Texas

  • February 05, 2024

    Carnelian Energy Capital Secures $975M For 5th Fund

    Energy investment firm Carnelian Energy Capital LP on Monday revealed that it held the first and final closing of its fifth fund after securing $975 million in limited partner capital commitments.

  • February 05, 2024

    Bank Groups Sue To Overturn New Community Lending Rules

    The Federal Reserve and other banking agencies were sued Monday in Texas federal court over their recent revamp of rules intended to spur bank lending in underserved communities, an overhaul that a coalition of banking industry trade groups alleges violated federal law and must be set aside.

  • February 05, 2024

    Cities, Advocacy Groups Say DACA Is Vital For US Communities

    Dozens of local governments and advocacy groups have thrown their support behind the Biden administration's appeal to save the Deferred Action for Childhood Arrivals program, telling the Fifth Circuit both families and economies will suffer if DACA dies.

  • February 05, 2024

    Clifford Chance Adds Kirkland Energy Pros In Houston, DC

    Clifford Chance LLP announced Monday that it has strengthened its global energy and infrastructure team in the U.S. with the addition of partners in Houston and Washington, D.C., who both came aboard from Kirkland & Ellis LLP.

  • February 05, 2024

    Steptoe Adds IP Trial Partner From Orrick

    Steptoe LLP picked up an intellectual property litigation partner from Orrick Herrington & Sutcliffe LLP in its latest step to grow its new Houston-based practice, the firm said Monday.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 05, 2024

    DOJ's Google Ad Tech Case Gets Sept. 9 Trial In Va.

    A Virginia federal judge teed Google up Monday for its next big antitrust battle and the first of three targeting its display advertising placement auction technology dominance, scheduling a Sept. 9 kickoff to the jury trial sought by the U.S. Department of Justice.

  • February 02, 2024

    Norton Rose Sued For Firing Worker Over COVID Vax Mandate

    A former Norton Rose IT worker has accused the firm of discrimination for refusing to accommodate his religious belief against getting a COVID-19 vaccination, alleging in a complaint filed in Texas federal court that the firm fired him after he said he didn't feel peace from the Holy Spirit about receiving the vaccine.

  • February 02, 2024

    Intel Presses Full Fed. Circ. For Total Relief From VLSI Verdict

    Intel urged the Federal Circuit on Friday to reconsider its holding that the company infringed a VLSI Technology computer chip patent, even as the court vacated a $1.5 billion infringement verdict tied to that patent.

  • February 02, 2024

    Google Faces Mounting Pressures In Ad Tech Cases

    A Texas federal judge said Friday that Google would have to refile a dismissal bid aimed at state attorneys general allegations targeting its display advertising placement auction technology dominance, while half a continent away the U.S. Department of Justice eyed a July trial over that same technology in a Virginia federal courtroom.

  • February 02, 2024

    3 Arguments, Hearings Benefits Attys Should Watch In Feb.

    This month, the Fifth Circuit will hear a battle over the arbitration process for challenging surprise medical bills, the Federal Circuit will referee a NASA worker's bid to get his military leave suit back on track, and Clorox will try to sink a 401(k) forfeitures class action. Here are three court dates benefits attorneys might want to add to their calendars.

  • February 02, 2024

    ABA Chides 5th Circ. At High Court Over Mifepristone Ruling

    The American Bar Association on Friday urged the U.S. Supreme Court to undo a Fifth Circuit opinion affirming limits on access to the abortion medication mifepristone, saying it doesn't typically weigh in on such cases, but asserting the appeals court wrongly "second-guessed" the Food and Drug Administration.

  • February 02, 2024

    Exxon Investors Drop Climate Proposal, But Suit To Continue

    The climate-focused investment firm at the center of a court battle with ExxonMobil Corp. said Friday that it will no longer push emissions reductions at the Big Oil firm, but pulling the shareholder proposal that led to the lawsuit may not dissuade Exxon from moving forward with the case. 

