Texas

  • June 05, 2024

    TTAB Rejects Gin Maker's Attempt To Narrow 'Iron Balls' Mark

    The Trademark Trial and Appeal Board has refused a gin maker's bid to force a Texas brewery to limit its use of the phrase "Iron Balls" to craft microbrews instead of just "beer," saying such a change wouldn't make confusion any less likely.

  • June 05, 2024

    Biden Asylum Halt Contradicts Border Wire Suit, Texas Says

    Texas tore into the U.S. Department of Homeland Security on Wednesday, saying a new executive order that halts asylum claims from immigrants who cross the border illegally directly contradicts the agency's argument before the Fifth Circuit over Texas' use of concertina wire fencing at the border.

  • June 05, 2024

    French Bulldog Breeder Says Partner Conned Her Out Of $95K

    A woman has told a federal court that a Houston-area French bulldog breeder inflated the price of four dogs by $95,000 and has refused to pay her her share of breeding fees stemming from their 2022 partnership.

  • June 05, 2024

    Federal Judges Facing Scrutiny For Clerk-Hiring Boycotts

    The federal judiciary must take a look at its judges' hiring practices in the wake of some jurists' public refusal to hire students from certain law schools over on-campus political activity over the Israel-Hamas war, a nonprofit government watchdog said Wednesday.

  • June 05, 2024

    Houston Law Firm Can't Arbitrate 'Excessive' Fees Claims

    A homeowners' association can proceed with its lawsuit against Vethan Law Firm PC in a Texas state court over allegedly "needless and excessive fees" because the firm failed to prove the existence of an arbitration agreement, a Texas state appellate court has ruled.

  • June 05, 2024

    Texas Atty Accuses Ex-Partner Of 'Unilaterally Doubling' Comp

    A Houston-area attorney is suing Bergquist Law Firm PLLC and its owner for nearly $7 million for "unrelenting" violations of their partnership agreement and fiduciary duties.

  • June 05, 2024

    Texas To Launch Stock Exchange Backed By $120M Capital

    TXSE Group Inc. said Wednesday it plans to launch the Texas Stock Exchange, a national trading venue for public companies and exchange-traded products, following a $120 million private capital raise that was guided by Haynes and Boone LLP.

  • June 05, 2024

    5th Circ. Private Funds Ruling Could Rewrite SEC Agenda

    The Fifth Circuit on Wednesday vacated U.S. Securities and Exchange Commission regulations that would have required private fund advisers to provide detailed disclosures to investors, in a sweeping decision that could upend the regulator's approach to promised rules on climate, artificial intelligence and crypto assets.

  • June 04, 2024

    PE Firm Tells 5th Circ. It Got Pushed Out Of EV Co. Acquisition

    Texas-based private equity company Ancor Holdings LP says it got pushed out of an acquisition deal by another private equity group it brought in as backup, arguing in oral arguments at the Fifth Circuit on Tuesday that a binding letter of intent means it's entitled to future profits.

  • June 04, 2024

    Fed. Circ. Mulls Whether To Undo $13M Jury IP Verdict

    NCR Corp. has a "tough burden" on its shoulders if it wants to prove that the evidence a jury relied on to deliver a $13 million jury verdict against the company for infringing two payment processing patents was not substantial enough, a Federal Circuit judge said Tuesday.

  • June 04, 2024

    CFPB Seeks Traffic Cop For Parallel Small-Biz Data Rule Suits

    The Consumer Financial Protection Bureau on Tuesday asked a Kentucky federal judge to stay an industry lawsuit challenging the agency's small-business lender reporting requirements, saying a largely identical challenge filed earlier in Texas should take precedence.

  • June 04, 2024

    Rep. Gaetz Backs FTC's Noncompete Ban In Court

    Rep. Matt Gaetz threw his support behind the Federal Trade Commission on Tuesday in a court battle over the agency's new rule banning employee noncompete clauses, arguing that Congress has repeatedly affirmed the commission's authority to make competition rules.

  • June 04, 2024

    JPMorgan Accused Of Retaliating Against Indian H-1B Worker

    JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.

