Texas

  • May 14, 2024

    5th Circ. Expresses Doubt On Nasdaq Board Diversity Rules

    Lawyers for the U.S. Securities and Exchange Commission and Nasdaq Stock Market LLC faced a barrage of questions from the full Fifth Circuit on Tuesday, with judges wondering whether rules requiring corporations to disclose board diversity information would open the door to investor questions on religious practices, political beliefs or Taylor Swift fandom.

  • May 14, 2024

    5th Circ. Judge Says 'Race Science' Not For Courts To Decide

    A Fifth Circuit judge wondered Tuesday whether Galveston County was asking the courts to engage in "race science" as the en banc court weighs whether multiracial or multiethnic voters facing redistricting are protected under the Voting Rights Act.

  • May 14, 2024

    Texas Justices Leave Cities' Franchise-Fee Suit Tossed

    The Texas Supreme Court has refused to vacate a lower appeals court's order that allowed Hulu, Disney and Netflix to escape a lawsuit from 31 municipalities claiming the streaming platforms are required to pay 5% state franchise fees, holding that the municipalities have other remedies available.

  • May 14, 2024

    Texas Think Tank Tells 5th Circ. It's Owed Climate Pledge Info

    The Texas Public Policy Foundation told the Fifth Circuit that it should be allowed access to the names of federal officials involved in creating the Biden administration's climate pledge, arguing the federal government cannot rely on a disclosure exemption designed to protect personal privacy to withhold such information.

  • May 14, 2024

    Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant

    An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.

  • May 14, 2024

    FTC Cleared To Sue Texas Anesthesia Co., But Not PE Firm

    A Texas federal judge highlighted the limits of the Federal Trade Commission's ability to go after private equity firms accused of anti-competitive "roll-up" strategies, tossing antitrust claims against a private equity firm while preserving monopolization allegations against the anesthesia group the firm created.

  • May 14, 2024

    Tort Report: Mass Tort Settlements Beset By Crooked Claims

    Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 14, 2024

    Energy Cos. Don't Have To Clarify Financier Takeover Claims

    The founders of several Houston energy companies don't have to clarify a state court complaint in which they accuse an equity shareholder and several companies he manages of a scheme to take over their companies and steal millions in their membership interests, a Texas state judge has ruled.

  • May 14, 2024

    Mother Sues American Airlines Over Son's In-Flight Death

    A mother has hit American Airlines with a wrongful death lawsuit, claiming its flight crew members were ill trained and poorly equipped to deal with a medical emergency her teenage son suffered during a flight, according to the complaint filed in Texas federal court.

  • May 14, 2024

    States, Elec. Co-Op Seek To Block EPA Power Plant GHG Rule

    A group of 25 red states and the National Rural Electric Cooperative Association asked the D.C. Circuit to block the U.S. Environmental Protection Agency from implementing its new power plant greenhouse gas emissions rule while they challenge its legality.

  • May 14, 2024

    Katten Adds M&A Litigation Practice Chair From DLA Piper

    Katten Muchin Rosenman LLP has added an experienced mergers and acquisitions partner from DLA Piper in Texas, the firm said Tuesday.

  • May 14, 2024

    Norton Rose Gains IP Trio From Polsinelli In Dallas And Denver

    Norton Rose Fulbright announced Tuesday that it has bolstered its intellectual property group with three lawyers from the patents practice at Polsinelli PC.

  • May 14, 2024

    Jackson Walker Wants Out Of Texas Judge Romance Suit

    Law firm Jackson Walker told a Texas federal court it wants out of a lawsuit accusing it of harming a tug boat company whose case was pending before a bankruptcy judge engaged in a romantic relationship with a firm attorney.

  • May 14, 2024

    What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say

    Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.

