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Texas
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October 24, 2025
RunItOneTime Tells Judge Debtor In Talks For More DIP Cash
RunItOneTime LLC told a Texas bankruptcy judge on Friday it is in talks with its post-petition financing lender for more funds as it prepares to face the loss of operating cash from assets subject to sales the debtor hopes to close.
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October 24, 2025
Ex-Texas Solicitor General Appointed To State Supreme Court
Texas Gov. Greg Abbott on Friday announced the appointment of Kyle Hawkins, leader of the appellate practice at Lehotsky Keller Cohn LLP and a former Texas solicitor general, to a seat on the Texas Supreme Court.
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October 24, 2025
Federal Circuit Backs PTAB's Ax Of Charging Patent
The Federal Circuit on Friday refused to revive claims in a charging patent that Apple had challenged at the Patent Trial and Appeal Board, affirming the board's findings that the claims were invalid.
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October 24, 2025
Law Firm Cleared Of Min. Wage, OT Claims In Paralegal's Suit
A former paralegal at a Texas personal injury law firm has not proved that she was not paid minimum wage and also failed to show the firm knew she worked overtime, a jury concluded after a three-day trial in her misclassification suit.
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October 23, 2025
Texas Dials Up Exposure With App Store, Telemarketing Laws
A new Texas age verification law and sweeping revisions to the state's telemarketing statute are poised to saddle the broad universe of companies that support mobile apps and disseminate marketing texts with new obligations that will open them up to more lawsuits and other legal risks, unless opponents find success with fledgling constitutional challenges.
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October 23, 2025
Retailer To Pay $4.8M To End AGs' Membership Fee Claims
An online retailer has reached a $4.8 million deal ending a multistate consumer protection probe asserting the company deceptively enrolled customers in paid membership programs, charged them high monthly fees, then tried to keep them from canceling their memberships.
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October 23, 2025
Texas Appeals Court OKs Challenge To $1M Default Judgment
A Texas appeals court said Thursday that an energy company on the hook for a $1 million default judgment can have a second shot at seeking a new trial because it filed the request just before midnight on the date it was due, reversing a lower court decision that found the filing came too late.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
5th Circ. Vacates Lewis Brisbois' $1.5M Trademark Award
The Fifth Circuit vacated a $1.5 million damages award Thursday that Lewis Brisbois Bisgaard & Smith LLP won against three attorneys who registered a business with the same name, saying the Texas federal judge who granted the award had not explained his reasoning under the relevant statutes.
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October 23, 2025
Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute
Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.
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October 23, 2025
Freshly Launched Legal Org. Plans To Protect Abortion Docs
A new legal group launched this week aims to support telehealth doctors providing abortion pills and reproductive care, and to further strengthen shield laws protecting those providers from out-of-state prosecutions.
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October 23, 2025
Genesis Judge Blocks HHS Bid To End Nursing Home Benefits
A Texas bankruptcy judge on Thursday blocked a bid by the U.S. Department of Health and Human Services' Centers for Medicare and Medicaid Services to cut off payments for one of Genesis Healthcare's skilled nursing facilities in Alabama, entering a preliminary injunction in the Chapter 11 adversary proceeding.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
5th Circ. Revives Religious Bias Suit Over DOD Vaccine Policy
The Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit.
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October 22, 2025
5th Circ. Judge Oldham Repudiates 'Holy Rule' For Precedents
The Fifth Circuit's bedrock principle of strictly following even the most "extreme outlier judgments" of circuit panels is "deeply inconsistent with the federal judicial function," U.S. Circuit Judge Andrew S. Oldham said Wednesday night at a high-profile Heritage Foundation event.
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October 22, 2025
Colgate-Palmolive Can't Yet Ditch Soap Contamination Suit
A New York federal judge on Wednesday refused to throw out a Texas woman's suit alleging she developed a wound infection from contaminated multi-purpose cleaner made by Colgate-Palmotive Co., finding that the allegations are adequate for this stage in the litigation.
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October 22, 2025
Tesla Claims Texas Charter Trumps Sweeping Claims In Del.
Attorneys for Tesla, its principals and Elon Musk told Delaware's chancellor on Tuesday that the company's widely trumpeted corporate charter move from Delaware to Texas should doom a Court of Chancery consolidated stockholder suit challenging a string of actions by the company and Musk.
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October 22, 2025
Gilstrap, Albright Flouting Venue Law, Fed. Circ. Told
The Federal Circuit is being asked to step in and decide if two well-known Texas federal judges, U.S. District Judges Rodney Gilstrap and Alan Albright, have been flouting patent venue law by refusing to transfer out infringement cases if any step of the patented method was performed in their section of the Lone Star State.
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October 22, 2025
Texas Book Rating Law Struck Down As Unconstitutional
A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.
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October 22, 2025
Airline Groups Ask 5th Circ. To Ground In-Flight Death Suit
Airline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response.
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October 22, 2025
Kroll Wants FTX Hack Suit Tossed, Arbitrated Or Moved
Bankruptcy claims agent Kroll Restructuring Administration LLC has asked a Texas federal judge to transfer or sink a proposed class action over a data breach that affected creditors of FTX Trading Ltd., BlockFi Inc. and Genesis Global Holdco LLC, pointing to alleged standing issues and an online arbitration agreement.
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October 22, 2025
Texas Appeals Court Wipes $64M Judgment For Dallas Lender
A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.
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October 22, 2025
Toyota Gets PTAB To Ax Some Car User Profile Patent Claims
The Patent Trial and Appeal Board has invalidated some claims in a vehicle user identification patent while letting others stand in a challenge brought by Toyota Motor Corp., which has been the target of an infringement case in the Eastern District of Texas.
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October 22, 2025
Kirkland Partner, Ex-Sen. Cornyn Counsel Tapped For US Atty
A Dallas-based Kirkland & Ellis LLP litigation partner who previously served as U.S. Sen. John Cornyn's chief counsel has been nominated as U.S. attorney for the Northern District of Texas.
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October 22, 2025
X Defends Antitrust Case Over Apple's Deal With OpenAI
Elon Musk's social media platform X and its artificial intelligence arm defended their antitrust case targeting a deal that integrated ChatGPT into iPhones, telling a Texas federal court that Apple and OpenAI are trying to preserve their respective monopolies.
Expert Analysis
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts
The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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4 States' Enforcement Actions Illustrate Data Privacy Priorities
Attorneys at Wilson Elser examine recent enforcement actions based on new consumer data privacy laws by regulators in California, Connecticut, Oregon and Texas, centered around key themes, including crackdowns on dark patterns, misuse of sensitive data and failure to honor consumer rights.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Ch. 7 Marshaling Ruling Rests On Shaky Legal Grounds
In its recent holding in a Chapter 7 bankruptcy case that marshaling may not be applied against the IRS, a Texas federal court misapplied a bankruptcy code section and case law, leaving a draconian decision that could limit the scope of a powerful equitable estate tool, says Brian Shaw at Cozen O'Connor.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.