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July 17, 2025
FCC Asks 5th Circ. To Reinstate $57M AT&T Data Privacy Fine
The Federal Communications Commission is asking for the full Fifth Circuit to take up an April panel decision finding the commission's in-house adjudications unconstitutional, arguing that a recent U.S. Supreme Court decision "effectively abrogated" the precedent that the panel ruling for AT&T was partly predicated on.
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July 17, 2025
Texas AG Sues Nat'l Org. Over Trans Swimmer Participation
Texas Attorney General Ken Paxton has filed a state lawsuit against U.S. Masters Swimming Inc. and its state chapters, accusing the entity of violating Texas law by allowing transgender women to compete with cisgender women in swim meets.
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July 17, 2025
Steward Health Says Ex-Execs Oversaw Fraudulent Transfers
Insolvent hospital operator Steward Health has sued former leaders of the business — including a surgeon who stepped down as CEO last year — in connection to its Chapter 11, alleging they executed a series of transactions that plundered the company's coffers when it was financially troubled.
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July 17, 2025
Nursing Home Suit Is Med Mal, Tossed For Lack Of Expert
A Texas appellate court on Thursday dismissed a man's suit against a nursing home claiming its negligence led to his mother's death after she fell and hit her head, finding his suit is a medical malpractice claim, so he needed an expert report to support his allegations.
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July 17, 2025
Greyhound Murder Victim's Family Blames Security Shortfalls
The family of an Indiana man who was fatally stabbed aboard a Greyhound bus traveling from Pittsburgh to Washington, D.C., in 2023 has filed a lawsuit in Pennsylvania state court, claiming the bus company lacked security screening that might have prevented the attack.
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July 17, 2025
5th Circ. Won't Reinstate Fired Officer's Age Bias Fight
The Fifth Circuit refused to reopen a former deputy constable's lawsuit alleging that a Texas county fired him because he was a middle-aged man, ruling Thursday that it found no reason to disturb a lower court's dismissal of the case.
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July 17, 2025
Insurer Says Pollution Exclusion Applies To Asbestos Suits
A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies.
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July 17, 2025
Houston Texans Say No Thought Behind Ticket Holders' Suit
A group of longtime Houston Texans season ticket holders told a judge Thursday that they were "blackballed" with increased prices after 20 years of loyalty, while the team countered that their antitrust claims "do not have a lot of thought."
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July 17, 2025
Albright Clears Cisco In $121M Network Patent Case
Western District of Texas Judge Alan Albright has finalized his decisions clearing Cisco in a suit alleging it owed $121 million for infringing Corrigent Corp. communications network patents, memorializing earlier orders that Cisco didn't infringe some patents and that others were invalid.
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July 17, 2025
Bradley Arant Brings On Polsinelli Corporate Ace In Dallas
Bradley Arant Boult Cummings LLP announced Thursday that it has hired a corporate partner from Polsinelli, who previously chaired the China practice at Kane Russell Coleman Logan PC, to enhance its corporate, securities and commercial real estate services.
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July 17, 2025
Oil Cos. Not Covered In Gas Exposure Suit, Markel Unit Says
A Markel unit has no duty to defend or indemnify oil and gas companies in a suit over a worker's exposure to toxic hydrogen sulfide gas, it told a Texas federal court, saying the underlying suit did not allege an occurrence.
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July 17, 2025
US Trustee Says Constitution Bars Jackson Walker Jury Trial
The federal government's bankruptcy watchdog told a Texas federal judge that under the Seventh Amendment, Jackson Walker LLP isn't entitled to a jury trial in its fee dispute stemming from a former bankruptcy judge's secret relationship with a onetime partner.
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July 17, 2025
5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions
The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.
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July 17, 2025
Pyrophyte's 2nd SPAC Raises $175M To Target Energy Biz
Special purpose acquisition company Pyrophyte Acquisition Corp. II began trading on the public markets on Thursday after raising $175 million in its initial public offering.
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July 16, 2025
Dallas Beats Suit By Motorist Hit By Police Car
Sovereign immunity shields municipalities in instances where their police officers run red lights with their warning sirens off during emergency calls, according to a Texas appeals court, which ruled against a motorist who was hit by a Dallas police patrol vehicle.
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July 16, 2025
PR Consultant Wins Exit From Lively's 'It Ends With Us' Suit
A New York federal judge Wednesday dismissed a public relations consultant and his company from actress Blake Lively's lawsuit that accuses her "It Ends With Us" co-star and director, Justin Baldoni, of sexual harassment on set and trying to orchestrate a public relations campaign to "destroy" her reputation.
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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.
Expert Analysis
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.