  • May 13, 2024

    Tesla Threatened To Fire Holland & Knight, Law Prof Says

    Tesla tried to bully a law professor out of filing an amicus brief in investors' suit over Elon Musk's $56 billion compensation plan, in part by threatening to fire the company's longtime outside counsel at Holland & Knight LLP if the professor submitted his brief, according to a filing Monday in Delaware.

  • May 13, 2024

    Chamber Asks Texas Judge To Stop FTC Noncompete Ban

    The U.S. Chamber of Commerce asked a Texas federal judge to issue a court order stopping the Federal Trade Commission's new noncompete rule from going into effect while litigation challenging the ban plays out, arguing the rule's enforcement would irreparably harm businesses and their employees.

  • May 13, 2024

    Jackson, Sotomayor Would Have Taken Up Jury Pool Dispute

    U.S. Supreme Court Justices Ketanji Brown Jackson and Sonia Sotomayor dissented Monday from the other justices' refusal to review a case in which a defendant and his counsel were excluded from attending initial juror qualification in his capital murder case, calling the circumstances "significant and certworthy."

  • May 13, 2024

    AIG Unit Decries Bank's 'Eleventh Hour' Fraud Claims

    A bank owner's amended claims accusing an AIG unit of violating the Texas Insurance Code by refusing to cover certain defense costs must be tossed, the insurer told a Texas federal court, arguing that the bank made an "eleventh hour" attempt to expand the case beyond a simple contract dispute.

  • May 13, 2024

    Texas Energy Biz Sells Gulf Coast Assets In $280M Deal

    Houston-based midstream company Eastern Energy, advised by Willkie Farr & Gallagher LLP, on Monday unveiled plans to sell its Gulf Coast Liquids Pipeline System to natural gas transmission company OneOK Inc., advised by Haynes and Boone LLP, for roughly $280 million.

  • May 13, 2024

    Zuckerberg Challenges Basis Of Personal Claims In Meta MDL

    Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.

  • May 13, 2024

    Schumer Urges FTC To Block Hess-Chevron Deal, Jabs Trump

    U.S. Senate Majority Leader Chuck Schumer said he was "sounding the alarm" against Chevron Corp.'s planned $53 billion acquisition of Hess Corp. in a post on social media platform X, urging the Federal Trade Commission to halt the deal while criticizing former President Donald Trump for a reported meeting with oil executives.

  • May 13, 2024

    Airlines Ask 5th Circ. To Void DOT 'Junk Fees' Disclosure Rule

    A lead lobbying group for major U.S. airlines has asked the Fifth Circuit to vacate a recent final rule from the U.S. Department of Transportation requiring airlines to clearly disclose add-on fees upfront, saying the agency overstepped with a needless rule that will only confuse consumers.

  • May 13, 2024

    CFTC Sues Over $161M Cattle Ponzi Scheme After SEC Deal

    The Commodity Futures Trading Commission has sued two Texas men who allegedly ran a $161 million Ponzi scheme involving cattle trading, saying investor cash lined the men's pockets and went to paying off obligations to previous investors.

  • May 13, 2024

    Texas Farming Couple Owe $1.9M, Tax Court Says

    An oral surgeon and his wife who raised large deer and bass for hunting and ecotourism in Texas are on the hook for nearly $1.9 million in taxes, as a U.S. Tax Court decision issued Monday found that they weren't entitled to farming deductions.

  • May 13, 2024

    Airline Mogul Says FBI Won't Give Docs In North Carolina Suit

    Airline tycoon Farhad Azima has asked a Texas federal court to force the FBI's Houston office to comply with a subpoena for documents related to its criminal investigation of the businessman, writing that the bureau has stonewalled his "basic discovery rights" in connection with a federal lawsuit against a Dechert LLP-hired private investigator.

Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Discord Stock Case Toss Means Little For Fraud Defendants

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    A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • Comparing Corporate Law In Delaware, Texas And Nevada

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    With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Why Fed. Circ. Should Resolve District Split On Patent Statute

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    A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Timing Is Key For Noninfringing Alternatives In Patent Cases

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    A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

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