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Texas
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August 19, 2024
Robertshaw Judge OKs Ch. 11 Exit Plan Opposed By Invesco
A Texas bankruptcy judge approved appliance-parts maker Robertshaw's Chapter 11 reorganization plan, overruling an objection from the company's onetime controlling lender and allowing Robertshaw to turn over its business to a group of rival investors.
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August 19, 2024
Groups Lack Standing To Challenge Asylum Rule, Texas Says
The state of Texas asked a D.C. federal judge to grant it and the federal government victory in a suit brought by two immigrants' rights organizations challenging a rule from President Joe Biden's administration limiting asylum in the U.S.
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August 19, 2024
Latham Recruits Haynes Boone Patent Litigation Pro In Austin
Latham & Watkins LLP announced Monday that it has bolstered its intellectual property litigation practice with a partner in Austin, Texas, who came aboard from Haynes and Boone LLP.
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August 19, 2024
Convenience Store Co. SQRL Hits Ch. 11 With Over $1B Debt
Convenience store chain SQRL Service Stations filed for Chapter 11 protection in Texas bankruptcy court with more than $1 billion of debt after fending off a pair of involuntary bankruptcies from its creditor.
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August 16, 2024
Justices Reject Biden Bid To Reinstate Gender Identity Rule
The U.S. Supreme Court on Friday refused for now to lift lower court orders blocking the U.S. Department of Education from enforcing its new interpretation of Title IX intended to protect LGBTQ+ students from discrimination based on gender identity, handing a win to several Republican-led state challengers.
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August 16, 2024
2 BigLaw Firms Nix Bankruptcy Judge Romance Suit, For Now
A Texas federal judge Friday tossed an investor's racketeering lawsuit alleging a conspiracy involving Kirkland & Ellis LLP, Jackson Walker LLP, a disgraced Texas bankruptcy judge and his secret romance with a former Jackson Walker partner, dismissing the suit without prejudice while voicing her distaste for its allegations of judicial misconduct.
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August 16, 2024
The Biggest Texas Rulings Of 2024: A Midyear Report
Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.
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August 16, 2024
Real Estate Recap: Cases To Watch, DC Flooding, NYC Hotels
Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the commercial real estate cases to watch in 2024's second half, one BigLaw attorney's thoughts on new Washington, D.C., flood construction rules and the NYC hotel license bill that has hospitality attorneys rattled.
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August 16, 2024
Crypto Promoter Gets OK To Appeal Securities Ruling At 5th Circ.
A Texas federal judge on Friday granted a cryptocurrency influencer's bid to immediately appeal an adverse ruling that his promotion of so-called SPRK tokens had sufficient ties to the U.S. since the question of whether his alleged activity is beyond the reach of federal securities regulators could resolve the suit.
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August 16, 2024
Receiver Went Too Far In Settling Nate Paul Entity Dispute
A Texas appeals court found this week that a receiver acted beyond the scope of his authority when he settled a dispute between a lender and an entity associated with embattled real estate developer Nate Paul.
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August 16, 2024
Owner Of Elite Baseball Teams Sues Over Broken $1.3M Deal
The owner of a company that sponsors elite high school baseball teams has accused two companies of failing to pay him the $1.3 million he was owed after selling them his business, according to a suit filed Friday in Texas federal court.
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August 16, 2024
Feds To Appeal Platinum Win Over Zero Loss, Count Toss
Federal prosecutors have notified the Second Circuit that they'll appeal a judge's findings that the loss amount in the case of Platinum Partners co-founder Mark Nordlicht was zero and the wire fraud conspiracy counts against Nordlicht and another would be dismissed, despite Nordlicht's conviction.
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August 16, 2024
Texas AG Wants Border Patrol To Turn Over Communications
The Texas Office of the Attorney General has sued U.S. Customs and Border Protection in federal court, seeking for the agency to turn over communications with a Catholic Charities representative, which the attorney general said could be aiding in illegal crossings of the U.S.-Mexico border.
