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									October 08, 2025
									FCC Tells Justices 5th Circ. Used Jarkesy To Gut EnforcementThe Fifth Circuit erroneously used a major U.S. Supreme Court decision curtailing U.S. Securities and Exchange Commission trials to "severely impair"Â Federal Communications Commission enforcement in the telecommunications industry, the FCC said in a petition urging the justices to resolve a new circuit split. 
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									October 08, 2025
									5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury CaseA Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power. 
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									October 08, 2025
									5th Circ. Says Some NOLA Rental Rules Are UnconstitutionalA Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional. 
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									October 08, 2025
									High Court Open To Allowing USPS 'Campaign Of Terror' SuitThe U.S. Supreme Court appeared likely Wednesday to let a Texas woman pursue claims that U.S. Postal Service workers engaged in an alleged "racially motivated harassment campaign," with several justices doubting that a federal tort law immunized the service from being held liable for intentional delivery failures. 
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									October 08, 2025
									Pioneer Used Winter Storm To Dodge Obligations, Court ToldPioneer Natural Resources USA Inc. failed to meet its end of a natural gas sale contract and cannot use Winter Storm Uri to dodge its obligations, an energy trading company told a Texas federal court during closing statements on Wednesday. 
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									October 08, 2025
									Texas Atty Indicted On 5 Counts Of CyberstalkingA Texas attorney was indicted on five counts of cyberstalking Tuesday along with two charges of transmitting communications in interstate commerce, accused in federal court of harassing five people including attorneys via various forms of digital media. 
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									October 08, 2025
									Jackson Walker Gets Healthcare Atty From Sheppard MullinJackson Walker LLP announced Wednesday it has added a partner from Sheppard Mullin Richter & Hampton LLP to boost its healthcare and life sciences group and capacity to handle transactional and regulatory matters for healthcare industry clients. 
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									October 08, 2025
									Micron Files Patent Case In Calif. Day After Hit With Texas SuitChinese chipmaker Yangtze Memory Technologies Company Ltd. has accused Micron Technology Inc. of infringing a series of patents related to computer memory, prompting Micron to respond with its own suit asserting that it didn't infringe the patents. 
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									October 08, 2025
									Judge To OK Neiman Marcus Trust's Altered Payout SchemeA Texas bankruptcy judge said on Wednesday he would allow the liquidating trustee in reorganized debtor Neiman Marcus' bankruptcy case to make distributions to unsecured creditors largely along the trustee's requested lines but without an abbreviated deadline for unclaimed funds to revert to the trust. 
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									October 07, 2025
									5th Circ. Queries If ChampionX Covered In $40M Oil Spill SuitA Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it. 
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									October 07, 2025
									Fed. Circ. Ponders Document Sealing In EDTX's Patent CasesA Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc. 
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									October 07, 2025
									Prospect Medical Fights $1M Software Fee Claims In Ch. 11Prospect Medical Holdings Inc. says the pending Chapter 11 proceedings for its hospitals in California and Connecticut should keep two technology companies from demanding more than $1 million in payment for disputed software and IT contracts, according to Prospect's filings with a Texas bankruptcy court on Monday. 
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									October 07, 2025
									Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge SaysA Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history. 
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									October 07, 2025
									Musk Atty Alex Spiro Faces DQ Bid Ahead Of Twitter Deal TrialA certified class of former Twitter investors accusing Elon Musk of tanking the social media platform's stock during acquisition negotiations has urged a California federal judge to disqualify Musk's proposed lead trial counsel Alex Spiro before a January trial, arguing he's a "critical first-hand witness" and may testify, according to documents unsealed Monday. 
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									October 07, 2025
									Rolls-Royce Can't Ditch Helicopter Crash Suit Before TrialA Texas federal judge won't give Rolls-Royce Corp. a win before trial in a suit over a fatal helicopter crash in the U.S. Virgin Islands, finding that the company failed to show that Indiana law bars the plaintiff's claims. 
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									October 07, 2025
									Texas Court Overturns Forfeiture Verdict For Lack Of EvidenceA Texas appellate panel on Tuesday reversed a civil-forfeiture judgment and ordered state officials to return nearly $42,000 in cash that sheriff's deputies seized from a driver, saying there was no direct evidence that he would have spent the money on illegal drugs. 
