Texas

  • February 29, 2024

    Faulty Expert Report Can't Support Stomach Surgery Suit

    A Texas appeals court on Thursday told a woman suing over an intestinal perforation to get a new expert report to support her claims, saying a trial court was wrong to find that her current report was enough to link her surgeon's alleged conduct to her injuries.

  • February 29, 2024

    Aetna Asks Judge To Force Arbitration In Aramark ERISA Feud

    Aetna Life Insurance Co. says Aramark Services Inc. and its affiliated employee health plans ignored arbitration requirements in their contract when they filed a lawsuit in Texas accusing Aetna of mismanaging Aramark's health insurance claims, and has asked a Connecticut federal court to force the parties to arbitration there.

  • February 29, 2024

    Feds Say High Court Ruling Irrelevant To Razor Wire Fight

    The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.

  • February 29, 2024

    Don't Miss It: Milbank, Vedder Price Lead Month's Hot Deals

    A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Milbank LLP and Vedder Price PC.

  • February 29, 2024

    Watchdog Says Labor Mismatch Dooms Fighter Planes Deal

    The U.S. Government Accountability Office called for the termination of a contract to maintain the Marines' Osprey fighter planes, saying the U.S. General Services Administration hadn't shown that the awardee was pre-qualified to offer the required workers.

  • February 29, 2024

    Chamber Of Commerce Backs Exxon In Activist Investor Row

    The U.S. Chamber of Commerce and lobbying group Business Roundtable on Thursday threw their weight behind Exxon Mobil Corp. in the company's bid to pursue its lawsuit against activist investors, a suit that some see as a proxy battle with the U.S. Securities and Exchange Commission over shareholder proposals. 

  • February 29, 2024

    Staples, Subway & More Targeted In App Patent Suits

    Numerous major retailers were sued in Texas federal court, with Communication Interface Technologies LLC alleging that their apps infringe patents on mobile device communications it owns.

  • February 29, 2024

    K&L Gates Lands Labor Ace In Dallas From Bell Nunnally

    K&L Gates LLP announced Thursday that it has bolstered its labor, employment and workplace safety group with a partner in Dallas who made the leap from Bell Nunnally & Martin LLP.

  • February 29, 2024

    Judiciary Panel Sends 5 Red State Judges To Full Senate

    The Senate Judiciary Committee voted to advance six district court judicial nominees on Thursday, including five from red states.

  • February 29, 2024

    Texas Judge Bars State's Migrant Arrest Law During Litigation

    A Texas federal judge on Thursday slammed the brakes on a Texas law that would allow the state to arrest and deport migrants, ruling that states can't exercise immigration enforcement power without federal permission.

  • February 28, 2024

    'Lawyer Cat' Judge, Texas Attys Seek Seats On New Courts

    The state court judge behind 2021's viral "lawyer cat" video along with several prominent Houston attorneys have submitted bids for appointment to the Lone Star State's newest courts, according to records obtained by Law360. Here's a look at some of the attorneys who have thrown their names in the running for the new appointments.

  • February 28, 2024

    Justices Lean On Both Sides In ATF Bump Stock Rule Case

    The U.S. Supreme Court on Wednesday considered whether bump stocks can be considered machine guns under an Alcohol, Tobacco, Firearms and Explosives rule banning the devices, knocking holes in opposing interpretations of the National Firearms Act's definition of a machine gun.

  • February 28, 2024

    Judge Puts Patent Biz, Not Its Lawyer, On Hook For Atty Fees

    A federal judge in Texas on Wednesday opted to punish an alleged shell company, but not its litigious attorney, for asserting patents that were already expired in another failed lawsuit, this time against television maker Vizio Inc.

  • February 28, 2024

    Elite Schools Get OK For $166M More Aid-Fixing Deals

    An Illinois federal judge handling student aid-fixing allegations against 17 top universities gave his initial blessing to another $166 million in settlements Wednesday, the day after he ordered three universities to produce documents that could show they handled certain students' admissions differently from others.

