15, 2024
Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing
The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
Hunton Taps Energy Regulatory Chair As Austin, Dallas Head
Hunton Andrews Kurth LLP has selected its national energy regulatory practice chair to lead two of its Texas offices, the firm announced Wednesday.
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May 15, 2024
Toss Of Bonus Bias Claim Too Short On Details, 5th Circ. Says
The Fifth Circuit has reinstated a Hispanic salesman's claim that he was denied $160,000 in bonuses by a construction contractor out of racial bias after he was fired, ruling the lower court didn't adequately explain why it nixed that allegation.
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May 14, 2024
5th Circ. Nixes Catholic Abuse Claimants' Ch. 11 Appeal
Sex abuse claimants removed from a Catholic archdiocese's bankruptcy unsecured creditors committee don't have grounds for an appeal because they couldn't show the removal was a sanction on them that cost the claimants anything, the Fifth Circuit said.
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May 14, 2024
DOJ Says Boeing Violated 737 Max Deferred Prosecution Deal
Boeing breached its deferred prosecution agreement with the U.S. Department of Justice stemming from the deadly 737 Max 8 crashes, but the government hasn't yet decided whether it will criminally prosecute the American aerospace giant for defrauding regulators, the DOJ said in a Texas federal court filing Tuesday.
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May 14, 2024
Apache Investors Get First OK On $65M Deal In Drilling Suit
A U.S. magistrate judge has given the first green light to a $65 million settlement resolving a lawsuit against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Black-Led VC Fund Case Could Hinge On Nature Of Grants
Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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What Businesses Should Know About NJ Privacy Bill
New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.