Texas

  • August 12, 2024

    Kimberly-Clark Cuts Settlement Deal In 401(k) Fee Suit

    Kimberly-Clark Corp. agreed to settle a proposed class action from participants in the toilet paper company's $4 billion employee 401(k) plan who alleged mismanagement, according to a mediator's report filed in Texas federal court.

  • August 12, 2024

    SEC, SolarWinds In Settlement Talks After Cyber Suit Trimmed

    Software company SolarWinds Corp. is in talks to settle a U.S. Securities and Exchange Commission cybersecurity lawsuit after a Manhattan federal judge dismissed the majority of claims over a 2020 data breach, the parties said Monday.

  • August 12, 2024

    Judge OKs IRS To Review Bank Docs Of Exec In Bitcoin Probe

    The Internal Revenue Service can review the sequestered bank records of a cryptocurrency executive charged in a 2020 bitcoin fraud investigation, a Texas federal judge ruled, finding the agency had properly notified the executive and his company of summonses it had issued to their banks.

  • August 12, 2024

    Co. Says Title Insurer Acted In Bad Faith Over Deed Dispute

    An owner of two adjacent parcels of land in Philadelphia accused its title insurer in Pennsylvania state court of ignoring its repeated requests to settle an underlying deed dispute and basing its coverage position on an "obviously nonsensical and unsupportable" appraisal.

  • August 12, 2024

    Fed. Circ. Says Co. Can't Patent Coke Zero's Secret Sweetener

    A Federal Circuit panel found Monday that the company that developed the artificial sweetener used in Coke Zero can't patent its formula after it has already touched the lips of customers even if they kept the recipe secret, something that's consistent with "precedent going back to the 1800s."

  • August 12, 2024

    Barnes & Thornburg Dallas Head Rejoins Haynes Boone

    Haynes and Boone LLP has hired the former Dallas office managing partner at Barnes & Thornburg LLP as global chair of the trials practice group, the firm said Monday.

  • August 12, 2024

    Texas AG To Investigate CenterPoint Over Beryl Outages

    Texas Attorney General Ken Paxton said Monday that his office had opened an investigation into CenterPoint Energy Inc. over its preparation and response to Hurricane Beryl.

  • August 12, 2024

    Texas Firm Says Recordings Show Call Center Deception

    A Texas personal injury law firm asked a federal judge to impose a preliminary injunction on a lawyer referral service, arguing that newly obtained audio recordings from the referral service's call center show the other company deliberately tries to trick the firm's potential clients into signing up with other lawyers.

  • August 12, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.

  • August 12, 2024

    Gibson Dunn Picks Up Weil Litigator In Dallas

    Gibson Dunn & Crutcher LLP announced Monday that it has bolstered its litigation and trials practice groups with a partner in Dallas who joined from Weil Gotshal & Manges LLP.

  • August 09, 2024

    Real Estate Recap: Big 4 Market Views, Gas-Ban Backfire, AI

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including what the largest commercial real estate brokers expect from capital markets in the second half of the year, how municipalities are reacting to the Ninth Circuit striking down Berkeley, California's natural gas-hookup ban, and why Brookfield Corp. is betting big on AI.

  • August 09, 2024

    Migrant Detentions In Texas Too Long, DHS Watchdog Says

    U.S. Immigration and Customs Enforcement's struggles with holding detainees at its long-term detention facilities have caused prolonged detentions at three U.S. Border Patrol facilities near the Texas-Mexico border, the U.S. Department of Homeland Security's internal watchdog revealed on Thursday.

  • August 09, 2024

    Pitney Bowes' E-Commerce Arm Can Tap $47M DIP In Ch. 11

    A Texas bankruptcy judge on Friday gave DRF Logistics LLC the go ahead to borrow $45 million under a Chapter 11 loan funded by its former parent, shipping company Pitney Bowes Inc., which let go of its majority stake in DRF to wind down the unprofitable e-commerce division in bankruptcy.

  • August 09, 2024

    Tesla Sued Over Gigafactory Worker's Electrocution Death

    The widow of an electrician who was fatally electrocuted this month while working at Tesla's Gigafactory in Austin, Texas, has filed a wrongful death suit in Texas state court, claiming the company negligently allowed a dangerous condition to exist at the automaker's global headquarters.

  • August 09, 2024

    Texas Justices To Answer SMU Law Prof's Defamation Query

    The Texas Supreme Court on Friday agreed to answer a question posed by the Fifth Circuit regarding the interpretation of the state's human rights act in a case involving a former Southern Methodist University law professor who sued the school and several administrators after being denied tenure.

  • August 09, 2024

    Vidal Can't Be Used Against Ex-Client At PTAB, Fed. Circ. Says

    The Federal Circuit said Friday that the initial involvement of U.S. Patent and Trademark Office Director Kathi Vidal in a handful of patent challenges during her private practice days at Winston & Strawn LLP isn't enough to prevent the patent board from ever deciding on those petitions.

  • August 09, 2024

    Biz Groups Urge Keeping CFPB's $8 Late Fee Cap On Ice

    The U.S. Chamber of Commerce, the American Bankers Association and other trade group plaintiffs have urged a Texas federal judge to leave in place an injunction staying the Consumer Financial Protection Bureau's rule capping most credit card late fees at $8, saying the lowered fee would not serve as a sufficient deterrent for consumers.

  • August 09, 2024

    Colony Ridge Mortgage Co. Says It Was 'Office Geek' For Site

    A Texas mortgage company pushed Friday to be released from a lawsuit accusing a Houston-area real estate developer and lender of predatory lending practices, telling a federal judge that it never met with the Hispanic consumers allegedly preyed on through the scheme and that the company was "just doing paperwork."

  • August 09, 2024

    5th Circ. Blocks Transfer Of SpaceX NLRB Suit

    The Fifth Circuit blocked an order transferring SpaceX's first constitutional challenge to the National Labor Relations Board's powers and protections while it considers whether the district judge wrongly withheld an injunction blocking an agency prosecution.

  • August 09, 2024

    4 Firms Guiding Italian IT Firm Almaviva's $335M Iteris Buy

    Italian digital innovation group Almaviva S.p.A. has agreed to purchase Austin, Texas-based infrastructure management provider Iteris Inc. for approximately $335 million equity value, Iteris said in a statement Friday. 

  • August 09, 2024

    Marketer Seeking Dismissal Of Mass. Data Privacy Suit

    Texas-based online marketing company InMarket Media LLC is asking a Massachusetts federal judge to toss a proposed class action by two women who say the company secretly collected and sold location data through its apps, arguing in a motion to dismiss that the court lacks jurisdiction over the company.

  • August 09, 2024

    DC Circ. Makes Case For Restarting FERC Gas Policy Revamp

    The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Takeaways From EPA's New Methane Emission Rules

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    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment

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    A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    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.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    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.

  • What Workplace Violence Law Means For Texas Healthcare

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    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.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    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.

  • Series

    Skiing Makes Me A Better Lawyer

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    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.

  • High Court Social Media Speech Ruling Could Implicate AI

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    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.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    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.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    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.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    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.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    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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