  • February 28, 2024

    Drilling Services Co. Must Face Suit Over Worker's Injury

    A company that provides power to oil drilling operations must face an indemnification lawsuit after a worker was electrocuted while fixing a downed line, according to a Colorado federal judge's order finding that the case wouldn't interfere with the worker's injury suit.

  • February 28, 2024

    Textron, DJI End Texas Drone Patent Case After $279M Verdict

    A Texas federal judge has signed off on a notice by Textron Innovations Inc. and Chinese aerospace company SZ DJI Technology Co. Ltd. that they've agreed to dismiss a case in which DJI was found to have infringed Textron's drone patents and told to pay $279 million last year — the fourth-largest patent damages award of 2023.

  • February 28, 2024

    Texas Lender Says COVID Relief Fund Suit Doesn't Hold Water

    Capital Plus Financial LLC has asked a Texas federal judge to toss a Paycheck Protection Program suit brought by eight business owners who accuse the company of withholding their loans, saying Tuesday that their amended complaint upended subject matter jurisdiction in this case and that the plaintiffs' new fraud claims don't meet the threshold for federal jurisdiction.

  • February 28, 2024

    Google Seeks Sanctions For Ex-Employee's Atty Conduct

    Tech behemoth Google LLC asked a Texas federal court Tuesday to sanction its former worker in the latest tit-for-tat in an ongoing age and gender discrimination suit, saying the former employee's attorneys had engaged in a "blatant attempt to harass and bully opposing counsel and witnesses."

  • February 28, 2024

    MasterCard Loses Another Attempt To End Patent Case

    The Federal Circuit ruled Wednesday that MasterCard will have to continue litigating against a patent litigation outfit that the credit card company has been fighting for almost a decade over language in a 2005 patent licensing agreement, with one judge pointing out that the case "illustrates the importance of carefully reviewing the language in a covenant not to sue."

  • February 28, 2024

    Family's Suit Over Take-Home Asbestos Death Is Revived

    A Texas appeals court has reinstated a man's suit against Howmet Aerospace Inc. alleging his wife died of asbestosis as a result of cleaning his asbestos-covered clothing for 25 years, saying the trial court was wrong to find that the man hadn't presented any evidence linking that exposure to her death.

  • February 28, 2024

    Subcontractor Seeks Sanctions In Amazon Warehouse Fight

    An electric subcontractor locked in a dispute with a construction company over delayed building of an Amazon warehouse in southern Georgia asked a Peach State federal court to penalize its opponent for "blatant discovery abuses" in the case.

  • February 28, 2024

    Coats Rose Atty Fired Over Threatening Letter To Judge

    The Texas law firm Coats Rose PC terminated one of its attorneys believed to have sent intimidating messages on firm letterhead to an immigration judge running for a judgeship in the 151st Civil District Court of Harris County, the firm confirmed to Law360 on Wednesday.

  • February 28, 2024

    Tax Preparer Cops To $2.6M Return Fraud After Jury Seated

    A Texas man filed a last-minute guilty plea to arranging around 400 false tax returns just after a jury was seated in his criminal case this week, according to court documents filed in Lone Star State federal court.

  • February 27, 2024

    KPN Wins $287M Jury Verdict In Contract Beef With Samsung

    A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

  • February 27, 2024

    F-35 Parts Supplier Says New Lockheed Claim Is Too Late

    Titanium parts supplier Howmet Aerospace Inc. says Lockheed Martin Corp. waited too long to accuse it of anticipatory breach of a contract to provide F-35 parts, saying Lockheed had long known of Howmet's plan to leave the market in 2025.

Expert Analysis

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Opinion

    J&J Bankruptcy Could Thwart Accountability For Victims

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    Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • Texas Ruling Clarifies That Bankruptcy Shields LLC Rights

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    A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.

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