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May 23, 2025
IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited
In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.
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May 23, 2025
Dallas Jury Enters $9.4M Verdict Against El Rancho Chain
A Dallas County jury said that a Texas trucking company is owed nearly $10 million from the El Rancho Supermercado grocery chain and its shipping arm over contract breaches that occurred after the chain was acquired by a new company.
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May 23, 2025
Alex Jones Says $45.1M Sandy Hook Verdict Unconstitutional
Infowars host Alex Jones' newest attorneys have asked a Texas appeals court to overturn a $45.1 million defamation verdict awarded to Sandy Hook families, arguing the default judgment was unconstitutionally issued after limited discovery and that the award violates Texas law limiting punitive damages compared to actual harm.
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May 23, 2025
Texas Atty Still Disbarred For Failing To Report Client's Death
A Texas appeals court has upheld the disbarment of an attorney who was found by a jury to have engaged in professional misconduct, in part, by failing to report the death of a client he had represented in an attempt to recover the value of bounced checks.
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May 23, 2025
Taxation With Representation: Troutman, A&O Shearman
In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.
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May 23, 2025
Southwest Flight Attendant Fights To Revive Nixed Sanctions
A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.
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May 22, 2025
Fed. Circ. Ruling Will Spark More Patent Damages Fights
The full Federal Circuit's decision Wednesday ordering a new trial in a patent case against Google LLC and finding the plaintiff's damages expert unreliable is likely to lead to greater scrutiny of patent damages testimony and more attempts to get it thrown out, attorneys say.
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May 22, 2025
What's Next As DOJ Mulls Dropping Boeing Criminal Case
Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.
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May 22, 2025
'Circular Firing Squad' Is Stalling Romance Case, Judge Says
A Texas federal judge told Jackson Walker LLP and Kirkland & Ellis LLP that they were stuck in a "circular firing squad" in a debate over whether the former CEO of a defunct barge company could sue the firms over a former bankruptcy judge's secret romance with an attorney.
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May 22, 2025
Senators Unveil DNA Privacy Bill Amid 23andMe's Ch. 11 Sale
A bipartisan group of U.S. senators on Thursday introduced a bill designed to safeguard customers' genetic information in bankruptcy cases, saying 23andMe's plan to sell users' DNA data to a pharmaceutical company during its Chapter 11 raises new concerns surrounding consumer privacy.
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May 22, 2025
No COVID-19 Coverage For Hotel REIT, Texas Panel Affirms
A group of insurers has no obligation to cover an Austin, Texas-based real estate investment trust's pandemic-related losses, a state appellate court ruled Thursday, finding that a contamination exclusion in the REIT's policies unambiguously bars coverage.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
5th Circ. Denies Challenge To La. Oversight Of Carbon Wells
A Fifth Circuit panel said several environmental groups failed to show any imminent injuries stemming from a U.S. Environmental Protection Agency decision to approve Louisiana's plan to oversee carbon sequestration wells, and dismissed their challenge for lack of standing.
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May 22, 2025
US Trustee, Jackson Walker Might Mediate Fee Case
The U.S. Trustee's Office and Jackson Walker LLP told a Texas federal judge Thursday they are open to mediating the watchdog's bid to have the law firm forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime firm partner.
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May 22, 2025
Texas Lawmakers Clarify Exceptions To Abortion Ban
The Texas House of Representatives passed a bill on Thursday specifying that women experiencing life-threatening pregnancies don't have to suffer "any effects" before they can obtain an abortion.
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May 22, 2025
Simpson Thacher Lands White & Case Energy Pro In Houston
Simpson Thacher & Bartlett LLP has added an attorney in Houston who worked at White & Case LLP for more than a decade, to bolster its efforts to assist clients with project, energy and infrastructure financing and other banking matters.
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May 21, 2025
The Status Of Biden-Era Immigration Suits: A Roundup
Following the presidential transition, the U.S. Department of Justice moved to dismiss suits brought by the Biden administration challenging state immigration enforcement measures in Texas, Iowa and Oklahoma, leaving the status of those cases up in the air.
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May 21, 2025
Latham Leads Pair Of Venture-Backed IPOs Raising $624M
Artificial-intelligence powered physical therapy startup Hinge Health Inc. raised an estimated $437 million initial public offering at the top of its range Wednesday, leading two venture-backed IPOs that netted more than $624 million combined, both represented by Latham & Watkins LLP.
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May 21, 2025
Tesla Cites Nat'l Security In Bid To Keep PTAB Challenge Alive
Tesla Inc. has argued that "national security interests" support its Patent Trial and Appeal Board challenge to a digital camera patent that it's accused of infringing, urging the U.S. Patent and Trademark Office's acting director to reject the patent owner's bid to toss the challenge under new board procedures.
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May 21, 2025
Judge Mulls National Scope Of Bid To Restore COVID Grants
A Washington, D.C., federal judge Wednesday mulled whether it would be appropriate to issue a nationwide injunction blocking the termination of $11 billion public health grants set aside under COVID-era laws in a lawsuit brought by four local governments and a public sector union.
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May 21, 2025
Albright Sends Patent Suit Against Amazon To Calif.
A Texas federal judge transferred a software company's patent infringement suit against Amazon and two affiliates to California federal court on Wednesday.
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May 21, 2025
Texas Bills To Watch Before The End Of The 2025 Session
With less than two weeks remaining in the Texas legislative session, lawmakers will hit several deadlines in the coming days that will seal the fate of bills surrounding legal procedure, abortion, artificial intelligence and other topics.
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May 21, 2025
What To Know Before VLSI, Intel's Patent License Trial
Over the last several years, VLSI Technologies has racked up infringement awards in an expansive multibillion-dollar fight against Intel, but those could be rendered moot after a trial next week, when a Texas federal jury reviews a question central to determining whether Intel already has a license to VLSI's patents.
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May 21, 2025
Small Texas Communities Trying To Siphon Taxes, City Says
Two Texas state court judges issued court orders Wednesday barring two small municipalities from buying up apartment buildings in the city of Rowlett, Texas, thwarting what Rowlett described as an underhanded attempt to rob the city of property tax revenue.
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May 21, 2025
Full Fed. Circ. Undoes $20M Google Loss, Orders New Trial
The full Federal Circuit on Wednesday ordered a new damages trial in a case where a jury told Google LLC to pay $20 million for infringing an EcoFactor Inc. thermostat patent, ruling that the testimony of EcoFactor's damages expert was unreliable and should not have been admitted.
Expert Analysis
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.