Texas

  • April 04, 2024

    Punishing Docs' Statements Chills Free Speech, 5th Circ. Told

    A right-leaning nonprofit sparred with a group of specialty medical boards and the U.S. Department of Homeland Security in front of the Fifth Circuit during oral arguments Thursday, saying that revoking doctors' medical licenses in retaliation for public statements on issues like abortion chills free speech.

  • April 04, 2024

    Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late

    Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    Depo Conflicts Mean Pretrial Win In Malpractice Suit, Attys Say

    A Texas state court judge on Thursday said he needed to more closely review the prior deposition of a man who claimed his Houston-area property was flooded by Hurricane Harvey and Tropical Storm Imelda before deciding whether to grant a pretrial win to a law firm the man accused of botching his damage claim.

  • April 04, 2024

    Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims

    A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.

  • April 04, 2024

    Snell & Wilmer Adds Former McDermott Partner In Dallas

    A former McDermott Will & Emery partner and tax specialist has joined Snell & Wilmer's Dallas office to advise clients on cross-border transactions, particularly in Latin America and Mexico.

  • April 04, 2024

    FDIC Reports Discriminatory Lending At SouthStar Bank

    The Federal Deposit Insurance Corp. has downgraded SouthStar Bank's community lending rating, reporting that a review of the institution's lending practices revealed evidence of redlining, according to an evaluation released by the agency.

  • April 04, 2024

    NC Tax Fraud Trial Evidence Bids Get Lukewarm Reception

    A North Carolina federal judge on Thursday seemed reluctant to limit certain evidence against two attorneys and an insurance agent in their upcoming tax fraud trial, saying some of it seemed pertinent to the government's quest to prove intent but suspected other information might be construed by jurors as "petty."

  • April 04, 2024

    Brett Favre Fights To Revive Miss. Defamation Suit In 5th Circ.

    Retired NFL quarterback Brett Favre is arguing to the Fifth Circuit that fellow Hall of Fame inductee Shannon Sharpe's broadcast comments about his alleged involvement with a huge Mississippi welfare fraud could not be excused as hyperbole, in an attempt to revive a defamation suit against Sharpe.

  • April 04, 2024

    Ginnie Mae, HUD Must Face Bank's Vacated Lien Suit

    A Texas federal judge trimmed but declined to dismiss Texas Capital Bank's suit against the U.S. Department of Housing and Urban Development and its Government National Mortgage Association program over a vacated loan lien that the bank says was worth tens of millions of dollars.

  • April 04, 2024

    HHS Asks Justices To Review 5th Circ. Abortion Ruling

    The Biden administration has asked the U.S. Supreme Court to add a Texas legal clash to its review of whether a federal law requiring emergency medical care can preempt state-level abortion bans, a question before the justices in a separate case.

  • April 04, 2024

    Judge Won't Pause Dismissal Of $114M Discord Stock Case

    A Houston judge has denied a bid from federal prosecutors to pause the dismissal of an indictment that accused eight men of running a $114 million pump-and-dump stock scheme, writing that the government's argument for a stay largely rehashes the merits of dismissing the case and "is not particularly persuasive."

  • April 04, 2024

    IT Firm ConvergeOne To Wipe $1.6B Of Debt In Ch. 11

    Information technology company ConvergeOne Holdings Inc. received preliminary approval for a disclosure statement Thursday that describes its plan to slash $1.6 billion from its balance sheet in a prepackaged Chapter 11.

  • April 03, 2024

    SD Gov. Noem Asks Tribes To 'Banish' Mexican Drug Cartels

    South Dakota Gov. Kristi Noem has called on Native American tribes throughout the state to "banish" Mexican drug operators from tribal lands, saying that Indian reservations serve as ideal areas where cartels can set up their illicit operations.

  • April 03, 2024

    Fed. Circ. Wrestles With Crocs' 'Patented' Claim In False Ad Suit

    Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit panel on Wednesday, spurring one judge to remark that "there's nothing novel" about the material used to make Crocs' shoes.

  • April 03, 2024

    NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX

    The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.

  • April 03, 2024

    Fed. Circ. Gets Lost In Intricacies Of Standing In Patent Law

    The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."

  • April 03, 2024

    5th Circ. Remands Roof Tile Row To Texas District Court

    State Farm and a couple must further litigate whether there's coverage for hailstorm-related roof repairs under a policy provision covering costs to keep their home up to code, the Fifth Circuit ruled, finding a genuine factual dispute over whether replacement roof tiles interlock with original ones.

  • April 03, 2024

    Texas Backtracks At 5th Circ. On Extent Of Immigrant Arrest Law

    Texas' solicitor general denied that the state's controversial law aimed at arresting unauthorized immigrants would result in removing them, telling perplexed Fifth Circuit judges on Wednesday that they were wrong to have concluded the law likely encroaches on federal jurisdiction.

  • April 03, 2024

    Chubby Checker Boyhood Home To Sell In Ponzi Receivership

    The childhood home of acclaimed '60s rock-and-roller Chubby Checker will get a new owner after a Texas federal court found that a sale is in the best interest of a receivership in a $185 million alleged Ponzi scheme involving two precious metals dealers who swindled senior citizens.

  • April 03, 2024

    Trampoline Park Can't Arbitrate Injury Suit, Texas Panel Says

    A Texas appellate court has ruled a trampoline park operator can't force the parents of a child who broke their arm on its property to litigate personal injury claims since there is evidence the company never formed a contract with the family.

  • April 03, 2024

    Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping

    A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts. 

  • April 03, 2024

    Houston-Area Indian Temple Accused Of Branding 11-Year-Old

    A Houston-area Indian temple has been hit with a lawsuit by a man who says his 11-year-old son was branded during a cultural ceremony without his consent.

  • April 03, 2024

    ITC To Pay $6.6M To DOJ, Texas Over 2019 Chemical Fire

    The owner of a chemical storage facility has agreed to pay more than $6.6 million in connection with natural resource damage stemming from a 2019 fire that burned for six days at a plant southeast of Houston, the U.S. Department of Justice announced Tuesday.

  • April 03, 2024

    EPA Faces Down Water Rule Challenge In Texas

    The federal government has asked a Texas federal judge to toss lawsuits filed by Texas, Idaho and more than a dozen industry groups challenging the U.S. Environmental Protection Agency and Army Corps of Engineers' rule defining the extent of the Clean Water Act's reach.

Expert Analysis

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

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    A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Texas Storms Drive Coverage Litigation And Key Rulings

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    Given the frequency and magnitude of extreme weather events across Texas, first-party coverage claims continue to dominate high-profile litigation in the state, bringing significant recent decisions on attorney fees, appraisal, allocation and other important insurance topics, says Laura Grabouski at Holden Litigation.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Defense Practice Pointers In Venezuela Bribe Case Dismissal

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    A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Aviation Watch: Osprey Aircraft May Face Tort Claims

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    A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Prepping For OSHA Standard On Violence Risk In Health Care

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    Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.

  • Sales Reps In The Operating Room: How To Manage The Risks

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    While having a medical device sales representative providing advice during a surgery can be helpful, especially as medical technology continues to advance, their presence can also create exposure to tort claims and litigation alleging unauthorized practice of medicine, say attorneys at Sidley.

  • Opinion

    Has The NCAA Not Learned NIL Policy Lessons Of The Past?

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    The NCAA has applied its heavy hand — which has been slapped back by courts and legislatures — again, saying that colleges must comply with its name, image and likeness policies even if they conflict with state laws, but recent antitrust decisions might caution against its reasoning, says Kenneth Jacobsen at Temple University.

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