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Texas
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August 27, 2024
SXSW, Chubb Unit Settle Ticket Coverage Dispute
The organizers of the South by Southwest festival and a Chubb insurer told a Texas federal court they settled their dispute over coverage for costs stemming from a class action by ticket holders seeking refunds after the 2020 festival was canceled because of the COVID-19 pandemic.
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August 27, 2024
Judge Sweeten Brings AG Insight To Texas Business Court
As a former attorney with the Texas attorney general's office, newly appointed Business Court Judge Patrick K. Sweeten is no stranger to complex litigation.
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August 27, 2024
Kirkland Adds Energy Regulatory Pro From Vinson & Elkins
Kirkland & Ellis LLP has hired a corporate attorney who worked at Vinson & Elkins LLP for 16 years as a partner in its energy regulatory practice group.
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August 26, 2024
Biden Admin's New Green Card Rule Hit With 14-Day Pause
A Texas federal judge on Monday temporarily halted the Biden administration from granting parole under its new program for noncitizen spouses and stepchildren of U.S. citizens seeking green cards from within the U.S., days after Texas accused the administration of exceeding its parole authority.
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August 26, 2024
Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies
Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
AT&T To Pay $950K To Settle With FCC Over 911 Outage
AT&T has agreed to pay $950,000 to end an enforcement action stemming from an August 2023 outage that affected 911 calls in parts of four states, the Federal Communications Commission said Monday.
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August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
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August 26, 2024
Ga. Judge Won't Let DOL Play 'Sorcerer' With H-2A Wage Rule
A Georgia federal judge on Monday restricted the U.S. Department of Labor's ability to enforce a rule increasing wages for H-2A foreign agricultural workers during litigation, saying the law is unconstitutional because it violates the 1935 National Labor Relations Act.
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August 26, 2024
Jury Awards Lashify $31M In Worldbeauty Patent Case
Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.
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August 26, 2024
5th Circ. Won't Revive Texas Teacher's Age Bias Suit
The Fifth Circuit backed the dismissal of a teacher's suit claiming he was pulled from his teaching job and placed into a support role because of his older age, saying Monday he failed to show that discrimination drove the Texas school district's decision rather than his poor performance.
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August 26, 2024
CFPB Defeats Challenge To Small-Biz Lending Rules
The Consumer Financial Protection Bureau landed an early win Monday in an industry-backed challenge to its reporting requirements for small business lenders, with a Texas federal judge finding the rule "is much more modest than plaintiffs would lead the court to believe."
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August 26, 2024
Bank Co. Disputes AIG's Reading Of Covered Defense Costs
A bank owner defended its amended claims that an AIG unit violated the Texas Insurance Code, telling a Texas federal court that AIG unlawfully issued it late defense payments and refused to cover defense costs that "incidentally" benefited its affirmative underlying claims.
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August 26, 2024
Texas Biz Court: Getting To Know The Lone Star State's New Bench
Judges of Texas' new statewide business court will gavel in on Sept. 1, when they will begin hearing certain complex business disputes in which the amount in controversy exceeds $5 million. Here, catch up with Law360's coverage of the Lone Star State's newest courts.
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August 26, 2024
Dallas Biz Judge Whitehill On Serving A Critical Need
As Texas continues to grow, Business Court Judge William "Bill" Whitehill sees the state becoming more and more of an international hub for business and finance. Here, Law360 speaks with Judge Whitehill about the newly created business courts, which he says will give businesses around the world a chance to litigate their disputes with predictability.
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August 26, 2024
Fort Worth Biz Judge Stagner On Bringing Stability To Bench
Texas Business Court Judge Brian Stagner has litigated across the U.S. and when presented the opportunity to serve as a judge in the newly created court, Stagner thought, "Why should Delaware have all the fun?"
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August 26, 2024
Fort Worth Biz Judge Bullard On Giving Back
While Texas Business Court Judge Jerry Bullard never aspired to the bench, encouragement from the Fort Worth legal community and the idea of being a part of something new nudged him into serving. Here, Law360 speaks with Judge Bullard about the new court.
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August 26, 2024
Judge Declines To Enhance $45M Doorbell Video IP Verdict
A Texas federal judge said Monday that Vivint Inc. need only pay the $45.4 million a jury said it owes video doorbell maker SB IP Holdings LLC for infringing its audiovisual patents along with pre- and post-judgment interest, declining to enhance the award at the patent holder's request.
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August 26, 2024
New $400M Suit Over NBA Jersey Deal Alleges Owner Threats
A beverage company and its founder have accused the NBA's Houston Rockets of defrauding it in a proposed jersey sponsorship and product promotion deal, and claimed that owner Tilman Fertitta sent his lawyers to threaten them, in a suit filed in Florida federal court that seeks more than $400 million in damages.
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August 26, 2024
Kirkland-Led CenterOak Clinches 3rd Fund With $1.1B In Tow
Dallas-based private equity shop CenterOak Partners LLC, advised by Kirkland & Ellis LLP, on Monday said that it nabbed over $1.1 billion of total commitments for its third private equity fund.
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August 26, 2024
5th Circ. Holds Off On Gulf Fishery Council Rule Challenge
The Fifth Circuit on Friday ordered a Mississippi federal judge to decide key issues that went unaddressed in his ruling upholding a fishing limit in the Gulf of Mexico, saying that new case law must be applied before it handles the appeal.
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August 26, 2024
Texas Cases To Watch In Last Half Of 2024
Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury.
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August 26, 2024
Latino Nonprofit Drops Suit Over Houston At-Large Voting
Civil rights organization LULAC has dropped a 2022 lawsuit against the city of Houston alleging that its at-large voting system for certain City Council positions discriminates against Latino voters.
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August 26, 2024
McKesson Inks $2.49B Deal For Cancer-Focused Biz
Healthcare services provider McKesson Corp. on Monday announced plans to acquire a majority stake in Paul Weiss Rifkind Wharton & Garrison LLP-advised Florida Cancer Specialists & Research Institute's Community Oncology Revitalization Enterprise Ventures for $2.49 billion.
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August 26, 2024
Ex-Branscomb Atty Must Comply With Arbitration Award
A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.
Expert Analysis
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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.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What To Know As CFPB Late Fee Rule Hangs In Limbo
Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.