Texas

  • October 09, 2024

    Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling

    Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.

  • October 09, 2024

    Atlanta Braves Pitch Dismissal Or Transfer Of Defamation Suit

    The Atlanta Braves urged a Texas federal judge to dismiss or transfer a defamation lawsuit filed by an auction house alleging the team purposely maligned its image by leaking false claims to the media that the auctioneer was selling memorabilia to which it had no rights.

  • October 09, 2024

    Judge Finalizes $65.7M Verdict Against Cisco In IP Case

    A $65.7 million verdict from earlier this year against Cisco Systems has been finalized by a Western District of Texas judge, in a case where a jury found the company infringed Paltalk's patent related to hybrid audio servers.

  • October 09, 2024

    Texas Electric Co-Op Says EPA Mercury Rule Must Be Nixed

    A Texas electricity co-operative on Tuesday backed a D.C. Circuit challenge to a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants, saying the agency fudged data to saddle the co-op with unachievable emissions reduction requirements.

  • October 09, 2024

    Vinson-Led MCB Sweetens Bid For Whitestone REIT

    MCB Real Estate, guided by Vinson & Elkins LLP, upped its all-cash acquisition proposal for Whitestone REIT by offering to buy it for $15 per share, the investment firm announced.

  • October 09, 2024

    Marriott Inks $52M Deal With States Over Guest Data Breach

    Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.

  • October 09, 2024

    NFL Settles Racism, Retaliation Suit From Reporter Jim Trotter

    Award-winning sports journalist Jim Trotter and the National Football League on Wednesday agreed to settle his federal lawsuit accusing the league and its media arm of retaliating against him for persistently raising concerns about discriminatory hiring.

  • October 08, 2024

    Judge Puts US Trustee's Depo On Ice In Judge Romance Suit

    A Houston judge Tuesday put Jackson Walker's deposition of the U.S. Trustee for the Texas divisions of the bankruptcy watchdog on hold while he considers whether a Justice Department guideline applies to the ongoing dispute surrounding a former Texas bankruptcy judge's secret relationship with an ex-partner of the firm.

  • October 08, 2024

    Texas Looks To Sink Suit Challenging Anti-ESG Law

    Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.

  • October 08, 2024

    RFK Jr. Tells 5th Circ. Biden Admin Is Working To Censor Him

    A Fifth Circuit panel seemed reluctant to buy Robert F. Kennedy Jr.'s argument that it was bound by a case overturned by the U.S. Supreme Court, with one judge saying it shouldn't follow an opinion the nation's highest court had decried as "yuck, yuck, yuck" during oral arguments Tuesday.

  • October 08, 2024

    5th Circ. Urged To Seal Industry Win Over CFPB Exam Policy

    The U.S. Chamber of Commerce and other trade groups on Monday defended their Texas federal court win against a Consumer Financial Protection Bureau policy to expand the agency's anti-discrimination oversight, telling the Fifth Circuit that the agency's effort to reverse its loss is revealingly substance-light.

  • October 08, 2024

    TMX Unit Can't Sue In Texas To Void $52M Pa. Fine, Court Told

    The secretary of the Pennsylvania Department of Banking and Securities has urged a Texas federal judge to toss a suit from an affiliate of consumer lending company TMX Finance, challenging an order from the department seeking more than $52 million in civil penalties over claims tied to loan agreements that allegedly carry interest rates up to 720%.

  • October 08, 2024

    Texas AG Says USCIS Must Hand Over Voter Citizenship Data

    Texas is re-upping its demand that U.S. Citizenship and Immigration Services turn over any information it has regarding the citizenship status of nearly half a million people the state believes might be illegally registered to vote.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    Uber Tells 9th Circ. JPML Can't Consolidate Assault Cases

    Uber Technologies Inc. urged the Ninth Circuit on Tuesday to find that the Judicial Panel on Multidistrict Litigation and a district judge erred in refusing to enforce Uber's "non-consolidation" clause with passengers, arguing the contractual provision binds federal courts and prohibits the JPML from the centralization of sexual-assault litigation before a single judge.

  • October 08, 2024

    Justices Cast Favorable Eye On ATF's Ghost Gun Rule

    The U.S. Supreme Court on Tuesday appeared to side with the federal government's position that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule regulating so-called ghost gun kits was wrongly invalidated by a lower appeals court, with several justices responding favorably to the feds' arguments.

  • October 08, 2024

    40 Private Schools Hit With Aid-Fixing Conspiracy Claims

    Two former college students have hit Northwestern, Harvard and 38 other private universities and colleges with proposed class antitrust claims that they illegally conspired to raise net attendance prices by factoring noncustodial parents' financial information into their non-federal aid eligibility considerations.

  • October 08, 2024

    DOJ Sues LA Fitness Over Nationwide Accessibility Issues

    The U.S. Department of Justice sued gym chain LA Fitness on Tuesday, alleging that it mistreated patrons with disabilities at its nearly 700 locations across the country, including by failing to fix broken pool lift equipment and charging caretakers additional fees.

  • October 08, 2024

    Texas Tribune Can Attend Bail Hearings, 5th Circ. Told

    A Fifth Circuit panel pushed back on a Texas county's argument that the Texas Tribune and other news organizations do not have the right to enter magistration proceedings, asking why the process of setting bail would count as an informal procedure during oral arguments Tuesday.

  • October 08, 2024

    NFL QB Watson Settles With Latest Sexual Assault Accuser

    Cleveland Browns quarterback Deshaun Watson has reached a confidential settlement with the latest woman to accuse him of sexual assault, the woman's attorney, Tony Buzbee of the Buzbee Law Firm, confirmed to Law360 on Tuesday.

  • October 08, 2024

    Mass. Seeks Order Forcing Steward To Maintain Coverage

    Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.

  • October 08, 2024

    5th Circ. Skeptical Of Suit Over NLRB Captive Audience Memo

    The Fifth Circuit gave a cool reception Tuesday to staffing companies challenging a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, with judges questioning whether the document is the type of board action subject to court review.

  • October 08, 2024

    Crypto.com Sues SEC Over 'Unlawful' Crypto Approach

    Crypto.com became the latest crypto exchange to push back on a potential enforcement case from the U.S. Securities and Exchange Commission on Tuesday when it sued the regulator after allegedly receiving a notice that the agency believes it operates as an unregistered broker-dealer and clearing agency.

  • October 08, 2024

    DOL Tells 5th Circ. Decision On Tip Rule Is Too Broad

    The U.S. Department of Labor urged a Fifth Circuit panel to update its decision striking down the department's 2021 rule on tipped wages, saying the opinion is too broad and it should focus on a provision that two restaurant groups challenged.

  • October 08, 2024

    Texas Class Wants Funding Firms To Face Hurricane Ad Suit

    A Texas magistrate judge was wrong to recommend dropping litigation funding companies from a suit alleging a law firm deceptively advertised to hurricane victims, with a proposed class of storm victims arguing the funders must have been aware of the scheme when they loaned the firm $20 million.

Expert Analysis

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

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    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 5 Lessons From Ex-Vitol Trader's FCPA Conviction

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    The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift

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    A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Measuring Early Impact Of Rule 702 Changes On Patent Cases

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    Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

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