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April 21, 2025
U-Visa Seekers Push For Class Cert. In Processing Delays Suit
U-visa petitioners suing U.S. Citizenship and Immigration Services over alleged unreasonable delays of processing their work authorizations sought class certification Friday, a few months after a Michigan federal judge revived the claims.
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April 21, 2025
Houston's NRG Energy Says Miami Cos. Ripped Off Its Name
A group of Miami-based companies has been accused in Texas federal court of ripping off NRG Energy Inc.'s name.
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April 21, 2025
Interior Says Offshore Air Rule Challenge Must Be Nixed
The U.S. Department of the Interior and an oil and gas industry group on Friday said that the agency got it right in 2020 when it abandoned an Obama-era proposal to revise air pollution rules for offshore oil and gas operations.
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April 21, 2025
Baker Botts Adds Enviro Ace From In-House Role In Houston
Baker Botts LLP announced Monday that it has added a partner in Houston who brings more than 25 years of environmental law experience, including more than a decade on the legal team at Koch Industries.
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April 21, 2025
Ozempic Maker, Texas Pharmacy Settle Knockoff Drug Claims
The manufacturer behind the Ozempic weight loss drug buried the hatchet with a Houston-area pharmacy it accused of selling compounded, non-FDA-approved medications that claim to contain the drug's key ingredient, with the pharmacy agreeing to never again market compounded semaglutide drugs.
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April 21, 2025
Investor Says Energy Co. Hid Texas Plant Project Challenges
An investor hit Net Power Inc. with a proposed class action claiming that it and its executives misled the public about known problems with a power plant project in Texas, artificially inflating the company's stock price until those issues came to light and led to multiple stock drops.
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April 21, 2025
Justices Mull 5th Circ. Redo In ACA Preventive Care Fight
The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
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April 21, 2025
EFF Tells Fed. Circ. That 6th Circ. Case Aids Bid For IP Docs
A digital rights nonprofit says that a recent Sixth Circuit revival of a fight for documents in a securities suit against a private prison operator bolsters its own bid at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas.
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April 21, 2025
Justices Won't Review Welding Inspector's Contractor Status
The U.S. Supreme Court declined on Monday to review a Fifth Circuit decision finding a welding inspector was an independent contractor, not an employee, and therefore not entitled to Fair Labor Standards Act coverage.
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April 20, 2025
High Court's Pause Of Removals Was 'Premature,' Alito Says
The U.S. Supreme Court's decision early Saturday morning to prohibit the Trump administration from using a 1798 wartime law to remove alleged Venezuelan gang members detained in northern Texas to an El Salvadoran prison was hasty and premature, Justice Samuel Alito wrote in a dissent joined by Justice Clarence Thomas.
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April 19, 2025
Real Estate Recap: Q1 Dealmakers, Tariff Tension
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the 10 largest real estate deals of the first quarter, and how dealmakers and companies have been navigating uncertainty in the market.
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April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books
The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.
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April 19, 2025
Justices Temporarily Block Removals Under Wartime Law
The U.S. Supreme Court on Saturday ordered the Trump administration to halt removals of alleged Venezuelan gang members detained in Texas under the 1798 Alien Enemies Act, pending further input from the court.
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April 18, 2025
No Privilege For Litigation Funder In Netflix Case, Judge Says
A Virginia federal judge said Friday "it is clear" a Finnish executive cannot claim any kind of attorney-client privilege over his relationship with a litigation funder, after his former lawyer was accused of sharing confidential financial information about Netflix Inc. related to a failed patent case against the streaming service.
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April 18, 2025
5th Circ. Backs SEC In Fraud Case Receivership Fight
The Fifth Circuit has knocked down a Texas-based real estate investor's fight against a receivership imposed upon his entities by the U.S. Securities and Exchange Commission, saying the lower court did not exceed its authority in allowing the receivership in the $26 million fraud case.
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April 18, 2025
Venezuelans Ask High Court And 5th Circ. To Pause Removals
A group of Venezuelans detained in northern Texas launched a multipronged effort Friday to prevent the Trump administration from removing them to El Salvador under the Alien Enemies Act before they can have their day in court, asking the U.S. Supreme Court, the Fifth Circuit and two district courts for emergency relief.
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April 18, 2025
Sunoco Accused Of Age Bias By Ex-Chief Counsel
A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.
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April 18, 2025
PTAB Judge Heads To Boutique, Citing Return-To-Office Order
An outgoing Patent Trial and Appeal Board judge based in Austin, Texas, tells Law360 that President Donald Trump's return-to-office order was a "significant factor" in her decision to return to private practice, joining boutique patent firm Smith Baluch LLP as a partner.
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April 18, 2025
AG Paxton Sues Dallas Over Firearms Ban At Arts Facilities
Texas Attorney General Ken Paxton has accused the city of Dallas in two lawsuits of violating the state's government code by prohibiting license to carry holders from having firearms on city properties.
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April 18, 2025
5th Circ. Says FCC Can't Fine AT&T $57M Without Trial
The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.
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April 18, 2025
Texas Panel Says State Can Pursue Block Of Pot Amnesty Law
A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.
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April 18, 2025
No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal court Friday that a mechanical bull exclusion in the company's policy bars coverage.
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April 18, 2025
Telecom Says Jarkesy Ruling Dashes FCC's $4.5M Fine
An Austin, Texas-based telecom sought Friday to shake a nearly $4.5 million fine by the Federal Communications Commission after the Fifth Circuit tossed an unrelated $57 million penalty against AT&T based on last year's high court ruling in SEC v. Jarkesy curtailing agency fines.
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April 18, 2025
Whole Foods Strikes Deal In Sweeping 401(k) Fee Suit
Whole Foods reached an agreement to end a class action alleging its failure to keep its 401(k) plan's administrative fees in check cost a class of roughly 97,000 workers millions of dollars in retirement savings, the Amazon-owned grocer told a Texas federal court.
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April 18, 2025
Lilly Blasts Compounders' 'Scattershot' Bid To Reverse FDA
Eli Lilly urged a Texas federal judge to deny a request from pharmacies that produce copycat doses of its popular weight loss drug to have the court reverse an FDA decision taking the drug off a national shortage list, saying the bid was filled with unreliable "scattershot" arguments.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.