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May 14, 2025
Potential Jurors In IP Hot Spots Hold Mixed Views On Big Tech
A survey of possible jurors in popular courts for intellectual property cases has found their overall outlook on Big Tech to be largely positive, but also found that many believe that tech giants will swipe technology from smaller businesses and that they suppress competition.
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May 14, 2025
Abbott Signs Bill Codifying Immunity For Corporate Execs
Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.
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May 14, 2025
Risks Abound For Higher Ed As Top Court Ruling Turns 2
Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.
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May 14, 2025
Texas Judge Latest To Bar Removals Under Wartime Âé¶¹´«Ã½
A Texas federal judge joined a chorus of other courts that have slammed the brakes on President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States, saying the policy likely violates a slew of federal laws.
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May 14, 2025
Houston Midwife Says AG Has No Evidence To Close Clinics
A Houston-area midwife who was arrested earlier this year on a charge of providing an illegal abortion is arguing to a state appellate court that Texas Attorney General Ken Paxton "came nowhere close to meeting the state's burden" in his bid to shut down her clinics.
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May 14, 2025
Venture-Backed Tech IPOs Forge Ahead As Momentum Builds
Venture-backed mobile banker Chime Financial Inc. has filed for an initial public offering, while advertising technology platform MNTN Inc. unveiled a price range on an estimated $176 million listing, marking the latest developments this week to bolster the IPO pipeline.
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May 14, 2025
Grant & Eisenhofer Exits Tech Co. Ch. 11 After Watchdog Balk
Insolvent technology firm AgileThought's special litigation counsel, Grant & Eisenhofer, said it was withdrawing from representing the debtor after the U.S. Trustee objected to a plan to have the firm also represent AgileThought's prepetition lender and the buyer of its assets, Blue Torch Finance LLC.
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May 14, 2025
ExxonMobil Accuses Texas Atty Of Double Repping Company
Exxon Mobil and XTO Energy have accused a Texas attorney of taking their trade secrets connected to mineral interests and using them to benefit another energy company he is also representing.
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May 14, 2025
Hamilton Wingo Hires Two Personal Injury Attys In Texas
Hamilton Wingo LLP has hired two personal injury attorneys, one of whom is rejoining the firm and another who the firm said was recognized as having one of the top 100 verdicts in Texas during her first year in practice, the firm recently announced.
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May 13, 2025
PTAB Ramps Up Fintiv Denials After Withdrawal Of Memo
Weeks after the U.S. Patent and Trademark Office withdrew a memo that limited when patent challenges could be rejected based on parallel litigation, the Patent Trial and Appeal Board has denied dozens of petitions by citing upcoming trials, mostly in the Eastern District of Texas.
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May 13, 2025
Feds Say Crypto Developer's Money Transmitter Suit Isn't Ripe
The U.S. Department of Justice urged a Texas federal judge to cut through a lawsuit seeking to protect forthcoming crypto crowdfunding software from an enforcement action, arguing the software developer's purported business plan stands apart from the DOJ's crypto money transmission prosecutions.
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May 13, 2025
X Says Elon Musk Can't Sit For Media Matters Deposition
X Corp. told a Texas federal judge that left-leaning watchdog Media Matters for America cannot make billionaire CEO Elon Musk sit for a deposition in X's disparagement suit, saying Musk lacks specific knowledge about the case and is "one of the busiest men on the planet."
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May 13, 2025
Google Spars With AGs Over Impact Of DOJ Ad Tech Ruling
Google is telling a Texas federal judge that its recent ad tech trial loss to the U.S. Department of Justice in the Eastern District of Virginia should have no bearing on the similar case brought in Texas by state attorneys general because the Virginia ruling is not yet final.
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Hooters Can Tap Full $40M DIP In Chapter 11
Restaurant chain Hooters can tap the last $30 million of its $40 million Chapter 11 debtor-in-possession loan after it agreed to escrow disputed royalty revenue to quell a creditor's objection during a Tuesday hearing in a Texas bankruptcy court.
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May 13, 2025
Texas Investigates GenÂerÂal Mills Over Food Coloring In Cereal
Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.
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May 13, 2025
Senate Dems Say Paramount Deal Needs Full FCC Vote
Two Democratic senators called Tuesday for a full Federal Communications Commission vote on the tie-up of Paramount and Skydance Media to avoid even the "appearance of impropriety" from the deal gaining approval amid President Donald Trump's suit against Paramount's CBS.
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May 13, 2025
The Man Who Ended Affirmative Action Is Just Getting Started
Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.
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May 13, 2025
Match Group Says Customer Gripes Can't Fly In FTC Ad Suit
Match Group Inc. asked a Texas federal judge to bar the Federal Trade Commission from using "unsworn customer complaints" for evidence ahead of trial concerning the company's allegedly shady business practices, saying the complaints are unverified and classic hearsay.
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May 13, 2025
IT Worker Accuses Feds Of Malware Trial Evidence 'Ambush'
A former IT worker at an Ohio power management company has asked for a new trial on charges that he intentionally corrupted his employer's computer system with malware, saying prosecutors withheld evidence until the last minute that directly rebutted a key aspect of his defense.
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May 13, 2025
Âé¶¹´«Ã½ Firms Expected To Settle Veteran's TCPA Suit
A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.
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May 13, 2025
Buzbee Beats Suit Claiming He Coerced Client To Settle
Texas attorney Anthony Buzbee, who is making headlines by filing sexual abuse lawsuits against music mogul Sean "Diddy" Combs, has defeated a malpractice suit filed in Louisiana federal court by a ship captain alleging that the attorney pushed him to settle a work injury claim, then took 98% of the final disbursement.
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May 13, 2025
Albright Scraps $26M Video Patent Verdict Against Google
U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.
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May 13, 2025
Trump Nudges Justices To Lift Ban On Venezuelan Removals
The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.
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May 13, 2025
Texas House OKs Bill Expanding Biz Court Disputes
A bill that would bring sweeping changes to the state's business court is one step closer to becoming law after approval by the Texas House on Tuesday.
Expert Analysis
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Series
Coaching Little League Makes Me A Better Âé¶¹´«Ã½yer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'
The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.
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5 Litigation Funding Trends To Note In 2025
Âé¶¹´«Ã½yers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Âé¶¹´«Ã½.
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Roundup
Banking Brief: State Âé¶¹´«Ã½ Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.