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August 16, 2024
Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight
The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.
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August 16, 2024
Deal Struck After Jury Clears US Well On Halliburton Patents
U.S. Well Services LLC and Halliburton Energy Services Inc. have agreed to a settlement in principle to resolve their long-running patent infringement dispute, which has seen several patents invalidated, according to a joint motion the parties filed after a jury cleared U.S. Well of infringing three still-registered Halliburton patents.
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August 16, 2024
Cisco Gets Another Shot At Sinking Network Security Patent
The Federal Circuit on Friday told the Patent Trial and Appeal Board to take another look at a ruling upholding language in a network security technology patent at the heart of Cisco Systems Inc.'s fight with a litigation outfit.
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August 16, 2024
Challenge To SEC Database Not Too Late, Investors Argue
The Texas investors suing the U.S. Securities and Exchange Commission to stop the collection of trading information through a central database have hit back against the agency's arguments that the lawsuit was filed 12 years too late, saying they have ongoing concerns that their private information could be compromised.
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August 16, 2024
Texas Injury Firm's Ex-Associate Must Face Poaching Suit
A Texas state appeals court refused to dismiss a suit accusing a former associate of Daspit Law Firm PLLC of improperly poaching clients following his firing in 2022, saying his conduct isn't covered by state statute protecting citizens from retaliatory lawsuits.
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August 16, 2024
Former Texas Judge Sanctioned Over Atty Romance Interview
Former bankruptcy judge David R. Jones was sanctioned Friday for an "off the record" interview with Jackson Walker LLP, in which he asked the firm not to take his deposition during a federal investigation into Jones' secret romantic relationship with a former Jackson Walker partner.
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August 16, 2024
5th Circ. Nixes Injunction Denial In Texas Electioneering Suit
The Fifth Circuit blocked a Texas county's new electioneering rules Thursday, reversing a district court's ruling rejecting a preliminary injunction motion from local conservative groups and holding that the regulations on signage near county-owned voting locations and other provisions likely violate the First Amendment.
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August 16, 2024
5th Circ. Tosses Appeal In FTC's Anesthesia Antitrust Case
The Fifth Circuit has agreed with the Federal Trade Commission and tossed an early appeal from U.S. Anesthesia Partners in the agency's case accusing the group of monopolizing the Texas anesthesiology market through a "roll-up" strategy.
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August 16, 2024
SEC Seeks Default Judgment In $8.4M Ponzi Scheme Case
The U.S. Securities and Exchange Commission has asked for a default win in its suit against a pair of investment firms that allegedly took part in an $8.4 million Ponzi scheme, arguing the request is warranted after the firms' owners tried unsuccessfully to file pro se responses on the firms' behalf.
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August 16, 2024
Fed. Circ. Urged Not To Rehear $20M Google Royalty Ruling
EcoFactor Inc. urged the Federal Circuit to reject Google LLC's bid for a full court rehearing of its split panel decision to uphold a $20 million patent infringement damages award in EcoFactor's favor, arguing that Google is looking to create a "rigid rule" that will only enable more patent infringement.
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August 16, 2024
Gibson-Led Energy Biz Wraps $106M Natural Gas Assets Buy
Petroleum company Diversified Energy said Friday that it has completed the $106 million acquisition of natural gas assets in eastern Texas from Crescent Pass Energy LLC in a move that increased its footprint in the central U.S.
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August 15, 2024
Uber Gets Most Claims Tossed In Driver Assault MDL, For Now
A California federal judge on Thursday threw out the majority of claims from California and Texas Uber riders in multidistrict litigation that aims to hold the ride-hailing company liable for their sexual assaults; however, the judge gave the plaintiffs the opportunity to amend those claims.
Expert Analysis
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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What Transactional Attys Must Know About Texas Biz Courts
As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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3 Employer Lessons From NLRB's Complaint Against SpaceX
Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift
A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What's Extraordinary About Challenges To SEC Climate Rule
A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.