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September 18, 2024
Texas Powerhouse: Bracewell LLP
Bracewell LLP has been helping clients navigate billion-dollar deals and other big projects, while securing major courtroom wins, since its founding in the Lone Star State just shy of eight decades ago, earning it a spot among Law360's Regional Powerhouses of 2024.
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September 18, 2024
Norton Rose Adds Family Office Ace From Sidley In Dallas
Norton Rose Fulbright has expanded its Dallas shop with the addition of a former Sidley Austin LLP attorney to its corporate, mergers and acquisitions, and securities practice who boasts substantial expertise in the family office industry.
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September 17, 2024
Allstate Freed From Texas Auto Insurance Class Action
A Texas federal judge handed Allstate a win in a proposed class action over allegedly discriminatory auto insurance premium rates, adopting a magistrate judge's recommendations that the class not be certified and that the insurer be freed from the suit before trial.
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September 17, 2024
Another Texas Judge Halts NLRB Case Over Constitutionality
A Texas federal judge granted an injunction Monday to halt administrative proceedings at the National Labor Relations Board filed by a social services search engine, finding that the employer was likely to succeed on the merits of its argument that agency judges are unconstitutionally shielded from removal by the U.S. president.
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September 17, 2024
Texas Fertility Clinic Hid 'Catastrophic' Lab Issue, Couples Say
Five couples accused a Houston fertility institute of hiding "catastrophic" laboratory issues that affected patients' embryos, saying in a lawsuit that the entity instead injected multiple hopeful mothers with "dead or dying" eggs.
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September 17, 2024
SEC Fines 12 Muni Advisers $1.3M In Texting Probe Actions
The U.S. Securities and Exchange Commission on Tuesday fined 12 municipal advisory firms a combined $1.3 million over their failure to keep records of employees' use of text messages and other so-called off-channel communication methods to conduct business.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Munsch Hardt's Incoming CEO On The 'Heart' Of Texas Firm
The newly elected CEO of Lone Star State mid-sized Munsch Hardt Kopf & Harr PC is proud of the nearly 40-year history of success of the firm and plans to keep it on its current trajectory when he takes the helm at the start of 2025.
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September 17, 2024
Eversheds US Chief-Elect Talks Firm Goals, DC Move Plans
Eversheds Sutherland named Lino Mendiola III the chief executive-elect for the U.S. side of the firm on Monday. Here, Mendiola talks to Law360 about his goals, his plans to continue the firm’s culture of innovation and why he’s transferring from Austin, Texas, to Washington, D.C., with the promotion.
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September 17, 2024
Texas Powerhouse: Haynes and Boone
Haynes and Boone LLP charted a 7% growth in headcount last year on the heels of several significant merger and acquisition deals, attributing its success in part to a focus on mutual support within the firm and keeping retention high.
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September 17, 2024
Ex-Skadden Atty Joins Board Of Oil Property Co. LandBridge
Oil property acquirer LandBridge Co. has added a former Skadden Arps Slate Meagher & Flom LLP partner to its board, where the company hopes to benefit from her capital markets and corporate governance expertise.
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September 17, 2024
First Financial Finds New GC In MidFirst Bank Deputy
The Texas bank operating as First Financial has tapped a new legal leader from Oklahoma's MidFirst Bank.
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September 16, 2024
Colony Ridge Mortgage Co. Free Of Lending Suit, For Now
A federal judge on Friday gave the Consumer Financial Protection Bureau 30 days to amend its predatory lending lawsuit against a Texas mortgage company and a Houston-area real estate developer and lender, dismissing for now the government's claims that the mortgage company intentionally targets Hispanic consumers.
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September 16, 2024
Mass. Accounting Firm Hit With Data Breach Class Claims
Accounting firm Katz Nannis + Solomon PC failed to safeguard sensitive client information and enabled a 2023 data breach, according to a proposed class action in Massachusetts federal court.
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September 16, 2024
5th Circ. Judge Chides High Court Calls in Abortion Pill Case
U.S. Circuit Judge James C. Ho on Monday threw shade at the U.S. Supreme Court and the Biden administration over what he described as side-switching on federal conscience laws for doctors.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
Biden Methane Rule Is Gov't Overstep, ND Judge Rules
The Biden administration can't enforce a rule aimed at curbing methane gas emissions from federally held oil and gas leases in a coalition of Republican-led states led by North Dakota after a federal judge found the states had sufficiently shown the government may have overstepped its authority.
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September 16, 2024
FDA Warns Vape Retailers About Approval Inadequacies
The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.
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September 16, 2024
Texas Trio Ordered To Pay Lewis Brisbois $1.5M After TM Spat
A Houston federal judge ordered a Texas trio to pay more than $1.5 million in statutory damages to Lewis Brisbois Bisgaard & Smith LLP after finding last month that the group willfully stole the BigLaw behemoth's name for its mediation business in 2022.
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September 16, 2024
Raytheon Fails To Sink Ex-Worker's Age Discrimination Case
A Texas federal judge refused Monday to throw out an age discrimination suit accusing defense contractor Raytheon of wrongfully firing a longtime employee after he tapped a male co-worker on the backside with a cafeteria tray.
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September 16, 2024
5th Circ. Rejects Favre's Hail Mary In Sharpe Defamation Fight
The Fifth Circuit on Monday affirmed the dismissal of Brett Favre's defamation suit against fellow former NFL star Shannon Sharpe, who called him a "sorry mofo" on air, ruling Sharpe was allowed to express his opinions about Favre's alleged involvement in a sprawling Mississippi welfare fraud scheme.
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September 16, 2024
Texas Powerhouse: Vinson & Elkins
Vinson & Elkins LLP, a law firm with deep Texas roots that began growing with its Houston founding more than a century ago, played a role in multiple traditional and renewable energy deals, including a $26 billion merger between Endeavor Energy Resources and Diamondback Energy, while also advising Southwest Airlines in investments related to sustainable aviation fuel.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Real Estate Recap: Foreclosure Legal Fees, Climate Resilience
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.
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September 13, 2024
Samsung Hit With $192M Verdict In Wireless Charging IP Fight
A Texas federal jury on Friday found that Samsung owes Mojo Mobility Inc. $192.1 million for infringing five wireless charging patents with its Samsung Galaxy smartphones and other devices.
Expert Analysis
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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2 Years Of Waco: How Patent Case Distribution Has Changed
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Opinion
Texas Judges Ignored ERISA's Core To Stall Fiduciary Rule
Two recent rulings from Texas federal courts, which rely on a plainly wrong reading of the Employee Retirement Income Security Act to effectively strike a forthcoming rule that would impose functional fiduciary duties onto sellers of investment services, may expose financially unsophisticated 401(k) participants to peddlers of misleading advice, says Mark DeBofsky at DeBofsky Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges
James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.