  • June 04, 2024

    Removal Of Poaching Suit Backed By Congress, Atty Argues

    A former associate of a Houston personal injury firm accused of stealing client files and recording hours of private conversations told the Fifth Circuit on Tuesday that Congress provides "the luxury of a bright-line rule" that allowed him to remove the firm's state court case against him to federal court after he filed a motion to dismiss.

  • June 04, 2024

    Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations

    The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.

  • June 04, 2024

    Chancery Pauses Meta Suit While Calif., Texas Cases Continue

    Delaware's Chancery Court on Tuesday paused a derivative suit seeking potentially massive damages from Meta Platforms Inc.'s leaders for failing to eliminate pedophilia, human trafficking and child exploitation content from its social media sites, pending resolution of direct damages suits in Texas and California.

  • June 04, 2024

    PQA Tells Fed. Circ. To Deny VLSI's Speculative Stay Bid

    One of the companies sanctioned for misconduct while successfully challenging a VLSI Technology LLC patent has told the Federal Circuit that there's no reason to stay VLSI's appeal while unrelated litigation plays out.

  • June 04, 2024

    Meta, Texas Strike Deal To End State's Biometric Privacy Suit

    Meta Platforms Inc. and Texas' attorney general have agreed to settle the state's suit accusing the social media giant of using its facial recognition technology to illegally collect Facebook users' biometric information without their consent, the parties told a state court. 

  • June 04, 2024

    PTAB Upholds G+ Patent After Samsung Challenge

    The Patent Trial and Appeal Board has refused to invalidate any claims of a G+ Communications 5G network patent following a review requested by Samsung, which argued they were either obvious or anticipated.

  • June 04, 2024

    Construction Co. Says $1B Texas Chemical Plant Bill Unpaid

    The construction company behind a multimillion-dollar chemical processing facility near the Texas coast has accused the plant's owner of refusing to pay it for its work, despite making changes to the original scope of the facility that caused extra construction costs and delays.

  • June 04, 2024

    Bally Sports Parent Reaches Multiyear Fubo Carriage Deal

    The bankrupt owner of Bally Sports-branded regional sports networks told a Texas judge Tuesday that it has reached a multiyear agreement with fuboTV to continue that company's carriage of the debtor's channels on its streaming platform, adding to its roster of new distribution deals as a hearing on its Chapter 11 plan nears.

  • June 04, 2024

    Legal Tech Co. Wants Ex-Exec's $1M Stock Suit Out Of NY

    A former legal tech executive's lawsuit claiming she was sexually harassed, fired and then cut out of $1 million in stock options should be moved from New York to either Texas or arbitration, or dismissed entirely, her former colleagues said Tuesday, calling the allegations against them "vague and conclusory."

  • June 04, 2024

    Paxton Asks Texas Justices To End Bar's Political 'Lawfare'

    The Texas bar's ethics lawsuit against Attorney General Ken Paxton over his challenge to the 2020 presidential election violates the state constitution's separation of powers and is barred by sovereign immunity, Paxton told the state Supreme Court on Tuesday, calling the case "politically motivated lawfare" in an announcement.

  • June 04, 2024

    Houston IP Firm Settles Trade Secrets Case With Ex-Law Clerk

    Houston-based intellectual property law firm Lloyd & Mousilli PLLC and a former law clerk accused of stealing confidential information while working virtually from California reached a settlement in a lawsuit brought by the firm in a Texas federal court.

  • June 04, 2024

    Google Settles Suit Claiming It Pushed Out Older Men

    Google reached a deal to resolve a suit from a former manager who claimed he was fired because the company wanted to oust older men in favor of young women, a filing in Texas federal court said.

Expert Analysis

  • Timing Is Key For Noninfringing Alternatives In Patent Cases

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    A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • A Look At Recent Challenges To SEC's Settlement 'Gag Rule'

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    Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Untangling The Legal Complexities Of Trade Secrets And AI

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    With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Judge-Shopping Policy Revisal May Make Issue Worse

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    The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but the policy may actually exacerbate the problem by tying the issue to judge-shopping in polarizing political cases, making reform more difficult, say Robert Niemeier and William Milliken at Sterne Kessler.

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