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July 16, 2025
Hyatt, Others Beat Sex Trafficking Claims, For Now
A Texas federal judge Wednesday dismissed a suit accusing Hyatt and other hotel operators of knowingly allowing a woman to be sex trafficked, saying the plaintiff failed to properly allege that the hotels knew or should have known of the sex trafficking, but granted leave to try again.
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July 16, 2025
Linqto Investor Says Ch. 11 Case Is Forum-Shopped 'Scheme'
Linqto shareholder Sapien Group told a Texas bankruptcy judge on Wednesday that the investment platform's Chapter 11 filing this month is a "quintessential example" of forum shopping that was designed to evade an investor effort to replace Linqto's board, urging the judge to transfer the case to Delaware.
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July 16, 2025
American Airlines Pushed Assault Victim Out, Suit Says
American Airlines pushed a customer service agent out of her job after she reported that her supervisor repeatedly physically assaulted her at work by punching, pulling her hair and kicking her, according to a suit the airline removed to Washington federal court.
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July 16, 2025
Penske Tells 5th Circ. To Ax Freight Broker Negligence Case
Trucking services giant Penske Logistics LLC and an affiliate told the Fifth Circuit on Wednesday that the family of a man killed in a 2018 Texas collision cannot revive their wrongful death suit seeking to hold Penske liable for negligently hiring the unsafe motor carrier that caused the accident.
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July 16, 2025
BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds
A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.
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July 16, 2025
Chemical Co. Claims Partner Duped It With Arbitration Clause
Petrochemical company Indorama Ventures LLC has accused its Houston-area partner of slipping an arbitration clause into a chemical contract without its consent.
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July 16, 2025
Texas Launches Investigation Into Mars Inc.'s Use Of Dyes
Texas announced Wednesday an investigation into Mars Inc. over its use of artificial dyes in its food products, adding to the state's string of recent investigations into companies for allegedly deceptive marketing relating to their use of dyes in food.
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July 16, 2025
Judge Sets Execution Date In Shaken Baby Syndrome Case
A Texas judge on Wednesday granted the state's request to set an execution date for a man convicted of killing his daughter based on a diagnosis of shaken baby syndrome despite his pending appeal before the state's highest criminal court.
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July 16, 2025
Scanrock Oil & Gas Gets OK For Vote On Ch. 11 Plan
A Texas bankruptcy judge gave Scanrock Oil & Gas permission Wednesday to send its Chapter 11 plan out for a creditor vote after the hydrocarbon driller answered objections by giving royalty owners a claim on property sale revenues.
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July 16, 2025
Glucose Monitoring Co. LifeScan Hits Ch. 11 With $1.7B Debt
LifeScan Global Corp., a company that makes blood glucose monitoring devices, has filed for Chapter 11 protection in Texas bankruptcy court with $1.7 billion of debt and a plan supported by its private equity backer to trim more than 75% of debt by handing the business to existing lenders.
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July 16, 2025
WilmerHale Can't Stay As Verizon's Attys In Texas Patent Trial
A federal judge in Texas has sided with a magistrate judge who found that a pair of WilmerHale lawyers representing Verizon in a dispute with Headwater Research LLC should be disqualified because the firm previously represented the owner of the patents at issue.
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July 15, 2025
Jackson Walker, US Trustee Tell Court 'There's No Deal'
Jackson Walker LLP and the federal government's bankruptcy watchdog told a Texas federal judge Tuesday that they have not reached an agreement to resolve a fee dispute stemming from a former bankruptcy judge's previously undisclosed romantic relationship with a onetime partner of the firm.
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July 15, 2025
Biz Groups Urge 5th Circ. To Reverse BP's Pension Suit Loss
Multiple business groups filed amici briefs with the Fifth Circuit asking the court to do away with a judgment in favor of 7,000 BP retirees who alleged that the oil giant underpaid their retirement benefits, saying the lower court's decision conflicts with "black letter law."
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July 15, 2025
Texas Cities Cite Gov't Immunity In Farmers' PFAS Suit
Governmental entities led by Fort Worth submitted a brief to a Texas federal court Tuesday supporting their immunity in managing wastewater operations in connection with a proposed class action from farmers who claim their lands were contaminated by toxic chemicals.
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July 15, 2025
City Worker Says She Was Axed For Trying To Tax Energy Co.
A former employee of a Texas Gulf Coast city has told a court Monday that she was fired after suggesting that the city council vote to increase taxes on land owned by Freeport LNG.
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July 15, 2025
Gambling Biz Gets $8.5M In First-Day Ch. 11 Financing
A company that runs casinos and other gambling venues in three states received a Texas bankruptcy judge's permission Tuesday to make an initial draw of $8.5 million from a Chapter 11 financing package its existing secured lenders provided.
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July 15, 2025
Texas Gambler Took $9M From Would-Be Investors, SEC Says
A Texas man faces U.S. Securities and Exchange Commission allegations he defrauded investors out of $9 million, holding himself out as an experienced trader seeking to help the Hispanic community when, in fact, he was spending his victims' money on himself, on Ponzi payments and to help his ex-girlfriend's family purchase real estate.
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July 15, 2025
5th Circ. Says Media Matters Can Challenge X Suit Venue
The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.
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July 15, 2025
High Court Term Yields Gains For Criminal Defendants
The U.S. Supreme Court addressed several contentious issues this term, with the conservative majority prevailing in numerous high-profile cases. Yet, in a notable trend, the court also issued multiple rulings favorable to criminal defendants, including expanding prisoners' rights in civil lawsuits and reinforcing due process protections in capital cases.
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July 15, 2025
Property Co. Says Storm Coverage Row Can't Be Arbitrated
The owner of a New Orleans luxury apartment and retail complex urged the Fifth Circuit to affirm a lower court's decision to vacate a previous order forcing it to arbitrate its $7 million Hurricane Ida damage claims against a group of domestic insurers, saying Louisiana law applies and bars arbitration.
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July 15, 2025
5th Circ. Says Oilfield Specialists Are OT Exempt
Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.
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July 15, 2025
Willkie Adds PE Trio From Akin, A&O Shearman In Dallas
A trio of private equity transactional attorneys from Akin Gump Strauss Hauer & Feld LLP and Allen Overy Shearman Sterling have made the move to Willkie Farr & Gallagher LLP in Dallas, the firm said Tuesday.
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July 15, 2025
Atty Suspended In Fla. After Conviction In Fatal Texas Crash
The Florida Supreme Court has suspended a Texas-based attorney who was also admitted to practice in the Sunshine State after he struck and killed two people while driving to a city council meeting in November 2021.
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July 15, 2025
Sunnova Seeks OK For $7M In Ch. 11 Sale Incentives To Execs
Bankrupt solar panel giant Sunnova has asked a Texas bankruptcy court for permission to pay up to $7 million in cash incentives to its top executives, contingent on securing higher sale proceeds than its stalking horse bids for certain assets.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.Â
Expert Analysis
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What's Next For Lab Test Regulation Without FDA Authority
A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.