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November 01, 2024
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation with Representation, BC Partners sells its majority equity interest in GardaWorld, Lone Star Funds sells specialty chemicals company AOC to Nippon Paint Holdings, Crescent Biopharma takes GlycoMimetics private, and Francisco Partners buys AdvancedMD from Global Payments.
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November 01, 2024
Paxton Can't Take Depo In 'Bogus' Probe, Immigrant Org Says
The Texas Civil Rights Project opposed state Attorney General Ken Paxton's bid to depose a representative of a nonprofit that provides shelter to migrants, saying Paxton is twisting facts to further a "bogus" investigation.
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November 01, 2024
Buca Di Beppo Gets OK On $27M Sale To Main Street Capital
A Texas bankruptcy judge on Friday approved Buca di Beppo's sale to lender Main Street Capital Corp. after overruling an objection by the Italian restaurant chain's creditors, allowing the company to continue operating and preserve about 3,000 jobs.
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November 01, 2024
Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal
In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.
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November 01, 2024
Stericycle Has All Approvals For $7.2B WM Sale
Medical waste company Stericycle said Friday that it has obtained all antitrust and foreign regulatory approvals needed to proceed with its $7.2 billion sale to Waste Management, a deal inked in June with guidance from three law firms.
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November 01, 2024
Law Firms Pour Money Into Texas Supreme Court Races
The races to fill three seats on the Texas Supreme Court have drawn thousands of dollars in campaign donations from BigLaw, midsize and small firms, with the largest sets of contributions mostly going to the Republican incumbents seeking reelection in Tuesday's matchups, a Law360 Pulse analysis has found.
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October 31, 2024
Trump Sues CBS For $10B Over 'Doctored' Harris Interview
Former President Donald Trump on Thursday lodged a $10 billion "election and voter interference" suit against CBS News in Texas federal court, accusing the network of deceptively doctoring Vice President Kamala Harris' answer to a question concerning Israeli Prime Minister Benjamin Netanyahu from a "60 Minutes" interview earlier this month.
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October 31, 2024
UPS Denies Liability For Mailing Robb Elementary Gun Parts
UPS Inc. has asked a San Antonio federal judge to toss a lawsuit filed by the families of victims of the 2022 Robb Elementary School shooting, writing that while it is "deeply sympathetic" to the victims, UPS cannot be held responsible for the tragedy.
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October 31, 2024
Feds: No 'Willfulness' Needed In Texas AG-Tied Investor Case
Federal prosecutors asked a Texas federal judge to reject an attempt by an investor at the center of the failed impeachment of Texas Attorney General Ken Paxton to toss the fraud case, saying Wednesday that "willfulness" isn't needed for a conspiracy to commit wire fraud conviction.
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October 31, 2024
IP Forecast: Another Apple Watch Trial Kicks Off In California
Apple and Masimo will face off next week in their long-running feud over whether the tech giant misappropriated Masimo's trade secrets for some of the health-monitoring features used in newer versions of the Apple Watch. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 31, 2024
EPA Can't Declare La. Deadline Extension Invalid, 5th Circ. Told
A Louisiana neoprene maker on Wednesday told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension that the state granted to the company, which is being sued by the EPA.
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October 31, 2024
X Corp. Plays Discovery 'Games' To Shield Musk, Judge Told
Left-leaning watchdog Media Matters for America fired another broadside at X Corp. Wednesday in an ongoing discovery battle between the parties, telling a Texas federal judge that the social media company continues to "play games about discovery" to shield Elon Musk and keep unfavorable evidence from the defendants.
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October 31, 2024
Rebar Giant's Economist Rips Rival's 'Narrow' Antitrust Market
Commercial Metals Co.'s expert economist testified in a federal antitrust jury trial Thursday that Pacific Steel Group's theory of the rebar market is "too narrow" by only focusing on California, although he conceded under cross-examination that CMC sold most of its rebar within 500 miles of its since-shuttered California mill.
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October 31, 2024
Dallas Judge Kicks 2022 Energy Case Out Of Biz Court
A Dallas business court judge sent a multimillion-dollar energy dispute back to state district court this week, marking the first time a Texas Business Court judge has weighed in on whether cases in existence before the court's opening could be litigated in the new venue.
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October 31, 2024
DOL Blocked From Using In-House Court In Hiring Bias Spat
A Texas federal judge temporarily blocked the U.S. Department of Labor from using its internal judge system to pursue administrative proceedings against a government contractor for allegedly discriminatory hiring practices, citing a recent U.S. Supreme Court decision that placed limitations on these in-house procedures.
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October 31, 2024
Chubb Says No Coverage For Texas Chemical Explosion Suits
Two Chubb units told a Texas federal court Thursday they owe no coverage to Team Industrial Services Inc. for two lawsuits seeking to hold it liable for injuries from an explosion at a chemical plant, arguing a pollution exclusion applies because a release of a chemical caused the explosion.
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October 31, 2024
Texas Says It Has Right To Stop Drivers Transporting Migrants
The state of Texas told an El Paso federal judge that an executive order allowing officers to pull over drivers suspected of transporting unauthorized migrants is within the state's authority and doesn't conflict with federal law.
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October 31, 2024
Exxon Entitled To Interest Deduction On Qatar Deal
Exxon Mobil is entitled to an interest expense deduction on payments to Qatar under a natural gas deal, a Texas federal judge ruled, rejecting the U.S. government's classification of an underlying transaction as a royalty rather than a loan.
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October 31, 2024
Philly DA's Suit Over Musk's $1M Voter 'Lottery' Goes Federal
A Pennsylvania federal judge is set to decide whether Elon Musk's $1 million daily giveaway to battleground state voters who sign a pledge from his PAC is an illegal lottery, as Philadelphia District Attorney Larry Krasner claimed in a suit transferred to federal court on Thursday.
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October 31, 2024
Houston Firm Accuses Legal Marketing Services Biz Of Fraud
A Houston law firm has filed a complaint in Texas state court accusing a business that provides marketing services to law firms of a Ponzi-like scheme that misused money provided for two marketing campaigns.
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October 31, 2024
Holland & Knight Brings On Jones Day Tax Expert In Dallas
In an effort to bolster its national corporate transactional and private equity practices, Holland & Knight LLP added an experienced attorney from Jones Day in Dallas to provide deal support to its clients.
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October 31, 2024
6th Circ. Judge Frets Tech Updates May Stymie Class Actions
Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class action or if different software versions divide the class irreconcilably, prompting one judge to wonder about the case's implications for an age of ubiquitous software updates.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
5th Circ. Keeps Most No Surprises Act Provisions Intact
The Fifth Circuit on Wednesday upheld several provisions for calculating qualifying payments under a federal law aimed at protecting Americans from surprise medical bills, saying in a published opinion that the provisions were neither inconsistent with the law nor arbitrary and capricious.
Expert Analysis
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.