• February 14, 2024

    Kirkland-Led PE Shop Raises $887M Across 2 Industrial Funds

    Kirkland & Ellis LLP-advised Core Industrial Partners, a private equity shop focused on industrial technology and industrial services, said Wednesday that it closed two separate funds above target, amassing a total of $887 million in capital commitments.

  • February 13, 2024

    Planned Parenthood Says Immunity Ignored In FCA Case

    Planned Parenthood told the Fifth Circuit that a district court's bases for rejecting its immunity defenses should be rejected, in its opening brief in its appeal in a False Claims Act suit that accuses the group of improperly billing Medicaid programs in Texas and Louisiana for millions after losing its Medicaid credentials.  

  • February 13, 2024

    Fed. Circ. Kicks Back Veterans' Combat Compensation Win

    The Federal Circuit has reversed a lower court's ruling granting a class of veterans represented by a late-filing former U.S. Marine retroactive special compensation, finding that his compensation is limited by a six-year statute of limitations.

  • February 13, 2024

    SpaceX Says It Deserves Injunction In NLRB Structure Fight

    A Texas federal judge should block a National Labor Relations Board case against SpaceX from proceeding while the company challenges the constitutionality of the agency's structure in federal court, SpaceX argued in a brief docketed Tuesday, claiming it has met the criteria for a preliminary injunction.

  • February 13, 2024

    Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement

    A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.

  • February 13, 2024

    Exxon Investors Urge Judge To Toss SEC 'Proxy Battle'

    The ExxonMobile Corp. investors who backed off plans to call for a shareholder vote on the company's climate change policies now say the company's lawsuit attempting to bar the proposal should be dismissed, arguing the company is only moving forward with the case to indirectly challenge the authority of the U.S. Securities and Exchange Commission.

  • February 13, 2024

    Voyager Investors Suing Mark Cuban Reach Deal With Gronk

    Investors suing billionaire Mark Cuban over his role in promoting now-bankrupt Voyager Digital Ltd. said Tuesday they had reached a tentative agreement with former NFL star Rob Gronkowski to stay claims tied to his social media posts and appearances boosting the cryptocurrency firm.

  • February 13, 2024

    Apache Agrees To Pay $4M For Air Pollution Violations

    Apache Corp. reached a deal Tuesday with the federal government and New Mexico to pay $4 million in civil penalties over allegations the company failed to capture and control air emissions from its oil and gas production operations.

  • February 13, 2024

    NLRB's Joint Employer Rule Gets Long Look In Biz Challenge

    The National Labor Relations Board's revised joint employer test is not just "logically incoherent" but also violates federal labor law, the attorney for a U.S. Chamber of Commerce-led business coalition argued during marathon Texas federal court arguments Tuesday in a bid to block the impending shift.

  • February 13, 2024

    Billing Cos. Deny Claims By Health Facility In $7M Fraud Case

    Three medical billing companies are fighting a suit by a mental health treatment facility alleging their "incompetence" cost it roughly $7 million in lost revenue and damages, telling a Connecticut federal judge that the facility wrongly terminated their agreement.

  • February 13, 2024

    Hess Loaded 401(k) Plan With Costly Investments, Suit Says

    Energy company Hess Corp. allowed its $903 million employee retirement plan to be filled with expensive and poorly performing investment options, costing workers millions of dollars in retirement savings, according to a proposed class action filed in Texas federal court.

  • February 13, 2024

    Insurer, Apartment Owner Agree To End Hail Damage Dispute

    The owner of a 12-building apartment complex near Texas A&M University has agreed to end a dispute in Texas federal court with its insurer over $4 million in hail damage coverage.

  • February 13, 2024

    House GOP Passes Measure To Impeach DHS Secretary

    The U.S. House of Representatives voted Tuesday in favor of impeaching Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, over claims of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the southern border, after a failed attempt last week.

  • February 13, 2024

    Samsung Echoes LG Chem In Vape Battery Arguments

    Samsung told a Houston appellate court Tuesday that it shouldn't be held liable for injuries a man incurred after a lithium-ion battery exploded in his pocket, saying the case fell outside the scope of recent battery explosion cases state courts have been wrangling with, despite making substantially similar arguments to the panel.

  • February 13, 2024

    AT&T, Nokia Turn To 1884 Precedent To Fight $181M Trial Loss

    AT&T and Nokia are challenging a jury verdict out of Marshall, Texas, that orders them to pay a small Utah business more than $181 million, telling a federal appeals court that paying that sum would upend important Supreme Court precedent on patent damages that dates to the late 1800s.

  • February 13, 2024

    Texas Appeals Court Grants Medical Coding Co.'s Atty Fee Bid

    A Texas appellate panel has ordered a diagnostics business to pay a medical coding company's attorney fees following a contract dispute between the companies, issuing a judgment Tuesday that also affirmed a trial court's decision to grant the coding company summary judgment.

  • 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.

Expert Analysis

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • A Year Of Transition At The Agenda-Setting 5th Circ.

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    Under the spotlight of hot issues this year, the Fifth Circuit has appeared to be an ideological court generating controversial decisions and attracting certiorari-grants — but in the shadows and liminal spaces of the everyday issues, the court and its members operate in a much more nuanced and less-divisive way, says Tad Bartlett at Fishman Haygood.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • ESG Investing Caught In Culture War Crosshairs In 2023

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    As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Lessons From DOJ's Wave Of Labor Market Prosecutions

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    Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.

  • New Texas Funds For Water And Power Projects: Key Points

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    Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.

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