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April 08, 2024
Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row
Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.
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April 08, 2024
Farmers Want USDA Barred From 'Discriminatory' Aid Choices
A group of Texas farmers asked a federal judge to bar the U.S. Department of Agriculture from prioritizing minority groups as a part of a distribution scheme for the agency's disaster assistance and pandemic relief programs, saying the programs continue to cause harm to them and the public.
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April 08, 2024
DC Judge Urged To Let GOP States Try To Save Asylum Limits
A coalition of 20 Republican state attorneys general is urging a D.C. federal judge to allow five additional states to intervene in a lawsuit to defend the Biden administration's rule limiting asylum amid settlement talks to resolve the litigation.
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April 08, 2024
Immigrant Children Settle ICE Border Separation Claims
Three immigrant children separated from their parents at the U.S.-Mexico border in 2018 have settled their lawsuit seeking compensation from the U.S. government for the trauma they endured in federal detention, according to a court filing.
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April 08, 2024
Seyfarth Bolsters Dallas Shop With Hunton Employment Ace
Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.
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April 08, 2024
Mo. Atty Loses Last-Ditch Bid To Dodge NC Tax Fraud Trial
A St. Louis attorney lost a last-minute attempt to escape his upcoming tax fraud trial based on claims that the prosecution was never properly authorized, with a North Carolina federal judge finding that the government did mislead the court but nonetheless had the right stamp of approval.
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April 08, 2024
Male Worker Says Female Colleague's Grudge Got Him Fired
A financial services firm abruptly fired a sales producer without any investigation after a female colleague who wanted him gone made false accusations about him, the producer said in a suit filed in Texas federal court.
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April 08, 2024
Kirkland-Led Vista Buying Medtech Co. 'Model N' For $1.25B
Kirkland & Ellis LLP-led Vista Equity Partners has agreed to buy Fenwick & West LLP-advised Model N, a provider of revenue optimization and compliance tools for healthcare tech companies, in a take-private transaction valued at approximately $1.25 billion, the companies said Monday.
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April 05, 2024
Real Estate Authority: Proxy Fights, EV Effect, CBRE Forecast
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the proxy fights in store for 2024, the impact of electric vehicles on development and predictions from CBRE Group Inc.'s global chief economist.
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April 05, 2024
'Take The Win,' Judge Tells Texas In HHS Abortion Pill Suit
Texas' lawsuit challenging the Biden administration's guidance to require pharmacies to dispense abortion medication is moot following revised U.S. Department of Health and Human Services guidance clarifying that access to the drug isn't for abortion purposes, a federal judge ruled Friday, saying the state "should take the win."
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April 05, 2024
Exxon Mobil Asks Court To Keep Certain Files From Investors
Exxon Mobil Corp. and its officers say that the plaintiffs in a proposed shareholder class action have demanded a substantial trove of documents that goes beyond what's typical in class certification discovery, asking a Texas federal judge to issue a protective order against the proposed production Thursday.
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April 05, 2024
Texas Justices Reinstate Defense Verdict In Store Fall Suit
The Texas Supreme Court on Friday reversed a lower appellate court's decision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.
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April 05, 2024
5th Circ. Blocks Biden Admin's Predatory College Loan Rule
The Fifth Circuit has ordered a preliminary injunction blocking the Biden administration's changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions, finding that the plaintiff representing for-profit colleges demonstrated a likelihood of suffering irreparable harm without the injunction.
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April 05, 2024
Texas Univ. Coach Says Sexual Orientation Led To Firing
A University of Texas at Rio Grande Valley assistant tennis coach has accused the school in federal court of letting her go after a "sham investigation" because she is gay.
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April 05, 2024
Texas Appeals Court Reverses IT Consulting Worker Spat
A Texas appeals court revived a suit brought by an information technology consulting company against its former worker, ruling that the company had shown enough evidence to go forward with the case and the trial court abused its discretion in granting a no-evidence summary judgment motion.
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April 05, 2024
Arkema Hit Again With Suit By Residents Over Texas Chemical Fire
Hundreds of Texas residents near an Arkema Inc. chemical plant have accused the company in state court of exposing them to toxic fire during a hurricane almost seven years ago, in a suit filed just months after a federal court approved a multimillion-dollar deal to settle similar allegations.
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April 05, 2024
Texas Man Gets 7 Years For COVID Testing Fraud
A Texas man was sentenced to seven years in prison and ordered to pay more than $7 million in restitution for colluding with three co-conspirators to conduct a COVID-19 testing scheme, the U.S. Department of Justice announced Thursday.
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April 05, 2024
5th Circ. Reels Back Banks' Late-Fee Rule Suit To Texas
The Fifth Circuit on Friday ordered a return to Texas for a bank industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late fee standard, throwing out a Texas federal judge's decision to send the case to D.C. federal court.
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April 05, 2024
Live Nation CEO Must Sit For Depo In Astroworld MDL
The Texas state court judge overseeing the multidistrict litigation created to handle Astroworld litigation said that Live Nation's CEO and president must sit for a deposition, writing that he has "personal and direct knowledge" of information that can't be obtained elsewhere.
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April 05, 2024
SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling
The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.
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April 05, 2024
5th Circ. Won't Revive Michaels Fall Case After Footage Row
Craft supply store Michaels will not need to face a customer's slip-and-fall lawsuit after a Fifth Circuit Court of Appeals panel ruled Thursday that the customer was unable to prove how long a floor at a Slidell, La., location had been wet before the slip occurred.
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April 05, 2024
Contractor Settles Naturalized Citizen's Hiring Bias Claims
A federal contractor settled claims that it slammed the brakes on hiring a naturalized citizen after finding out that she was not born in the U.S., the U.S. Department of Justice said.
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April 05, 2024
Texas Justices Reverse Course In Atty Sex Tape Dispute
The state's high court on Friday backpedaled on an earlier decision declining to intervene in a dispute between a woman and a Houston attorney she is suing over a video she says may contain child sexual abuse, agreeing to rehear her bid for relief from a court order governing the video.
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April 05, 2024
Beck Redden Beats Disbarred Atty's Texas Malpractice Suit
A Texas federal judge granted Beck Redden LLP's request to end a malpractice suit against it from a disbarred attorney and former firm client who alleged the firm waived his right to a jury trial.
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April 05, 2024
5th Circ. Won't Touch Texas Oil Export Terminal License
The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.
Expert Analysis
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Micromobility Can Lead To Macro Liability For Cities, Cos.
E-bike and scooter manufacturers and rental operators, as well as the cities that host such services, must be aware of the major litigation risk associated with the growing number of serious accidents and injuries involving such micromobility devices — and should track emerging regulations in this area, says Arturo Aviles at Segal McCambridge.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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What Stands Out In Newly Enacted Texas Energy Laws
Attorneys at V&E discuss some of the most significant aspects of two recently signed Texas laws that comprise the second major attempt by the Legislature to shore up the state’s power sector, but whose true impacts will depend on how they are interpreted and implemented.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Texas Construction Statute Of Repose Leaves Open Questions
Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What The ESG Divide Means For Insurers And Beyond
The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.
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4 Legal Issues Grant-Funded Broadband Projects May Face
The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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VLSI V. Intel Saga Points To Conflicting Patent Guidance
A recent Patent Trial and Appeal Board decision is the latest ruling in a hotly contested case between VLSI and Intel, showcasing that our current patent system has created a patchwork of conflicting guidance that prevents innovators from a quick and cost-efficient solution to their problems, says Ashley Moore at Michelman & Robinson.
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A Midyear Look At How AI Is Affecting Lawyers
The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.