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July 31, 2024
Greenberg Traurig Adds Michelman & Robinson's Dallas Head
Greenberg Traurig LLP has fortified its litigation and intellectual property and technology practices with a shareholder who previously served as managing partner of Michelman & Robinson LLP's Dallas shop.
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July 31, 2024
5th Circ. Slams Injunction Against Texas In Buoy Fight
The majority of the full Fifth Circuit ruled that a Texas federal court abused its discretion by ordering Texas to move a 1,000-foot buoy barrier meant to deter migrants in the Rio Grande to its own riverbank.
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July 30, 2024
Texas Border Buoy Trial Must Go On, Judge Says
A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay.
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July 30, 2024
Texas' Meta Deal Signals Future Data Privacy Actions
While the announcement of an "astronomical" $1.4 billion settlement between Texas and Meta Platforms Inc. on Tuesday won't lead to a flood of consumer suits, it's "absolutely" a signal of future enforcement actions by the Lone Star State in the data privacy sphere, experts told Law360.
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July 30, 2024
Texas Appeals Court Says $10M Verdict For Railcar Co. Stands
A Texas appeals court said that Trinity Industries Leasing Co. is entitled to the full $10.6 million verdict that a jury previously awarded the company, finding Monday that corrosion on a railcar by itself didn't trigger limitations on Trinity's breach claim.
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July 30, 2024
NYC Loses Injunction Bid In Texas Migrant Busing Suit
A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.
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July 30, 2024
Chancery Rejects Forte-Camac Deal As 'Not Fair' To Class
A Delaware Chancery Court judge on Tuesday rejected a settlement between Forte Biosciences Inc. and Camac Partners LLC that would have ended the activist investor's class action over Forte's alleged board entrenchment, finding that the proposed deal gave Camac "unique and personal benefits" that weren't shared with the rest of the class.
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July 30, 2024
Ebix Ch. 11 Plan Ruling Held Up By Liability Release Dispute
A Texas bankruptcy judge declined to rule Tuesday on Ebix Inc.'s request for Chapter 11 plan confirmation, telling the parties he needed more time to sort out a dispute over third-party releases contained in the reorganization deal.
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July 30, 2024
Crypto Groups Say Loper Bright Defeats SEC Dealer Rule
The crypto industry groups fighting U.S. Securities and Exchange Commission regulations that could force some of their members to register with the agency as securities dealers are arguing that the U.S. Supreme Court's recent abandonment of Chevron deference bolsters their argument that the SEC lacked the authority to expand its definition of dealer.
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July 30, 2024
Mass. Says $30M Funding For Steward Will Fund Quick Sales
The Commonwealth of Massachusetts has told a Texas bankruptcy judge that its agreement to pay $30 million to debtor Steward Health Care is designed to help fund operations at the debtor's struggling hospitals while sales are pursued.
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July 30, 2024
PTAB Scraps 4 Patents At Heart Of $12M Google Trial Loss
A Texas app developer fighting Google over its calling patents has suffered a series of blows at the patent board after judges there ruled that language in most of those patents were not very new, putting a $12 million jury verdict for the app-maker in jeopardy.
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July 30, 2024
GAO Denies Protest Over Invasive Species Control Contract
The U.S. Government Accountability Office has rejected a Washington state-based veteran-owned business's challenge of a herbicide order awarded to a rival vendor and its claim that the U.S. Department of the Interior should have sought a quote from it first.
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July 30, 2024
Cozen O'Connor Adds IP Pro From Texas Litigation Boutique
Cozen O'Connor announced Tuesday that it has strengthened its intellectual property department with a Dallas-based litigator who came aboard from Carter Arnett Bennett & Perez PLLC.
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July 30, 2024
O'Melveny Adds Ex-Winston & Strawn Trial Partner In Houston
O'Melveny & Myers LLP has hired the former head of Winston & Strawn LLP's Houston litigation practice as a partner in its general litigation and energy industry practice groups, it announced on Tuesday.
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July 30, 2024
Houston Energy CEO Ran $21M Stock Scheme, SEC Says
The U.S. Securities and Exchange Commission on Monday sued the head of a Houston energy company in Texas federal court, alleging he raised more than $21 million from over 300 investors nationwide through a fraudulent and unregistered offering of preferred stock in his fuel-blending company.
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July 30, 2024
Texas, Meta Reach Historic $1.4B Deal In Biometric Data Suit
The state of Texas has reached a historic $1.4 billion settlement with Meta Platforms Inc. in a lawsuit accusing the social media giant of illegally collecting Facebook users' biometric data through its now-discontinued facial recognition feature, attorneys for the state announced Tuesday.
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July 29, 2024
5th Circ. Pauses DOT's New 'Junk Fees' Rule Amid Review
The Fifth Circuit on Monday agreed to temporarily block a U.S. Department of Transportation rule requiring airlines to clearly disclose add-on fees upfront while the appellate court reviews the rule, which has been challenged by major airlines and airline associations.
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July 29, 2024
CFPB Cites Thomas In New Bid To Transfer Late Fee Rule Suit
The Consumer Financial Protection Bureau on Monday took another whack at getting an industry-backed legal challenge to its $8 credit card late fee rule transferred from Texas federal court to Washington, D.C., this time drawing on U.S. Supreme Court Justice Clarence Thomas for a little rhetorical help.
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July 29, 2024
Comcast Reaches Deal To Bring Bally Sports Back To Xfinity
Comcast has reached an agreement with the bankrupt owner of Bally Sports to again distribute its regional sports networks to Xfinity TV customers, according to an announcement made Monday.
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July 29, 2024
FTC, Challengers, Their Backers Vie For Noncompetes' Fate
The fate of the Federal Trade Commission's noncompete ban is on the line as the agency trades blows with the U.S. Chamber of Commerce and other challengers spread across three different federal courts, all now grappling with a decision last week providing important backing to the FTC's rulemaking authority.
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July 29, 2024
7th Circ. Affirms Defective Protein Pouch Suit Came Too Late
The Seventh Circuit on Friday upheld a Wisconsin federal court's decision to dismiss a suit brought by a protein powder maker founded by a bodybuilder over the manufacturer of zipper pouches on the grounds that statutes of limitations and other laws barred its claims.
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July 29, 2024
Albright Grants Verizon, T-Mobile Wins Over VoIP-Pal
A sealed ruling from U.S. District Judge Alan Albright on Monday might have put an end to patent lawsuits facing Verizon and T-Mobile that were, at one point, potentially worth over $5 billion.
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July 29, 2024
Subcontractor Partially Nixes Claims Over Defense Of MDL
A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against one of its insurers in Texas federal court, while noting it's still pursuing its coverage demands against two other insurers.
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July 29, 2024
Gilstrap Finds Nothing Between The Lines Of Barcode Patents
A handful of barcode scanning patents issued to prolific litigant Leigh Rothschild met their fate in Texas, with U.S. District Judge Rodney Gilstrap deciding they "recite no more than generic computer operations."
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July 29, 2024
4 Takeaways After Courts Block ERISA Advice Regs
Two Texas federal judges' takedowns of the U.S. Department of Labor's recently expanded definition of a fiduciary under the Employee Retirement Income Security Act has limited the agency's authority to oversee certain kinds of retirement investment advice, attorneys say, including some rollover situations. Here, Law360 looks at four things benefits lawyers have taken away from the decisions.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Disability Benefits Ruling Holds Claim Evaluation Lessons
In Haynes v. Principal Life Insurance, a Texas federal court recently overturned a disability benefits denial, providing both claimants and insurers with valuable insight on what constitutes a valid benefits claim, says Mark DeBofsky at DeBofsky Law.