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May 29, 2024
Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial
Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.
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May 29, 2024
Texas Securities Regulator Orders Crypto MLM To Shut Down
Texas State Securities Board Commissioner Travis J. Iles has ordered the shutdown of an allegedly fraudulent Arkansas-based multilevel marketing scheme that claimed to offer investments in cloud mining cryptocurrency.
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May 29, 2024
American Airlines Sued By Black Men Profiled For Body Odor
Three Black men are suing American Airlines for racial discrimination claiming they and five other Black men were each asked to exit an airliner after a white flight attendant complained of an unknown passenger's body odor, according to a suit filed Wednesday in New York federal court.
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May 29, 2024
Feds, Dreamers Tell 5th Circ. That Fight For DACA Isn't Over
The Biden administration and recipients of the Deferred Action for Childhood Arrivals program urged the Fifth Circuit to reverse an order that held the program unlawful, saying the program has a chance of surviving in light of recent U.S. Supreme Court rulings.
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May 29, 2024
News Orgs. Say State 'Eclipsing' Honesty In Uvalde Doc Row
A coalition of news outlets led by the Texas Tribune told an appeals court Tuesday that the state's request to seal its appellate brief in a long-running dispute over records related to the 2022 mass shooting at Robb Elementary School in Uvalde is an attempt by law enforcement to "eclipse" transparency into the tragedy.
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May 29, 2024
FDA Sued Over Controversial Lab Test Rule
A clinical lab trade group that has been highly critical of the U.S. Food and Drug Administration's new final rule on laboratory-developed tests filed a lawsuit late Wednesday, saying the agency doesn't have the authority to regulate the tests as medical devices.
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May 29, 2024
Texas Judge Bans Using $1.4B Border Wall Funds For Repairs
A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.
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May 29, 2024
Judge Says Texas Can't Relitigate DHS Parole Program
A Texas federal judge won't reconsider a March decision dismissing the Lone Star State's challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying Texas is trying to relitigate the court's conclusion that it lacks standing.
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May 29, 2024
No Sanctions Over Drone Video For Houston Cancer MDL Atty
A state judge said Wednesday that she wasn't planning on sanctioning an attorney representing Houston residents living near a contaminated rail yard for allowing allegedly improper drone videos to be taken over the site despite telling the lawyer that the "miscommunication" with his staff is "really on you."
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May 29, 2024
Quinn Emanuel Atty Ducks Sanctions Over Musk Deposition
Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro beat an attempt to sanction him for alleged "astonishingly unprofessional" conduct at a deposition while defending billionaire and investor Elon Musk from a defamation suit in Texas state court, but the suit survived a motion to dismiss, according to an order signed Wednesday.
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May 29, 2024
Chancery Pins Down Musk, Tesla On Pay Bid, Del. Jurisdiction
Delaware's chancellor has nailed Elon Musk, Tesla Inc. and their counsel to assurances that the company won't flee state corporate law jurisdiction and a potentially massive stockholder attorney fee dispute by rushing votes on a struck-down, $56 billion compensation plan for Musk and proposed reincorporation in Texas.
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May 29, 2024
House Ethics Committee To Probe Indicted Rep. Cuellar
The House Ethics Committee announced on Wednesday that it has formed a subcommittee to investigate activities of Rep. Henry Cuellar, D-Texas, who was recently charged with accepting bribes from entities in Azerbaijan and Mexico in exchange for political favors.
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May 29, 2024
Sidley Brings On Akin's Oil And Gas Leader In Houston
Sidley Austin LLP has fortified its energy, transportation and infrastructure group with a partner in Houston who previously led the U.S. oil and gas practice at Akin Gump Strauss Hauer & Feld LLP.
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May 29, 2024
5th Circ. Stays Transfer Of Suit Over CFPB's Late Fee Rule
The Fifth Circuit on Wednesday halted the transfer of a banking industry lawsuit against the Consumer Financial Protection Bureau's $8 credit card late fee rule, again intervening in the case less than a day after a Texas federal judge ordered it sent to Washington, D.C., for a second time.
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May 29, 2024
Fisher Phillips Adds Employment Pro In Dallas From GRSM50
Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.
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May 29, 2024
Wachtell, Kirkland Steer $22.5B ConocoPhillips-Marathon Deal
Wachtell Lipton Rosen & Katz-advised ConocoPhillips has agreed to acquire Marathon Oil, represented by Kirkland & Ellis LLP, in an all-stock transaction with an enterprise value of $22.5 billion, inclusive of $5.4 billion of debt, the companies said Wednesday.
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May 28, 2024
VLSI Wants Fed. Circ. To Pause Before Pursuing PQA Appeal
VLSI Technology LLC has asked the Federal Circuit to hold off on deciding whether the Patent Trial and Appeal Board improperly invalidated its chip patent in a high-profile dispute until after the court rules on a key prior art issue in unrelated litigation.
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May 28, 2024
Frontier, Ex-CEO Settle $21.8M Life Insurance Benefits Feud
Frontier Communications and Leonard Tow, its former CEO and the top executive of a predecessor, have privately settled a feud surrounding tens of millions in split-dollar life insurance policies, with both sides asking a Connecticut state court judge to withdraw a $21.8 million prejudgment remedy order issued last month.
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May 28, 2024
Singer Tells Justices Jurors Should Hear His 'Rockstar' Song
The frontman of a band called Snowblind is telling the U.S. Supreme Court that at least one appeals court judge seemingly decided for herself that his 2001 demo sounded nothing like the Nickelback hit record "Rockstar," something he thinks a jury should decide instead.
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May 28, 2024
27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law
Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.
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May 28, 2024
5th Circ. Flips Cancer-Drug Maker's Defeat In Hair Loss MDL
The Fifth Circuit has vacated a summary judgment ruling in favor of four women who say two drugmakers failed to warn consumers that their chemotherapy drug could cause hair loss, saying it was impossible for the companies to simultaneously comply with federal and state failure-to-warn laws.
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May 28, 2024
Texas Judge Sends Suit Over CFPB Late Fee Rule Back To DC
A Texas federal judge Tuesday ordered another cross-country trip for a banking industry lawsuit that challenges the Consumer Financial Protection Bureau's $8 credit card late fee rule, sending the case back to Washington, D.C., shortly after regaining control over it.
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May 28, 2024
High Court Passes On Collection Firm's CFPB Funding Fight
The U.S. Supreme Court said Tuesday that it won't take up a now-shuttered debt collection law firm's fight against an investigative demand by the Consumer Financial Protection Bureau, turning down a case that covered the same constitutional ground as one that the justices recently decided in the agency's favor.
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May 28, 2024
Ex-NRA CFO Settles NY AG Suit Before Phase-Two Trial
The National Rifle Association's former chief financial officer has reached a settlement with the New York attorney general's office ahead of the second phase of a trial over claims the group and its executives misused donor money, among other alleged misconduct.
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May 28, 2024
FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.
Expert Analysis
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How High Court SEC Case Could Affect The ITC
While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Exxon ESG Proxy Statement Suit May Chill Investor Proposals
Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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3 Administrative Law Lessons From 5th Circ. Appliance Ruling
Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.
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What To Know About WDTX Standing Order For Patent Cases
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
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Opinion
3rd-Party Financiers Have Power To Drive Mass Tort Cases
The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.