Texas

  • February 13, 2024

    LaPierre Defends TV Spots, Celeb Ties As NRA Trial Nears End

    Former National Rifle Association CEO Wayne LaPierre told jurors in New York state court in the final week of trial Tuesday that he went on television and rubbed elbows with celebrities not out of a desire for the spotlight but to anchor the gun group in "mainstream American culture."

  • February 13, 2024

    Immigrants Seek To Certify Class Of 170,000 With Visa Delays

    A group of immigrants asked a Michigan federal judge Monday to certify a class of more than 170,000 immigrants accusing the government of mishandling its program of distributing so-called U-visas to immigrant victims of crime, arguing that the court can resolve their allegations of unreasonable delays on a classwide basis.

  • February 13, 2024

    Biden Administration Beats Big Pharma Texas Medicare Suit

    A Texas federal judge said he could not entertain Big Pharma's challenge to the Biden administration's prescription drug pricing program since the only Texas-based trade group fighting the lawsuit failed to first bring its constitutional complaint to U.S. healthcare authorities.

  • February 13, 2024

    LSD Trip Didn't Cause Quadriplegia, Houston Jury Told

    An attorney for a former high school gymnast who became a quadriplegic after allegedly taking LSD compared the circumstances of the man's injuries to the hypothetical of a juror getting hit by a car on the way to the courthouse as he fought off a bid from an insurance company seeking to avoid paying a $1 million settlement connected to the man's injury.

  • February 13, 2024

    Power Trader Fights $25M Loss Over Winter Storm At 5th Circ.

    A power trader told the Fifth Circuit Monday that a lower court wrongly awarded an electricity seller over $25 million in a contract fight over electricity price-hedging deals that sustained heavy losses during 2021's Winter Storm Uri, arguing that the seller already made a 41,982% return on its power transmission costs.

  • February 13, 2024

    ConocoPhillips Wins Transfer Of Retirees' 401(k) Suit To Texas

    An Oklahoma federal judge transferred to Texas a proposed class action from ConocoPhillips retirees alleging they lost more than $260 million when the company sunk their investment savings into the stock of a company ConocoPhillips spun off in 2012, given a forum selection clause in the 401(k) plan documents.

  • February 13, 2024

    Crypto Exec Wants IRS Summonses Quashed, Citing Privacy

    A cryptocurrency executive charged in a 2020 bitcoin fraud investigation was never notified about Internal Revenue Service summonses later sent to two banks that sought his and his company's financial records, he told a Texas federal court, arguing that the summonses should be quashed.

  • February 13, 2024

    Catching Up With Delaware's Chancery Court

    A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.

  • February 13, 2024

    Biden Offshore Leasing Plan Faces Legal Heat On All Sides

    The Biden administration faces dueling D.C. Circuit challenges from the oil and gas industry and environmental advocates over its scaled-back offshore leasing program for 2024-2029.

  • February 13, 2024

    Dallas Venue Not Covered For Shooting Death, Insurer Says

    The property owner of a Dallas event space is not owed defense or indemnity for an underlying wrongful death lawsuit, an insurer told a Texas federal court, arguing that negligent inaction by the property owner triggers two exclusions barring coverage.

  • February 13, 2024

    6 Sentenced For $20M COVID Aid Fraud Scheme

    Six Texas men have been sentenced to prison for their roles in a scheme to bilk over $20 million from the U.S. Small Business Administration using fraudulent applications for financial aid during the COVID-19 pandemic.

  • February 13, 2024

    Foot Locker Can't Escape Fired Manager's Age Bias Suit

    Foot Locker can't avoid a former district manager's suit alleging he was fired because he was 59 years old, a Texas federal judge ruled, finding he provided enough evidence for a jury to conclude the retailer was dishonest when it said his performance was lacking.

  • February 13, 2024

    Elliott Nails 1st Board Seat At Phillips 66 After Prior Demand

    Oil refiner Phillips 66 said Tuesday it has named former Cenovus Energy executive Robert W. Pease to its board, caving to pressure from Elliott Investment Management after the activist investor revealed it bought up a $1 billion stake in the company and was seeking two board seats.

  • February 12, 2024

    Bank Trade Chief Warns Of Rules 'Masquerading As Guidance'

    The American Bankers Association's chief executive fired off a warning shot at federal regulators on Monday over their use of agency guidance, cautioning that several recent documents addressing certain bank fees and other practices are no substitute for formal rulemaking.

