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September 27, 2024
Waco Jury Sticks ASUSTeK With $22M Patent Verdict
A Texas federal jury hit Taiwanese computer manufacturer ASUSTeK Computer Inc. with a $22 million judgment on Thursday for infringing patents for a film that redirects natural daylight owned by SVV Technology Innovations Inc., which had asked jurors for nearly $59 million.
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September 27, 2024
Energy Cases To Watch In This US Supreme Court Term
The new U.S. Supreme Court term could be just as action-packed as the previous term was for the energy industry, as the justices will weigh in on how federal agencies conduct environmental reviews and field petitions over climate change policies and lawsuits. Here's a list of energy-related cases to watch this term.
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September 27, 2024
GOP States Sue HHS Over Gender Dysphoria Disability Rule
A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
FCC's Latest Subsidy Fees Disputed Again In 5th Circ.
A free-market litigation group has filed another challenge in the Fifth Circuit to the Federal Communications Commission's quarterly calculation of fees to support an array of telecom subsidy programs.
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September 27, 2024
Colo. Law Voids Cos.' Coverage Agreement, Judge Rules
An oil and gas production company isn't owed coverage by an electrical drilling company for an underlying lawsuit brought by an injured worker, a Colorado federal judge ruled, finding that defense, indemnification and insurance provisions within the companies' agreement are void under state law.
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September 27, 2024
Texas Judge Lets Paxton Probe Of Immigration Nonprofit Go On
Nonprofit legal services provider Las Americas Immigrant Advocacy Center lost a bid on Friday to halt the Texas attorney general's investigation of the organization's activities, with a federal judge saying the group waited too long to file its complaint.
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September 27, 2024
Texas Bar Seeks Non-Atty Rule Changes To Fill Justice Gap
The State Bar of Texas on Friday laid out a series of proposed changes to pending rules set forth by the state Supreme Court for allowing non-attorneys to perform some legal services, citing the need to increase the educational requirements and prohibit certain fee arrangements.
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September 27, 2024
Houston Firm Gets Time In Zeta MDL To Fend Off DQ Bid
A Texas state judge overseeing a multidistrict litigation created to handle claims stemming from Hurricane Zeta agreed Friday to give a Houston law firm more time to respond to a disqualification bid from plaintiff firm Arnold & Itkin, which says an ex-law clerk who now works for the defense improperly accessed relevant case files.
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September 27, 2024
FERC Can't Defend Backtrack On Grid Plan, DC Circ. Told
The Federal Energy Regulatory Commission can't legally justify its about-face on a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint, the D.C. Circuit heard.
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September 27, 2024
NFL Retirement Plan Can't Dodge Ex-Player's Benefits Suit
The National Football League's retirement plan can't fully toss a retired player's suit alleging he was illegally denied retirement benefits after the plan found his rookie season didn't qualify him for it, a Texas federal judge ruled, rejecting the argument that he didn't properly appeal the denial.
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September 27, 2024
Cooley Accused Of Hiding Fraud From Startup Investors
A former board member of a dry-cleaning delivery startup has alleged in New Jersey federal court that Cooley LLP and its attorneys deliberately kept investors in the dark about fraud claims against the startup's chief executive.
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September 26, 2024
SEC Fines Cassava $40M Over Alzheimer's Treatment Claims
Neuroscience-focused biopharmaceutical company Cassava Sciences Inc. and two of its former executives agreed to pay over $40 million to resolve U.S. Securities and Exchange Commission claims related to allegedly misleading statements about clinical trial results for a potential Alzheimer's disease therapeutic, the regulator announced on Thursday.
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September 26, 2024
Texas Supreme Court Leaves State Fair Gun Ban Intact
The state's high court rejected Texas Attorney General Ken Paxton's attempt to toss out the State Fair of Texas' new policy prohibiting fairgoers from carrying handguns, with three justices finding in a late Thursday opinion that, as a private entity, the State Fair has the right to determine if people carry guns at the fair.
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September 26, 2024
Judge Albright Steers Patent Suit Against Volvo To NJ
U.S. District Judge Alan Albright has ruled that the presence of car dealerships in the Western District of Texas, a popular patent jurisdiction, is not enough to keep a patent lawsuit against Swedish carmaker Volvo in his Waco courtroom, transferring the case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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September 26, 2024
5th Circ. Dusts Off FDIC Challenge In Jarkesy's Wake
The Fifth Circuit moved Wednesday to pick back up with a former bank CEO's challenge to Federal Deposit Insurance Corp. enforcement proceedings, taking the case off pause now that the U.S. Supreme Court has upheld a similar challenge involving the U.S. Securities and Exchange Commission.
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September 26, 2024
Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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September 26, 2024
Helicopter-Maker Claims Supplier Had 'Reliability Issues'
A former Fort Worth, Texas-based Bell Helicopter Textron Inc. engineer claimed a supplier at the center of a $100 million trade secrets lawsuit delivered parts that had "reliability issues," saying Thursday during a trial in Texas state court that the supplier had long-standing problems.
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September 26, 2024
$30M Deal Reached In 'Intoxicated' Oil Co. Truck Driver Suit
A woman who sued a Texas oil company claiming that an intoxicated employee crashed a company pickup truck head first into her minivan while she was at a red light is set to get a $30 million settlement, attorneys for the plaintiff announced Monday.
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September 26, 2024
Offended Texas Judge Formally Vacates Buoy Injunction
A Texas federal judge who took umbrage at a state attorney's suggestion that he may ignore the Fifth Circuit's instruction to lift his injunction on the state's buoy barrier in the Rio Grande ceded to the appellate court on Thursday.
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September 26, 2024
Man Says Houston-Area Starbucks Put Racist Joke On Drink
Coffee chain Starbucks was hit with a race discrimination lawsuit Wednesday from a Black man who alleged staff at a Houston-area location put a racist note on his cup when he arrived to pick up a mobile order.
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September 26, 2024
5th Circ. Says Pair Can't Challenge Wi-Fi Program's New Rules
The Fifth Circuit won't take up a challenge to the Federal Communications Commission's new rules allowing for subsidized Wi-Fi off campus through the E-Rate program for schools and libraries, granting the FCC's motion to dismiss the case for lack of jurisdiction while an in-house challenge from the petitioners proceeds.
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September 26, 2024
J&J Is 'Forum-Shopping' In New Spinoff Ch. 11, Trustee Says
The U.S. Department of Justice's bankruptcy watchdog has asked a judge to send the latest Johnson & Johnson talc-liability spinoff bankruptcy to New Jersey, saying Thursday that J&J subsidiary Red River Talc's Chapter 11 petition in the Southern District of Texas is an "assault on the very integrity of the bankruptcy system" and amounts to forum-shopping.
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September 26, 2024
9th Circ. Says Defense Owed In Salesforce Trafficking Row
Travelers must defend Salesforce against consolidated underlying sex trafficking claims being litigated in Texas state court, the Ninth Circuit ruled, rejecting the insurer's position that because Salesforce's alleged violation of Texas sex trafficking statutes necessarily involved expected or intentional conduct, it had no defense obligation.
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September 26, 2024
Atty Can't Shield Bank Records In Judge Romance Probe
A former Jackson Walker LLP lawyer on Thursday lost her bid to torpedo a subpoena from the U.S. Trustee's Office seeking her bank records in connection with an inquiry into her secret relationship with a former Texas federal bankruptcy judge, court records show.
Expert Analysis
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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What Workplace Violence Law Means For Texas Healthcare
While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.