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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.
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June 16, 2025
Delta, Endeavor Want Delay Or Transfer Of Toronto Crash Suit
Delta Air Lines Inc. and Endeavor Air Inc. are asking a Georgia federal court to either stay or transfer a man's suit over injuries suffered in the Delta Flight 4819 crash earlier this year in Toronto, saying the court should wait until the Judicial Panel on Multidistrict Litigation decides whether to move it and similar suits to an MDL.
Expert Analysis
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.