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December 02, 2024
PTAB Presses Play On Playrix's Challenge To Video Game IP
A ruling from the U.S. Patent and Trademark Office director changing the meaning of a claim in a video game patent was enough for the agency's administrative board to now move forward with a challenge over patented software cited in a Texas lawsuit lodged against mobile game developer Playrix.
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December 02, 2024
Influencer Hasn't Shown She's 'Special' In IP Row, Rival Says
An influencer hasn't backed up her claims that she's "unique" and "special" in her case accusing a competitor of copying her social media aesthetic, the rival told a Texas federal court, asking it to reject a magistrate judge's recommendations to keep much of the case alive.
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December 02, 2024
Remediation Co. Says Anadarko Can't Support Coverage Bid
An environmental remediation company urged a Texas federal court to deny Anadarko Petroleum Corp.'s bid for an early win in a dispute over coverage for a decade-old Louisiana kickback suit, saying the oil producer failed to show that it's entitled to a defense and indemnity.
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December 02, 2024
Nvidia, Microsoft Accused Of Delay Game In AI Chip Fight
Nvidia and Microsoft have traded barbs with a startup over its bid to put a 2025 trial on the calendar in its patent infringement and antitrust suit against them, telling a Texas federal court that the startup is trying to "barrel through the case" and eliciting accusations that they're playing a delay game.
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December 02, 2024
Texas Truck Co. Owes Chinese Tire Import Tax, 5th Circ. Says
A Houston truck company that sold tires made by a Chinese manufacturer is on the hook for excise taxes as the beneficial owner of the tires, the Fifth Circuit decided in an opinion Monday that reversed a ruling freeing the company from its nearly $2 million tax bill.
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December 02, 2024
5th Circ. Bars Feds From Messing With Texas' Wire Barriers
A split Fifth Circuit panel said federal agents can't interfere with concertina razor wire barriers Texas erected to deter illegal border crossings, ruling that the federal government isn't immune from Texas' state law claims for trespass and conversion.
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December 02, 2024
Chancery OKs $345M Fee Award For $55B Musk Pay Fight
Delaware's chancellor approved a $345 million attorney fee award Monday in the case that scuttled Tesla CEO Elon Musk's 10-year, $55.6 billion compensation plan, rejecting the plaintiff's bid for $5.6 billion in freely tradable company shares and declining to reinstate Musk's proposed pay.
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December 02, 2024
Couple Say Texas Law Firm Let Disbarred Atty Represent Them
A Texas couple say in a lawsuit filed in Harris County court that a Houston-area law firm allowed a disbarred attorney to represent them in a case against the seller of their home, alleging he botched the case and failed to prevent their eviction.
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December 02, 2024
BakerHostetler Adds Litigation Duo From Dallas Boutique
Two former name partners at litigation boutique Carter Arnett Bennett & Perez PLLC have joined BakerHostetler in Dallas, strengthening its labor and employment and litigation practices with a combined three decades of experience, the firm announced Monday.
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December 02, 2024
Healthcare Biz Atty Rejoins Dentons As Partner In Dallas
Dentons announced Monday that an attorney who spent years in-house in the healthcare industry has rejoined the firm as a partner in Dallas to enhance its efforts servicing clients in health insurance regulation and other healthcare matters.
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December 02, 2024
Jackson Walker 'Extinguished' Privilege Over Judge Romance
An Oregon federal judge has said Holland & Knight LLP lawyers must turn over documents regarding their advice to Jackson Walker LLP on how to handle the "debacle" of a former firm partner's intimate relationship with a former bankruptcy judge, finding Jackson Walker has "utterly extinguished" any claim to attorney-client privilege.
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December 02, 2024
Circle K Fights How Denver Counts Tobacco-To-School Span
The convenience store chain Circle K is suing Denver to challenge the city's application of a law requiring tobacco sales occur no closer than 1,000 feet from schools, alleging in a state court complaint that an erroneous approach to distance measurements will limit Circle K's ability to open new stores.
