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May 13, 2025
Ga. Justices Revives Claim Over Med Student's Negligence
The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.
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May 13, 2025
Attys Invoke 5th Amendment In Mexican Bank Discovery Row
Lawyers for a Mexican businessman told a Houston federal court that sanctions are not warranted in their response to a subpoena amid discovery by a Mexican bank, arguing their client is justified in preserving his Fifth Amendment rights against self-incrimination.
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May 13, 2025
NFL Benefits Plan Throws Flag On Atty Fee Award To Player
Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
Murder Is Not Assault, Drywall Co. Says In Indemnification Bid
A drywall company told a Texas federal judge that Knight Specialty Insurance Co. cannot use an assault and battery exclusion to escape its obligation to defend the company after one of its employees murdered a woman, saying Monday "murder is different than assault or battery."
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May 12, 2025
Barnes & Noble Faces IP Suit Over E-Commerce Tech
Barnes & Noble has joined a line of retailers facing patent infringement suits from intellectual property licensing company AML IP, with a complaint filed Monday in Texas federal court accusing the bookseller of violating a patent related to technology for electronic methods of processing payments.
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
Green Groups Fight Feds' Effort To Rescind Bird Protections
Environmental groups on Sunday asked a Texas federal court to reject the U.S. Fish and Wildlife Service's effort to reverse its decision to protect two populations of the lesser prairie-chicken under the Endangered Species Act.
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May 12, 2025
HP, Patent Licensing Co. Settle Suit Over Video Coding IP
HP Inc. and a California-based patent licensing company that accused the IT giant of infringing old Panasonic patents covering picture and moving picture coding and decoding methods agreed to end their dispute, according to a joint motion filed in Texas federal court.
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May 12, 2025
Anadarko Says Class Shouldn't Get Cert. After 5th Circ. Ruling
Anadarko Petroleum Corp. told a federal judge on Monday that he shouldn't recertify a proposed class of shareholders who claim they lost money on the company's bad oilfield bet, after the Fifth Circuit overruled his earlier certification last year.
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May 12, 2025
Music Labels Ask Justices To Uphold ISP's Copyright Liability
The nation's major record labels are urging the U.S. Supreme Court not to take up a petition from an internet service provider asking whether internet service providers can face "massive liability" for user copyright infringement, telling the justices that no circuit split on the question exists.
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May 12, 2025
Texas Judge Suspended Over Vote Harvesting Indictment
A Texas county judge was suspended without pay Monday by the state's judicial disciplinary body in connection with a felony indictment charging her with taking part in a vote harvesting scheme related to the 2022 election.
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May 12, 2025
Texas Rep. Cuellar Argues He's Immune From Bribery Charges
U.S. Rep. Henry Cuellar, D-Texas, on Friday moved to dismiss a 14-count indictment accusing him of accepting bribes in exchange for political favors, arguing it violates the immunity representatives are afforded under the Constitution's speech and debate clause.
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May 12, 2025
Sidley Adds Morgan Lewis Financial Services Trio In Texas, NY
Sidley Austin LLP announced Monday it has added a trio of banking and financial services attorneys from Morgan Lewis & Bockius LLP in Dallas and New York.
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May 12, 2025
Clifford Chance Adds Texas Energy Pro After In-House Roles
Clifford Chance LLP announced Monday that it has expanded its energy and infrastructure financing offerings in the U.S. with a partner who came aboard after a decade filling in-house roles at Cheniere Energy Inc. and Occidental Petroleum Corp.
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May 12, 2025
5th Circ. Pauses DOL Overtime Rule Challenge
The Fifth Circuit paused the U.S. Department of Labor's challenge to a Texas federal court decision vacating a rule that raised salary thresholds for considering employees overtime-exempt under federal wage law, the latest pause affecting Biden-era rules after the change in administration.
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May 12, 2025
Texas Justices Say Nursing Home Can Appeal $7.1M Verdict
The Texas Supreme Court has revived a nursing home's appeal of a $7.1 million injury verdict in favor of one of its employees, saying the nursing home has shown that it did not have actual notice of the judgment and is entitled to an extension to the filing deadline.
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May 12, 2025
3 Firms Guide NRG, LS Power On $12B Natural Gas Deal
NRG Energy Inc. said Monday it has agreed to acquire a portfolio of natural gas-fired power plants and a virtual power plant platform from LS Power for $12 billion, in a cash-and-stock deal steered by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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May 09, 2025
Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.
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May 09, 2025
IP Atty Referred To Disciplinary Panel For Paralegal's Error
A California federal magistrate judge referred beleaguered patent attorney William Ramey to a disciplinary committee for potential sanctions over his alleged "pattern" of filing pro hac vice requests with inaccuracies, even after a paralegal swore under oath that she misread the pro hac vice form and repeatedly made the mistake.
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May 09, 2025
National Report Exposes Gaps In Missing Minority Cases
A growing number of minority groups, including Indigenous and Black people, have gone missing and remain unaccounted for around the United States, and systemic disparities contribute to the failure of law enforcement to track and resolve cases, a new report said.
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May 09, 2025
Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling
The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.
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May 09, 2025
Texas High Court Says Writing Trumps Verbal Drilling Deal
The Texas Supreme Court handed a victory to an energy company that sold mineral rights it had acquired for about $5 million, reversing a state appeals court in a Friday opinion finding that supposed oral agreements didn't prevent the resale.
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May 09, 2025
Texas Justices Let Home Depot Off Hook In Cop Shooting Suit
The Texas Supreme Court on Friday tossed a suit seeking to hold Home Depot and an off-duty police officer serving as a security guard liable for the shooting death of a responding police officer, saying police officers trying to prevent crimes even when off duty are entitled to immunity.
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May 09, 2025
Energy Group Backs States' BlackRock Coal Investments Suit
An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.
Expert Analysis
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.