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Texas
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February 20, 2025
Barista, NLRB Agree To Put Constitutional Challenge On Ice
A Texas federal judge on Thursday paused a constitutional challenge against the National Labor Relations Board from a Starbucks worker represented by the National Right to Work Legal Defense Foundation, after the parties requested a stay in light of former board member Gwynne Wilcox's suit over her firing.
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February 20, 2025
Texas Claims NCAA Flouting Order On Trans Athletes
Texas Attorney General Ken Paxton alleged Thursday that the NCAA's new policy for transgender athletes does not comport with an executive order signed by President Donald Trump designed to keep student athletes from participating in sports other than those designated for their sex assigned at birth.
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February 20, 2025
Court Asks Trump's DOJ To Opine On Texas Tribal Land Fight
A Texas federal judge has ordered the U.S. government to say whether it still wants to intervene in a land dispute between the Ysleta Del Sur Pueblo tribe and the city of El Paso now that Donald Trump is president.
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February 20, 2025
Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony
Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.
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February 20, 2025
Schwab Antitrust Settlement With Investors Gets Initial OK
A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.
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February 20, 2025
Bell Textron Says Iran Is Refusing To Pay $1.7M Storage Costs
Helicopter manufacturer Bell Textron Inc. has sued the Islamic Republic of Iran in Texas federal court, claiming it is owed $1.67 million for its continued storage of equipment once owned by the pre-revolutionary Iranian government.
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February 20, 2025
Texas Judge Threatens Charges Over 'Dead' Expert's Signature
A Texas federal judge is threatening a prominent Houston attorney and elected official with criminal charges for filing a document allegedly signed by an expert witness who had been dead for nearly a year.
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February 20, 2025
Last Biden US Atty In Texas Departs After Trump Firing Move
The last remaining U.S. attorney in the Lone Star State appointed by former President Joe Biden left his post after President Donald Trump vowed to terminate all U.S. attorneys appointed by his predecessor.
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February 20, 2025
Texas Bar Forbids Revenue Sharing With Non-Atty Companies
In a new opinion, the State Bar of Texas' ethics watchdog said lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions.
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February 19, 2025
Constitutional Claims Fail To Stop SEC Insider Trading Suit
A Texas man must face U.S. Securities and Exchange Commission claims that he profited off of inside information about a Boston Scientific acquisition that he learned about from his domestic partner after a federal judge rejected his arguments that the regulator sued him unconstitutionally.
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February 19, 2025
Bid For Paxton's Jan. 6 Docs Filed In Wrong Court, AG Says
A lawyer for Texas Attorney General Ken Paxton argued Wednesday that Paxton shouldn't have to face a lawsuit from a watchdog group seeking records related to the Jan. 6, 2021, insurrection at the U.S. Capitol because the group sued in district court instead of directly with the state's high court.
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February 19, 2025
'Death Knell' For SEC Dealer Rule As Regulator Drops Appeal
The U.S. Securities and Exchange Commission on Wednesday dropped its bid to revive its expansion of the dealer definition at the Fifth Circuit after industry groups representing private funds and crypto firms successfully challenged the rule in Texas federal court last year.
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February 19, 2025
CBS Will Seek Trump's Financial Info In '60 Minutes' Discovery
Attorneys for Paramount Global and CBS Broadcasting told a Texas federal judge Tuesday that if President Donald Trump's $10 billion lawsuit accusing the network of deceptively doctoring former Vice President Kamala Harris' "60 Minutes" interview goes to discovery, they will seek information about the president's personal financials.
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
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February 19, 2025
NBA Teams Urge Justices To Take Up 'Discovery Rule' Case
Eight NBA teams facing copyright lawsuits for songs used in promotional videos without permission have filed a brief supporting a petition asking the U.S. Supreme Court to review the so-called discovery rule, a judicially created doctrine that allows claims to be brought outside the three-year statute of limitations.
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February 19, 2025
Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit
Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.
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February 19, 2025
Prospect Medical Blames Yale Lawsuit For Ch. 11 Filing
Bankrupt hospital operator Prospect Medical Holdings is seeking to convince a Connecticut federal judge to have a bankruptcy court oversee a $435 million lawsuit through which Yale New Haven Health is trying to back out of buying three Prospect hospitals, saying the case played a key role in its bankruptcy filing.
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February 19, 2025
Backup Infowars Bidder Wants Judge To Restart Auction
The backup bidder for Alex Jones' Infowars program has asked a Texas bankruptcy judge to restart an auction for the assets after a previous sale to the parent company of satirical newspaper The Onion was rejected in December.
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February 19, 2025
NBA Star's Charity Says Tourney Promoters Owe $400K
A nonprofit founded by San Antonio Spurs player Chris Paul says it and the Massachusetts-based Naismith Basketball Hall of Fame have been stiffed by a promoter and sponsor out of nearly $400,000 in proceeds for tournaments intended to showcase basketball players from historically Black colleges and universities, in a complaint unsealed Tuesday in Connecticut state court.
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February 19, 2025
Feds Urge Justices To Undo 5th Circ. Preventive Care Ruling
The U.S. Department of Health and Human Services and other federal agencies urged the U.S. Supreme Court to reverse a Fifth Circuit decision that members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, arguing the HHS secretary retained sufficient oversight.
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February 19, 2025
FinCEN Sets March Deadline For Corporate Transparency Act
The U.S. Treasury Department's Financial Crimes Enforcement Network set a new deadline of March 21 for an estimated 32 million small entities to file beneficial ownership reports relating to the Corporate Transparency Act after a Texas federal judge lifted a block on the law's enforcement.
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February 19, 2025
Former Jones Day Atty Named Solicitor General Of Arkansas
A former Jones Day attorney who has filled roles at the offices of the attorneys general in Texas and Louisiana has been tapped for the role of solicitor general in Arkansas.
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February 19, 2025
Jay-Z's Roc Nation Aims To Exit Buzbee Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it escape two lawsuits against it and Quinn Emanuel Urquhart & Sullivan LLP alleging that they recruited former clients to bring malpractice claims against the Buzbee Law Firm in retaliation for accusing the rap star of rape.
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February 19, 2025
Orrick Brings On 3-Atty A&O Shearman Energy Team
Orrick Herrington & Sutcliffe LLP announced Wednesday that the firm has bulked up its energy platform with three former Allen Overy Shearman Sterling attorneys who have come aboard as partners in California, Washington state and Texas.
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February 19, 2025
Insurer Must Cover Trucking Co. In Fatal Fire Row, Judge Says
A trucking company's insurer cannot rely on a hydrofracking exclusion to avoid covering an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, a Texas federal court ruled, rejecting the insurer's request for a new trial.
Expert Analysis
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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Title VII Compliance Lessons From Raytheon Age Bias Suit
A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.