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November 27, 2024
Starbucks, Baker Botts Partner Accused Of Defaming Inventor
An executive for a patent-licensing company that's pursuing infringement litigation against numerous restaurants over a patent that lets customers place mobile orders using a real-time menu that can make personalized suggestions accused Starbucks and its Baker Botts LLP attorney in a lawsuit Wednesday of making defamatory statements about him.
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November 27, 2024
Full Fed. Circ. Urged To Set Tighter Rules On Patent Damages
Numerous major companies and industry groups have asked the full Federal Circuit to rule that district judges must carefully scrutinize expert testimony seeking large damages in patent cases and exclude unreliable opinions, rather than allowing juries to decide how much weight to give them.
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November 27, 2024
X Corp Says Gov't Trying To 'Muzzle' Doc In Bitter HIPAA Case
X Corp has told a Texas federal judge that government prosecutors were trying to "muzzle" a doctor accused of sharing protected patient information while talking to the press about a hospital's gender-affirming care practices, saying the government was out of line.
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November 27, 2024
Texas Tells 5th Circ. EPA Botched Ozone Compliance Orders
The state of Texas called on the Fifth Circuit to vacate part of a U.S. Environmental Protection Agency action requiring the state to revise its plan addressing "moderate" nonattainment of ground-level ozone standards for the Dallas, Houston and San Antonio areas, in light of the cities' upgrade to "serious" nonattainment.
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November 27, 2024
Drake Says UMG Boosted Lamar's False 'Pedophile' Claim
Despite knowing Kendrick Lamar's "Not Like Us" single falsely accused Drake of being a "certified pedophile," Universal Music Group chose to boost the song across radio airwaves by potentially making illicit payments to iHeartMedia, the Canadian rapper alleged in Texas court the same day he made similar allegations in Manhattan.
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November 27, 2024
Texas Backs Off Title X Suit On Contraceptives To Minors
Federal health officials are no longer enforcing a rule in Texas that tied funding to contraceptive access for minors, Texas officials told a court Tuesday as it asked to dismiss a suit it had filed against the U.S. Department of Health and Human Services.
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November 27, 2024
GOP-Led States Accuse BlackRock Of Driving Up Coal Prices
Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."
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November 27, 2024
5th Circ. Reverses Treasury's Block Of Crypto Mixer
The Fifth Circuit has rejected the government's blacklisting of Tornado Cash for "its role in laundering virtual currency for malicious cyber actors," saying the cryptocurrency service's immutable smart contracts, or lines of privacy-enabling software code, are not "property" and are therefore unownable and cannot be blocked under the International Emergency Economic Powers Act.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Fla. Atty Vows To Fight Litigation Funder's Law Firm Stock Win
A Florida attorney is planning to challenge a state appellate decision issued Wednesday that he must turn over stock interest in his law firms to a litigation finance company to help cover tobacco settlement funds, asserting that the ruling must be vacated in light of a recent Texas appellate decision that invalidated an underlying judgment.
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November 27, 2024
Howard Hughes Corp. Beats Hurricane Harvey Flood Suit
A Texas state appellate court has sided with Howard Hughes Corp. and an engineering company in an appeal brought by homeowners who claimed the companies were liable for property damage caused by Hurricane Harvey in August 2017.
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November 27, 2024
Judge Dismisses Suit Alleging Collusion In 'Texit' Case
A Texas federal judge on Wednesday dismissed a suit brought by a civil rights attorney who has represented the Texas secession group behind the "Texit" movement, ending litigation over alleged collusion to run up attorney fees against him in a defamation case connected to the group.
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November 27, 2024
EPA Mercury Rule Is Fatally Flawed, DC Circ. Told
Republican-led states and fossil fuel industry groups fired back at the U.S. Environmental Protection Agency's recent defense of its rule strengthening standards for mercury and other toxic air emissions at power plants, telling the D.C. Circuit the agency misinterpreted the Clean Air Act's pollution reduction goals.
Expert Analysis
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.