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									October 07, 2025
									Global Wound Care Flags Medicare Delay Amid ShutdownSpecialty medical practice Global Wound Care has told a Texas bankruptcy judge it is waiting on $27.2 million in Medicare reimbursement payments, saying the risk that the delays could put it into a liquidity crisis is compounded by the federal government shutdown. 
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									October 07, 2025
									Fitch Even's $1.2M Fee Fight Appears Headed To ArbitrationFitch Even Tabin & Flannery LLP's $1.2 million fee dispute with a former client and a litigation funder's CEO may be paused and sent to arbitration before the firm can convince an Illinois federal judge to halt any alleged use or transfer of the money at issue. 
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									October 07, 2025
									Litigation Funder, Ex-GC To Take Fight Out Of Texas CourtLitigation funder Siltstone Capital LLC has agreed to arbitration with a former general counsel it has accused in a Texas state lawsuit of diverting business opportunities and using confidential business information when secretly forming a new rival litigation funder, Signal Peak Partners LLC. 
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									October 07, 2025
									Estate's $17M Transfer Not Tax-Related, 5th Circ. ToldThe estate of a woman who inherited her husband's oil business and was the victim of elder abuse told the Fifth Circuit that it had multiple reasons unrelated to avoiding estate tax for setting up a partnership and transferring $17 million into it just before she died. 
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									October 07, 2025
									White & Case Lands Akin Energy Ace In HoustonWhite & Case LLP announced Tuesday that it has expanded its global mergers and acquisitions practice and global energy industry group with a partner in Houston who arrived from Akin Gump Strauss Hauer & Feld LLP. 
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									October 07, 2025
									Hess Cuts Deal To End Suit Over 401(k) Investment RosterEnergy company Hess agreed to settle a proposed class action alleging it cost workers millions of dollars in retirement savings by loading its employee 401(k) plan with expensive and poorly performing investment options, according to filings in Texas federal court. 
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									October 06, 2025
									Justices Wary Of Hard Rules On Recess Testimony TalksThe U.S. Supreme Court appeared reluctant Monday to rule that the Sixth Amendment allows defense counsel to freely discuss defendants' testimony with them during an intervening overnight recess, with justices questioning which topics should be off limits and which should not. 
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									October 06, 2025
									Cisco Gets PTAB To Invalidate Ethernet Patent ClaimsThe Patent Trial and Appeal Board has invalidated all claims Cisco Systems Inc. had challenged of an Ethernet patent owned by Lionra Technologies Ltd. 
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									October 06, 2025
									Pioneer Couldn't Deliver Gas During Storm, Court HearsPioneer Natural Resources USA Inc. told a Texas federal court Monday that Winter Storm Uri made it impossible to deliver about $9 million worth of natural gas to an energy trading company, saying during a Monday bench trial that the storm exempted it from its contractual obligations. 
Expert Analysis
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								Series Playing Soccer Makes Me A Better Lawyer  Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo. 
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								Compliance Changes On Deck For Banks Under Texas AI Law  Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler. 
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								Series Law School's Missed Lessons: Learning From Failure  While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis. 
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								AI Infrastructure Growth Brings Unique IP Considerations  The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen. 
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								Series Adapting To Private Practice: From ATF Director To BigLaw  As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler. 
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								New DOJ Penalty Policy Could Spell Trouble For Cos.  In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise. 
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								A Look At Key 5th Circ. White Collar Rulings So Far This Year  In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker. 
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								7 Ways Employers Can Avoid Labor Friction Over AI  As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie. 
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								How Property Insurers Serve As Climate Change Harbingers  Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities. 
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								Series Playing Baseball Makes Me A Better Lawyer  Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie. 
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								Managing Risks As State AGs Seek To Fill Enforcement Gap  Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor. 
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								Opinion Prosecutors' Duty To Justice Sometimes Demands Mea Culpa-(1).jpg)  Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea. 
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								Series Law School's Missed Lessons: Skillful Persuasion  In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani. 
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								Litigation Inspiration: How To Respond After A Loss  Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben. 
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								DOJ Crypto Enforcement Is Shifting To Target Willfulness  Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn. 
