Texas

  • October 11, 2024

    Elon Musk's X Drops Unilever From Advertising Boycott Suit

    X Corp. has dropped Unilever from its antitrust suit accusing the global consumer goods company and others of conspiring to withhold advertising revenue from the social media platform, announcing in a post Friday that it's "pleased to have reached an agreement with Unilever" and "we look forward to more resolution."

  • October 11, 2024

    PTAB Still Won't Take On Samsung's Patent Challenge

    Samsung has failed yet again to convince judges on an administrative patent board to take a look at their efforts to dislodge patents asserted against the Galaxy Watch In Texas federal court, despite winning a remand earlier from the head of the U.S. Patent and Trademark Office.

  • October 11, 2024

    Texan Who Sued Ex's Colleagues Over Abortion Drops Suit

    A Texas man who filed a wrongful-death suit against his ex-wife's co-workers that alleged that they helped her obtain pills to terminate her pregnancy has dropped the suit on the eve of trial, saying in a notice Friday that the parties have settled.

  • October 11, 2024

    No Coverage For Wage Disclosure Suits, Insurer Says

    An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.

  • October 11, 2024

    DOJ Tells Judge Boeing Plea Is 'The Best The Gov't Could Do'

    The federal government told a Texas federal judge Friday that its proposed deal with The Boeing Co. over allegations that it lied to safety regulators about the 737 Max 8's development is "the best the government could do," pushing back against vehement objection from crash victims' families, who called the deal "rotten" and "morally reprehensible."

  • October 11, 2024

    Off The Bench: NCAA's NIL Deal Advances, QB Settles Again

    In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.

  • October 11, 2024

    Patent Armory Suit Over Telecom Patent Is Tossed

    U.S. District Judge Alan D. Albright has thrown out a lawsuit accusing a Singapore-based company of infringing a sound system patent, noting that the patent owner never actually served the company with the suit.

  • October 11, 2024

    Texas Hospital Settles Layoffs, Benefits Contributions Suit

    A Texas hospital has agreed to settle a proposed class action alleging it laid off approximately one-third of its workforce without warning and unlawfully held onto employees' health insurance premiums and 401(k) contributions, according to a federal court filing.

  • October 11, 2024

    Bank Info Fair Game In Crypto Exec's Appeal, Gov't Says

    A cryptocurrency executive charged in a 2020 bitcoin fraud investigation can't stop the IRS from using the financial information it gathered through summonses while he appeals the demands in the Fifth Circuit, the U.S. government told a Texas federal court.

  • October 11, 2024

    TransUnion Agrees To Settle Suit Over Inaccurate Report

    A Texas man who claims he lost a job opportunity after a faulty TransUnion background check identified him as a "drug offender" has agreed to end his lawsuit against the company, reaching a tentative settlement.

  • October 10, 2024

    Paxton Sanctions Attempt Is 'Intimidation Tactic,' Nonprofit Says

    A Houston civil rights nonprofit focusing on immigration is calling a sanctions motion from Texas Attorney General Ken Paxton an "intimidation tactic," telling a state appeals court that it shouldn't have to just accept whatever legal interpretation the state spits out or face sanctions.

  • October 10, 2024

    Trade Group, Enviros Clash Over EPA Methylene Chloride Rule

    American Chemistry Council and the Sierra Club are taking aim at the U.S. Environmental Protection Agency's methylene chloride rule, with the industry group telling the Fifth Circuit the agency overstepped when it outright banned most applications of the chemical for no valid reason and the conservation organization arguing it didn't go far enough.

  • October 10, 2024

    Contractor Slams Stay Bid In $13M Lake Ontario Awards Fight

    Geotechnical contractor Soletanche Bachy Canada Inc. has asked a Texas federal court not to pause its suit looking to enforce arbitral awards of $13 million against an infrastructure construction corporation, saying the construction company misrepresents an appeal proceeding in Ontario.

  • October 10, 2024

    IP Forecast: 5G Patent Case Spells Deja Vu For EDTX

    A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 10, 2024

    SpaceX Urges Trim To Enviro Orgs'. FAA Launch Approval Suit

    SpaceX is pushing a D.C. federal judge to scrap claims that an environmental assessment for its rocket launch program in South Texas must be supplemented after launches allegedly harmed sensitive surrounding areas and migratory birds, and as it faces new litigation over a system installed to prevent launch pad failures.

  • October 10, 2024

    5th Circ. Judge Hints Justices' 'Sea Change' May Help DACA

    A Fifth Circuit judge grilled Texas on Thursday over whether it still has standing to challenge the Deferred Action for Childhood Arrivals policy, suggesting recent U.S. Supreme Court precedent might spell trouble for the Lone Star State's bid to kill the program.

  • October 10, 2024

    Owner Of Houston Music Co. Says He Was Pushed Out Of Biz

    A Houston hip-hop artist has accused his longtime business partner of engaging in a scheme to steal his music production company's funds before ousting him from the business, according to a complaint filed in Texas federal court on Thursday.

  • October 10, 2024

    Paxton Prosecutor Fee Fight Ends With High Court Rejection

    The Texas Court of Criminal Appeals on Wednesday declined to take up a dispute over how much a special prosecutor appointed to oversee the securities fraud case against Texas Attorney General Ken Paxton should be paid, ending a fee fight that has stretched on almost as long as the criminal case.

  • October 10, 2024

    5th Circ. Says ISP Liable For Piracy But Orders Damages Redo

    The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.

  • October 10, 2024

    George Foreman Unlikely To Get '70s Sex Assault Suit Trimmed

    A California federal judge was skeptical Thursday of boxing legend George Foreman's bid to trim alleged conduct that occurred in Texas and Florida from a lawsuit claiming he groomed and sexually abused a teenage girl in the 1970s.

  • October 10, 2024

    Houston Firm Says 'Scurrilous' Ex-Atty Not Entitled To Fees

    A Houston law firm is urging a state court to dismiss a lawsuit from a disbarred attorney seeking fees for cases he worked on before going to prison for fraud, arguing that paying him the $3.84 million he is asking for would run afoul of ethics rules and a Texas Supreme Court order.

  • October 10, 2024

    Investor Connected To Texas AG Seeks To Ax Fraud Case

    Nate Paul, a real estate investor at the heart of the failed impeachment of Texas Attorney General Ken Paxton, has moved to dismiss federal wire fraud and conspiracy charges against him, arguing that the indictment does not claim that he acted willfully when allegedly ripping off lenders and investors.

  • October 10, 2024

    IRS Keeping Co. In Dark On Carryback Refund, Court Told

    The Internal Revenue Service owes a $686,000 tax refund to a contractor for a carryback operating loss, the company told a Texas federal court, adding that the IRS hasn't responded to questions about a letter the agency claims it sent addressing the issue.

  • October 09, 2024

    5th Circ. Denies Extension For CFPB In Exam Policy Case

    The Fifth Circuit on Wednesday denied the Consumer Financial Protection Bureau's unopposed request for a short deadline extension in its appeal over an examination policy that industry groups successfully sued to block last year, prompting the agency to ask for more time again.

  • October 09, 2024

    Chancery Keeps $5B Md. Data Center Project Fight In Del.

    A court battle over control and management of early work on a potential $5 billion data complex in western Maryland will remain in the First State despite a marginally earlier-filed suit in Texas' new business court, a Delaware vice chancellor ruled late Wednesday.

Expert Analysis

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

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    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 5 Lessons From Ex-Vitol Trader's FCPA Conviction

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    The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift

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    A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Measuring Early Impact Of Rule 702 Changes On Patent Cases

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    Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

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