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Texas
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August 09, 2024
Jury's $1M Paralysis Verdict Against Insurer Overturned
A Texas federal judge overturned a jury's verdict and decided an insurer didn't have to cover a $1 million settlement between a former high school gymnast who became quadriplegic after taking LSD and the owners of the home where he ingested the drugs.
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August 09, 2024
Ads Group Nixes Anti-Hate Initiative Days After Musk Suit
The World Federation of Advertisers is pulling the plug on an initiative aimed at avoiding advertising next to hate speech and other "illegal or harmful content," days after drawing a lawsuit from Elon Musk's X Corp. calling the program an anticompetitive group boycott.
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August 09, 2024
Barnes & Thornburg Taps Trial Atty As Dallas Office MP
When Thomas Haskins joined Barnes & Thornburg LLP in 2015, he'd practiced law about six years. More than nine years later, the firm where he first became a partner has named him its Dallas office managing partner and elected him to the firmwide management committee, according to an announcement Friday.
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August 09, 2024
5th Circ. Affirms Engineering Co.'s Loaders Don't Get OT
A group of workers for a screw pile engineering company fell under the Motor Carrier Act overtime exemption because they performed loading duties often enough to be covered by the carveout, the Fifth Circuit ruled, backing a Texas federal court's dismissal of their suit.
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August 08, 2024
Jurors Weigh $200M For Carbon Monoxide Leak Victims
Counsel asked jurors during closing arguments Thursday in a Dallas County court to give his two child clients a voice after a carbon monoxide leak allegedly left them partially mute, saying that while his clients can't speak, the jurors can deliver a verdict to "speak for them."
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August 08, 2024
Auto Paint Co. Faces Investor Suit Over Competition Woes
Vehicle paint protection company XPEL Technologies misled investors about the extent of competition it faced in the marketplace and how the changing demographics of electric vehicle buyers would affect the business, according to a proposed class action filed Thursday in Texas federal court.
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August 08, 2024
CFPB Urges 5th Circ. To Revive Anti-Bias Exam Policy
The Consumer Financial Protection Bureau has appealed to the Fifth Circuit to reinstate a 2022 policy that expanded the scope of the agency's anti-discrimination oversight, saying a Texas federal judge's decision to strike it down last year could allow even so-called debanking to go unexamined.
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August 08, 2024
Texas Acts Like It Has 5th Circ. In 'Back Pocket,' Judge Says
U.S. District Judge David Ezra accused a Texas state attorney of misleading the Fifth Circuit by hinting that he may ignore the appellate court's decision to overrule his order for the state to move a barrier deterring migrants from crossing the Rio Grande.
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August 08, 2024
Valve Says 'Enough Is Enough,' Seeks Patent Suit Sanctions
Video game maker and online game store operator Valve Corp. urged a Texas federal judge to punish a Texas company that Valve called a "patent troll" in its sanctions motion for allegedly re-arguing "frivolous" legal theories and purposely taking its barcode patent infringement suit to an allegedly improper venue.
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August 08, 2024
CenterPoint Accused Of Mishandling Worker Retirement Plan
A group of CenterPoint Energy employees hit the company with a proposed class action on Wednesday, alleging the entity mismanaged their employee retirement plan and cost participants millions of dollars.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
Pitney Bowes Spins Off E-Commerce Biz Into Ch. 11
A former unit of shipping company Pitney Bowes Inc. filed for Chapter 11 protection Thursday in Texas bankruptcy court with more than $100 million in debt and plans to liquidate its assets.
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August 08, 2024
Calif. Atty Says Lending Groups Illegally Threatened Fee Suit
A California attorney is accusing his former clients of illegally threatening a lawsuit over a $91,000 invoice, according to a suit filed in a Texas federal court.
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August 08, 2024
Former In-House Atty Says Mortgage Co. Was 'Oppressive'
A former staff attorney for mortgage company Newrez LLC alleges in a Texas state court lawsuit made public this week that she was terminated last year after witnessing a deputy general counsel engage in sexually inappropriate conduct with an intoxicated subordinate attorney at a work-related gathering.
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August 08, 2024
FedEx Sued By 15K Drivers After OT Collectives End
About 15,000 drivers who worked for FedEx across the U.S. through intermediary employers have filed lawsuits in Pennsylvania and Massachusetts federal courts arguing the logistics giant is responsible for their lack of overtime wages as a joint employer, launching individual claims following a failed effort to sue as a collective.
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August 08, 2024
Texas Co. Says Timex Infringed Wearable Device Data Patent
A Texas company took Timex Group USA Inc. to Connecticut federal court alleging that the watch company infringed its patent for "systems, methods and apparatuses for enabling wearable device users access to secured electronic systems" by putting out a line of smartwatches for families to keep track of their children.
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August 07, 2024
5th Circ. Pushes DOL On Salary Thresholds For OT Eligibility
A Fifth Circuit panel told the government during oral arguments Wednesday that the Labor Department needed to provide more substantial reasoning as to how it determines workers' overtime eligibility, saying that just because it has set salary thresholds for nearly a century doesn't mean it gets carte blanche.
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August 07, 2024
5th Circ. Upholds Dow Chemical's Escape From Age Bias Suit
The Fifth Circuit on Wednesday refused to revive a Texas woman's lawsuit accusing Dow Chemical of age discrimination and retaliation, saying in a published opinion that the former senior health service manager failed to properly exhaust her administrative remedies before filing suit.
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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
Highland, Co-Founder Battle Over $70M Debt In 5th Circ.
Venture capital firm Highland Capital and a company owned by Highland co-founder James Dondero squared off before a Fifth Circuit panel on Tuesday, debating whether a jury was needed to weigh defenses against claims that he and his companies owe the VC firm more than $70 million.
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August 07, 2024
Bid For Ex-Judge's Phone Records Halted At Texas Hearing
A Texas bankruptcy judge shut down a bid from JCPenney's bankruptcy administrator to subpoena former Judge David R. Jones' cellphone records in a partially sealed hearing Wednesday in connection with Jones' secret romance with a onetime lawyer at Jackson Walker LLP.
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August 07, 2024
Biden Trampled Free Speech With Israeli Sanctions, Suit Says
A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.
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August 07, 2024
Texas Flags Judge's Comments In Barrier Fight To 5th Circ.
The state of Texas has raised concern to the Fifth Circuit about comments attributed to U.S. District Judge David A. Ezra that question whether the appeals court's recent opinion vacating his preliminary injunction requiring the state to relocate its 1,000-foot antimigrant buoy barrier in the Rio Grande is precedential.
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August 07, 2024
Blackstone Buys Majority Stake In Renewable-Focused Firm
Blackstone Inc.-backed private equity funds have agreed to acquire a majority stake in renewable-energy focused engineering firm Westwood Professional Services Inc., under guidance from Kirkland & Ellis LLP and Gibson Dunn & Crutcher LLP, marking Blackstone's latest bid to support energy transition, according to a Wednesday announcement.
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August 07, 2024
SpaceX Can't Stop Transfer Of NLRB Constitutionality Suit
SpaceX can't stop its challenge to the constitutionality of the National Labor Relations Board's structure from landing in California, a Texas federal judge ruled, saying the company appealed to the Fifth Circuit months after the transfer order.
Expert Analysis
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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3 Administrative Law Lessons From 5th Circ. Appliance Ruling
Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.
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What To Know About WDTX Standing Order For Patent Cases
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
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Opinion
3rd-Party Financiers Have Power To Drive Mass Tort Cases
The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.