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June 12, 2024
Cabot Execs Misled Investors On Fracking Impact, Suit Says
Insiders of Cabot Oil & Gas Corp., now known as Coterra Energy Inc., were hit with a shareholder derivative suit alleging they did not disclose that Cabot was not safeguarding drinking water from the company's fracking operations, which eventually led to criminal charges and reputational and financial damages.
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June 12, 2024
CalPERS Opposes $5B Atty Fee In Musk Pay Fight
The nation's largest public pension fund lined up Wednesday against a proposed $5 billion-plus fee for stockholder attorneys whose Delaware Court of Chancery suit blocked Tesla CEO Elon Musk's one-time $56 billion compensation plan, one day ahead of a Tesla shareholder vote to resurrect the pay deal.
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June 12, 2024
SEC Says Texas Crypto Cases Aren't Related To Fraud Suit
The U.S. Securities and Exchange Commission asked a Texas federal judge not to stay its case accusing a crypto asset mining and hosting company of securities fraud, saying in a Wednesday brief that the judge's concerns about other pending cases creating "moving-target precedents" were unfounded.
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June 12, 2024
Forte Biosciences Reaches $2M Deal To End Chancery Suit
Clinical-stage biopharmaceutical company Forte Biosciences has reached a multipart, $2 million concession-plus-cash settlement in Delaware's Court of Chancery with a private investment fund that ran a board proxy contest after its calls to liquidate the business were met with poison pill pushback.
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June 12, 2024
$18.8M Theft Coverage Suit Must Be Heard In State Court
A Texas federal judge ruled that a lawsuit brought against an insurer over $18.8 million in theft and vandalism at a Georgia shopping center belongs in state court, refusing to create diversity by removing a plaintiff.
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June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
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June 12, 2024
Energy Co. Says Specialist Can't Get Arbitration Exemption
A Houston natural gas company told a Texas appellate court Wednesday that an environmental specialist injured in a pipeline explosion isn't covered by an exemption for interstate commerce work in the Federal Arbitration Act, arguing that allowing him to claim the exemption would be akin to allowing a janitor to do the same.
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June 12, 2024
Feds Urge 5th Circ. Against Fast-Tracking Parole Suit
The Biden administration rebuked a Texas-led coalition's efforts to fast-track its challenge to an immigration program for Cubans, Haitians, Nicaraguans and Venezuelans, telling the Fifth Circuit the states won't suffer financial injury from the program while the case is underway.
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June 12, 2024
Ashley Furniture Faces Data Breach Suit Over 2023 Hack
Ashley Furniture customers hit the home furnishing retailer with a proposed class action in Texas federal court Monday, accusing the company of negligence over its failure to safeguard their personal information — which was compromised during a cyberattack a year ago — and of waiting months to notify them.
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June 12, 2024
Matador Paying $1.9B For EnCap Delaware Basin Assets
Dallas-based Matador Resources Co. said Wednesday it has agreed to pay just over $1.9 billion for a subsidiary of the EnCap Investments portfolio company Ameredev II Parent, taking control of oil and natural gas producing properties across the Delaware Basin.
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June 12, 2024
Kelly Hart Atty, North Texas Judge Picked For Biz Court Seats
Texas Gov. Greg Abbott announced four more appointments to the statewide business court on Wednesday, a day after announcing his first picks for the state's newest appellate courts.
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June 12, 2024
Texas Firm Accused Of Misclassifying Paralegal As Contractor
A Texas personal injury law firm misclassified a paralegal as an independent contractor and its director constantly changed the paralegal's time sheets, resulting in unpaid wages, she told a Texas federal court.
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June 12, 2024
Jackson Lewis Adds Fisher Phillips Labor Pro In Houston
Jackson Lewis PC has bolstered its labor and employment practice in Houston with a litigator who came aboard from Fisher Phillips.
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June 11, 2024
Hedge Fund Anson Settles With SEC Over Cannabis Shorts
The American and Canadian entities overseeing hedge fund Anson Funds agreed on Tuesday to pay $2.25 million to end a U.S. Securities and Exchange Commission investigation into their allegedly hidden relationship with an activist investment firm that shorted a pair of cannabis stocks.
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June 11, 2024
DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say
The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.
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June 11, 2024
Miss. Urges 5th Circ. To Approve Ban On Medical Pot Ads
The state of Mississippi has told the Fifth Circuit that it should uphold state restrictions barring advertising for medical marijuana, saying that the First Amendment cannot protect such speech because marijuana is federally illegal.
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June 11, 2024
Texas, Mont. Sue HHS Over ACA Trans Discrimination Rule
Texas and Montana filed suit against the Biden administration seeking to halt its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, saying the new regulations infringe on states' autonomy and force them to violate their own laws.
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June 11, 2024
Abbott Taps General Counsel, Austin Partners For New Courts
Texas Gov. Greg Abbott announced his first appointments to the statewide business court and the Fifteenth Court of Appeals on Tuesday, roughly three months before the state's newest courts are set to begin taking cases.
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June 11, 2024
FCC Looks To Fine Telecom $2.6M For Failing To Pay Fees
The Federal Communications Commission said Tuesday it plans to fine a Texas telecom $2.65 million for failing to pay required fees to support an array of FCC programs, including low-income subsidies, services for disabled consumers and phone number portability.
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June 11, 2024
JPML Consolidates AT&T Data Breach Suits In Texas
Thirty lawsuits brought against AT&T over a data breach that left 70 million customers' information on the dark web are being consolidated in the Northern District of Texas, with the Judicial Panel on Multidistrict Litigation ruling that proximity to AT&T headquarters will bring added efficiency to the proceedings.
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June 11, 2024
DOE Urges DC Circ. To Extinguish Furnace Rule Fight
The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.
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June 11, 2024
Texas AG Urges DC Circ. To Revive Media Matters Probe
Texas Attorney General Ken Paxton wants the D.C. Circuit to revive his investigation into progressive media watchdog Media Matters' reporting on the social media platform X, saying the D.C. federal court had no authority to interfere with the probe.
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June 11, 2024
Spat Over Texas Trial, Vacation Plans Ends With New Date
A Texas appeals court has dismissed a tech company's mandamus petition stating that a Harris County court scheduled a trial in its case despite several attorney vacation letters after the parties said the trial court moved the date.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
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June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits
Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
Expert Analysis
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Disability Benefits Ruling Holds Claim Evaluation Lessons
In Haynes v. Principal Life Insurance, a Texas federal court recently overturned a disability benefits denial, providing both claimants and insurers with valuable insight on what constitutes a valid benefits claim, says Mark DeBofsky at DeBofsky Law.
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8 Privacy Law Predictions For 2024
As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.
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3 Power Rulings Change Outlook For Transmission Cos.
The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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5 Privacy And Cybersecurity Resolutions For 2024
In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.
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Fed. Circ. Patent Decisions In 2023: An Empirical Review
The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.