Texas

  • February 22, 2024

    Google Deception Upended Free Markets, Texas-Led States Say

    A Texas-led coalition of states wants a federal court in the Lone Star State to preserve claims alleging Google broke state laws against deceptive trade practices, arguing the tech giant juiced profits for years by hiding changes to its advertising auction platform from users.

  • February 22, 2024

    Instant Brands Ch. 11 Plan Gets OK After Win In Supplier Row

    A Texas bankruptcy judge on Thursday gave tentative approval to home-appliance maker Instant Brands' reorganization plan after finding that recent briefings from the company and a supplier supported his preliminary decision last week to preserve the debtor's indemnification rights.

  • February 22, 2024

    FERC Squeezes Ketchup Co. For $27M Power Market Fraud

    The Federal Energy Regulatory Commission is proposing $27 million in penalties for a Texas company that made in-car ketchup holders and its co-owner for allegedly manipulating a Midwest grid operator's electricity markets, saying the company "operated as a fraudulent enterprise with no legitimate market activity."

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    Judge Partially Tosses Suit Over Texas Beirut Bombing Suits

    A Texas federal judge has partially dismissed a lawsuit between two Houston attorneys and a Maryland firm they've accused of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing, writing that the firm can't face suit in the Lone Star State because the duo initiated and executed the representation agreement while on the East Coast.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    5 Firms Steer $11B Chord Energy-Enerplus Combo

    Vinson & Elkins LLP, Wachtell Lipton Rosen & Katz and Goodmans LLP are steering Chord Energy Corp. on its agreement to buy Canada's Enerplus Corp., which will create an $11 billion company that Chord said will be a premier Williston Basin-focused energy player.

  • February 21, 2024

    Former Texas Atty Gets 50 Years For 'Ponzi-Type' Client Fraud

    A Texas federal judge sentenced a former San Antonio lawyer to 50 years in prison after he pled guilty to mishandling millions in client funds to support his "extravagant lifestyle," the U.S. Attorney's Office for the Western District of Texas said in a statement Wednesday.

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    Texas Crypto Firm Sues SEC To Avoid 'Unlawful' Enforcement

    A Texas-based crypto firm has sued the U.S. Securities and Exchange Commission in a bid to convince a Texas federal court to find that digital assets traded on public exchanges are not securities and protect it from potential registration enforcement cases.

  • February 21, 2024

    Texas Panel Unsure Hospital Should Escape $6M MedMal Suit

    A Texas state appellate panel on Wednesday wondered why Harris Hospital should duck liability for a contractor's critical error that left a woman with severe brain damage, with one justice saying the rules that govern Medicaid are "good enough for Texas."

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    WDTX Jury Clears Samsung In $4B Chip Patent Trial

    A Western District of Texas jury has cleared Samsung of infringing two semiconductor patents, following a trial in which the patent owner sought a record damages award of more than $4 billion.

  • February 21, 2024

    Texas Investors Ask Del. Justices To Revive Land Trust Suit

    An attorney for Texas' largest landholder told Delaware's Supreme Court on Wednesday that stockholders bound themselves to support a massive new share issue when they secured two board seats in 2021, dooming their efforts to reverse a Court of Chancery dismissal of their suit challenging the additional share issuance last year.

  • February 21, 2024

    CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing

    Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.

  • February 21, 2024

    5th Circ. Affirms Subrogation Loss In Fieldwood Energy Sale

    The Fifth Circuit has ruled that a group of insurers that issued surety bonds to bankrupt Fieldwood Energy in a sale of its assets are not entitled to subrogation rights because the bankruptcy court's order stripping their rights could not be challenged under Section 363 of the Bankruptcy Code, a protection that limits appellate review of an approved sale.

  • February 21, 2024

    Appliance Parts Maker Can Mediate Creditor Suits In Ch. 11

    A Texas bankruptcy judge on Wednesday granted an appliance components producer's request in its Chapter 11 case to engage in mediation with Invesco, a lender group and other parties to address "significant issues" tied to two lawsuits brought against the company last year.

  • February 21, 2024

    Texas Seeks Nonprofit Shutdown, Alleges Migrant Smuggling

    Texas' attorney general wants a court in El Paso County to shut down a Catholic nonprofit organization for allegedly denying the state immediate access to records to evaluate whether the organization was smuggling or harboring migrants, among other alleged legal violations.

  • February 21, 2024

    Ex-Law Prof Wants High Court To Hear Gender Bias Suit

    A white female former law professor urged the U.S. Supreme Court to hear her suit against Texas Southern University, saying the Fifth Circuit held her to too high of a standard to show she was subjected to so much bullying that she was forced to quit.

  • February 21, 2024

    Crown Castle Proxy Spat Pits Paul Weiss Against Cadwalader

    Crown Castle Inc.'s board has rejected four board nominees of one of its co-founders, Ted Miller, as a proxy fight pits the communications infrastructure company and its Paul Weiss counsel against Miller and Cadwalader Wickersham & Taft LLP.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 21, 2024

    Cruise Line Hornblower Hits Ch. 11 With Over $1B Debt

    Cruise line and ferry service Hornblower Group Inc. and affiliates on Wednesday filed for Chapter 11 bankruptcy protection in Texas with a plan to cut $720 million from its more than $1 billion of debt through a deal that will hand majority control to private equity firm Strategic Value Partners.

  • February 20, 2024

    SEC Zeroes In On SolarWinds Exec In Revised Complaint

    The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.

  • February 20, 2024

    Bank's Ex-Employees Must Face Trade Secrets Suit

    A Texas federal judge refused on Tuesday to toss the bulk of trade secret claims against a group of former employees of a company that eventually became Centennial Bank, but he did agree to trim some claims.

  • February 20, 2024

    5th Circ. Sides With Nickelback In 'Rockstar' Copyright Fight

    The Fifth Circuit on Monday ruled against an artist who claims Canadian rock band Nickelback ripped off his song for its 2005 hit "Rockstar," saying that singing about making lots of money or referencing sports are rockstar clichés and does not show a striking similarity.

Expert Analysis

  • 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.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

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