Texas

  • April 11, 2024

    Dallas Developers Must Each Pay Bond In $400M Foreclosure

    A Texas appeals court on Thursday ordered developers to cough up more money as they appeal a ruling in a roughly $400 million foreclosure case involving an upscale residential tower in Dallas, saying that each of the debtors needed to file a bond as the case works its way through appeals.

  • April 11, 2024

    Drag Ban Opponents Defend Free Speech Stance To 5th Circ.

    A coalition of LGBTQ advocacy groups, performers and venues challenging a Lone Star State law widely seen as a ban on drag shows told the Fifth Circuit that the attorney general "ignores established precedent" in his defense of the legislation, which the groups said chills "inherently expressive" performances.

  • April 11, 2024

    Arax Buys US Capital Wealth In Latest Asset Manager Merger

    Wealth management platform Arax Investment Partners, advised by Fried Frank Harris Shriver & Jacobson LLP, announced on Thursday that its assets under management will grow to $16 billion following its acquisition of independent wealth management firm U.S. Capital Wealth Advisors, in a deal marking the latest in a string of mergers between asset managers.

  • April 11, 2024

    Texas Staffing Co. Settles Noncitizen Bias Claims

    A Texas staffing company settled the federal government's claims that it discriminated against a man by requiring he show his green card to prove he can work in the U.S., the U.S. Department of Justice announced Thursday.

  • April 11, 2024

    NPE Patent Suits Up 24% In First Quarter Of 2024

    Patent lawsuits from nonpracticing entities are on the rise yet again, with many being filed in the Eastern District of Texas, according to a new report.

  • April 11, 2024

    Houston Atty Beats Real Estate Deal Malpractice Suit

    In a split decision Thursday, a Houston attorney accused of malpractice was handed a win by the majority of a three-justice Lone Star State appellate panel that cleared her of negligence in connection with a 2014 contract inked between the owner of a property management company and a pair of apartment complex investors, finding that she obtained no "improper benefit" from representing both sides.

  • April 11, 2024

    Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told

    A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.

  • April 11, 2024

    Kirkland, Jones Day Build $787.5M Sale Of Steris' Dental Unit

    Medical device company Steris, advised by Jones Day, on Thursday announced plans to sell its dental segment to Kirkland & Ellis LLP-advised middle market private equity shop Peak Rock Capital for $787.5 million.

  • April 10, 2024

    States, Wild Cards & Time: Hurdles Facing Privacy Law Push

    Congress has what many experts are calling its best chance to enact a national data privacy framework, after key leaders this week announced a surprising deal on the topic. But several factors could still derail the promising proposal, including influential stakeholders that have yet to weigh in, the upcoming election and the longstanding debate over who should enforce the law.

  • April 10, 2024

    Texas Panel Seeks Evidence In $1M Real Estate Quagmire

    A Texas appellate panel suggested Wednesday that both sides fighting about a soured real estate financing deal need to do more to make their cases, asking attorneys during oral arguments to point to evidence that either confirms or refutes the existence of a contract.

  • April 10, 2024

    Dems Introduce Bill To Codify Policy Barring Judge Shopping

    Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.

  • April 10, 2024

    PTAB Will Review Pantech IP Soon After $10M Trial Win

    LG Electronics has persuaded the Patent Trial and Appeal Board to review whether a pair of Pantech Wireless patents are invalid, just over a week after Pantech won a $10 million infringement verdict against OnePlus over similar technology.

  • April 10, 2024

    Cadence Bank Sued Over Numerous Out-Of-Network Fees

    Texas-based Cadence Bank has been hit with a proposed class action accusing it of imposing multiple fees on customers who check their account balances when withdrawing cash from out-of-network ATMs.

  • April 10, 2024

    Apple, Live Nation Unit Denied Bids To Beat Astroworld Claims

    A Texas state judge has rejected bids by Apple Inc. and ticketing and security companies to avoid trial in sprawling lawsuits over their potential responsibility for a fatal crush of spectators at a concert three years ago featuring rapper Travis Scott.

  • April 10, 2024

    GOP Senators Ask 5th Circ. To Ax School Bus Wi-Fi

    Seven Republican senators are backing a Fifth Circuit challenge to the Federal Communications Commission's plan to subsidize school bus Wi-Fi, saying the government shouldn't be funding children's unsupervised internet access on the way to and from school.

  • April 10, 2024

    Feds Cleared To Use Undercover Recording In Atty's Tax Trial

    Federal prosecutors trying an attorney next week on charges he orchestrated a tax fraud scheme that spanned seven states will be allowed to play for the jury an audio recording made by an undercover agent, a North Carolina federal judge ruled.

  • April 10, 2024

    Blackwells Unveils Takeover Plans For Hospitality REIT

    Blackwells Capital told Braemar Hotels & Resorts Inc. investors on Wednesday that its intention to take the reins of the real estate investment trust's board of directors is necessary to stop a manager from "milking" the company for all it's worth.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 10, 2024

    Eversheds Sutherland Gains Baker Hughes RE Ace In Houston

    Eversheds Sutherland announced Wednesday that it had added a counsel to its real estate practice in Houston who joined after more than a quarter-century working in-house for energy technology company Baker Hughes.

  • April 09, 2024

    5th Circ. Asks For Briefing Amid Scrutiny Of Judge's Citi Stock

    The Fifth Circuit has ordered additional briefing in a banking industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late-fee rule amid questions that have been raised about a potential conflict of interest involving a circuit court judge on the case.

  • April 09, 2024

    Quinn Emanuel Atty Spiro Faces Sanctions Bid In Musk Case

    A Los Angeles man suing Elon Musk for defamation has asked a Texas court to sanction Musk's attorney, Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro, arguing that the lawyer showed up "unannounced" to defend Musk in a deposition despite lacking permission to practice law there.

  • April 09, 2024

    Court Axes Subpoena Of Ex-Wife In 1st Abortion Death Suit

    The woman at the center of the nation's first abortion wrongful death suit since the landmark Dobbs decision need not produce info about how she allegedly obtained abortion-inducing drugs from two women, a Texas appeals court ruled Tuesday, saying doing so would violate the woman's Fifth Amendment right against self-incrimination.

  • April 09, 2024

    Contractor Says Feds Are Blocking Border Wall Settlement Payout

    A construction contractor wants to intervene in litigation over the Biden administration's diversion of border wall funds, saying the federal government has invoked a recent injunction in the case to stymie the company's attempt to recoup lost construction costs.

  • April 09, 2024

    5th Circ. Seeks More Info Before Ruling On Texas Arrest Law

    The Fifth Circuit wants to look into instances in which Congress statutorily allowed the federal government to seek injunctive relief against states before deciding on a district court injunction blocking a controversial Texas law allowing state officers to arrest unauthorized immigrants.

  • April 09, 2024

    Texas Court Unsure It Has Jurisdiction Over Auto Co.'s Rival

    A three-judge panel for a Texas appellate court prodded the argument of an automotive repair services company, asking how it could establish that it has jurisdiction over the company's business rival given the rival's loose ties to Texas during oral arguments Tuesday.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • A Look At Recent Challenges To SEC's Settlement 'Gag Rule'

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    Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • 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.

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