Texas

  • April 19, 2024

    Quinn Emanuel Fights Sanctions Bid Over Musk Deposition

    Quinn Emanuel Urquhart & Sullivan LLP has protested a move by a man suing Elon Musk for defamation to sanction partner Alex Spiro for his conduct during a deposition of Musk, telling a Texas state court Spiro was simply speaking up to protect Musk's interests and that the plaintiff was taking part in "school-yard antics."

  • April 19, 2024

    Feds Say Fake Promoter Touted Beyonce, Nicki Minaj Shows

    A man used claims that he was a big-time concert promoter to solicit over $1 million from investors using promises of large returns, but he used the money to fuel a Ponzi scheme and make personal purchases, federal prosecutors in Texas have alleged.

  • April 19, 2024

    Polsinelli Adds Shareholder To Tax Credit Practice In Dallas

    An attorney who spent more than a decade developing a niche practice specializing in tax credit financing has moved her practice to Polsinelli PC's Dallas office after five years at Munsch Hardt Kopf & Harr PC.

  • April 19, 2024

    Paxton Can't Duck Ethics Suit Over 2020 Election Challenge

    Texas Attorney General Ken Paxton must face the State Bar of Texas' ethics lawsuit over his attempts to reverse the results of the 2020 presidential election since the suit is against Paxton in his personal capacity and does not violate the separation of powers, a Texas appellate court has ruled.

  • April 19, 2024

    Atty In Tax Fraud Case Gets Supervised Release, $25K Fine

    A former Houston lawyer whose conviction in connection with an $18 million tax scheme was overturned told a federal judge Friday that not testifying in his 2019 trial was "one of the worst mistakes" of his life as he was sentenced to a year of supervised release as part of a plea deal.

  • April 19, 2024

    Taxation With Representation: Kirkland, Cleary, O'Melveny

    In this week's Taxation With Representation, Resideo Technologies Inc. announced plans to buy Snap One Holdings Corp., APi Group said it bought an elevator maintenance company, Prysmian said it agreed to purchase Encore Wire, and Sayari said it closed on an investment from TPG.

  • April 18, 2024

    You Can't Get Fees Without Asking First, Judge Tells Dell

    U.S. District Judge Alan Albright on Thursday declined to order a patent litigation plaintiff to pay attorney fees after bringing a failed patent suit, finding that Dell failed to file any motion requesting fees despite claiming the case was "frivolous" and "meritless" from the start.

  • April 18, 2024

    Satellite Broadband Co. Faces Investor Suit Over Project Delay

    Satellite manufacturer AST SpaceMobile Inc. was hit with an investor suit accusing it of concealing supply issues that prevented the timely launch of a satellite fleet intended to provide broadband services, leading to a 24% share price decline when the issues were eventually disclosed.

  • April 18, 2024

    Texas Says Justices' Takings Decision Saves Its Arrest Law

    Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.

  • April 18, 2024

    Senate Bill Would Extend Small Biz Ch. 11 Debt Cap Increase

    A bipartisan group of U.S. senators are pushing new legislation that would prevent the current $7.5 million debt eligibility cap for Subchapter V bankruptcies, a simplified Chapter 11 process for small businesses and individuals, from reverting to the previous limit of $2.7 million in June.

  • April 18, 2024

    Google Judge Notes Broad Reach Of Texas Ad Tech Claims

    A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.

  • April 18, 2024

    Texas Can't Stop Income Program Meant To Help The Poor

    A Houston judge on Thursday allowed a Harris County guaranteed income program to move forward, shutting down a bid from the Lone Star State to block the program less than a week before residents are scheduled to begin receiving payments.

  • April 18, 2024

    FCC Probing Causes Of 911 Outage Across Four States

    The Federal Communications Commission said Thursday it will investigate what caused widespread 911 outages in Nevada, Texas, South Dakota and Nebraska.

  • April 18, 2024

    25 States Urge DC Circ. To Block EPA Auto Emissions Rules

    Twenty-five Republican-led states on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans through 2032.

  • April 18, 2024

    Bank Regulators Appeal Texas Judge's Halt Of New CRA Rules

    Federal regulators said Thursday that they are appealing a Texas federal judge's decision to block their rollout of new community lending rules amid a legal challenge from the banking industry.

  • April 18, 2024

    Red States Back Call To Overturn Nasdaq Diversity Rule

    Utah and 23 other Republican-led states have filed an amicus brief asking the full Fifth Circuit to vacate a Nasdaq board diversity rule and declare it unconstitutional, saying the U.S. Securities and Exchange Commission, which approved the rule, is "affirmatively perpetuating" race-based discrimination instead of eliminating it.

  • April 18, 2024

    Building Groups Say They Can Fight Prevailing Wage Rule

    Several construction trade groups told a Texas federal judge that they don't need to point to specific members to support their argument that a U.S. Department of Labor final rule regulating prevailing wages will hurt them, urging the court to keep alive their suit challenging the rule.

  • April 18, 2024

    Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed

    The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.

  • April 18, 2024

    Coast Guard's Dredging Barge Approval Upheld At 5th Circ.

    The U.S. Coast Guard properly certified a dredging vessel with foreign-made components to work in the Houston Shipping Channel, according to a Fifth Circuit panel ruling that the maritime service deserved court deference to interpret its own regulations.

  • April 18, 2024

    Sidney Powell Dodges Sanctions From Texas Bar

    Embattled Trump attorney Sidney Powell has dodged sanctions from the Texas state bar's disciplinary wing, with a state appellate court ruling Thursday that the Commission for Lawyer Discipline didn't bring enough solid arguments to the table to merit a redo of the case.

  • April 17, 2024

    Ethics Panel Douses Judge DQ Talk In 5th Circ. CFPB Case

    A judicial ethics panel has concluded that recusal isn't automatically required for the Fifth Circuit judge whose financial disclosures have fueled calls for his disqualification from litigation challenging the Consumer Financial Protection Bureau's $8 credit card late fee rule.

  • April 17, 2024

    'I Am Mad': Client Regrets Trusting Atty Accused Of Tax Fraud

    Emotions ran high Wednesday in a North Carolina federal courtroom as former clients unwittingly roped into an alleged tax fraud scheme took the stand, one of whom was openly exasperated at learning he'd been misled by the two attorneys and an insurance agent who are on trial.

  • April 17, 2024

    Ex-Frontier CEO Renews $17M Insurance Tax Recoupment Bid

    The former CEO of a Frontier Communications predecessor has filed a signed version of a lawsuit seeking $17.7 million to reimburse money the retired executive says he paid on life insurance policies after the company stopped footing the tax bills.

  • April 17, 2024

    Cinemark Shorted Thirsty Moviegoers By 2 Ounces, Suit Says

    Movie theater chain Cinemark USA Inc. is ripping off customers by lying about its purported 24-ounce drink sizes when in reality, the plastic containers can only hold 22 ounces of liquid, according to a proposed class action filed in Texas federal court.

  • April 17, 2024

    Tesla Gets PTAB To Wipe Out Vehicle Charging Patent

    Tesla has persuaded the Patent Trial and Appeal Board to invalidate all claims of a Charge Fusion Technologies electrical charging patent, the latest development in a larger legal battle between the parties.

Expert Analysis

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Timing Is Key For Noninfringing Alternatives In Patent Cases

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    A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 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.

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