Texas

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    ATF Says States Lack Standing In Suit Over Gun Show Rule

    The Bureau of Alcohol, Tobacco, Firearms and Explosives told a federal judge in Texas that a coalition of Republican-led attorney generals could not prove how a rule closing the so-called gun show loophole harmed the states.

  • June 10, 2024

    New State Appeals Court Is Constitutional, Texas Says

    The Texas Health and Human Services Commission asked the state's high court to reject a petition by Dallas County seeking a declaration that the newly created Fifteenth Court of Appeals is unconstitutional, saying the legislature indeed can create an appeals court with subject-matter jurisdiction.

  • June 10, 2024

    Home Flooding Was Unavoidable, Agency Tells Appeals Court

    A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.

  • June 10, 2024

    Bloomberg's Utility Bond Changes Hurt Consumers, Suit Says

    Bloomberg LP was hit with a proposed class action by California and Texas electricity customers who claim the company reclassified certain bonds issued by utility companies to elevate their perceived risk and hike interest rates, a move they say benefited institutional investors but imposed increased costs on electricity customers.

  • June 10, 2024

    Exxon Says Activist Investor Could Still Target Core Business

    Exxon Mobil Corp. sought Monday to keep alive its lawsuit against Arjuna Capital LLC in Texas federal court, arguing that the activist investor could still work behind the scenes to submit climate-related shareholder proposals despite promises in court that it will not.

  • June 10, 2024

    Judge Orders Site Worker To Film Drone Video In Cancer MDL

    A state judge said Monday that additional drone video of cleanup efforts at a contaminated rail yard sought by Houston residents living near the site must be taken by a Union Pacific Railroad Co. employee following a dispute over allegedly improper drone videos filmed over the site last month.

  • June 10, 2024

    EPA Air Compliance Rule Trumps State Powers, DC Circ. Told

    The U.S. Environmental Protection Agency usurped state authority when it issued a final rule changing the deadline for states to submit Clean Air Act compliance plans for power plants and other existing facilities within their borders, 25 Republican-led states told the D.C. Circuit.

  • June 10, 2024

    5th Circ. Upends Dallas School District Win In Age Bias Suit

    The Fifth Circuit reinstated a lawsuit from a Dallas school district worker who said she was passed over for promotions and fired because she was in her mid-50s, saying a trial court held her to too high a standard when it threw out her lawsuit.

  • June 10, 2024

    Chemical Manufacturer Beats Rehire Order In Fight With Union

    A Texas federal judge has vacated an arbitration award ordering a chemical and ammunition manufacturer to rehire an employee who it accused of lying about receiving confidential information from a union steward, finding the award didn't draw its essence from the union contract.

  • June 10, 2024

    Amid FBI Probe, Troubled Law Firm Gets Fees Win At 5th Circ.

    An embattled Texas law firm has won another shot to secure fees for its work on hurricane-related cases in Louisiana, the Fifth Circuit ruled, one day after the FBI revealed it was investigating the firm over its client solicitation practices.

  • June 10, 2024

    Addus HomeCare Buys Gentiva's Personal Care Biz For $350M

    Home care services company Addus HomeCare Corp. on Monday unveiled plans to buy the personal care operations from hospice company Gentiva for an anticipated price of roughly $350 million in a deal shaped by three law firms.

  • June 10, 2024

    Texas Urges 5th Circ. To Prioritize DHS Parole Program Appeal

    Texas has urged the Fifth Circuit to expedite its bid to revive a challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying time is of the essence because the case has major implications on federal immigration policy.

  • June 10, 2024

    Catching Up With Delaware's Chancery Court

    Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.

  • June 10, 2024

    Elliott Presses Southwest Airlines For Leadership Changes

    Elliott Investment Management LP said Monday that it has amassed a stake in Southwest Airlines of approximately $1.9 billion as it pushed the airline to make leadership changes, but Southwest was quick to defend its top brass. 

  • June 07, 2024

    Talc User With Cancer Had 2nd Exposure Path, Jury Hears

    A pulmonologist helping make the case that a Texas man got mesothelioma from using Johnson & Johnson talcum powder was pressed Friday as to why he failed to tell jurors that medical records reflect the man had a separate type of asbestos exposure.

  • June 07, 2024

    Real Estate Authority: EPA's Brownfield Funding Surge

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.

  • June 07, 2024

    Uber Targets Most Calif., Texas Claims In Driver Assault MDL

    Uber urged a California federal judge Friday to toss the majority of claims from plaintiffs in California and Texas in multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assaults, saying it can't be held responsible for the actions of individual drivers under those state's laws.

  • June 07, 2024

    LIHTC Developer Asks 11th Circ. To Undo Investor Takeover

    A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.

  • June 07, 2024

    CFPB Urges 5th Circ. To Holster 'Weapon' In Late Fee Fight

    The Consumer Financial Protection Bureau has urged the Fifth Circuit to refrain from using one of its "most potent weapons" to shoot down a Texas federal judge's order sending an industry challenge to the agency's credit card late fee rule to Washington, D.C.

  • June 07, 2024

    Texas Jury Clears Michaels In Paint-By-Number TM Suit

    Arts and crafts retailer Michaels Stores Inc. did not infringe a paint-by-number company's trademarks to create a competing product, a Texas federal jury determined.

  • June 07, 2024

    Split 5th Circ. Panel Calls Texas County 'True Library Police'

    A Texas public library will have to reshelve several books that deal with issues such as racism and sexuality after a contentious majority ruling by a Fifth Circuit panel called the public officials and residents behind the book bans "the true library police."

  • June 07, 2024

    Parking Lot Tech Co. Wants Rival To Hit The Brakes

    A Texas company that develops parking enforcement technology is suing a competitor in Colorado federal court, claiming the rival is infringing three of its patents that cover the use of a camera to track vehicles entering and exiting lots, automated fees, and ticketing. 

  • June 07, 2024

    Pedicure Chair Co. Settles Patent Suits With Nail Salon, Seller

    A company that sells pedicure chairs has reached settlements in litigation accusing a North Carolina nail salon and a Texas spa furniture retailer of using and selling chairs that infringe its patent.

  • June 07, 2024

    Texas Farmers Sue EPA For 'Forever Chemical' Contamination

    Five Texas farmers have told a D.C. federal court that the U.S. Environmental Protection Agency should have done more to stop "forever chemicals" from contaminating their farmland, claiming that they've suffered medical problems from the exposure.

Expert Analysis

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q4

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    Among the most noteworthy developments in the Texas banking sphere in the last quarter of 2023 were the Texas Department of Banking's extension of the state banking commissioner's authority, a recommendation to implement an updated ransomware self-assessment tool, and ongoing litigation in the state involving the Consumer Financial Protection Bureau, says Patrick Hanchey at Alston & Bird.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • A Year Of Transition At The Agenda-Setting 5th Circ.

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    Under the spotlight of hot issues this year, the Fifth Circuit has appeared to be an ideological court generating controversial decisions and attracting certiorari-grants — but in the shadows and liminal spaces of the everyday issues, the court and its members operate in a much more nuanced and less-divisive way, says Tad Bartlett at Fishman Haygood.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

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