  • February 02, 2024

    Fed. Circ. Won't Revive Lighting Graphics IP Suit Against Sony

    The Federal Circuit on Friday backed a Texas federal court's refusal to grant Infernal Technology LLC and Terminal Reality Inc. a new trial after a jury held that Sony didn't infringe their patents for lighting in computer graphics.

  • February 02, 2024

    Hulu, Disney, Netflix Escape Texas Tax Franchise Suit

    A state appeals court has said Hulu, Disney and Netflix can escape a lawsuit from 31 Texas municipalities that accuse them of failing to pay a state franchise tax, adopting the companies' argument that they are not required to pay the 5% fee because they are not franchise holders.

  • February 02, 2024

    Diamond Sports Inks 2024 Broadcast Deals With 3 MLB Teams

    Bally Sports Network will broadcast the upcoming major league baseball season for The Cleveland Guardians, The Texas Rangers and The Minnesota Twins, its parent company told a Texas bankruptcy court Friday, with the renegotiated telecasting deals coming weeks after it announced a plan to emerge from bankruptcy.

  • February 02, 2024

    Meet The Attys Tackling The FCC's Digital Discrimination Rule

    The U.S. Chamber of Commerce and other business organizations have launched an anticipated challenge in the Fifth Circuit to the Federal Communications Commission's recently adopted directive against digital discrimination.

  • February 02, 2024

    Holland & Knight Adds Hunton Andrews Energy Ace In Texas

    Holland & Knight LLP is expanding its regulatory team, bringing in a Hunton Andrews Kurth LLP environmental and natural resources expert — and a former federal prosecutor — as a partner in its Houston office.

  • February 02, 2024

    Texas Law Firm Aims To Keep 'Click-To-Call' Suit Intact

    A Texas law firm says it has standing to bring trademark claims against a legal referral outfit that operated an alleged "click-to-call" scheme that pilfered clients and business from the firm, asking a Texas federal court Thursday not to dismiss claims against the referral company.

  • February 02, 2024

    Colo. Firm Says Texas Rival Is Encroaching On 'Strong Arm' Turf

    A prominent Colorado personal injury firm has sued a Texas-based personal injury firm in Denver District Court for allegedly violating an agreement to only use the phrase "the strong arm" for marketing in Texas.

  • February 02, 2024

    NLRB Constitutionality Fight Must Stay In Texas, SpaceX Says

    A constitutional challenge to the National Labor Relations Board's structure shouldn't head to a California district court, SpaceX contended, saying the case must proceed in Texas because fired workers in the dispute "caused substantial disruption" to the company in that state.

  • February 02, 2024

    Baker Botts Adds Employment Team Head From Hunton

    Baker Botts LLP has added a partner from Hunton Andrews Kurth LLP to lead its labor and employment practice, bolstering its ranks in Houston with a versatile attorney whose experience includes handling high-stakes trade secrets and employee benefits litigation.

  • February 02, 2024

    Buyer Of T. Boone Pickens' Ranch Fights For Name Rights

    The new owner of T. Boone Pickens' sprawling Mesa Vista Ranch in the Texas Panhandle alleged a neighboring property owner abused the ranch trademark to advertise a land sale, according to a lawsuit filed in Texas federal court.

  • February 01, 2024

    FedEx Gets 5th Circ. To Slash $366M Bias Verdict To $249K

    The Fifth Circuit on Thursday cut a $366 million verdict against FedEx in a former employee's suit alleging she was fired for reporting race discrimination down to just under $249,000, finding that some of the employee's claims were time-barred and that she was not entitled to punitive damages.

  • February 01, 2024

    Higher Ed Alliance Says Ending DACA Will Decimate Economy

    More than 150 universities and colleges on Thursday backed the Biden administration's quest to save the Deferred Action for Childhood Arrivals program in the Fifth Circuit, saying the program has allowed its recipients to thrive and ultimately benefit the nation's economy.

Expert Analysis

  • 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.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

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