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Texas
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September 03, 2024
Construction Disputes Mark Opening Of Texas Biz Court
The first cases were filed in the Texas Business Court on Tuesday, setting the stage for a new era of litigation in the Lone Star State.
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September 03, 2024
Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.
A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.
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September 03, 2024
Texas Justices Will Review $116M Trucking Wreck Award
Trucking company Werner Enterprises Inc. will get a chance to upend a $116 million jury verdict that found it liable for a crash that killed a 7-year-old and paralyzed a 12-year-old, after the Texas Supreme Court said it would take up the company's appeal.
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September 03, 2024
Diamond Sports Gets OK For NBA, NHL, Ch. 11 Lender Deals
A Texas bankruptcy judge Tuesday approved a revised Chapter 11 financing deal and new NBA and NHL broadcast deals for Bally Sports Network's parent company.
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September 03, 2024
5th Circ. Won't Revive BP Spill Malpractice Settlement
The Fifth Circuit will not take another look at a proposed global settlement over accusations that attorneys botched Louisiana residents' claims following the 2010 BP Deepwater Horizon oil spill, issuing an order on Tuesday denying residents' bids for an en banc hearing to revive the settlement that a Fifth Circuit panel overturned in August.
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September 03, 2024
Split 5th Circ. Dissolves La. Voting Consent Decree
An 11-member majority of the Fifth Circuit dissolved a 30-year-old voting consent decree over how justices are elected to Louisiana's highest court, finding in a split en banc opinion that the state has "satisfied its obligations."
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September 03, 2024
Home Solar Panel Co. Lumio Hits Ch. 11 To Sell Assets
Residential solar panel provider Lumio Holdings filed for Chapter 11 protection in Delaware on Tuesday, with up to $500 million in debt and a plan to sell all of its assets to its major lender.
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September 03, 2024
Texas Judge On Joining New Statewide Appellate Court
As he moves from his seat as the first jurist to sit on the Lone Star State's 480th District Court bench to a place on Texas' newly created Fifteenth Court of Appeals, Justice Scott Field is well-prepared to "hit the ground running."
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September 03, 2024
Texas Justice On Moving To The New 15th Appeals Court
This month, Texas business courts gavel in for the first time and a newly created appellate court, the Fifteenth District, will begin accepting business court appeals as well as disputes on appeal that include the Lone Star State or a state entity as a party.
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August 30, 2024
$100M Deal Finally Ends MoneyGram Unclaimed Property Fight
Delaware will be giving back more than $100 million from uncashed MoneyGram checks to the states where they were bought after finally reaching a settlement with 29 other states that took the matter all the way to the U.S. Supreme Court.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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August 30, 2024
Real Estate Recap: RealPage, Vacancies, New Construction
Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.
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August 30, 2024
Cable Cos. Seek Latitude To Define BEAD Service Areas
If Texas wants to make the most of its $3.3 billion in Broadband Equity, Access and Deployment program money, it should allow participants the latitude to craft their own project areas when deciding which locations to build broadband infrastructure for, a major cable trade group told the state's broadband office.
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August 30, 2024
5th Circ. Rejects SEC Whistleblower Award Calculation Appeal
The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.
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August 30, 2024
Cisco Hit With $65.7M Verdict For Infringing Paltalk Patent
A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.
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August 30, 2024
Steward Says It Has Deal To Avert Some Hospital Closures
Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.
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August 30, 2024
Hotel Chains, Software Co. Fight Algorithmic Pricing Suit
Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.
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August 30, 2024
Texas Justices Won't Hear Truck Co.'s $1M Tax Exemption Bid
The Texas Supreme Court on Friday denied a freight transportation company's request for the justices to consider whether the company is exempt from state franchise tax and owed a roughly $1 million refund.
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August 30, 2024
Midyear Report: Texas Legislation To Watch Ahead Of 2025
Texas lawmakers are scheduled to convene in January, and both the Texas House and Senate are already busy preparing to introduce new legislation.
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August 30, 2024
Favre Cites Palin-NYT In Push To Reverse Defamation Ruling
Attorneys for former NFL quarterback Brett Favre asked the Fifth Circuit to consider a recent ruling granting Sarah Palin a new libel trial against the New York Times when it considers reviving his case against fellow NFL great turned sports pundit Shannon Sharpe.
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August 30, 2024
Marketing Company Fights Texas Firm's Deception Claims
An Oklahoma City legal marketing company has acknowledged in a court filing that it uses trademarks associated with a Texas lawyer in its online keyword advertising, but it said the practice is lawful and that the Texas lawyer waited too long to complain and hasn't shown actual harm from it.
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August 30, 2024
Colorado Pipeline Co. Fights $312M Property Valuation
A Colorado-based pipeline company said the state's Division of Property Taxation wrongly assessed its property at $312 million for tax year 2024, an increase of about $140 million from last year, in a complaint filed in state district court.
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August 30, 2024
Paxton Follows Through On Suit Over State Fair Firearms Ban
Texas Attorney General Ken Paxton has followed through on his threat to sue the State Fair of Texas if it didn't retract its no firearms policy, telling a Dallas County court that the exclusion of handguns from the annual event is illegal.
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August 30, 2024
Off The Bench: NFL Lets PE In, Ex-NBA Pro Denies Agent Deal
In this week’s Off The Bench, the NFL shakes up its ownership rules and joins the rest of the pro sports world, while a former NBA player says his agency is trying to cling to him after he moved on. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 30, 2024
Inaccurate TransUnion Report Ended Job Chances, Suit Says
A TransUnion unit that sells background checks was hit with a federal lawsuit in Texas accusing it of wrecking an applicant's employment prospects at Chick-fil-A by incorrectly reporting he had misdemeanor convictions for cannabis possession.
Expert Analysis
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Will Texas Stock Exchange Provide Regulatory Haven?
While the newly proposed Texas Stock Exchange may represent a market reaction to increasingly complex regulations, those looking to list on a national securities exchange should consider that their choice of an exchange may not relieve them of some of the most burdensome public company requirements, say Elizabeth McNichol and Ryan Lilley at Katten.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FLSA Conditional Certification Is Alive And Well In 4th Circ.
A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.