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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'
A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."
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September 02, 2025
Apple Seeks Fees, Says Fintiv Tried To 'Avoid' Its Own IP Trial
Apple Inc. on Friday urged a Texas federal court to award it attorneys' fees for work dating back to June 2022, saying digital wallet payment processor Fintiv Inc. engaged in unreasonable litigation conduct by trying to delay a trial in Fintiv's lawsuit accusing Apple of infringing a mobile wallet patent.
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September 02, 2025
Auto Injection, Ypsomed Settle Insulin Pen Patent Dispute
Auto Injection Technologies LLC said Tuesday that it has settled its lawsuit in Texas federal court claiming Swiss drugmaker Ypsomed infringed a pair of drug delivery patents acquired from Sanofi-Aventis.
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September 02, 2025
Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes
In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims.Â
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
5th Circ. Says Firm Is Making 'Circular Problem' In Doc Dispute
A Fifth Circuit panel pushed back Tuesday on a law firm's assertion that it gets to keep documents associated with a $30 million settlement with Ocwen Financial Corp. even though those documents were allegedly used to breach the settlement agreement, saying they were making a circular argument.
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September 02, 2025
VLSI Wants Chance To Defend Patent At Stewart's PTAB
VLSI Technology LLC is asking the Federal Circuit for another chance to stop OpenSky Industries LLC from challenging its patent after being sanctioned, saying Tuesday that the inter partes review was only allowed based on guidance that has since been withdrawn.
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September 02, 2025
Chinese Tire-Maker Is Cut Loose From Wrongful Death Suit
A Texas appellate panel has dismissed claims against a Chinese tire manufacturer in a wrongful death suit alleging that a defective tire caused a fatal truck accident, saying the trial court was wrong to find that it had enough contacts with the state to support jurisdiction.
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September 02, 2025
FERC Faces 4th Circ. Heat Over Grid Policy Revamp
A coalition of utilities and Republican-led states have told the Fourth Circuit that the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy exceeds its authority, while consumer and clean energy advocates said that the agency didn't go far enough.
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September 02, 2025
FTC Defends Merger Filing Overhaul From Chamber's Attack
The Federal Trade Commission told a Texas federal court that enforcers followed the law when overhauling the premerger reporting requirements and said the U.S. Chamber of Commerce and other groups challenging the changes are just unhappy with the outcome.
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September 02, 2025
Plains Takes Majority Stake In EPIC Crude In $1.57B Deal
Plains All American Pipeline said Tuesday that a subsidiary has agreed to acquire a 55% non-operated stake in EPIC Crude Holdings LP, owner of the EPIC Crude Oil Pipeline, from subsidiaries of Diamondback Energy and Kinetik Holdings in a deal valued at about $1.57 billion, including roughly $600 million of debt.
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September 02, 2025
Texas Mall Settles $7.3M Hailstorm Coverage Dispute
A Texas shopping center owner told a federal court Tuesday that it has "amicably" settled its dispute with insurers for roughly $7.3 million in hail damage it incurred, roughly three months after it took them to court.
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September 02, 2025
Texas Powerhouse: Haynes Boone
Haynes Boone, an international law firm that got its start more than 50 years ago in Dallas, signed on recently as counsel to the new Texas stock exchange, represented Sabre Corp. in a $1.1 billion sale of its hospitality solutions business and obtained a complete trial court dismissal of a complex $1.3 billion subrogation action against Chiyoda International Corp.
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September 02, 2025
2 Attorneys Return To Weil From Latham, Norton Rose
Weil Gotshal & Manges LLP announced Tuesday that it has continued its boomerang hiring streak with the addition of two partners who began their legal careers at the firm, including another intellectual property lawyer from Latham & Watkins LLP.
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September 02, 2025
Dr. Phil's Media Co. Says It Has Reached Ch. 11 Funding Deal
Attorneys for Merit Street Media, the bankrupt broadcasting group co-founded by Dr. Phil, told a Texas bankruptcy judge Tuesday it reached deals to drum up additional Chapter 11 funding and create recoveries for unsecured creditors.
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September 02, 2025
Hunton Brings On Former Texas Assistant Solicitor General
Hunton Andrews Kurth LLP announced Tuesday that it has added a leader for its appellate practice in the Lone Star State, a former Texas assistant solicitor general who arrives from energy law firm Davis Gerald & Cremer PC.
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August 29, 2025
The 2025 Regional Powerhouses
Law360's annual list of regional powerhouses reflects not only the work of exemplary firms, but also emerging legal trends in each state, from matters involving Colorado's growing life sciences industry, to an uptick in bankruptcies in Delaware, to the continued flurry of intellectual property litigation in California.
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August 29, 2025
Federal Judge Blocks New Texas ESG Disclosure Law
A Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment.
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August 29, 2025
Retired Federal Judge Joins Lynn Pinker In Dallas
Lynn Pinker Hurst & Schwegmann LLP, a Dallas-based commercial litigation firm, is bringing on retired U.S. District Judge Barbara M.G. Lynn, the first female chief district court judge for the Northern District of Texas.
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August 29, 2025
Fortnite Maker Says Patent Claims Too Abstract For IP Suit
Epic Games Inc. urged a North Carolina federal judge to throw out a suit alleging that player-to-player messaging options in its popular Fortnite video game infringe patents held by a California company.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
DC Circ. Backs Biden Gulf Drilling Plan Amid Trump Revamp
The D.C. Circuit rejected environmental groups' bid to scale back the U.S. Department of the Interior's 2024-2029 offshore oil and gas leasing program, finding the plan satisfied all legal requirements.
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August 29, 2025
Norwegian Shipping Co. Pleads Guilty To Pollution Charge
Shipping company V.Ships Norway admitted to illegally dumping oil-contaminated waste in the Atlantic Ocean and was sentenced to pay a $2 million fine, according to the U.S. Department of Justice.
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August 29, 2025
Stewart Again Rebuffs Nat. Security In New Discretion Batch
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued only a handful of decisions on whether to discretionarily deny Patent Trial and Appeal Board petitions over the last week, and nearly all favored the challenger.
Expert Analysis
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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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.