Texas

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Feds Say Former Hospital CFO, 2 Others Embezzled $15M

    The former chief financial officer of a Chicago hospital, the hospital's chief transformation officer and a medical supply company owner conspired to embezzle more than $15 million from the hospital, according to a superseding indictment handed down by an Illinois federal grand jury on Thursday.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    Texas Assistant DA Blew Whistle A Day Late, Panel Finds

    A Texas appeals court tossed a suit filed by a former assistant district attorney who says he was fired for blowing the whistle on alleged kickbacks and other illegal acts by his colleagues, finding in a Friday opinion that the whistleblower filed his complaint one day past the deadline.

  • July 12, 2024

    Texas Courts Block Protections For Transgender Students

    Two Texas federal judges have blocked the U.S. Department of Education from enforcing protections for transgender students in Lone Star State schools while lawsuits against the rules are litigated, with one judge saying the measures provide "extra privileges to the transgender student based on subjective feelings of discomfort."

  • July 12, 2024

    Red State AGs Slam SEC 'Overreach' In Crypto Co. Challenge

    Seven Republican state attorneys general have told a Texas federal judge that the U.S. Securities and Exchange Commission's alleged crypto policy of "rulemaking by district court enforcement action" threatens their ability to protect consumers as the court weighs a yet-to-launch crypto exchange's preemptive challenge to the securities regulator.

  • July 12, 2024

    FCC Says Rural Areas Get New Funds After Charter Defaults

    Charter is going to be dropping some of the Rural Digital Opportunity Fund census blocks it took responsibility for and taking the fines that come with doing so, according to the FCC, which says the good news is that those blocks are now open for more federal funding for another provider.

  • July 12, 2024

    CFPB Takes Its 5th Circ. Lumps To Advance Late Fee Rule Suit

    The Consumer Financial Protection Bureau has told the Fifth Circuit that it won't appeal a three-judge panel's decision forcing it defend its $8 credit card late fee rule in Texas rather than Washington, D.C., a move that could expedite the agency's efforts to free the rule from a lower-court injunction.

  • July 12, 2024

    Ramey Says 'Any Competent' Atty Wouldn't Seek Sanctions Yet

    Ramey LLP, counsel for mobile payment company AuthWallet LLC, has urged a Texas federal judge to reject a bank's attempt to sanction the company's attorney, saying the request is premature since the case doesn't have a prevailing party yet.

  • July 12, 2024

    Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails

    Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.

  • July 12, 2024

    Texas DA Tells 5th Circ. He's Immune In Border Law Fight

    Texas District Attorney Bill Hicks told the Fifth Circuit its June decision finding another district attorney immune from a suit over changes to the state's election code means he should be shielded from a challenge to the Lone Star State's migrant arrest law.

  • July 12, 2024

    VW Lawyers Win Fees From 'Sloppy' Texas Patent Atty

    A federal judge in Houston has said a lawyer behind over 700 patent lawsuits over the past three years is personally liable to pay Finnegan Henderson Farabow Garrett & Dunner LLP's fees over his "sloppy" and "offensive" case against Volkswagen.

  • July 12, 2024

    VLSI Continues Fight Against Intel In Patent Litigation

    VLSI has launched a fight in Texas federal court against an argument that Intel made in Delaware federal court that it had a license to various patents.

  • July 12, 2024

    Lenovo Dodges Deposition Bid In Texas Software Patent Fight

    Lenovo has skirted a subpoena seeking witness testimony in a patent case involving two rival software companies and the computer giants HP and Dell, with a North Carolina federal judge finding that the request was "overbroad" and not well justified given that Lenovo isn't part of the suit.

  • July 12, 2024

    Texas Lethal Injections Criminal Matter, Says Appeals Court

    A split Texas appeals court panel found that a state district court should have dismissed two death row inmates' suit because it did not have jurisdiction, with the majority saying Friday that any case seeking an injunction that could stay an execution falls under the jurisdiction of criminal courts.

  • July 12, 2024

    Texas Panel Revives Woman's Acupuncture Burn Suit

    A Texas court of appeals revived a suit accusing an acupuncturist of providing negligent suction cup treatment that left a woman with second-degree burns, finding the woman should be provided additional time to fix her deficient medical expert report.

  • July 12, 2024

    Real Estate Recap: Mall Makeovers, Military Land, Fundraising

    Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.

  • July 12, 2024

    Ex-Slync CEO Gets 20 Years After Wire Fraud Conviction

    The founder of shuttered supply chain management software company Slync has received a 20-year prison sentence involving a pair of partially concurrent sentences after a Texas jury in January handed down convictions on wire fraud and other claims over prosecutors' allegations that he drained $25 million out of his company's bank accounts.

  • July 12, 2024

    No Injury In Suit Targeting J&J Asset Shuffles, Talc Unit Says

    Johnson & Johnson wants a New Jersey federal judge to toss a proposed class action alleging that the company has tried to intentionally prevent talc claimants from getting their day in court through a scheme of fraudulent corporate transactions, arguing that the cancer patients failed to show how any of the challenged transactions left it unable to pay its talc claims.

  • July 12, 2024

    Texas City Escapes Suit Over 2014 Toby Keith Concert

    A state appeals court wrote that a south Texas city can escape a lawsuit brought by the promoters of a Toby Keith concert held at a city building, writing that the city didn't waive governmental immunity because the contract was verbal.

  • July 12, 2024

    NPE Patent Suits Up 19% From 2nd Half Of 2023

    The number of patent lawsuits filed by so-called nonpracticing entities has continued to increase in the past year, with the Eastern District of Texas being the top district in terms of patent litigation, according to a new report.

  • July 12, 2024

    American Airlines Pilot Pushes For $16M Win After ERISA Trial

    An American Airlines pilot urged a Texas federal court to make the airline cough up nearly $16 million following a June bench trial in a retirement savings class action, arguing the company breached its fiduciary duties to its retirement plan by focusing too heavily on environmental and social factors in investments.

  • July 12, 2024

    Chancery Approves $19.5M Convey-TPG Settlement

    Former shareholders of Convey Health Solutions Inc. won Delaware Chancery Court approval Friday of a $19.5 million cash settlement to resolve a class challenge to the healthcare technology company's $1.1 billion take-private acquisition by TPG Inc., with $3.88 million going to class attorneys after expenses.

  • July 12, 2024

    Feds Ignoring Idle Offshore Oil Well Risks, Green Group Says

    The federal government is looking the other way as owners of retired offshore oil and gas drilling infrastructure fail to properly shut down the facilities and blow deadlines, environmentalists said in a new lawsuit.

  • July 12, 2024

    Ex-Ga. Insurance Chief Gets 3½ Years For Kickback Scheme

    John Oxendine, the former four-term Georgia insurance commissioner who pled guilty this year to working with a doctor to run a multimillion-dollar medical testing kickback scheme, was hit with a 3½-year prison sentence by a Georgia federal judge Friday.

Expert Analysis

  • Opinion

    Cell Tech Patent Holdup Is Stalling Automaker Innovation

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    Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.

  • Criminal Enforcement Considerations For Gov't Contractors

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    Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Supreme Court's ALJ Ruling Carries Implications Beyond SEC

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    In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

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    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

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