Texas

  • February 08, 2023

    DOE Shirked Climate In LNG Export Approvals, Sierra Says

    The Sierra Club told the D.C. Circuit that the U.S. Department of Energy failed to take into account national and international commitments to combat climate change when it approved additional liquefied natural gas exports from a pair of not-yet-built terminals on the Gulf Coast

  • February 08, 2023

    5th Circ. Revives Charges Against 2 In Venezuela Bribery Case

    The Fifth Circuit on Wednesday revived a criminal complaint against two Venezuelans charged in an international scheme in which U.S.-based businesses allegedly bribed Venezuelan officials for favorable treatment from state-owned oil company Petroleos de Venezuela SA, saying U.S. laws applied to the case.

  • February 08, 2023

    5th Circ. Grills Union Over Arbitrator's Deadline Ruling

    A Fifth Circuit panel on Wednesday tried to suss out how much time a collective bargaining agreement gave the Communications Workers of America to escalate an employee grievance, asking the union's attorney at one point whether an arbitrator abused her discretion by ruling the union had missed its deadline.

  • February 08, 2023

    5th Circ. Judge Decries CFTC 'Bully' In Election Betting Suit

    A panel of Fifth Circuit judges on Wednesday appeared to side with election betting site PredictIt Inc. in its fight with the U.S. Commodity Futures Trading Commission over a letter the agency sent the platform ordering it to shut down, with one judge saying the CFTC's ability to do so without explanation "sounds like a license to bully."

  • February 08, 2023

    5th Circ. Doubts Texas Tuition Perk Crosses State Borders

    A Fifth Circuit panel expressed doubts Wednesday about whether non-Texas residents who are U.S. citizens get to pay the same lower in-state tuition as immigrant students lacking permanent legal status who are residents of the state, suggesting federal law doesn't clearly mandate that outcome.

  • February 08, 2023

    Geico Tells 5th Circ. Class Reps Are Atypical

    Geico urged a Fifth Circuit panel to undo a Texas federal judge's decision to certify a class of customers who say the insurer shorted them on repayments for damaged vehicles, arguing on Wednesday that the lead plaintiffs in the suit are making claims that don't apply to the majority of the class.

  • February 08, 2023

    Applied Materials Gets PTAB To Ax 4 Circuit Tech Patents

    The Patent Trial and Appeal Board has wiped out four semiconductor manufacturing patents that are at the center of various federal infringement suits against technology giants like Huawei and MediaTek, finding that the challenged claims are rendered obvious by prior art.

  • February 08, 2023

    Contractor Denied $1.1M Over Knowledge Of DOL Mistake

    A Virginia-based information technology business won't get $1.1 million on a U.S. Army task order for community services support after an administrative board faulted the company for submitting a bid based on information it knew was incorrect.

  • February 08, 2023

    Alex Jones Says Sandy Hook Suit Would Deplete Ch. 11 Cash

    Bankrupt conspiracy theorist Alex Jones told a Texas court that allowing state court defamation litigation brought by surviving family members of a Sandy Hook shooting victim to proceed despite his Chapter 11 case would deplete the resources of the estate, harming all creditors.

  • February 08, 2023

    Texas Panel Lets Hog Catching Contest Escape PETA Suit

    An appeals court said Wednesday that an annual feral hog catching contest hosted in a small Texas town can escape lawsuit, affirming a lower court's holding that the People for the Ethical Treatment of Animals Inc. and its former employee didn't adequately prove they were injured by the event.

  • February 08, 2023

    Promoter Sues Texas Bars For Streaming Boxing Match

    Joe Hand Promotions is suing Champ's Sports Grill and Bar, Savage Tavern and many other establishments in Texas for allegedly pirating and streaming a boxing match between Deontay Wilder and Tyson Fury in February 2020, saying it had the exclusive right to distribute the fight for public showings.

  • February 08, 2023

    5 AGs To Take Contractor Wage Bump Challenge To 9th Circ.

    Republican attorneys general from five states plan on asking the Ninth Circuit to flip an Arizona federal judge's ruling that President Joe Biden had the authority to raise the minimum wage for federal contractors to $15 an hour.

