Texas

  • March 28, 2024

    Paul Hastings Bulks Up In Texas With V&E Team

    Paul Hastings LLP announced Thursday that it had brought on an eight-partner finance team from Vinson & Elkins LLP, four of whom will anchor the firm's new Dallas location while the others will be based in Houston.

  • March 27, 2024

    5th Circ. Reissues Arb. Decision In Hurricane Damage Case

    The Fifth Circuit has reissued its opinion allowing a group of domestic insurers to force arbitration of a dispute over coverage for hurricane damage under an international arbitration clause after the insurers argued that the unanimous decision applied circuit precedent in a new context.

  • March 27, 2024

    BlackRock's Non-ESG Funds Have Green Agenda, Miss. Says

    Mississippi's secretary of state announced Wednesday that it intends to fine BlackRock multiple millions of dollars, alleging the asset manager has repeatedly made false and misleading statements about its involvement in "pushing" environmental, social and corporate governance factors on portfolio companies.

  • March 27, 2024

    Texas Appeals Court Nixes Injunction In Bitcoin Mining Dispute

    A Texas state appeals court chucked a temporary injunction Wednesday that would have forced a property owner to keep providing electricity and access to a bitcoin mining company, ruling Thursday that the injunction was lacking in specifics and insufficient under Texas law.

  • March 27, 2024

    TikTok Star Ordered To Pay $805K To Sony For Sampling Song

    A Texas federal judge on Wednesday ordered TikTok musician Trefuego to pay Sony Music Entertainment Inc. more than $805,000 for illegally sampling its licensed song "Reflections," but he denied Sony's bid for an injunction.

  • March 27, 2024

    Malpractice Suit Against Texas Magnate's Atty Revived

    A Texas appeals court has revived claims that a longtime family attorney violated his duty as trustee to their fortune by using his position to enrich himself and undercut the heir to a Lone Star State business empire.

  • March 27, 2024

    Plastic Surgeon Must Face Sex Assault Suit, Texas Court Says

    A Houston-area plastic surgeon must face claims he sexually assaulted a patient while she was recovering from breast augmentation surgery, a Texas appeals court has ruled, holding that the patient doesn't need expert testimony to show that sexual assault falls outside the bounds of acceptable medical standards.

  • March 27, 2024

    Travis Scott Says He Had No Duty Over Astroworld's Safety

    Rapper Travis Scott, the safety director of the 2021 Astroworld Festival and other defendants have asked a Texas judge to free them from a slew of lawsuits stemming from the concert's fatal crowd crush, with roughly two months until the first plaintiff is set to go to trial.

  • March 27, 2024

    HR Services Co. May Be Liable In Harassment Suit, Court Says

    A Texas appellate court said Wednesday that more fact-finding is needed to determine whether a professional employer organization could be on the hook for a sexual harassment claim brought by a cafeteria worker, but found that the company is, legally, an employer.

  • March 27, 2024

    On Deck In JPML: Baby Food, 23andMe Privacy, NCAA

    The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.

  • March 27, 2024

    New England Patriots Defeat Stadium Wi-Fi Patent Case

    A patent-holding entity behind nearly a dozen infringement suits focused on Wi-Fi solutions for sports stadiums suffered its latest defeat Wednesday as a Boston federal judge dismissed its case against the New England Patriots and found the purported invention unpatentable.

  • March 27, 2024

    Judge Won't Sift Through IP Docs For Oil Co.'s Counterclaims

    A Colorado federal judge said it's "patently unreasonable" to expect her to comb through hundreds of pages to find support for an oil and gas equipment maker's patent invalidity allegations, as she dismissed three of the company's counterclaims. 

  • March 27, 2024

    McDermott Completes Global Restructuring

    Texas-based energy industry construction firm McDermott International has announced the company successfully completed its cross-border restructuring in the Netherlands and the U.K., noting it has arranged to extend its debt maturities by three years and resolve arbitration liabilities.

  • March 27, 2024

    DLA Piper Lands Kirkland Private Equity Ace In Austin

    DLA Piper is expanding its corporate team, announcing Wednesday it is adding a Kirkland & Ellis LLP private equity expert as a partner in its Austin, Texas, office.

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

  • March 27, 2024

    Advice-Of-Counsel Defense Curbed From NC Tax Fraud Trial

    Two St. Louis attorneys and a North Carolina insurance agent can't fall back on advice-of-counsel defenses during their upcoming tax fraud trial after a federal judge found that they had failed to follow court orders requiring them to hand over information about the advice they sought.

  • March 27, 2024

    Embattled Law Firm Can't Escape Hurricane Ad Suit

    A Texas federal judge has agreed with a magistrate judge's recommendation in refusing to toss a suit seeking class damages over a troubled Houston law firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • March 27, 2024

    Real Estate Exec Asks To Toss Shareholder's Self-Dealing Suit

    The president of a real estate management and investment firm asked a California federal court to toss a derivative shareholder suit accusing him of misusing nearly $35 million of company revenue in various ways, including hiring a business he owned with his mistress.

  • March 27, 2024

    Dykema-Led CPS Energy Buying Texas Gas Assets For $785M

    Dykema Gossett PLLC-advised CPS Energy has agreed to buy a Texas power generation portfolio from Talen Energy Corp. for $785 million, the companies said Wednesday.

  • March 27, 2024

    Divided 5th Circ. Blocks Texas Migrant Arrest Law

    A divided Fifth Circuit blocked a Texas law that would have allowed the state to arrest and deport migrants suspected of having crossed the border unlawfully, ruling in a decision released just after midnight Wednesday that federal immigration authority likely trumps state powers.

  • March 26, 2024

    Distillers Group Wants Injunction To Make Liquor At Home

    The Hobby Distillers Association renewed its call Tuesday for a Texas federal judge to give early permission for its members to distill spirits at home, telling the court that it has authority to declare the federal laws banning home distilling unconstitutional.

  • March 26, 2024

    8th Circ. Urged To Freeze SEC Climate Rules Once More

    An energy company suing the U.S. Securities and Exchange Commission over its recently finalized climate disclosure rules urged the Eighth Circuit on Tuesday to stay the implementation of the rules, after a stay granted by the Fifth Circuit was recently lifted following the consolidation of various related lawsuits.

  • March 26, 2024

    Albright Told That Choice Hotel's Alice Ax Is 'Premature'

    Patent Armory has told Texas federal Judge Alan D. Albright that a bid to dismiss its patent lawsuit against Choice Hotels International is "premature" and should be set aside at least until fact discovery is done and claim construction has been issued.

  • March 26, 2024

    Judge To Let McDermott Investors Seek 2-Subclass Cert.

    A Texas federal judge has declined to certify a proposed class of investors in energy industry engineering company McDermott International Inc., siding with a magistrate judge who recommended dismissing the class certification bid so the investors could refile and seek certification for two investor subclasses.

  • March 26, 2024

    Google Urges Texas Court To Undo $12M Voice Patent Verdict

    Google has asked a Texas federal court to undo a jury's finding that it owes $12 million to an app developer for infringing patents on a method for calling from multiple phone numbers using a single phone, reasserting that the technology was used commercially well before it was patented.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • ESG Investing Caught In Culture War Crosshairs In 2023

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    As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Lessons From DOJ's Wave Of Labor Market Prosecutions

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    Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.

  • New Texas Funds For Water And Power Projects: Key Points

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    Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

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