Texas

  • March 28, 2024

    Texas Wins Court Bid To Vacate Feds' Highway GHG Rule

    A Texas federal judge has dealt the Biden administration a blow by vacating a new Federal Highway Administration rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects, saying Congress never gave the agency that authority.

  • March 28, 2024

    Warner Bros. Hit With Suit Over 'Draconian' COVID Vax Policy

    A former producer with Warner Bros. told a Houston federal court that he was forced to resign due to the company's "draconian policy" mandating COVID-19 vaccines for employees.

  • March 28, 2024

    Whataburger Accused Of Keeping Shoddy Funds In 401(k)

    Whataburger breached federal benefits law by stocking its employees' $215 million retirement plan with poorly performing funds and failing to replace them with better options, according to a proposed class action filed in Texas federal court.

  • March 28, 2024

    DOL Says Challenge To Prevailing Wage Rule Can't Stand

    The U.S. Department of Labor said four entities failed to support their assertion that the department's final rule regulating prevailing wages will hurt them, urging a Texas federal court to toss those claims.

  • March 28, 2024

    The Home Depot Buying PE-Backed SRS For $18.25B

    The Home Depot said Thursday it has agreed to acquire SRS Distribution Inc., a private equity-backed distributor of roofing and building supplies, for $18.25 billion, inclusive of debt. 

  • 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.

Expert Analysis

  • Opinion

    Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What ESG Investing Ruling Means For Fiduciaries

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    A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.

  • Louisiana's Toxic Tort Barrier May Be Weakening

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    Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.

  • How To Navigate The FTC's New Private Equity Frontier

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    The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How 2 Cases Could Undermine The Anti-ESG Movement

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    A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.

  • 5th Circ. Ruling Shows Need For Proffer Terms Negotiation

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    The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

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