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August 09, 2024
4 Firms Guiding Italian IT Firm Almaviva's $335M Iteris Buy
Italian digital innovation group Almaviva S.p.A. has agreed to purchase Austin, Texas-based infrastructure management provider Iteris Inc. for approximately $335 million equity value, Iteris said in a statement Friday.
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August 09, 2024
Marketer Seeking Dismissal Of Mass. Data Privacy Suit
Texas-based online marketing company InMarket Media LLC is asking a Massachusetts federal judge to toss a proposed class action by two women who say the company secretly collected and sold location data through its apps, arguing in a motion to dismiss that the court lacks jurisdiction over the company.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
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August 09, 2024
Jury's $1M Paralysis Verdict Against Insurer Overturned
A Texas federal judge overturned a jury's verdict and decided an insurer didn't have to cover a $1 million settlement between a former high school gymnast who became quadriplegic after taking LSD and the owners of the home where he ingested the drugs.
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August 09, 2024
Ads Group Nixes Anti-Hate Initiative Days After Musk Suit
The World Federation of Advertisers is pulling the plug on an initiative aimed at avoiding advertising next to hate speech and other "illegal or harmful content," days after drawing a lawsuit from Elon Musk's X Corp. calling the program an anticompetitive group boycott.
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August 09, 2024
Barnes & Thornburg Taps Trial Atty As Dallas Office MP
When Thomas Haskins joined Barnes & Thornburg LLP in 2015, he'd practiced law about six years. More than nine years later, the firm where he first became a partner has named him its Dallas office managing partner and elected him to the firmwide management committee, according to an announcement Friday.
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August 09, 2024
5th Circ. Affirms Engineering Co.'s Loaders Don't Get OT
A group of workers for a screw pile engineering company fell under the Motor Carrier Act overtime exemption because they performed loading duties often enough to be covered by the carveout, the Fifth Circuit ruled, backing a Texas federal court's dismissal of their suit.
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August 08, 2024
Jurors Weigh $200M For Carbon Monoxide Leak Victims
Counsel asked jurors during closing arguments Thursday in a Dallas County court to give his two child clients a voice after a carbon monoxide leak allegedly left them partially mute, saying that while his clients can't speak, the jurors can deliver a verdict to "speak for them."
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August 08, 2024
Auto Paint Co. Faces Investor Suit Over Competition Woes
Vehicle paint protection company XPEL Technologies misled investors about the extent of competition it faced in the marketplace and how the changing demographics of electric vehicle buyers would affect the business, according to a proposed class action filed Thursday in Texas federal court.
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August 08, 2024
CFPB Urges 5th Circ. To Revive Anti-Bias Exam Policy
The Consumer Financial Protection Bureau has appealed to the Fifth Circuit to reinstate a 2022 policy that expanded the scope of the agency's anti-discrimination oversight, saying a Texas federal judge's decision to strike it down last year could allow even so-called debanking to go unexamined.
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August 08, 2024
Texas Acts Like It Has 5th Circ. In 'Back Pocket,' Judge Says
U.S. District Judge David Ezra accused a Texas state attorney of misleading the Fifth Circuit by hinting that he may ignore the appellate court's decision to overrule his order for the state to move a barrier deterring migrants from crossing the Rio Grande.
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August 08, 2024
Valve Says 'Enough Is Enough,' Seeks Patent Suit Sanctions
Video game maker and online game store operator Valve Corp. urged a Texas federal judge to punish a Texas company that Valve called a "patent troll" in its sanctions motion for allegedly re-arguing "frivolous" legal theories and purposely taking its barcode patent infringement suit to an allegedly improper venue.
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August 08, 2024
CenterPoint Accused Of Mishandling Worker Retirement Plan
A group of CenterPoint Energy employees hit the company with a proposed class action on Wednesday, alleging the entity mismanaged their employee retirement plan and cost participants millions of dollars.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
Pitney Bowes Spins Off E-Commerce Biz Into Ch. 11
A former unit of shipping company Pitney Bowes Inc. filed for Chapter 11 protection Thursday in Texas bankruptcy court with more than $100 million in debt and plans to liquidate its assets.
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August 08, 2024
Calif. Atty Says Lending Groups Illegally Threatened Fee Suit
A California attorney is accusing his former clients of illegally threatening a lawsuit over a $91,000 invoice, according to a suit filed in a Texas federal court.
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August 08, 2024
Former In-House Atty Says Mortgage Co. Was 'Oppressive'
A former staff attorney for mortgage company Newrez LLC alleges in a Texas state court lawsuit made public this week that she was terminated last year after witnessing a deputy general counsel engage in sexually inappropriate conduct with an intoxicated subordinate attorney at a work-related gathering.
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August 08, 2024
FedEx Sued By 15K Drivers After OT Collectives End
About 15,000 drivers who worked for FedEx across the U.S. through intermediary employers have filed lawsuits in Pennsylvania and Massachusetts federal courts arguing the logistics giant is responsible for their lack of overtime wages as a joint employer, launching individual claims following a failed effort to sue as a collective.
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August 08, 2024
Texas Co. Says Timex Infringed Wearable Device Data Patent
A Texas company took Timex Group USA Inc. to Connecticut federal court alleging that the watch company infringed its patent for "systems, methods and apparatuses for enabling wearable device users access to secured electronic systems" by putting out a line of smartwatches for families to keep track of their children.
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August 07, 2024
5th Circ. Pushes DOL On Salary Thresholds For OT Eligibility
A Fifth Circuit panel told the government during oral arguments Wednesday that the Labor Department needed to provide more substantial reasoning as to how it determines workers' overtime eligibility, saying that just because it has set salary thresholds for nearly a century doesn't mean it gets carte blanche.
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August 07, 2024
5th Circ. Upholds Dow Chemical's Escape From Age Bias Suit
The Fifth Circuit on Wednesday refused to revive a Texas woman's lawsuit accusing Dow Chemical of age discrimination and retaliation, saying in a published opinion that the former senior health service manager failed to properly exhaust her administrative remedies before filing suit.
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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
Highland, Co-Founder Battle Over $70M Debt In 5th Circ.
Venture capital firm Highland Capital and a company owned by Highland co-founder James Dondero squared off before a Fifth Circuit panel on Tuesday, debating whether a jury was needed to weigh defenses against claims that he and his companies owe the VC firm more than $70 million.
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August 07, 2024
Bid For Ex-Judge's Phone Records Halted At Texas Hearing
A Texas bankruptcy judge shut down a bid from JCPenney's bankruptcy administrator to subpoena former Judge David R. Jones' cellphone records in a partially sealed hearing Wednesday in connection with Jones' secret romance with a onetime lawyer at Jackson Walker LLP.
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August 07, 2024
Biden Trampled Free Speech With Israeli Sanctions, Suit Says
A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.
Expert Analysis
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.
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Why Fed. Circ. Should Resolve District Split On Patent Statute
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Texas Hair Bias Ruling Does Not Give Employers A Pass
A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.