  • February 08, 2023

    5th Circ. Hears Debate On Police Reports And Defamation

    Attorneys for a delivery truck driver and the former parent company of Bath & Body Works Inc. and Victoria's Secret debated Wednesday whether a police report made about a private individual can be considered defamatory, with attorneys for the parent company telling the Fifth Circuit that a report made by two employees to Louisiana police about the driver possibly stealing merchandise is "not necessarily" the same as "saying 'This man is a criminal.'"

  • February 08, 2023

    Sandy Hook Families Retain Investigations Firm In Ch. 11 Case

    Investigations firm Nardello & Co. has agreed to advise a committee of unsecured creditors on a pro bono basis in connection with the bankruptcy proceedings that right-wing media figure Alex Jones initiated after he was hit with a combined $1.4 billion in judgments for defamation after spreading lies that the Sandy Hook Elementary School shooting was a hoax.

  • February 08, 2023

    5th Circ. Won't Reinstate Financial Adviser's Retaliation Suit

    The Fifth Circuit refused to revive a Hispanic former financial adviser's lawsuit claiming Edward Jones fired him for complaining he was passed over for a position because of his race, finding he failed to demonstrate a connection between his complaints and his termination.

  • February 07, 2023

    Texas Says HHS Can't Make Pharmacies Sell Abortion Pills

    The Biden administration cannot require pharmacies to dispense prescription abortion medication, the state of Texas said in a lawsuit Tuesday, arguing that the U.S. Department of Health and Human Services' guidance cannot preempt state abortion laws.

  • February 07, 2023

    La. Meat Labeling Law 'Orwellian,' Tofurky Co. Tells 5th Circ.

    The maker of Tofurky and other plant-based meat substitutes told the Fifth Circuit that a Louisiana prohibition on using meat-related terms for non-meat foods was "Orwellian" during oral arguments on Tuesday that also included a debate on whether a hamburger was misleadingly named because it includes no ham.

  • February 07, 2023

    Judge Advises Against Oil Co. Dismissal Bid In Pipeline Suit

    A Texas magistrate judge has recommended that Dynamic Industries Saudi Arabia Ltd., an offshore engineering and maintenance company for oil and gas facilities, change tack in seeking to escape a Singaporean subcontractor's maritime breach-of-contract suit over allegedly unpaid pipeline work.

  • February 07, 2023

    Samsung Says Insurer Shorted Chip Plant On $400M Uri Claim

    A Samsung unit sued Factory Mutual Insurance Co. over more than $400 million in Winter Storm Uri-related damage to its Texas semiconductor chip manufacturing facility, accusing the insurer of scheming to systematically lowball claims stemming from the February 2021 storm.

  • February 07, 2023

    Kramer Levin Attorney's 'Baseless Attacks' Earn PTAB Block

    The Patent Trial and Appeal Board on Tuesday blocked Kramer Levin Naftalis & Frankel LLP's Silicon Valley office managing partner from representing Centripetal Networks in a patent challenge, citing his 2021 sanctions for baselessly accusing Amazon of relying on antisemitism to win over a jury. 

  • February 07, 2023

    Bank Cuts $100M Deal With $24M Fees In Stanford Ponzi Fight

    The court-appointed receiver of the $7 billion scheme run by convicted Ponzi scammer Robert Allen Stanford notified the Texas federal judges presiding over related investor litigation of Trustmark National Bank's proposed $100 million settlement, which is being vetted on an expedited basis and includes $24.2 million in attorney fees.

  • February 07, 2023

    TotalEnergies Unit Can't Stop Enforcement Case, FERC Says

    The Federal Energy Regulatory Commission on Monday urged a Texas federal court to reject a TotalEnergies unit's bid to halt a gas market manipulation probe, saying the company can't challenge an enforcement case that hasn't been completed yet.

  • February 07, 2023

    '2000 Mules' Creators Want Out Of Defamation Suit

    The creators of "2000 Mules" want a Georgia federal judge to dismiss defamation, invasion of privacy and conspiracy claims filed against them by a man who says they used footage of him lawfully voting as proof that hired "mules" trafficked and cast fraudulent ballots in the 2020 election.

  • February 07, 2023

    5th Circ. Hints Support For Sweeping Bostock Carveouts

    A Fifth Circuit panel signaled Tuesday it may leave in place broad, faith-related exemptions that a trial court grafted into the U.S. Supreme Court's landmark Bostock decision, carveouts that gave religious employers leeway to flout anti-discrimination protections for LGBTQ workers.

