Texas

  • May 17, 2024

    Calif. Jury Finds Samsung Breached Contract With Netlist

    A Los Angeles federal jury found on Friday that Samsung materially breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, delivering a significant win for Netlist in its multi-jurisdictional patent fight with Samsung even though no monetary damages were at stake.

  • May 17, 2024

    Texas Justices Side With Car Dealership In Lease Dispute

    The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.

  • May 17, 2024

    Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On

    The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.

  • May 17, 2024

    Texas Judge Denies SpaceX's Rethink Bid In Transfer Spat

    A Texas federal judge won't reconsider his decision to transfer SpaceX's constitutional challenge to the National Labor Relations Board's structure to a California court, saying on Friday that the rocket company didn't give a "compelling reason" to rethink the ruling.

  • May 17, 2024

    5th Circ. Won't Rethink SXSW Ticket Coverage Ruling

    The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.

  • May 16, 2024

    Buckle Up: CFPB's High Court Win Will Thaw Frozen Docket

    The Consumer Financial Protection Bureau is walking away from the U.S. Supreme Court with its funding and rulebook intact, a victory that caps off years of constitutional wrangling over how the agency was set up and will usher in a wave of activity that has financial services attorneys bracing for impact.

  • May 16, 2024

    Texas Court Tosses $222M Verdict In Worker Burn Death Suit

    A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.

  • May 16, 2024

    'Christian' Co. Scammed WWII Vet Out Of $300K, Feds Say

    Five members of an Alabama-based self-described Christian company were indicted on conspiracy and fraud charges stemming from a scheme in which they allegedly took at least $300,000 from a World War II veteran after telling him the money would pay for a vocational school.

  • May 16, 2024

    Houston Hospital Must Face Patient's Improper Care Claims

    A split Texas appellate court gave a patient a second shot at his lawsuit accusing Houston Methodist Hospital of botching his post-surgery care, finding Thursday that an expert report supporting the patient's allegations was adequate to survive a dismissal bid.

  • May 16, 2024

    FCC To Pull Phone Co.'s Authorization To Operate In US

    The Federal Communications Commission said Thursday it plans to revoke a telecom company's authorization to operate in the U.S. after the business failed to comply with an agreement with federal agencies stemming from a security review.

  • May 16, 2024

    La. Parties Split On How Voting Law Alters Consent Decree

    A civil rights group told the Fifth Circuit on Thursday that a Louisiana state law enacted two weeks before the court reconsidered whether to dissolve a 30-year-old voting consent decree was enough to end its dispute, but disagreed with the state over the dissolution process for the consent decree determining how the state's high court justices are chosen.

  • May 16, 2024

    Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping

    ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.

  • May 16, 2024

    Fracking Services Co. Nitro Hits Ch. 11 After IP Trial Loss

    Oil and gas fracking services provider Nitro Fluids LLC filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt, months after a jury found it had infringed another company's patents.

  • May 15, 2024

    SolarWinds Says SEC's Cyber Breach Suit Goes Too Far

    SolarWinds Corp. on Wednesday asked a Manhattan federal judge to throw out the U.S. Securities and Exchange Commission's suit accusing the enterprise software company of deceiving investors about its lax cybersecurity, which left it open to a Russian hacking campaign.

  • May 15, 2024

    Real Estate Seller Can't Show He Was Stiffed On Commission

    A Texas appellate court ruled that a man claiming he was cheated out of a commission for assisting in a real estate sale didn't have enough to back up his claims, agreeing Tuesday that a lower court was correct in granting an early win to the property's seller.

  • May 15, 2024

    Texas Judge Won't Halt County's Electioneering Restrictions

    Newly-crafted electioneering rules in Palo Pinto County, Texas, can stay in place as conservative activists pursue an interlocutory appeal of an order denying their motion to block the rules' implementation, a Texas federal judge has ruled.

  • May 15, 2024

    Noncompete Rule Challenge Gets More Backing

    A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.

  • May 15, 2024

    MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize

    The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.

  • May 15, 2024

    Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only

    Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.

  • May 15, 2024

    Caltech Makes A Deal With Dell, Ending Another Patent Suit

    The California Institute of Technology has reached a settlement in its patent lawsuit against Dell Technologies Inc., the latest deal the school has cut in suits over its data transmission patents in the years after its $1.1 billion verdict against Apple Inc. crashed at the Federal Circuit.

  • May 15, 2024

    House Dems Launch Task Force To Address High Court 'Crisis'

    A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.

  • May 15, 2024

    Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing

    The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.

  • May 15, 2024

    Tesla Fires Back At Claims It Bullied Retired Law Professor

    Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.

  • May 15, 2024

    Hunton Taps Energy Regulatory Chair As Austin, Dallas Head

    Hunton Andrews Kurth LLP has selected its national energy regulatory practice chair to lead two of its Texas offices, the firm announced Wednesday.

  • May 15, 2024

    Toss Of Bonus Bias Claim Too Short On Details, 5th Circ. Says

    The Fifth Circuit has reinstated a Hispanic salesman's claim that he was denied $160,000 in bonuses by a construction contractor out of racial bias after he was fired, ruling the lower court didn't adequately explain why it nixed that allegation.

Expert Analysis

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Untangling The Legal Complexities Of Trade Secrets And AI

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    With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Judge-Shopping Policy Revisal May Make Issue Worse

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    The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but the policy may actually exacerbate the problem by tying the issue to judge-shopping in polarizing political cases, making reform more difficult, say Robert Niemeier and William Milliken at Sterne Kessler.

  • Opinion

    5th Circ. NFL Disability Ruling Turns ERISA On Its Head

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    The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

  • How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence

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    The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Takeaways From EPA's New Methane Emission Rules

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    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

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