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November 25, 2025
DOL Seeks To End 5th Circ. Fiduciary Rule Battle
The U.S. Department of Labor asked the Fifth Circuit to dismiss two appeals defending a package of Biden-era investment advice regulations that had expanded the definition of a fiduciary under the Employee Retirement Income Security Act, which two Texas courts had blocked in 2024.
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November 25, 2025
Atty Error Led To $400K Death Settlement, Insurer Tells Court
An insurer for several companies managing a South Carolina apartment complex was forced to settle a wrongful death suit after an attorney failed to meet filing deadlines and defaulted, it told a federal court, saying the attorney is on the hook for the $400,000 settlement and legal fees.
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November 25, 2025
Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit
Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.
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November 25, 2025
Sheppard Mullin Adds Jackson Walker PE Pro In Dallas
Sheppard Mullin Richter & Hampton LLP has grown its private equity offerings in the Lone Star State with the addition of a Jackson Walker LLP partner.
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November 24, 2025
Prep, Panic & Poise: Inside An Associate's First Oral Argument
Fraser M. Holmes followed a long professional path to a Texas court's lectern. He'd been a baseball blogger, travel writer and social studies teacher before appellate law beckoned. After years of toil, a milestone moment — his first oral argument — finally arrived, but as justices took the bench, his heart sank: "Oh, my God. I think I've just forgotten my entire argument."
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November 24, 2025
Texas Redistricting A 'Race-Based' Exercise, High Court Told
Several Texas voters and advocacy groups asked the U.S. Supreme Court to uphold an order from a lower court blocking Texas from adopting its new congressional map on Monday, telling the nation's highest court the state clearly had racial motivations for the redistricting.
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November 24, 2025
5th Circ. Finds Gun Ban For Pot Users Unconstitutional
A Fifth Circuit panel ruled on Friday that a federal law barring users of marijuana from lawful gun ownership ran afoul of the Second Amendment in the specific case of a person convicted in Mississippi of unlawful firearm possession.
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November 24, 2025
Tax Court Upholds Nix Of $1.9M Deduction Post-Chevron
A Texas couple cannot claim a $1.9 million tax break for farming, the U.S. Tax Court affirmed Monday, saying a U.S. Supreme Court ruling overturning long-standing deference to federal agencies did not invalidate regulations at issue in the case.
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November 24, 2025
Schwab's Antitrust Deal Gets Final OK Over Objections
The Charles Schwab Corp. and a group of investors Monday received a Texas federal judge's final approval of a settlement of a lawsuit challenging the financial services company's merger with TD Ameritrade on antitrust grounds, following dozens of objections by the Iowa attorney general and others.
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November 24, 2025
Stone Hilton Fights Ex-Aide's Bid To Toss FLSA Defense
A former Stone Hilton PLLC executive assistant's bid to toss the firm's defense in her sexual harassment and unpaid wage suit that she is exempt from the Fair Labor Standards Act was three weeks late, the firm and its founders have told a Texas court.
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November 24, 2025
Justices Won't Hear Dispute Over So-Called Ch. 11 Double Dip
The U.S. Supreme Court on Monday said it will not hear arguments on whether a Texas bankruptcy judge allowed unsecured creditors to double-dip on their recoveries when he handed them control of bankrupt oil driller Sanchez Energy.
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November 21, 2025
Justice Alito Stays Order Blocking Texas Redistricting
U.S. Supreme Court Justice Samuel Alito temporarily stayed a court order blocking Texas from adopting new congressional maps late Friday, allowing the state to move forward with redistricting plans a lower court found were adopted through unconstitutional racial gerrymandering.
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November 21, 2025
Tata Must Pay $168M For Trade Secrets Theft, 5th Circ. Says
A Fifth Circuit panel found Friday that Tata Consultancy Services Ltd. stole IT company Computer Sciences Corp.'s technology concerning source code and life insurance software documentation, keeping intact a $168 million verdict against Tata.
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November 21, 2025
IP Notebook: Kahwa Mix-Up, WallStreetBets, Hotel California
This round of Law360's look at emerging copyright and trademark issues includes a Federal Circuit case over an obscure tea drink and a nod to the Eagles' "Hotel California" in a precedential decision that is a primer on having an actual intent to use a trademark.
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November 21, 2025
Real Estate Recap: REIT Reporting, Defining Water
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions from real estate attorneys in two areas primed for deregulation.
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November 21, 2025
Judge Blocks Meritage's Bid To Split Defect Coverage Claims
A Texas federal court has refused to separate claims for stucco home construction defects, which it previously held are covered under Meritage Homes' policies with AIG, from claims that have yet to be resolved or asserted in a coverage dispute over $11 million in underlying settlements.
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November 21, 2025
Florida Sues ISS, Glass Lewis Over ESG Advice
The state of Florida is suing Institutional Shareholder Services Inc. and Glass Lewis & Co. LLC, alleging that the proxy advisory firms are abusing their dominant place in the market by promoting ideological and environmental causes "at the expense of traditional metrics of financial growth."
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November 21, 2025
Debt Negotiator Settles Case Against Conn. Banking Chief
Following a Connecticut Supreme Court opinion, a law firm and a linked support services company have agreed to settle a lawsuit that questioned whether the state banking commissioner could regulate their debt negotiation services or if the judicial branch enjoyed that exclusive responsibility.
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November 21, 2025
Judge Denies Texas' Bid To Stay Order Blocking Redistricting
A Texas federal judge shot down a bid on Friday to stay a court order blocking Texas from going forward with a plan to redraw its congressional map, saying the state failed to show that it was entitled to a stay while it appeals the injunction.
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November 21, 2025
Stay Denied In Ch. 11 Suit Over $100M Special Needs Fraud
A Florida bankruptcy judge on Friday declined to halt an adversary class action against a Texas bank accused of aiding the alleged $100 million theft from a special needs trust, allowing document discovery to proceed while the bank's motion to toss the case is pending.
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November 21, 2025
Texas Supreme Court Rejects $4B Oil Spill Tax Refund Bid
The Texas Supreme Court declined Friday to hear an oil company's claim seeking a franchise tax refund for $4 billion in settlement expenses it paid due to its stake in the well involved in the Deepwater Horizon disaster.
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November 20, 2025
Texas Sues Bristol-Myers For Alleged Drug Misrepresentations
The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.
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November 20, 2025
Journalist Jailed For Contempt, Fined For Stealing Court Mug
A Texas federal judge ordered U.S. marshals Thursday to haul a onetime conservative journalist to a nearby jail for contempt of court and separately fined him $1,000 for stealing a court coffee mug, saying he had had it with the defendant's "shenanigans."
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November 20, 2025
5th Circ. Seeks Interpretation Of Miss. Health Decisions Law
A Fifth Circuit panel asked the Mississippi Supreme Court on Thursday to clarify an "ambiguous" state law that sets out which family members can act as surrogates and make healthcare decisions for relatives without the capacity to decide for themselves.
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November 20, 2025
Firm Cites Error In Default Judgment Motion's 2-Year Delay
Counsel for a broadcast licensing company urged a Texas federal judge on Thursday not to toss a lawsuit accusing a Houston establishment of illegally showing a soccer match after the firm let two years lapse between requesting and applying for a default judgment.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Cos. Considering DExit Should Assess D&O Insurance Effects
As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.