Texas

  • August 27, 2024

    Judge Sweeten Brings AG Insight To Texas Business Court

    As a former attorney with the Texas attorney general's office, newly appointed Business Court Judge Patrick K. Sweeten is no stranger to complex litigation.

  • August 27, 2024

    Kirkland Adds Energy Regulatory Pro From Vinson & Elkins

    Kirkland & Ellis LLP has hired a corporate attorney who worked at Vinson & Elkins LLP for 16 years as a partner in its energy regulatory practice group.

  • August 26, 2024

    Biden Admin's New Green Card Rule Hit With 14-Day Pause

    A Texas federal judge on Monday temporarily halted the Biden administration from granting parole under its new program for noncitizen spouses and stepchildren of U.S. citizens seeking green cards from within the U.S., days after Texas accused the administration of exceeding its parole authority.

  • August 26, 2024

    Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies

    Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.

  • August 26, 2024

    Care.com To Pay $8.5M To Settle FTC's Deception Claims

    Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.

  • August 26, 2024

    AT&T To Pay $950K To Settle With FCC Over 911 Outage

    AT&T has agreed to pay $950,000 to end an enforcement action stemming from an August 2023 outage that affected 911 calls in parts of four states, the Federal Communications Commission said Monday.

  • August 26, 2024

    Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med

    A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.

  • August 26, 2024

    Ga. Judge Won't Let DOL Play 'Sorcerer' With H-2A Wage Rule

    A Georgia federal judge on Monday restricted the U.S. Department of Labor's ability to enforce a rule increasing wages for H-2A foreign agricultural workers during litigation, saying the law is unconstitutional because it violates the 1935 National Labor Relations Act.

  • August 26, 2024

    Jury Awards Lashify $31M In Worldbeauty Patent Case

    Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.

  • August 26, 2024

    5th Circ. Won't Revive Texas Teacher's Age Bias Suit

    The Fifth Circuit backed the dismissal of a teacher's suit claiming he was pulled from his teaching job and placed into a support role because of his older age, saying Monday he failed to show that discrimination drove the Texas school district's decision rather than his poor performance.

  • August 26, 2024

    CFPB Defeats Challenge To Small-Biz Lending Rules

    The Consumer Financial Protection Bureau landed an early win Monday in an industry-backed challenge to its reporting requirements for small business lenders, with a Texas federal judge finding the rule "is much more modest than plaintiffs would lead the court to believe."

  • August 26, 2024

    Bank Co. Disputes AIG's Reading Of Covered Defense Costs

    A bank owner defended its amended claims that an AIG unit violated the Texas Insurance Code, telling a Texas federal court that AIG unlawfully issued it late defense payments and refused to cover defense costs that "incidentally" benefited its affirmative underlying claims.

  • August 26, 2024

    Texas Biz Court: Getting To Know The Lone Star State's New Bench

    Judges of Texas' new statewide business court will gavel in on Sept. 1, when they will begin hearing certain complex business disputes in which the amount in controversy exceeds $5 million. Here, catch up with Law360's coverage of the Lone Star State's newest courts.

  • August 26, 2024

    Dallas Biz Judge Whitehill On Serving A Critical Need

    As Texas continues to grow, Business Court Judge William "Bill" Whitehill sees the state becoming more and more of an international hub for business and finance. Here, Law360 speaks with Judge Whitehill about the newly created business courts, which he says will give businesses around the world a chance to litigate their disputes with predictability.

  • August 26, 2024

    Fort Worth Biz Judge Stagner On Bringing Stability To Bench

    Texas Business Court Judge Brian Stagner has litigated across the U.S. and when presented the opportunity to serve as a judge in the newly created court, Stagner thought, "Why should Delaware have all the fun?"

  • August 26, 2024

    Fort Worth Biz Judge Bullard On Giving Back

    While Texas Business Court Judge Jerry Bullard never aspired to the bench, encouragement from the Fort Worth legal community and the idea of being a part of something new nudged him into serving. Here, Law360 speaks with Judge Bullard about the new court.

  • August 26, 2024

    Judge Declines To Enhance $45M Doorbell Video IP Verdict

    A Texas federal judge said Monday that Vivint Inc. need only pay the $45.4 million a jury said it owes video doorbell maker SB IP Holdings LLC for infringing its audiovisual patents along with pre- and post-judgment interest, declining to enhance the award at the patent holder's request.

  • August 26, 2024

    New $400M Suit Over NBA Jersey Deal Alleges Owner Threats

    A beverage company and its founder have accused the NBA's Houston Rockets of defrauding it in a proposed jersey sponsorship and product promotion deal, and claimed that owner Tilman Fertitta sent his lawyers to threaten them, in a suit filed in Florida federal court that seeks more than $400 million in damages.

  • August 26, 2024

    Kirkland-Led CenterOak Clinches 3rd Fund With $1.1B In Tow

    Dallas-based private equity shop CenterOak Partners LLC, advised by Kirkland & Ellis LLP, on Monday said that it nabbed over $1.1 billion of total commitments for its third private equity fund.

  • August 26, 2024

    5th Circ. Holds Off On Gulf Fishery Council Rule Challenge

    The Fifth Circuit on Friday ordered a Mississippi federal judge to decide key issues that went unaddressed in his ruling upholding a fishing limit in the Gulf of Mexico, saying that new case law must be applied before it handles the appeal.

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

  • August 26, 2024

    Latino Nonprofit Drops Suit Over Houston At-Large Voting

    Civil rights organization LULAC has dropped a 2022 lawsuit against the city of Houston alleging that its at-large voting system for certain City Council positions discriminates against Latino voters.

  • August 26, 2024

    McKesson Inks $2.49B Deal For Cancer-Focused Biz

    Healthcare services provider McKesson Corp. on Monday announced plans to acquire a majority stake in Paul Weiss Rifkind Wharton & Garrison LLP-advised Florida Cancer Specialists & Research Institute's Community Oncology Revitalization Enterprise Ventures for $2.49 billion.

  • August 26, 2024

    Ex-Branscomb Atty Must Comply With Arbitration Award

    A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.

  • August 26, 2024

    Texas Bitcoin Miner Hits Ch. 11 With More Than $50M In Debt

    Cryptocurrency miner Rhodium filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt.

Expert Analysis

  • Defamation Suit Tests Lanham Act's Reach With Influencers

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    Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Navigating The Murky Waters Of Patent Infringement Damages

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    Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 3 Healthcare FCA Deals Provide Self-Disclosure Takeaways

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    Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.

  • Opinion

    Congress Must Increase Small Biz Ch. 11 Debt Cap

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    Congress must act to reinstate Subchapter V, which recently sunsetted when the debt threshold to qualify reverted from $7.5 million to just over $3 million, meaning thousands of small businesses will no longer be able to use the means of reorganization, says Daniel Gielchinsky at DGIM Law.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

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    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Patent Lessons From 5 Federal Circuit Reversals In June

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    A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance

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    A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.

  • What To Know As Children's Privacy Law Rapidly Evolves

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    If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.

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