  • February 12, 2024

    Aerospace Supplier Can Kick Gulfstream Supply Deal

    A Texas bankruptcy court has said bankrupt supply-chain management company Incora can ditch its contract to buy aerospace parts on behalf of Gulfstream Aerospace Corp., which would repurchase them for fixed prices.

  • February 12, 2024

    Ex-Jones Day Partner With FERC Past Joins Baker Botts

    Baker Botts LLP announced Monday that the former head of the Federal Energy Regulatory Commission's Division of Investigations joined the firm's energy litigation practice as a partner in Houston.

  • February 12, 2024

    Kodiak Gas Gives Enforcers More Time To Review $854M Deal

    Kodiak has given enforcers more time to review its planned $854 million deal for CSI Compressco, which would combine two major providers of compression services to the oil and gas industry.

  • February 12, 2024

    Oil Co. Can't Get New Injury Trial With Video Evidence

    A Texas appeals court declined Friday to let National OilWell Varco LP get a redo in a trial that resulted in a $520,000 injury verdict against it, finding that the trial court was right to exclude video evidence that was disclosed well past the discovery deadline.

  • February 12, 2024

    Gilstrap Changes Mind, Delays Netlist Trial For PTAB Order

    U.S. District Judge Rodney Gilstrap changed his mind Saturday about allowing Netlist's infringement trial against Micron to proceed before the Patent Trial and Appeal Board's review of two patents-in-suit concludes in April, noting that on further consideration, doing so would pose a risk of inefficiently spending limited judicial resources.

  • February 12, 2024

    Oil Driller Accused Of Using Creditor Assets For Ch. 11

    A group of claimants in a Texas-based oil driller's Chapter 11 case recently asked a bankruptcy judge to reject the debtor's proposal for reorganization, alleging the plan would unlawfully use their property interests to pay off the company's debts and administrative costs.

  • February 12, 2024

    Feds Want 'Vague' Texas Censorship Suit Moved To DC

    The U.S. State Department wants a Texas federal court to move to the District of Columbia an "incomprehensible" First Amendment lawsuit from the Lone Star State and right-wing media companies, claiming there is no serious connection between the litigation and its current venue.

  • February 12, 2024

    Siblings Fail To Escape SEC's $112M Pump-And-Dump Suit

    A brother and sister named in a U.S. Securities and Exchange Commission case concerning an alleged pump-and-dump scheme that defrauded investors of $112 million failed to escape the suit after a Texas federal judge ruled that the SEC successfully showed that the siblings had at least a general awareness of their role in the scheme, among other things.

  • February 12, 2024

    Let Power Pricing Order Stay Dead, Texas Justices Hear

    There's no reason for the Texas Supreme Court to revive a policy that allowed the state's grid operator to set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021, a pair of power companies have told the justices.

  • February 12, 2024

    Prosecutors Say Paxton Can't Alter History To 'Dodge' Fraud Case

    Prosecutors have urged a Texas state court to reject a bid from state Attorney General Ken Paxton to dismiss a 2015 securities fraud case against him on speedy trial grounds, saying he is attempting to rewrite history and use delays he helped create to "dodge prosecution."

  • February 12, 2024

    Discord Stock Traders Say Prosecutors' Evidence Is Faulty

    A group of men accused of operating a multimillion-dollar pump-and-dump scheme on Discord and other social media asked a Texas federal judge to sanction the government, saying that prosecutors had cherry-picked evidence to create exhibits that are misleading at best and inaccurate at worst.

Expert Analysis

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs

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    The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.

  • SolarWinds Ushers In New Era Of SEC Cyber Enforcement

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    The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • FDA's Lab-Developed Test Rule May Bring Historic Challenges

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    If finalized, the U.S. Food and Drug Administration's proposed rule for regulating laboratory-developed tests will provoke some of the most interesting legal challenges that the agency has faced in decades, with outcomes that will likely reverberate across the agency's product centers, says Stacy Amin at MoFo.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Keeping Tabs On Fight Over Board Diversity Rule At 5th Circ.

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    Attorneys at Mintz dissect why the Fifth Circuit rejected a constitutional challenge to Nasdaq’s new requirement that listed companies disclose board diversity data, assess how a petition calling the decision pro-discrimination may fare, and discuss where companies that have yet to meet the exchange's diversity goals go next.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

  • Cos.' Trade Secret Measures Must Adjust To Remote-Work Era

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    Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

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    As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Boeing Opinion Strikes Blow Against Overpayment Theory

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    The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.

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