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Texas
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August 16, 2024
Crypto Promoter Gets OK To Appeal Securities Ruling At 5th Circ.
A Texas federal judge on Friday granted a cryptocurrency influencer's bid to immediately appeal an adverse ruling that his promotion of so-called SPRK tokens had sufficient ties to the U.S. since the question of whether his alleged activity is beyond the reach of federal securities regulators could resolve the suit.
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August 16, 2024
Receiver Went Too Far In Settling Nate Paul Entity Dispute
A Texas appeals court found this week that a receiver acted beyond the scope of his authority when he settled a dispute between a lender and an entity associated with embattled real estate developer Nate Paul.
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August 16, 2024
Owner Of Elite Baseball Teams Sues Over Broken $1.3M Deal
The owner of a company that sponsors elite high school baseball teams has accused two companies of failing to pay him the $1.3 million he was owed after selling them his business, according to a suit filed Friday in Texas federal court.
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August 16, 2024
Feds To Appeal Platinum Win Over Zero Loss, Count Toss
Federal prosecutors have notified the Second Circuit that they'll appeal a judge's findings that the loss amount in the case of Platinum Partners co-founder Mark Nordlicht was zero and the wire fraud conspiracy counts against Nordlicht and another would be dismissed, despite Nordlicht's conviction.
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August 16, 2024
Texas AG Wants Border Patrol To Turn Over Communications
The Texas Office of the Attorney General has sued U.S. Customs and Border Protection in federal court, seeking for the agency to turn over communications with a Catholic Charities representative, which the attorney general said could be aiding in illegal crossings of the U.S.-Mexico border.
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August 16, 2024
Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight
The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.
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August 16, 2024
Deal Struck After Jury Clears US Well On Halliburton Patents
U.S. Well Services LLC and Halliburton Energy Services Inc. have agreed to a settlement in principle to resolve their long-running patent infringement dispute, which has seen several patents invalidated, according to a joint motion the parties filed after a jury cleared U.S. Well of infringing three still-registered Halliburton patents.
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August 16, 2024
Cisco Gets Another Shot At Sinking Network Security Patent
The Federal Circuit on Friday told the Patent Trial and Appeal Board to take another look at a ruling upholding language in a network security technology patent at the heart of Cisco Systems Inc.'s fight with a litigation outfit.
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August 16, 2024
Challenge To SEC Database Not Too Late, Investors Argue
The Texas investors suing the U.S. Securities and Exchange Commission to stop the collection of trading information through a central database have hit back against the agency's arguments that the lawsuit was filed 12 years too late, saying they have ongoing concerns that their private information could be compromised.
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August 16, 2024
Texas Injury Firm's Ex-Associate Must Face Poaching Suit
A Texas state appeals court refused to dismiss a suit accusing a former associate of Daspit Law Firm PLLC of improperly poaching clients following his firing in 2022, saying his conduct isn't covered by state statute protecting citizens from retaliatory lawsuits.
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August 16, 2024
Former Texas Judge Sanctioned Over Atty Romance Interview
Former bankruptcy judge David R. Jones was sanctioned Friday for an "off the record" interview with Jackson Walker LLP, in which he asked the firm not to take his deposition during a federal investigation into Jones' secret romantic relationship with a former Jackson Walker partner.
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August 16, 2024
5th Circ. Nixes Injunction Denial In Texas Electioneering Suit
The Fifth Circuit blocked a Texas county's new electioneering rules Thursday, reversing a district court's ruling rejecting a preliminary injunction motion from local conservative groups and holding that the regulations on signage near county-owned voting locations and other provisions likely violate the First Amendment.
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August 16, 2024
5th Circ. Tosses Appeal In FTC's Anesthesia Antitrust Case
The Fifth Circuit has agreed with the Federal Trade Commission and tossed an early appeal from U.S. Anesthesia Partners in the agency's case accusing the group of monopolizing the Texas anesthesiology market through a "roll-up" strategy.
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August 16, 2024
SEC Seeks Default Judgment In $8.4M Ponzi Scheme Case
The U.S. Securities and Exchange Commission has asked for a default win in its suit against a pair of investment firms that allegedly took part in an $8.4 million Ponzi scheme, arguing the request is warranted after the firms' owners tried unsuccessfully to file pro se responses on the firms' behalf.
