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November 14, 2024
Diamond Sports' Ch. 11 Plan Gets Nod With Amazon Deal
Diamond Sports Group received approval for its Chapter 11 plan Thursday from a Texas bankruptcy court, clearing the way for its continued broadcast of 27 professional sports teams and new streaming options through a deal with Amazon.
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November 14, 2024
Texas Boutique First To Match Milbank's Year-End Bonus
Texas-based litigation boutique Vartabedian Hester & Haynes LLP confirmed on Thursday that it will match Milbank LLP's year-end bonus scale, offering its associates BigLaw-level compensation along with an additional special bonus.
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November 14, 2024
The Onion Buys Alex Jones' Infowars At Ch. 7 Auction
Satirical news website The Onion has purchased Alex Jones' Infowars at a Chapter 7 bankruptcy auction, according to a Thursday announcement by the firm representing Sandy Hook shooting survivors who won a $1.4 billion defamation award over his claims the massacre was a hoax.
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November 13, 2024
Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel
Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.
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November 13, 2024
Tempur Sealy Has 'Keys' To Merger, Mattress Firm CEO Says
Mattress Firm's CEO told a Houston judge Wednesday that he has not had any involvement in Tempur Sealy's post-acquisition agreements with mattress suppliers, testifying that Tempur's board chairman and CEO is the one "driving" the deal.
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November 13, 2024
Texas Court OKs Med Mal Death Suit, Expert Report
A Texas appellate court has declined to dismiss a medical malpractice suit accusing an emergency medical clinic of failing to diagnose a man's heart disease which caused his fatal cardiac arrest, saying the plaintiffs' medical expert's mandatory report satisfies state guidelines.
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November 13, 2024
Google Says $20M Thermostat IP Verdict Was 'Manufactured'
Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District of Texas was "manufactured" by an expert hired by a competing smart-home energy startup.
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November 13, 2024
Fed. Circ. Judges Frown On Custom Emoji Patent
A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims. Â
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November 13, 2024
Short-Term Rental Owners 'Unreasonable,' Dallas Tells Court
A Dallas short-term rental advocacy organization loves to focus on property rights, but it never considered the rights of neighbors who want safe neighborhoods and don't want to live next to an active business, a city attorney told a Fifth Court of Appeals panel during oral arguments Wednesday.
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November 13, 2024
Fed. Circ. Won't Send Microchip Patent Suit To NY
The Federal Circuit on Wednesday denied a bid from a Chicago tech manufacturer to transfer a Texas case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit, saying the manufacturer didn't show that the lower court erred in refusing to ship the case to New York.
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November 13, 2024
Frontier Stockholders Vote In Favor Of $20B Verizon Deal
Frontier Communications stockholders approved the company's planned $20 billion sale to Verizon Communications Inc. on Wednesday, despite prior pushback from select investors and recommendations from top proxy advisory firms to abstain.
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November 13, 2024
Texas Fights Contractor Wage Hike After 9th Circ. Ruling
The recent Ninth Circuit decision deeming President Joe Biden's increase of federal contractors' hourly minimum wage unlawful clarified that the government's position that it could mandate the hike is absurd, the state of Texas told the Fifth Circuit in its case also challenging the wage hike.
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November 13, 2024
Instant Brands Equity Owner Accused Of Lying To Lenders
The litigation trustee for bankrupt kitchenware maker Instant Brands Wednesday filed suit in Texas bankruptcy court accusing the company's equity owner of lying to lenders and sending the company into Chapter 11 in order to collect $200 million in dividends.
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November 13, 2024
Jones Day Gains Winston & Strawn Corporate Pro In Dallas
Jones Day said Wednesday that it has brought on a former Winston & Strawn LLP attorney in Dallas with extensive corporate experience, particularly within the energy and infrastructure arena.
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November 13, 2024
Jackson Walker Must Supply Docs In Judge-Atty Affair Probe
The Texas federal court overseeing a U.S. Trustee's Office probe of a former Jackson Walker LLP partner's undisclosed relationship with a then-bankruptcy judge has given the firm until Friday to turn over its communications with public relations firms and pages from its attorney sourcebook.
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November 13, 2024
EPA Effluent Rule Is Fatally Flawed, 8th Circ. Told
Republican-led states, utilities and industry groups called on the Eighth Circuit to vacate the U.S. Environmental Protection Agency's rule setting new wastewater limitations for coal-fired power plants, saying it is based on economically unavailable technologies in an effort to further the Biden administration's goal of shuttering coal plants.
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November 13, 2024
Locke Lord Adds Real Estate Ace From Frost Brown In Dallas
A former Frost Brown Todd LLP attorney with diverse commercial real estate experience has joined Locke Lord LLP as a partner in Dallas, a reflection of the firm's focus on building out its real estate team "with top-tier talent."
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November 13, 2024
Online Car Financing Co. Vroom Crashes Into Ch. 11
Former used car seller and financier Vroom Inc. filed for Chapter 11 bankruptcy Wednesday in Texas with a prepackaged plan to swap $290 million of debt for the bulk of the equity in a reorganized business.
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November 12, 2024
5th Circ. Won't Reopen CFPB Payday Rule Fight
The Fifth Circuit on Tuesday denied a bid from a lender to reopen an industry legal challenge to the Consumer Financial Protection Bureau's payday loan rule that previously foundered at the U.S. Supreme Court, clearing the way for the rule to take effect.
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November 12, 2024
Trump Gathers Nat'l Security Team For Border, Defense Roles
President-elect Donald Trump has chosen a slate of loyalists with hawkish approaches toward foreign policy and securing the U.S. border, creating a team of ideologically aligned officials as he seeks to ramp up deportations and end the war in Ukraine. Law360 takes a look at seven of his national security picks and the impact they will have on defense, immigration and foreign relations with rival nations.
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November 12, 2024
SkyWest Had 'Lewd, Crude' Work Environment, Jury Hears
SkyWest Airlines enabled a workplace that was hostile to women, a jury heard during opening arguments Tuesday, driving a woman who worked at the company to consider suicide in the face of unrelenting sexual assault jokes and supervisors who didn't take her concerns seriously.
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November 12, 2024
Comerica Sues CFPB To Stop 'Ultra Vires' Benefits Card Probe
Comerica Bank has sued the Consumer Financial Protection Bureau in a Texas federal court, accusing it of carrying out an overreaching and unlawful investigation into the bank's handling of a government program for distributing federal benefits via debit cards.
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November 12, 2024
SEC Quietly Shelves Private Fund Rules After 5th Circ. Loss
The U.S. Securities and Exchange Commission has formally withdrawn rules that would have increased agency oversight of hedge funds and private equity funds after declining to appeal a Fifth Circuit decision that vacated the rules, which would have required fund advisers to disclose detailed information about their operations.
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November 12, 2024
SEC, SolarWinds Walk Away From Settlement Talks
Settlement negotiations between the U.S. Securities and Exchange Commission and software developer SolarWinds Corp. reached an impasse Tuesday, with the parties telling a New York federal judge that they did not feel it was worthwhile to continue discussing a possible end to the novel enforcement action.
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November 12, 2024
Tempur Sealy Merger 'Surprisingly Bold,' Competitor Testifies
The CEO of a Utah-based mattress company told a Houston federal judge Tuesday that Tempur Sealy's proposed remedies under its $4 billion planned Mattress Firm purchase were "surprisingly bold" as the Federal Trade Commission began its case in opposition of the merger.
Expert Analysis
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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Title VII Compliance Lessons From Raytheon Age Bias Suit
A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.