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Texas

  • October 24, 2025

    Ex-Texas Solicitor General Appointed To State Supreme Court

    Texas Gov. Greg Abbott on Friday announced the appointment of Kyle Hawkins, leader of the appellate practice at Lehotsky Keller Cohn LLP and a former Texas solicitor general, to a seat on the Texas Supreme Court.

  • October 24, 2025

    Federal Circuit Backs PTAB's Ax Of Charging Patent

    The Federal Circuit on Friday refused to revive claims in a charging patent that Apple had challenged at the Patent Trial and Appeal Board, affirming the board's findings that the claims were invalid.

  • October 24, 2025

    Law Firm Cleared Of Min. Wage, OT Claims In Paralegal's Suit

    A former paralegal at a Texas personal injury law firm has not proved that she was not paid minimum wage and also failed to show the firm knew she worked overtime, a jury concluded after a three-day trial in her misclassification suit.

  • October 23, 2025

    Texas Dials Up Exposure With App Store, Telemarketing Laws

    A new Texas age verification law and sweeping revisions to the state's telemarketing statute are poised to saddle the broad universe of companies that support mobile apps and disseminate marketing texts with new obligations that will open them up to more lawsuits and other legal risks, unless opponents find success with fledgling constitutional challenges.

  • October 23, 2025

    Retailer To Pay $4.8M To End AGs' Membership Fee Claims

    An online retailer has reached a $4.8 million deal ending a multistate consumer protection probe asserting the company deceptively enrolled customers in paid membership programs, charged them high monthly fees, then tried to keep them from canceling their memberships.

  • October 23, 2025

    Texas Appeals Court OKs Challenge To $1M Default Judgment

    A Texas appeals court said Thursday that an energy company on the hook for a $1 million default judgment can have a second shot at seeking a new trial because it filed the request just before midnight on the date it was due, reversing a lower court decision that found the filing came too late.

  • October 23, 2025

    Split DC Circ. Won't Lift Block On FTC's Media Matters Probe

    A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.

  • October 23, 2025

    5th Circ. Vacates Lewis Brisbois' $1.5M Trademark Award

    The Fifth Circuit vacated a $1.5 million damages award Thursday that Lewis Brisbois Bisgaard & Smith LLP won against three attorneys who registered a business with the same name, saying the Texas federal judge who granted the award had not explained his reasoning under the relevant statutes.

  • October 23, 2025

    Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute

    Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.

  • October 23, 2025

    Freshly Launched Legal Org. Plans To Protect Abortion Docs

    A new legal group launched this week aims to support telehealth doctors providing abortion pills and reproductive care, and to further strengthen shield laws protecting those providers from out-of-state prosecutions. 

  • October 23, 2025

    Genesis Judge Blocks HHS Bid To End Nursing Home Benefits

    A Texas bankruptcy judge on Thursday blocked a bid by the U.S. Department of Health and Human Services' Centers for Medicare and Medicaid Services to cut off payments for one of Genesis Healthcare's skilled nursing facilities in Alabama, entering a preliminary injunction in the Chapter 11 adversary proceeding.

  • October 23, 2025

    Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug

    Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.

  • October 23, 2025

    5th Circ. Revives Religious Bias Suit Over DOD Vaccine Policy

    The Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit.

  • October 22, 2025

    5th Circ. Judge Oldham Repudiates 'Holy Rule' For Precedents

    The Fifth Circuit's bedrock principle of strictly following even the most "extreme outlier judgments" of circuit panels is "deeply inconsistent with the federal judicial function," U.S. Circuit Judge Andrew S. Oldham said Wednesday night at a high-profile Heritage Foundation event.

  • October 22, 2025

    Colgate-Palmolive Can't Yet Ditch Soap Contamination Suit

    A New York federal judge on Wednesday refused to throw out a Texas woman's suit alleging she developed a wound infection from contaminated multi-purpose cleaner made by Colgate-Palmotive Co., finding that the allegations are adequate for this stage in the litigation.

  • October 22, 2025

    Tesla Claims Texas Charter Trumps Sweeping Claims In Del.

    Attorneys for Tesla, its principals and Elon Musk told Delaware's chancellor on Tuesday that the company's widely trumpeted corporate charter move from Delaware to Texas should doom a Court of Chancery consolidated stockholder suit challenging a string of actions by the company and Musk.

  • October 22, 2025

    Gilstrap, Albright Flouting Venue Law, Fed. Circ. Told

    The Federal Circuit is being asked to step in and decide if two well-known Texas federal judges, U.S. District Judges Rodney Gilstrap and Alan Albright, have been flouting patent venue law by refusing to transfer out infringement cases if any step of the patented method was performed in their section of the Lone Star State.

  • October 22, 2025

    Texas Book Rating Law Struck Down As Unconstitutional

    A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.

  • October 22, 2025

    Airline Groups Ask 5th Circ. To Ground In-Flight Death Suit

    Airline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response.

  • October 22, 2025

    Kroll Wants FTX Hack Suit Tossed, Arbitrated Or Moved

    Bankruptcy claims agent Kroll Restructuring Administration LLC has asked a Texas federal judge to transfer or sink a proposed class action over a data breach that affected creditors of FTX Trading Ltd., BlockFi Inc. and Genesis Global Holdco LLC, pointing to alleged standing issues and an online arbitration agreement.

  • October 22, 2025

    Texas Appeals Court Wipes $64M Judgment For Dallas Lender

    A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.

  • October 22, 2025

    Toyota Gets PTAB To Ax Some Car User Profile Patent Claims

    The Patent Trial and Appeal Board has invalidated some claims in a vehicle user identification patent while letting others stand in a challenge brought by Toyota Motor Corp., which has been the target of an infringement case in the Eastern District of Texas.

  • October 22, 2025

    Kirkland Partner, Ex-Sen. Cornyn Counsel Tapped For US Atty

    A Dallas-based Kirkland & Ellis LLP litigation partner who previously served as U.S. Sen. John Cornyn's chief counsel has been nominated as U.S. attorney for the Northern District of Texas.

  • October 22, 2025

    X Defends Antitrust Case Over Apple's Deal With OpenAI

    Elon Musk's social media platform X and its artificial intelligence arm defended their antitrust case targeting a deal that integrated ChatGPT into iPhones, telling a Texas federal court that Apple and OpenAI are trying to preserve their respective monopolies.

  • October 22, 2025

    Subprime Auto Lender PrimaLend Hits Ch. 11 Seeking Sale

    Subprime auto loan company PrimaLend Capital Partners LP filed for Chapter 11 in Texas bankruptcy court Wednesday, listing more than $100 million in debt and saying that it is pursuing a value-maximizing sale transaction.

Expert Analysis

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    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.

  • Compliance Changes On Deck For Banks Under Texas AI Law

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    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.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    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.

  • AI Infrastructure Growth Brings Unique IP Considerations

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    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.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    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.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    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.

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

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    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.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    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.

  • How Property Insurers Serve As Climate Change Harbingers

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    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.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    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.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    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.

  • Opinion

    Prosecutors' Duty To Justice Sometimes Demands Mea Culpa

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    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.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    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.

  • Litigation Inspiration: How To Respond After A Loss

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    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.

  • DOJ Crypto Enforcement Is Shifting To Target Willfulness

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    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.

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