  • February 07, 2023

    Border Patrol Chiefs Tell Lawmakers More Resources Needed

    A pair of border patrol chiefs mostly tried to dodge partisan politics Tuesday during a House oversight committee hearing as they addressed their respective challenges along the U.S.-Mexico border, which saw record migrant crossings last year.

Expert Analysis

  • Crypto Coverage After FTX Fall: Crime And Custody Coverage

    Author Photo

    Cryptocurrency firm FTX's recent implosion provides a case study for potential crypto exposure under traditional insurance policies, and suggests carriers should ask some basic underwriting questions, including whether a company engages in transactions involving cryptocurrencies or holds digital assets in custody, says Anjali Das at Wilson Elser.

  • Texas Noncompete Law's Atty Fee Preemption Status In Limbo

    Author Photo

    A recent Federal Trade Commission proposal to ban employee noncompete agreements will not be enough to resolve the inconsistent holdings on whether the Texas Covenants Not to Compete Act preempts an attorney fees award by a suing employer, leaving the issue unsettled until the Texas Supreme Court weighs in, say Clarissa Medrano and Alan Marcuis at Hunton.

  • The Discipline George Santos Would Face If He Were A Lawyer

    Author Photo

    Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

  • Financial Services, Fintech Are Top CFPB Areas To Watch

    Author Photo

    Amid a flurry of recent developments related to the consumer financial services and fintech sectors, the Consumer Financial Protection Bureau's enforcement trends show it is focusing on large corporate repeat offenders, fair lending, junk fees, consumer data and more, says Eamonn Moran at Norton Rose.

  • Fed. Circ. Oil Tech Patent Ruling Drills Down On Indefiniteness

    Author Photo

    The Federal Circuit's recent patent ruling in Grace Instruments' suit against Chandler Instruments over drilling fluid technology raises important questions for litigators, including whether disputed terms expressly construed by the court may still be indefinite in view of potential unresolved factual issues, say attorneys at Cooley.

  • A Litigation Move That Could Conserve Discovery Resources

    Author Photo

    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Navigating DOJ's Fresh Focus On Criminal Monopoly Charges

    Author Photo

    For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.

  • Litigators Should Approach AI Tools With Caution

    Author Photo

    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • How Proposed BOEM Regs Will Boost Offshore Wind Projects

    Author Photo

    Newly proposed offshore wind project regulations from the Bureau of Ocean Energy Management represent a substantial regulatory shift that will improve transparency around the timing of lease auctions, streamline approval and oversight for projects in development, and provide needed guidance for future projects, say attorneys at K&L Gates.

  • Crypto Coverage After FTX Fall: Accountant And Atty Liability

    Author Photo

    The recent fall of cryptocurrency firm FTX highlights complexities regarding accounting and tax reporting for digital assets, and reveals lawyers’ potential liability exposure when providing services to crypto firms — as a result, insurers may face unintended vulnerabilities related to this nebulous landscape, say Anjali Das and Farzana Ahmed at Wilson Elser.

  • High Court Google, Twitter Cases Could Mold Internet's Future

    Author Photo

    The U.S. Supreme Court is set to hear social media content cases Gonzalez v. Google and Twitter v. Taamneh next month — and if it adopts a narrow view that Section 230 does not free technology companies of liability for AI-generated content, it will have a far-reaching impact, says Nicole Gutierrez at Telus International.

  • 5th Circ. Confidential Witness Ruling Is A Big Change

    Author Photo

    The Fifth Circuit's recent ruling in Oklahoma Firefighters Pension and Retirement System v. Six Flags that confidential witness claims can be sufficient to establish scienter is a significant message that anonymous witness allegations should be credited, and plaintiffs should feel more confident including these claims in their securities fraud complaints, say James Christie and David Saldamando at Labaton Sucharow.

  • Strategies For Cos. Navigating NY Digital Fair Repair Act

    Author Photo

    New York's recently enacted Digital Fair Repair Act requires original equipment manufacturers for electronic devices to provide diagnostic and repair information to both consumers and independent repair shops, so companies should prepare strategies to overcome compliance challenges regarding copyright and end user license agreements, say attorneys at Carter Ledyard.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

    Author Photo

    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
    Author Photo

    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!