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August 16, 2024
Fed. Circ. Urged Not To Rehear $20M Google Royalty Ruling
EcoFactor Inc. urged the Federal Circuit to reject Google LLC's bid for a full court rehearing of its split panel decision to uphold a $20 million patent infringement damages award in EcoFactor's favor, arguing that Google is looking to create a "rigid rule" that will only enable more patent infringement.
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August 16, 2024
Gibson-Led Energy Biz Wraps $106M Natural Gas Assets Buy
Petroleum company Diversified Energy said Friday that it has completed the $106 million acquisition of natural gas assets in eastern Texas from Crescent Pass Energy LLC in a move that increased its footprint in the central U.S.
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August 15, 2024
Uber Gets Most Claims Tossed In Driver Assault MDL, For Now
A California federal judge on Thursday threw out the majority of claims from California and Texas Uber riders in multidistrict litigation that aims to hold the ride-hailing company liable for their sexual assaults; however, the judge gave the plaintiffs the opportunity to amend those claims.
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August 15, 2024
Baker Botts, Sumner Schick $14M Fee Hit As 'Unreasonable'
Baker Botts LLP and Sumner Schick LLP's request for $14.3 million in attorney fees plus $1.8 million in costs following their client Computer Sciences Corp.'s $168.4 million trade secrets verdict against Tata Consultancy Services is "facially unreasonable," the consulting firm told a Texas federal judge Wednesday.
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August 15, 2024
Collin County Gets Win In Ken Paxton Prosecution Fee Fight
A Texas appeals court handed Collin County a victory Thursday in a long-running fight over how much special prosecutors should get paid for the criminal case against Texas Attorney General Ken Paxton, ordering the trial court to vacate its past orders awarding attorney fees to the prosecutors.
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August 15, 2024
2023 Rule Revising Hospital Payments Struck Down
A Texas federal judge on Thursday sided with about a dozen hospitals challenging a federal regulation that they say will curtail their payments for treating low-income patients, declaring the rule unlawful and setting it aside.
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August 15, 2024
You Can Drive 100 Miles, Albright Tells Texas Instruments
Dallas-based Texas Instruments Inc. failed Thursday to persuade U.S. District Judge Alan Albright of the Western District of Texas to let a patent lawsuit leave his jurisdiction, in part because of the "less than 100 miles" between Waco and the federal courthouse in Dallas.
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August 15, 2024
Feds Say Texas Lacks Standing To Join Asylum-Limits Suit
The federal government is reiterating its arguments that the state of Texas should not be allowed to join a lawsuit challenging the Biden administration's newest limits on asylum seekers, arguing Thursday that a Texas federal judge's dismissal of the state's challenge to a 2023 asylum rule was instructive.
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August 15, 2024
Judge Wary Of Paxton's Bid To 'Annihilate' Houston Nonprofit
A Texas state judge indicated Thursday that he was hesitant to allow Texas Attorney General Ken Paxton to file a suit seeking to take away an immigrant-led nonprofit's corporate charter, telling attorneys that Paxton was asking him "to go zero to 100" by seeking "annihilation" of the entity.
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August 15, 2024
Gas Co. Tells Chancery Texas Settlement Spikes Pipeline Duty
A settlement and Texas court's direction to vacate an earlier arbitration award has revived an Energy Transfer LP subsidiary's bid to scuttle a Delaware Court of Chancery order requiring it to build costly, high-pressure natural gas pipelines for free.
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August 15, 2024
Texas Trio Willfully Stole Lewis Brisbois Name, Judge Says
A Texas mediation service that named itself after BigLaw behemoth Lewis Brisbois Bisgaard & Smith LLP and told the firm to "come and take it" has infringed Lewis Brisbois' trademark and must pay its attorney fees from the bitter suit, which racked up over 300 docket entries in under two years, a Texas federal judge has ruled.
Expert Analysis
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Air Ambulance Ruling Severely Undermines No Surprises Act
A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.
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Justices' Removal Ruling Presents Hurdles, But Offers Clarity
The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Next Steps After 5th Circ. Nixes Private Fund Adviser Rules
The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.