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Texas
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February 27, 2025
5th Circ. Won't Revive Sheriff's Workers' Leave Policy Suit
The Fifth Circuit declined Thursday to reinstate a lawsuit employees brought against the Harris County Sheriff's Office over a policy restricting how they can use the compensatory time off they receive in lieu of overtime wages, saying the workers cannot show they have a property interest to the accrued time.
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February 27, 2025
Lewis Brisbois Foe Urges 5th Circ. To Let TM Feud Go To Jury
The main defendant of a group that was found liable for willfully stealing Lewis Brisbois Bisgaard & Smith LLP's name for its mediation business has told the Fifth Circuit that a Texas federal court committed more than a dozen abuses of discretion and that the trademark dispute should go before a jury.
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February 27, 2025
Payment Processor Sues Trulieve Over Cashless ATMs
A Texas payments processor is suing multistate cannabis giant Trulieve in Arizona state court, alleging the company's use of so-called cashless ATMs to handle retail marijuana sales triggered close to $1 million in fines.
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February 27, 2025
Texas Attorney Says He Can Contact Party While Pro Se
An attorney barred from practicing law for five years has told the Texas Supreme Court that he was allowed to contact members of the Texas Bar's disciplinary wing instead of their counsel because he was pro se, asking the court to toss his punishment.
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February 27, 2025
Ex-Trump Atty Powell's Mich. Misconduct Hearing Set For May
The Michigan Attorney Discipline Board on Thursday announced the date for a misconduct hearing for Trump campaign lawyer Sidney Powell and other attorneys who were allegedly involved in a legal challenge to Michigan's 2020 presidential election results and supporting Donald Trump's election fraud theories.
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February 27, 2025
More CFPB Attys Departing Amid Agency Uncertainty
Two more Consumer Financial Protection Bureau litigators are leaving the agency as it faces uncertainty due to the new presidential administration, including an attorney who has been with the agency since its creation in 2011.
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February 27, 2025
King & Spalding Finance Ace Jumps To Bracewell In Houston
Bracewell LLP built out its finance team this week with a partner focusing on complex lending matters in the energy industry joining the firm in Houston from King & Spalding LLP's corporate finance and investments practice.
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February 27, 2025
Whistleblowers Fired By Paxton Propose $6.75M Settlement
Four of Texas Attorney General Ken Paxton's former top deputies-turned-whistleblowers are asking for more than $6.75 million from his office to settle claims they were unlawfully fired for reporting Paxton's possible abuses of office to the FBI in 2020.
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February 27, 2025
Texas Atty Seeks Woman's Employment Docs In Sex Tape Case
A Houston attorney accused of filming a sexual encounter with a woman and sharing it without her consent has asked a Texas state court for permission to subpoena the woman's employment records to help him defend against her suit.
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February 27, 2025
5th Circ. Backs Texas Medical Center's Race Bias Suit Win
The Fifth Circuit refused to revive a Black researcher's suit claiming a University of Texas medical center fired him because he complained that a supervisor made offensive comments and impeded his work, finding he'd failed to identify a non-Black employee who was treated better.
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February 26, 2025
Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit
Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.
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February 26, 2025
WDTX Chief Judge Won't Steer Hyundai IP Suit To Albright
The Western District of Texas' top judge has batted down an Oregon tech company's effort to move its patent lawsuit against Hyundai to the court of U.S. District Judge Alan Albright, ruling that the presence of at least three related lawsuits in front of the judge "does not provide this court with sufficient justification for intra-district transfer."
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February 26, 2025
5th Circ. Mulls Whether PPP Ineligibility Precludes Forgiveness
A Fifth Circuit panel seemed wary Wednesday of buying a truck dealer's argument that the U.S. Small Business Administration should forgive its PPP loan, pondering whether doing so could have far-reaching consequences for litigation surrounding CARES Act loans.
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February 26, 2025
Planned Parenthood Immune From FCA Suit, 5th Circ. Says
Planned Parenthood is entitled to attorney immunity, the Fifth Circuit said Wednesday in a case that had accused the organization of improperly billing Medicaid programs for millions after losing its Medicaid credentials.
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February 26, 2025
Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused
A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.
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February 26, 2025
No DQ For Norton Rose In Texas Competition Row, Court Says
Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.
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February 26, 2025
Bowlero Strikes California Bowling With Contract Breach Suit
Bowling giant Bowlero, which owns and operates the Professional Bowlers Association, has filed a breach of contract suit against California Bowling LLC in New York federal court, alleging that the Texas-based bowling company tried to terminate an agreement more than a year before it expired and that it owes Bowlero nearly $300,000.
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February 26, 2025
Albright Won't Rethink Tossing VolP-Pal's Patent Fights
U.S. District Judge Alan Albright declined to reconsider the court's decision to throw out VoIP-Pal's patent lawsuits against Verizon and T-Mobile, saying Wednesday that the plaintiff has failed to offer any new evidence.
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February 26, 2025
Driver Accuses Geico Of Lying About Accident Forgiveness
Geico unlawfully disguises rate increases as surcharges, a driver alleged in a suit filed in Texas federal court, saying his premium nearly doubled after an accident despite being enrolled in an accident forgiveness program.
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February 26, 2025
Party City Approved To Sell IP, Assets For $20.6M In Ch. 11
A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.
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February 26, 2025
Texas Chief Justice Blasts ABA, Urges 'Politically Neutral' Bar
Texas Supreme Court Justice Jimmy Blacklock urged state lawmakers Wednesday to approve judicial pay hikes while denouncing the American Bar Association's criticism of federal policies and calling for the state bar to remain "politically neutral."
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February 26, 2025
Texas Atty Accused Of Stealing Homeowner's Insurance Win
A Houston attorney recently threatened with criminal charges over the filing of a document signed by a dead expert witness has been accused in a new suit of representing a homeowner without his consent and stealing his appraisal award.
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February 26, 2025
Texas Judge Tosses Law Firm's Claims Of Unfair Competition
A Houston federal court has trimmed a trade secrets suit a Washington state-based immigration firm is pursuing against a Texas rival, finding two of seven claims are preempted by the Texas Uniform Trade Secrets Act.
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February 26, 2025
Paralegal Wants Firm's Counterclaim In OT Suit Axed
An El Paso, Texas, law firm's accusation that a paralegal's suit for unpaid overtime is an "attempt to extort money" should not stand, the worker told a Texas federal court, arguing the counterclaim she is facing has nothing to do with her allegations.
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
Expert Analysis
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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Opinion
Laken Riley Act Will Not Advance Immigration Reform
By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.