• March 04, 2024

    Justices Won't Review Concrete Co. Licensing Fight

    The U.S. Supreme Court on Monday turned away a petition arguing that state courts are "eroding" the rule requiring clear evidence that a party agreed to arbitrate a particular dispute, in a case centering on an arbitral award favoring a concrete company in a licensing feud.

  • March 01, 2024

    McDermott Investors' Cert. Bid Should Be Denied, Judge Says

    Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    LGBTQ+ Org. Seeks To Ward Off Paxton's Documents Demand

    An LGBTQ+ advocacy group has sued Texas Attorney General Ken Paxton and his office over a civil investigative demand for documents in connection with a state law banning gender-affirming care for transgender youths, saying the demand violates the organization's and its members' constitutional rights.

  • March 01, 2024

    Gilstrap Orders Damages Retrial To Avoid $67.5M 'Train Wreck'

    Chief U.S. District Judge Rodney Gilstrap ordered a damages retrial in infringement litigation between G+ Communications and Samsung on Friday, warning there would otherwise be a "guaranteed 'train wreck'" since both parties failed to explain what they believed the $67.5 million verdict means.

  • March 01, 2024

    Yelp Gets Anti-Abortion Center Disclaimer Suit Axed In Texas

    A Texas state judge has thrown out Texas Attorney General Ken Paxton's lawsuit alleging that Yelp misled customers about crisis pregnancy centers' limited services, agreeing with the online-rating company that the Lone Star State court doesn't have jurisdictional authority to decide the free-speech dispute, which is also being litigated in California.

  • March 01, 2024

    Plaintiffs Blast Prison Health Co.'s 'Potemkin Village' Case

    An attorney for plaintiffs seeking the dismissal of prison health care company Tehum Care Services Inc.'s "Texas Two-Step" bankruptcy case assailed on Friday what he called the "Potemkin village" nature of the debtor during the first day of a trial unfolding in Texas bankruptcy court.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    5th Circ. Accepts Miss. Medical Pot Co. Ad Ban Lawsuit

    A Mississippi medical marijuana dispensary is taking its fight to upend a state law banning medical cannabis advertising to the Fifth Circuit, asking the appeals court to review a federal judge's decision to toss its First Amendment claims.

  • March 01, 2024

    MNC Capital Enters Vista Outdoor Takeover Fray With $2B Bid

    MNC Capital Partners LP has submitted a proposal to acquire Vista Outdoor Inc. for $2 billion, despite Vista entering a merger agreement last year to be acquired by a different company, according to Friday statements.

  • March 01, 2024

    Energy Dept. Halts Crypto Mining Survey To End Industry Suit

    The crypto industry group challenging a U.S. Department of Energy survey on crypto mining has reached an agreement that will see the government offices destroy any data they've already collected and circulate the survey for comment from stakeholders — a step the crypto players say the government improperly bypassed the first time around.

  • March 01, 2024

    'Texas Heartbeat Act' Civil Enforcement Suit Can Proceed

    A Texas state appellate court sided with a woman weighing civil action against the Texas Equal Access Fund, saying Thursday that the recent "sea change" in abortion law doesn't upend the so-called Texas Heartbeat Act's enforcement mechanisms, and the woman has the right to determine whether she will sue the reproductive rights advocacy organization.

  • March 01, 2024

    Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit

    An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.

  • March 01, 2024

    Vidal Asked To Review PTAB Decisions In Semiconductor Fight

    A Dallas company called Greenthread LLC has asked the head of the U.S. Patent and Trademark Office to review decisions of the Patent Trial and Appeal Board allowing challenges to claims in a pair of its patents.

  • March 01, 2024

    DC Circ. Strikes Down Sentencing Add-On For Jan. 6 Rioter

    A former U.S. Air Force officer who participated in the storming of the Capitol on Jan. 6, 2021, has had his two-year prison sentence vacated, the D.C. Circuit ruled Friday, finding in a precedential ruling that rioters involved should not face an "administration of justice" enhancement because the process they disrupted was legislative, not judicial.

  • March 01, 2024

    Trustee's Office Goes After More Jackson Walker Fees In Texas

    As fallout over the Judge David R. Jones case continues, the U.S. Trustee's Office has filed a flurry of new motions in multiple bankruptcy cases, seeking to claw back fees paid to Jackson Walker LLP and, in at least one case, to reopen proceedings. 

  • March 01, 2024

    Whistleblowers Say Paxton's Bid To Duck Deposition 'Disloyal'

    Whistleblowers accusing Texas Attorney General Ken Paxton of firing them for reporting suspected wrongdoing urged the state Supreme Court to reject his office's attempt to "derail litigation unilaterally" and avoid deposition in their retaliation lawsuit.

  • March 01, 2024

    IT Firm Workers' $70M Race Bias Verdict Scrapped

    A Texas federal court on Friday wiped away a $70 million jury verdict that 10 former information technology company workers won in a race discrimination suit, saying the evidence didn't back up the hefty damages award.

  • March 01, 2024

    Taxation With Representation: Pillsbury, Cleary Gottlieb

    In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.

  • February 29, 2024

    Worley Pays Ecuador $6M To Resolve Oil Refinery Dispute

    The Ecuador attorney general's office has reported that Worley International Services Inc. fully paid a $6 million award to reimburse the country for fees and costs it incurred in an international arbitration over bribes the engineering firm made to secure oil refinery contracts.

  • February 29, 2024

    Exxon Protected From Plant Fire Suits, Texas Court Rules

    Providing workers' compensation insurance to its subcontractors shielded ExxonMobil Corp. from personal injury lawsuits brought by workers hurt in a fire at one of its petrochemical plants, a Texas appellate court said Thursday, overriding a trial court ruling against the oil giant.

  • February 29, 2024

    Texas Cash Advance Co. Fees Accused Of Usury In Disguise

    Cash advance app FloatMe Corp. has been hit with a proposed class action alleging the company violated Pennsylvania state law by charging fees that amount to unduly high interest rates on its short-term, small-sum loans.

  • February 29, 2024

    Houston Judge Again Declines Recusal In Back Wages Fight

    A Texas state judge again declined to recuse himself in a dispute between a Lewis Brisbois partner and his previous law firm after the partner filed a motion accusing the judge of allowing counsel for a Houston firm to "engage in numerous attacks" against him based on his sexuality.

  • February 29, 2024

    Houston Judge Says Opponent Misstates Law In Election Row

    A Houston state judge suing a political opponent has urged the presiding state court to reject her motion for a pretrial win, arguing that it contains "several misstatements of law and fact," including her assertion that he lacks witnesses to back his claim that she is ineligible for a judgeship.

  • February 29, 2024

    Tenet To Sell 2 Calif. Hospitals To Adventist For $550M

    Tenet Healthcare Corp. is selling two of its hospitals on the central California coast to health system Adventist Health for around $550 million, the two announced Thursday.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 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.

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