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Texas
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May 21, 2024
OSHA Hit With Constitutional Challenge To Walkaround Rule
A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.
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May 21, 2024
GAO Denies Sysco's Protest Of Up-To $126M Subsistence Deal
The U.S. Government Accountability Office denied a Sysco unit's protest of an up-to $126 million defense subsistence supply deal, saying the company failed to show the Defense Logistics Agency had to consider the awardee's performance on a similar interim deal.
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May 21, 2024
Counties Not 'Persons' In Texas Opioid MDL Appeal
A Texas appeals panel found Tuesday that counties are not considered "persons" under the state's common law and therefore are not subject to the Texas Medical Liability Act's requirement that they serve expert reports to pharmacy defendants in the state's opioid multidistrict litigation.
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May 21, 2024
20 States Challenge Biden Admin's NEPA Rule
A group of 20 states sued the Biden administration's Council on Environmental Quality on Tuesday in North Dakota federal court, challenging a recent environmental permitting rule they claim unlawfully changes the National Environmental Policy Act's review procedures "into a substantive set of requirements to achieve broad and vague policy goals."
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May 21, 2024
22 States Tell 11th Circ. Corp. Transparency Act Goes Too Far
The federal Corporate Transparency Act unconstitutionally displaces state authority and its enforcement would economically harm states and their residents, attorneys general from 22 states told the Eleventh Circuit, urging it to uphold a ruling that struck down the law.
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May 21, 2024
PE Firms Close Separate Funds With Nearly $1.3B Total In Tow
Winston & Strawn LLP-advised private equity shop Paceline Equity Partners LLC and Kirkland & Ellis LLP-advised private equity firm Eir Partners on Tuesday separately announced that they have clinched funds totaling nearly $1.3 billion combined, with the former's fund focusing on corporate debt and real assets and the latter's targeting healthcare technology investments.
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May 21, 2024
Houston Club Asks Court To Halt Storm Damage Demolition
A Houston nightclub damaged in last week's severe storm told a Harris County court Monday that city officials improperly declared that the building should be demolished.
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May 21, 2024
ABA Faces Racial Bias Complaint Over Diversity Programs
A conservative nonprofit on Tuesday hit the American Bar Association with a Title VI complaint, claiming a handful of "nefarious" ABA-led programs meant to connect minority law school students with judges are "racially discriminatory."
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May 21, 2024
Attys Accused Of Botching NC Suit By Missing Filing Deadline
The parents of two children who died in a car fire are suing their former attorneys in North Carolina federal court for malpractice, alleging they dropped the ball on filing the pair's wrongful death claims against a seat belt manufacturer before the deadline passed.
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May 21, 2024
Valero Brings $37M Refund Claim Over Fuel Credit, Crude Tax
Energy company Valero is seeking $37 million in tax refunds for biomass fuel mixtures it said should've qualified for the alternative fuel tax credit and for claimed overpayments of crude tax, according to a complaint in Texas federal court.
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May 21, 2024
Ex-EnCore GC Joins Fisher Phillips' Gov't Relations Team
Fisher Phillips announced Tuesday that it has hired for its government relations practice group an attorney who was EnCore Energy Corp.'s former general counsel and has extensive experience in the public sector, including a stint as principal deputy solicitor for the U.S. Department of the Interior.
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May 21, 2024
Bottini & Bottini Gets Atty Fee Suit Sent To Arbitration
A Texas attorney must arbitrate his $730,000 fee suit against Bottini & Bottini Inc., a federal judge in the Lone Star State has ordered, finding the settlement agreement underlying the lawyer's claims included a binding arbitration clause despite the attorney not personally signing the document.
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May 21, 2024
Locke Lord Adds Wealth Pro In Dallas From Atwood & McCall
Locke Lord LLP has picked up a new partner with a diverse tax and estate planning background for its private wealth practice group in Dallas from Atwood & McCall.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 21, 2024
Construction Groups Press To Halt DOL Prevailing Wage Rule
The U.S. Department of Labor's final rule regulating prevailing wages under the Davis-Bacon Act creates tangible damage and a Texas federal court should stop it, a group of construction groups suing the department said.
