Texas

  • November 15, 2024

    Real Estate Recap: Industry Leaders Weigh In

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.

  • November 15, 2024

    Texas Court OKs Peloton Atty's Suit Against Ex-Coworker

    A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.

  • November 15, 2024

    Texas Appeals Court: $3M Bond For Real Estate Row Stays

    A Texas appeals court found Thursday that a real estate company can't lower the bond it has to pay while it appeals its trial loss, saying the trial court got it right by raising the bond beyond what the company wanted because it did not put forward enough evidence.

  • November 15, 2024

    Kroger, Texas Ink $83M Deal Over Opioid Crisis

    Texas announced it has agreed to an $83 million settlement with Kroger to resolve the state's claims alleging the groceries and pharmacy chain maintained practices that contributed to the opioid crisis in Texas, apparently as part of a larger $1.37 billion agreement the retailer recently reached with several states.

  • November 15, 2024

    Texas Staffing Co. Sues State Over Minority Contract Program

    An aerospace staffing agency has sued Texas Gov. Greg Abbott and the state's comptroller in federal court over a program that sets aside a certain percentage of contracts for minority-owned businesses, saying the program unfairly prevents the staffing agency from submitting bids because the company doesn't meet racial requirements.

  • November 15, 2024

    SEC Says Risky Bond Recommendations Violated Reg BI

    A Texas-headquartered broker-dealer has agreed to pay nearly $154,000 to resolve U.S. Securities and Exchange Commission allegations that it improperly recommended risky bonds in violation of the federal investor protection measure known as Regulation Best Interest.

  • November 15, 2024

    Tech Co. Urges Judge To Trim Starbucks' IP Counterclaims

    A patent-licensing company has said that an inventor connected to the business shouldn't have been dragged into its suit claiming that Starbucks infringed its patent on meal ordering technology, saying the coffee chain is trying to wrongly expand the case.

  • November 15, 2024

    PetroQuest Gets Interim OK To Tap $847K In Del. Ch. 11

    A Delaware bankruptcy judge Friday granted interim permission for oil and gas company PetroQuest Energy Inc. to access $847,500 of new money financing from its lenders as it plans to sell its assets in East Texas.

  • November 15, 2024

    Paxton Says Texas Porn Site Law 'Modest' Way To End 'Crisis'

    Texas Attorney General Ken Paxton told the U.S. Supreme Court on Friday that a state law requiring visitors to prove their age before accessing content on certain adult-oriented websites is tailored in the most "modest" way possible to address a "public health crisis."

  • November 15, 2024

    Texas Judge Won't Halt CFPB Small-Biz Rule As Banks Appeal

    A Texas federal judge has declined to stay the compliance date of the Consumer Financial Protection Bureau's small-business lending data collection rule while a coalition of bank trade groups appeals his decision to uphold the rule's data collection requirements, saying no circumstances justify such "extraordinary relief."

  • November 15, 2024

    Swedish Debt Collector Intrum Files Prepack Ch. 11 In Texas

    Swedish debt collector Intrum filed its pre-announced, prepackaged Chapter 11 in a Texas bankruptcy court Friday, saying it had secured creditor approval to restructure $4.9 billion in debt.

  • November 15, 2024

    Texas Judge Strikes Down DOL Overtime Rule

    The U.S. Department of Labor lacked the authority to raise the salary threshold for a Fair Labor Standards Act overtime exemption, a Texas federal judge ruled Friday, striking down a hotly contested rule that has been in effect since July.

  • November 15, 2024

    Fed. Circ. Won't Send Smartwatch Patent Case Out Of Texas

    The Federal Circuit on Friday shot down smartwatch maker Zepp Health's bid to transfer a patent infringement case from Texas to California, agreeing with a lower court's finding that the company failed to show the Golden State was the better forum.

  • November 15, 2024

    Off The Bench: NCAA Eligibility Fight, Movie Script Dispute

    In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator and a transgender college athlete's right to compete is challenged by other players.

  • November 15, 2024

    US Courts' Design Standards Increase Size, Costs, GAO Says

    A report by the U.S. Government Accountability Office, publicly released Friday, has found that the judiciary's updated 2021 U.S. courts design guide would likely increase both the size and costs of federal courts.

  • November 15, 2024

    Texas Judge Asked To Bar Biden Policies, Restart Border Wall

    Texas counties and a rancher urged a Lone Star State federal judge Thursday to preliminarily block Biden administration immigration policies they allege run afoul of Congress' goal to have "zero illegal entries" at the U.S.-Mexico border and require the federal government to resume building a wall along the border.

  • November 15, 2024

    Taxation With Representation: Cravath, MoFo, Gibson Dunn

    In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.

  • November 15, 2024

    Texas Justices Say Subpoena Can't Pause Roberson Death

    The Texas Supreme Court on Friday said that a group of bipartisan Lone Star State legislators can't use its committee's subpoena power to pause the execution of a man convicted based on a "shaken baby syndrome" diagnosis.

  • November 15, 2024

    Sterilization Co. Cosmed Hits Ch. 11 Amid Cancer Claims

    Sterilization company Cosmed Group Inc. filed for Chapter 11 protection in a Texas bankruptcy court Thursday with over $100 million in liabilities, much of it related to cancer claims over the gas that it uses for sterilization.

  • November 14, 2024

    Judge Presses SEC Over 'Rogue Employee' In PE Fund Fight

    A Texas federal judge grilled the U.S. Securities and Exchange Commission over the circumstances that led to a private equity fund suing the regulator alleging it carried out a "fishing expedition" investigation, asking the agency about a "rogue employee" during a hearing Thursday.

  • November 14, 2024

    5th Circ. Judge Pummels Judicial Integrity Critics

    Fifth Circuit Judge Edith H. Jones co-opted a panel discussion Thursday to denounce the rise in criticism over purported judge shopping, especially in relation to Texas judges who handled a large portion of lawsuits challenging Biden administration policies, and called on legal groups to do more to defend the judiciary's integrity.

  • November 14, 2024

    Split 5th Circ. Axes Student's Bias Suit Over Right-Wing Beliefs

    An equally divided en banc Fifth Circuit on Thursday refused to revive a high school student's race discrimination suit against his Texas school district, finding that most of the bullying the student allegedly experienced was based on his support of President-elect Donald Trump and conservative viewpoints, not his race.

  • November 14, 2024

    Albright Moves Apple Foes' Patent Suit To California

    Waco's U.S. District Judge Alan Albright has decided to send a patent lawsuit lodged in his court against Apple to the tech giant's home of California, calling the "minimal local interest" provided by local tax breaks "strenuously tied to this case at best."

  • November 14, 2024

    Crypto And Private Fund Groups Push SEC On Dealer Rule

    Crypto industry groups and private fund associations tag-teamed the U.S. Securities and Exchange Commission on Thursday during a hearing over two cases relating to the agency's expanded definition of securities dealers, telling a Texas federal court that the new rule marked a dramatic overreach by the regulator.

  • November 14, 2024

    Cisco Asks Albright To Ax $65.7M IP Verdict, Seeks New Trial

    Cisco Systems Inc. has asked U.S. District Judge Alan Albright to throw out a Texas jury's verdict holding the technology behemoth liable for infringing a patent related to conference calls, saying Cisco suffered "immense" prejudice at trial and that the jury's $65.7 million damages award is "excessive."

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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