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June 17, 2025
5th Circ. Won't Resurrect NLRB Captive Audience Memo Suit
The Fifth Circuit on Tuesday refused to revive a suit over a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, ruling the staffing companies challenging the memo don't have standing to bring their suit.
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
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June 17, 2025
5th Circ. Finds $37M For PPE Delivery Problems Went Too Far
The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.
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June 17, 2025
Investors Say Exxon Trial Should Remain On Schedule
A class of investors has told a Texas federal judge that Exxon Mobil has no basis to ask the court to stall a November trial for a suit accusing the oil giant of misleading investors, saying Exxon didn't point out any factors that would merit a delay.
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June 17, 2025
AT&T Beats Investor Suit Over Lead-Lined Cables, For Now
A Texas federal judge has tossed a securities class action against AT&T and several of its executives alleging they misled investors about removing lead-covered copper cables from the company's network, finding that the plaintiffs have failed to meet the heightened pleading bar for securities fraud.
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June 17, 2025
Texas AG Seeks Execution In Shaken Baby Syndrome Case
The Texas attorney general's office has asked a state court to set an execution date for a man convicted based on a diagnosis of shaken baby syndrome, despite his case pending on appeal before the state's highest criminal court.
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June 17, 2025
Ex-Stone Hilton Employee Adds Sexual Harassment Claim
A onetime executive assistant has expanded a federal lawsuit against her ex-employer Stone Hilton PLLC — founded by former top prosecutors in the Texas attorney general's office — to include a sexual harassment claim after the Texas Workforce Commission found there is reasonable cause.
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June 17, 2025
Feds Waive Laws Again To Expedite Border Wall Construction
Homeland Security Secretary Kristi Noem revealed on Tuesday that she is once again waiving a number of environmental and historical preservation laws to facilitate border wall construction, this time in Texas.
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June 17, 2025
Hooters Can Seek Ch. 11 Plan Votes Following Creditor Deal
A Texas bankruptcy judge determined Tuesday that Hooters of America may solicit votes on its Chapter 11 plan after the troubled casual dining chain reached an agreement with its unsecured creditors committee, overruling objections lodged by the U.S. Trustee's Office.
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June 17, 2025
Blank Rome Adds Litigation Duo In Dallas From Regional Firm
Blank Rome LLP has bulked up its business litigation group and financial services industry team with a pair of attorneys in Dallas who came aboard from regional Texas firm Johnston Clem Gifford PLLC.
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June 16, 2025
Hewlett Packard Strikes Deal To End EDTX Patent Case
Hewlett Packard Enterprise Co. struck a deal to resolve Canadian software company VirtaMove Corp.'s lawsuit accusing it of infringing two patents, as well as its own counterclaims against VirtaMove, the companies told a Texas federal judge Monday.
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June 16, 2025
DOJ Won't Charge PE Firm That Acquired Sanctions Violator
The U.S. Department of Justice has decided not to go after private equity firm White Deer Management LLC after it discovered and voluntarily disclosed that Unicat's former leadership had violated economic sanctions and export laws, according to an announcement made Monday.
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June 16, 2025
Texas Panel Says NY Law Applies In Tornado Coverage Row
An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took place in New York.
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June 16, 2025
Faulty Gilstrap Instructions Sink $300M Apple Patent Verdict
The Federal Circuit on Monday vacated a $300 million patent infringement jury verdict against Apple, saying the technology company's right to a unanimous verdict was violated by an Eastern District of Texas judge's instructions that lumped all asserted patents into one bulk infringement question.
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June 16, 2025
Dems Push DHS To Restart DACA Applications Nationwide
U.S. Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, and 40 other Senate Democrats are looking to ensure the Trump administration is following a Fifth Circuit decision that limited a block on the Deferred Action for Childhood Arrivals program solely to Texas.
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June 16, 2025
Texas Justices Say Park Repairs Trump Native Religion Claims
A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Judge Orders DOJ To Address Cuellar's Grand Jury Request
A Houston judge has given prosecutors until the end of the month to address whether they should provide U.S. Rep. Henry Cuellar with certain grand jury materials connected to his bribery case.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 16, 2025
Norton Rose Fulbright Says It Was Duped By Legal Tech Co.
Norton Rose Fulbright US LLP has accused the company behind a cloud-based legal workflow product of duping it into using its services and keeping client files without permission once their contract expired.
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June 16, 2025
Former DOJ Worker's Disability Bias Suit Trimmed In Texas
A Texas federal judge has cut out several claims, including those alleging a hostile work environment, from a former Department of Justice human resources employee's lawsuit, leaving intact only claims for retaliation and disability discrimination relating to the termination of her employment.
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June 16, 2025
X Workers Say Musk Personally Liable In Severance Spat
Elon Musk should be held personally liable for workers' unpaid severance benefits claims, the former X Corp. employees told a Delaware federal court, saying he retained so much control over the social media company that the company alone cannot be at fault.
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June 16, 2025
Water Filter Co. Seeks Help Getting Clorox's Deleted Emails
A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.
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June 16, 2025
5th Circ. Won't Keep Dish Bias Case Out Of Arbitration
The Fifth Circuit reinstated a Hispanic former Dish Network employee's suit claiming he was forced out in favor of a younger, white worker, but said the case had to remain in arbitration because he hadn't shown an agreement he signed was invalid.
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June 16, 2025
Texas Bar Limits Attorney Nondisparagement Clauses
In a formal ethics opinion this month, the State Bar of Texas said nondisparagement clauses dealing with the practice of law cannot apply to lawyers licensed in the state, but attorneys could be subject to provisions involving their personal speech.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
IRS Should Revise Overbroad Microcaptive Regs
Rather than seeking to curtail use of congressionally sanctioned microcaptive insurance programs by imposing burdensome disclosure obligations, the Internal Revenue Service should revisit its recently finalized regulations and implement rules tailored to address areas of specific abuse, say attorneys at Zerbe Miller.