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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
Real Estate Recap: REIT Activism, Enviro Policy, Power Woes
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.
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January 10, 2025
Texas High Court Flips Course To Hear Boeing Back Pay Suit
The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.
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January 10, 2025
Landry's Resorted To 'Nasty' Tactics In TM Row, Jury Told
An attorney for a Texas whiskey-maker told a Houston jury Friday that lawyers for Landry's LLC used "nasty" tactics as he urged the panel to rule that his client hadn't ripped off the name of the restaurant and entertainment conglomerate.
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January 10, 2025
Infosys Files Antitrust Counterclaims In Trade Secrets Suit
Healthcare payments software company Infosys has hit back with antitrust counterclaims against Cognizant TriZetto Software Group's Texas federal court suit accusing Infosys of abusing its system access to develop competing services.
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January 10, 2025
Feds Want 16 Mos. For Oath Keepers' Atty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group should be sentenced to 16 months in prison for her participation in the Jan. 6, 2021, attack on the U.S. Capitol, prosecutors have told a D.C. federal judge, saying her conduct and lack of remorse warrants a significant sentence.
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January 10, 2025
Justices To Review Block On Expanded Student Loan Benefits
The U.S. Supreme Court on Friday agreed to review the Fifth Circuit's block on expanded benefits under a federal program that forgives student loans for borrowers defrauded by higher education institutes.
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January 10, 2025
Justices To Review ACA Preventive Care Fight
The U.S. Supreme Court agreed Friday to review a Fifth Circuit decision finding a task force setting coverage requirements on preventive care was unconstitutional, setting up a high-stakes battle over the Affordable Care Act that could affect individuals' insurance coverage for things like colon and breast cancer screenings.
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January 10, 2025
American Airlines Faulted For ESG Focus In 401(k) Plan
A Texas federal judge ruled Friday that American Airlines violated federal benefits law by emphasizing environmental, social and governance factors in its 401(k) plan decisions, but he put off deciding whether the retirees suffered losses and what remedy they should receive.
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January 10, 2025
Abbott Taps Military Vets For Judicial Conduct Commission
Texas Gov. Greg Abbott on Friday announced two new appointments to the state's 13-member Commission on Judicial Conduct, an unpaid board that investigates claims of judicial misconduct and incapacity and recommends discipline for judges found to have committed wrongdoing.
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January 10, 2025
Feds To Return $55M In Fees For Axed Immigration Program
U.S. immigration officials will refund some $55 million in fees tens of thousands of unauthorized immigrants in the country paid to apply for relief through a parole-in-place process that courts struck down.
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January 10, 2025
J&J Talc Claimants Seek Sanctions Over Morelli No-Show
A group of attorneys representing talc claimants in Johnson & Johnson unit Red River Talc's Chapter 11 case has urged a Texas bankruptcy judge to sanction Morelli Law Firm PLLC's founding partner, Benedict Morelli, for allegedly failing to appear in person at a December hearing and falsely claiming to have resolved a dispute with the talc group.
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January 10, 2025
Butler Snow Grows In Austin With 14-Atty Boutique Pickup
Butler Snow LLP announced a major expansion of its Austin, Texas, office by hiring 14 attorneys from area boutique Enoch Kever PLLC, which the firm said increases its capabilities in areas such as advocacy and appellate.
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January 10, 2025
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation With Representation, Constellation acquires Calpine, Cintas seeks a deal with UniFirst Corp., Stryker Corp. acquires Inari Medical Inc., and Paychex Inc. buys Paycor.
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January 10, 2025
Constellation Energy Buying Calpine In $26.6B Megadeal
Constellation has agreed to acquire Calpine at a net purchase price of $26.6 billion, in a deal that will merge two of the largest power generation companies in the U.S., the companies announced Friday.
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January 09, 2025
Tort Report: Philadelphia Tops Annual 'Judicial Hellhole' List
Philadelphia's designation by a tort reform group as a top "judicial hellhole" and the nation's largest medical malpractice verdict ever lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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January 09, 2025
IP Forecast: OpenAI, Microsoft Look To Toss NYT Case
OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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January 09, 2025
Texas Hits TikTok With Another Suit Over Child-Online Safety
Texas hit TikTok with another lawsuit in the Lone Star State court following similar consumer protection suits, accusing the social media giant — which is facing a ban in the U.S. — of deceptively marketing its purportedly addictive app as safe for minors despite letting explicit material run rampant on the platform.
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January 09, 2025
Steptoe & Johnson Boosts Dallas Headcount With 3 Attys
Steptoe & Johnson PLLC boosted its Texas ranks Thursday with three seasoned attorneys who will bring in experience in mergers and acquisitions, lending, and commercial real estate, a move the firm claimed would help bolster its long term growth plan.
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January 09, 2025
5th Circuit Wrong To Toss Subsidy Fund, FCC Tells High Court
The Federal Communications Commission urged the U.S. Supreme Court to overturn last year's Fifth Circuit decision gutting the FCC's multibillion-dollar subsidy fund, arguing the appeals court got it wrong in finding Congress unlawfully relinquished its taxing powers.
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January 09, 2025
Whiskey Maker Says 'Landry' Name Use 'Isn't Just About Me'
The owner of a whiskey company accused of ripping off the name used by a host of hospitality brands owned by Houston billionaire Tilman Fertitta testified that he started his company with the honest belief that the name "Landry" was available for use for liquor sales.
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January 09, 2025
J&J Spin-Off Says Talc Committee Can't Hire Brown Rudnick
Johnson & Johnson's bankrupt spin-off called Brown Rudnick's bid to represent an official committee of talc claimants "an ethical violation," telling a Texas bankruptcy judge that the law firm's previous work for a group trying to toss the case clashes with the committee's support for its Chapter 11 plan.
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January 09, 2025
Texas Oil Well Operator's Ch. 11 Plan Approved With Releases
Oil well operator Independence Contract Drilling received approval Thursday from a Texas bankruptcy judge for its Chapter 11 reorganization plan, which includes consensual third-party releases.
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January 09, 2025
Guards, ICE Detention Contractor Wage Deal Approved
A detention officer's suit accusing the operator of a U.S. Immigration and Customs Enforcement detention center of unpaid preshift work will come to an end after a Texas federal judge signed off Thursday on a sealed settlement.
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January 09, 2025
Meta Gets Partial PTAB Win On 2 Electronic Device Patents
The Patent Trial and Appeal Board has found that Meta Platforms Inc. was able to show that some claims in a pair of Eight kHz LLC patents were not valid, but upheld many other claims as part of a larger intellectual property fight between the parties.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.