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May 21, 2024
Contractor For Exxon, QatarEnergy LNG Venture Hits Ch. 11
The general contractor for a liquefied natural gas project co-owned by Exxon Mobil Corp. and QatarEnergy filed for Chapter 11 protection in Texas bankruptcy court Tuesday with more than $1 billion of debt, saying it intends to use the court process to back out of the Texas venture.
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May 21, 2024
Texas Oil Co. Sues To Challenge Colo. Regulators' $23M Fine
A Texas oil and gas company accused Colorado regulators of failing to properly serve violation notices and imposing an "excessive" $23.2 million fine contrary to the rights set forth in the state and U.S. constitutions, in a complaint filed in Colorado state court.
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May 20, 2024
Crypto Groups Move To Ditch 'Irrational' SEC Dealer Rule
A pair of crypto industry groups suing the U.S. Securities and Exchange Commission over its expansion of the dealer definition have asked a Texas federal judge to grant them a win in the suit and cut down the "unexplained and irrational rulemaking" they claim violated the rulemaking process.
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May 20, 2024
CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit
CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.
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May 20, 2024
Texas Atty Chided For 'Crappy Strategy' Of Ducking Subpoena
A transplant surgeon at Memorial Hermann Texas Medical Center accused of tampering with patients' donor acceptance criteria failed to show up to a Houston court hearing — partly thanks to his attorney — in three families' wrongful death case after being subpoenaed, in what a Harris County judge told his attorney was "a crappy strategy."
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May 20, 2024
Texas Judge Rescinds Denial Of SpaceX's Rethink Bid
A Texas federal judge on Monday walked back his decision last week not to reconsider an order transferring SpaceX's National Labor Relations Board constitutionality dispute to a California court, saying he is "awaiting input from the Fifth Circuit."
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May 20, 2024
SEC Says Firm Broke Short-Selling Rules During Pandemic
An Austin, Texas-based trading firm has agreed to pay $1.5 million as part of a deal to end U.S. Securities and Exchange Commission claims it unlawfully bought follow-on offering shares of companies it had just shorted, including those of cruise ship companies bruised by 2020 COVID-19 outbreaks.
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May 20, 2024
Tesla Pushes Charging Station Patent Suit Out Of Texas
Despite Elon Musk's decision to move the headquarters of his company to the Western District of Texas, Tesla was able to persuade a federal judge in Austin to send an infringement suit targeting its charging stations to California, where the company was previously based.
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May 20, 2024
Texas' Naive Witness 'Unacceptable' In Google Ad Tech Suit
A judge overseeing a Texas-led lawsuit accusing Google of anti-competitive conduct in the display advertising market has ordered the attorneys general bringing the litigation to provide an adequate witness who can speak to certain facts about the investigation, calling their failure to do so "puzzling and unacceptable."
Expert Analysis
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Opinion
What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong
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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What Texas Business Court Could Mean For Oil, Gas Cases
While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs
The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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FDA's Lab-Developed Test Rule May Bring Historic Challenges
If finalized, the U.S. Food and Drug Administration's proposed rule for regulating laboratory-developed tests will provoke some of the most interesting legal challenges that the agency has faced in decades, with outcomes that will likely reverberate across the agency's product centers, says Stacy Amin at MoFo.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Keeping Tabs On Fight Over Board Diversity Rule At 5th Circ.
Attorneys at Mintz dissect why the Fifth Circuit rejected a constitutional challenge to Nasdaq’s new requirement that listed companies disclose board diversity data, assess how a petition calling the decision pro-discrimination may fare, and discuss where companies that have yet to meet the exchange's diversity goals go next.
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5th Circ. Ruling May Beget Fraud Jury Instruction Appeals
The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.
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Cos.' Trade Secret Measures Must Adjust To Remote-Work Era
Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Opinion
Courts Shouldn't Credit Allegations From Short-Seller Reports
Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.