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July 29, 2024
Texas Judge Blocks NLRB Suit Over ALJ Removal Protections
A Texas federal judge blocked the National Labor Relations Board on Monday from prosecuting claims that an energy company unlawfully transferred and fired a worker who complained about safety issues, saying the agency's in-house judges are unconstitutionally insulated from removal.
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July 29, 2024
Ex-Vitol Oil Trader Can't Unwind Conviction After Bribery Trial
A New York federal judge refused Friday to acquit former Vitol Oil Group trader Javier Aguilar or grant him a new trial following his February conviction on charges that he bribed Ecuadorian and Mexican officials to win $500 million in business deals for the global energy and commodities company.
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July 29, 2024
MoneyGram Opposes CFPB, NY's 'Futile' Bid To Bolster Case
MoneyGram told a New York federal judge that the state and federal regulators' bid to update their complaint against the remittance service is a "bad faith attempt" to "salvage" a case that should either be transferred to MoneyGram's home district of Texas or tossed entirely.
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July 29, 2024
Converge And Magellan Settle Antitrust Suit Ahead Of Trial
Houston-based Converge Midstream LP and two Magellan companies have reached a settlement in their 2022 antitrust dispute over their participation in the Houston crude oil market, sources confirmed Monday.
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July 29, 2024
NRA Avoids Compliance Monitor In NY AG Case
A Manhattan judge on Monday rejected the New York attorney general's request for a compliance monitor to oversee the National Rifle Association, saying such relief would "result in a long, awkward and potentially speech-chilling government involvement in a political organization."
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July 29, 2024
Immigration Firm Wants Injunction In Trade Secret Fight
A Washington-based immigration law firm is arguing that a Colombian ex-employee helped a Houston immigration law firm poach its offshore employees in Colombia and copy its business model for building a large-scale firm, and that the court must declare a preliminary injunction to stop "irreparable harm."
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
Nixon Peabody Hires Morgan Lewis IP Atty
Nixon Peabody LLP has hired a Morgan Lewis & Bockius LLP associate whose practice focuses on the gamut of intellectual property matters, like representing clients on patent, trademark, and trade secret disputes, the firm announced Monday.
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July 29, 2024
NC Attys Dismissed From Malpractice Suit Over Missed Filing
A pair of North Carolina-based attorneys involved in a legal malpractice suit filed by the parents of two children who died in a car fire were voluntarily dismissed from the family's suit against their former firm.
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July 29, 2024
Remainder Of DOL Fiduciary Regs Blocked In Texas
A Texas federal judge froze the remainder of a package of regulations from the U.S. Department of Labor expanding the definition of a fiduciary under the Employee Retirement Income Security Act, after a judge blocked most of the policy in an adjacent district the day before.
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July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
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July 26, 2024
Ex-Magistrate Judge Picked To Oversee Texas Insurance Fight
A New York federal judge has appointed a former magistrate judge to oversee a dispute between a Texas school district and several insurers who allegedly stiffed the district $17 million in damages following Hurricane Hanna.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
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July 26, 2024
Insurer Says It Needn't Cover Divorce Attys In Malpractice Suit
Hanover Insurance Group asked a federal court Friday to rule that it doesn't have to defend a pair of Houston-area divorce attorneys in a legal malpractice suit alleging they botched a divorce case.
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July 26, 2024
Kinder Morgan Shorted Early Retirement Benefits, Judge Says
A pension plan inherited by Kinder Morgan Inc. when it acquired El Paso Corp. was wrongly amended to prevent workers from accumulating early retirement benefits, a Texas federal judge ruled, siding with a class of retirees who claimed the changes violated federal benefits law.
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July 26, 2024
Chancery Questions $3.5M Atty Fee For Failed Proxy Battle
An activist shareholder that launched a failed proxy contest at First Foundation Inc. struggled to convince a Delaware Chancery Court judge Friday that the settlement it reached with the Texas-based bank was worth a $3.5 million attorney fee.
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July 26, 2024
FTC Powers Get A Boost In Philly In Noncompete Ban Saga
The Federal Trade Commission's contested regulatory and enforcement powers got a much-needed endorsement when a Pennsylvania federal judge refused to temporarily block a ban on employment noncompete agreements.
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July 26, 2024
Domino's Says Driver's Atty Should Pay Up For Doomed Suit
Domino's Pizza said Thursday a law firm that lost a case claiming delivery drivers weren't properly reimbursed for expenses should know its new suit against the company will fail for the same reasons, asking a Michigan federal judge for sanctions because the firm should know the new plaintiff must also arbitrate her claims.
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July 26, 2024
Texas Justices Announce Fees For Statewide Business Court
The Texas Supreme Court said Friday that actions filed in and removed to the business court will cost $2,500, unveiling the fee schedule for the state's latest venue.
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July 26, 2024
5th Circ. Can't Shake Remand Order In Firm Poaching Dispute
The Fifth Circuit is powerless to review a remand order issued by a Texas district court in a Houston law firm's poaching suit against a former associate, with a panel finding that, although "intuition and basic legal principles" suggest the circuit court holds appellate jurisdiction to weigh in, precedent forbids it.
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July 26, 2024
Magellan Denied Pretrial Win On Eve Of Houston Antitrust Trial
A Houston judge has declined to grant two Magellan companies a pretrial win on the eve of trial in a 2022 antitrust case brought by Converge Midstream LP.
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July 26, 2024
NFL Leads Sports & Betting Cases To Watch For Rest Of 2024
Significant cases involving major American pro sports organizations have earned extra attention as the second half of 2024 begins, as have cases involving young professional athletes, college recruits and youth sports participants. Still, the NFL remains king with its footprint all over the list of must-follow cases for the rest of the year.
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July 26, 2024
Insurance Trade Group Challenges FTC's Noncompete Ban
The American Property Casualty Insurance Association backed a tax preparation company and the U.S. Chamber of Commerce's challenge to the Federal Trade Commission's ban on noncompete agreements, telling a Texas federal court that the rule would "significantly disrupt the insurance producer landscape."
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July 26, 2024
Texas Appeals Court Leaves Antique Car Suit Stalled
A Texas appeals court declined to revive a couple's breach of contract suit against a broker of collectible cars, filed over disputed payments from the sale of five antique cars, holding that a trial court correctly ruled they should take nothing on their claims.
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July 26, 2024
Texas Federal Judge Blocks DOL Investment Advice Rule
A Texas federal judge granted a bid from insurance industry groups to freeze U.S. Department of Labor regulations that expand who qualifies as a fiduciary under federal benefits law, saying the agency's new rule "suffers from many of the same problems" as a previous DOL rule the Fifth Circuit invalidated in 2018.
Expert Analysis
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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.
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4 PR Pointers When Your Case Is In The News
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.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
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.
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After Headwinds, 2024 May See Offshore Wind Momentum
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.
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Law Firm Strategies For Successfully Navigating 2024 Trends
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.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
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.
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Inside Higher Education's New FCA Liability Challenges
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.
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5 Most Notable Class Action Standing Cases Of 2023
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.
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Attorneys' Busiest Times Can Be Business Opportunities
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.