Texas

  • February 22, 2024

    CVS Says Redbox Won't Remove Kiosks Despite Expired Deal

    Pharmacy chain CVS filed a lawsuit against Redbox in Illinois state court Wednesday alleging the DVD rental company has refused to remove its kiosks from 10 CVS stores across the country after their deal expired, and is seeking over $424,000 in unpaid commissions and the removal of the kiosks.

  • February 22, 2024

    Ex-BP Exec's Husband Cops To $1.7M Insider Trading

    The husband of a former manager at British oil and gas company BP PLC on Thursday pled guilty to securities fraud in Texas federal court and agreed to forfeit the $1.7 million he made with the help of insider trading, the U.S. Department of Justice said Thursday.

  • February 22, 2024

    Ex-Vitol Trader Denies Knowing Of Bribes, As Trial Nears End

    Counsel for a former Vitol Group executive told a New York federal jury in closing arguments Thursday that his client wasn't aware of bribes being paid to officials in Ecuador and Mexico in order to obtain $500 million in state contracts, while a prosecutor insisted that the former oil trader was the linchpin to the corruption scheme.

  • February 22, 2024

    Texas Developer Battles DOJ's 1st Predatory Mortgages Suit

    A Texas land developer is fighting back against a high-profile predatory lending lawsuit filed by the U.S. Department of Justice and Consumer Financial Protection Bureau, telling a Houston federal judge that the government's "reverse redlining" theory isn't legally sound and relies on sloppy loan comparisons.

  • February 22, 2024

    Exxon Wants To Press Forward With Activist Investor Case

    ExxonMobil Corp. says it should be allowed to move forward with a lawsuit against a pair of activist investors who proposed that the company speed up the pace of its greenhouse gas emission reductions, arguing that the investors' decision to withdraw the proposal will not prevent a similar one from being filed in the future.

  • February 22, 2024

    IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats

    Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 22, 2024

    5th Circ. Affirms Medicare Kickback Convictions

    The Fifth Circuit upheld two Texas group-home owners' convictions and sentences for their role in a Medicare kickback scheme, rejecting their argument that a trial court judge wrongly admitted audio recordings at trial and incorrectly calculated the scheme's returns.

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    Harris County Cites 'Major Flaw' In Agency's Concrete Permits

    Harris County on Thursday announced it was suing the Texas Commission on Environmental Quality over January amendments to permitting requirements for concrete plants, writing that while the regulations could improve air quality for Houston residents, the agency added a "major flaw" by giving plants up to 10 years to comply.

  • February 22, 2024

    First-Ever Anti-Doping Act Defendant Sentenced To 3 Months

    A "naturopathic" therapist who distributed performance-enhancing drugs during training for the Tokyo Olympics in 2021 has been sentenced to three months in prison by a New York federal judge, becoming the first-ever defendant to receive time in jail under the Rodchenkov Anti-Doping Act.

  • February 22, 2024

    NLRB Joint Employer Rule Delayed Again Amid Biz Challenge

    A Texas federal judge on Thursday delayed until March an imminent National Labor Relations Board rule change that will make it tougher for employers to show they are not joint employers while the court mulls a business coalition's challenge.

  • February 22, 2024

    Charter Argues For Tough IoT Security Authentication

    As the Federal Communications Commission prepares to vote next month on a "U.S. Cyber Trust Mark" for Internet of Things devices, cable giant Charter said the FCC should require that eligible devices maintain secure access controls.

  • February 22, 2024

    Sorrento Says US Trustee's Protest Of Texas Venue Off Base

    Sorrento Therapeutics Inc. told a Texas bankruptcy court the company's choice to bring a Chapter 11 in the Lone Star State was sound, so the court should ignore a call from the U.S. Trustee's Office to trash or relocate the case.

  • February 22, 2024

    $10M Crash Verdict Nixed Over Excluded Toxicology Expert

    A Texas appeals court on Thursday vacated a $10 million verdict against a truck driver in a wrongful death suit, saying the trial court wrongly excluded expert testimony about the other driver's blood alcohol content and how it could have contributed to the crash.

  • February 22, 2024

    Texas Pharmacists Paid Doctors Kickbacks, Prosecutors Say

    Dallas federal prosecutors have accused about a dozen doctors and pharmacists of a patient referral scheme, saying in an indictment entered Thursday that the pharmacists gave the doctors kickbacks in exchange for expensive prescriptions fillable at specific pharmacies.

  • February 22, 2024

    Google Says Worker's Poor Performance Dooms Age Bias Suit

    Google urged a Texas federal judge to grant it a pretrial win in a former sales manager's lawsuit alleging the company's push to replace older men with younger female workers cost him his job, saying the evidence shows he was cut loose for his poor performance.

  • February 22, 2024

    Google Deception Upended Free Markets, Texas-Led States Say

    A Texas-led coalition of states wants a federal court in the Lone Star State to preserve claims alleging Google broke state laws against deceptive trade practices, arguing the tech giant juiced profits for years by hiding changes to its advertising auction platform from users.

  • February 22, 2024

    Instant Brands Ch. 11 Plan Gets OK After Win In Supplier Row

    A Texas bankruptcy judge on Thursday gave tentative approval to home-appliance maker Instant Brands' reorganization plan after finding that recent briefings from the company and a supplier supported his preliminary decision last week to preserve the debtor's indemnification rights.

  • February 22, 2024

    FERC Squeezes Ketchup Co. For $27M Power Market Fraud

    The Federal Energy Regulatory Commission is proposing $27 million in penalties for a Texas company that made in-car ketchup holders and its co-owner for allegedly manipulating a Midwest grid operator's electricity markets, saying the company "operated as a fraudulent enterprise with no legitimate market activity."

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    Judge Partially Tosses Suit Over Texas Beirut Bombing Suits

    A Texas federal judge has partially dismissed a lawsuit between two Houston attorneys and a Maryland firm they've accused of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing, writing that the firm can't face suit in the Lone Star State because the duo initiated and executed the representation agreement while on the East Coast.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    5 Firms Steer $11B Chord Energy-Enerplus Combo

    Vinson & Elkins LLP, Wachtell Lipton Rosen & Katz and Goodmans LLP are steering Chord Energy Corp. on its agreement to buy Canada's Enerplus Corp., which will create an $11 billion company that Chord said will be a premier Williston Basin-focused energy player.

  • February 21, 2024

    Former Texas Atty Gets 50 Years For 'Ponzi-Type' Client Fraud

    A Texas federal judge sentenced a former San Antonio lawyer to 50 years in prison after he pled guilty to mishandling millions in client funds to support his "extravagant lifestyle," the U.S. Attorney's Office for the Western District of Texas said in a statement Wednesday.

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

Expert Analysis

  • 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.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • 3 Administrative Law Lessons From 5th Circ. Appliance Ruling

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    Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.

  • What To Know About WDTX Standing Order For Patent Cases

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    Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

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    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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