An attorney for a Catholic nonprofit accused by Texas Attorney General Ken Paxton of smuggling or harboring migrants told an El Paso judge Monday that Paxton shouldn't be able to use an "ancient" legal procedure in his attempt to shut it down.
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TUESDAY, JUNE 18, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

'No Religious Freedom In Texas' If El Paso Org. Shut Down

By Catherine Marfin

An attorney for a Catholic nonprofit accused by Texas Attorney General Ken Paxton of smuggling or harboring migrants told an El Paso judge Monday that Paxton shouldn't be able to use an "ancient" legal procedure in his attempt to shut it down.

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Texas Bar Proposes Limits On Services From In-House Attys

By Lynn LaRowe

The State Bar of Texas said in-house lawyers working for companies owned by nonattorneys are barred from providing legal services to the businesses' customers unless the work meets specific criteria because otherwise, the companies run afoul of rules forbidding the unauthorized practice of law, according to a proposed ethics opinion.

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Texas High Court Restores Fossil Win Over Harassment Suit

By Patrick Hoff

The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

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Google Says Texas Took Opposing Positions On Key Law

By Matthew Perlman

Google told a Texas federal court the state attorney general's office made arguments in the case accusing the tech giant of monopolizing display advertising technology that directly contradict arguments the state is making in a case challenging the Pregnant Workers Fairness Act.

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Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit

By Bonnie Eslinger

Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.

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Exxon Investor Deal Ends Suit Over Emissions Proposal

By Spencer Brewer and Lauren Berg

Activist investor Arjuna Capital has escaped Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement after a Texas federal judge on Monday accepted the investor's promises not to resubmit the proposal.

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Mifepristone Ruling Means End Of Texas DACA Suit, Feds Say

By Catherine Marfin

A Texas-led coalition of states doesn't have standing to challenge the Deferred Action for Childhood Arrivals program after the U.S. Supreme Court's blockbuster decision rejecting a challenge to the abortion drug mifepristone, the Biden administration told the Fifth Circuit on Monday.

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ENFORCEMENT

CFTC Fines Trafigura $55M In Novel Whistleblower Action

By Jessica Corso

The U.S. Commodity Futures Trading Commission announced a first-of-its-kind settlement Monday with Trafigura Trading LLC, which agreed to pay a $55 million penalty over allegations that it manipulated oil derivatives prices while discouraging employees from reporting potentially illegal activity.

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LITIGATION

Discover Unit Settles Visa Card Transfers Antitrust Suit

By Bryan Koenig

Pulse Network LLC gave notice Friday that it has settled its antitrust suit accusing Visa of locking banks and merchants into its debit network, resolving decade-old litigation two years after the Fifth Circuit revived the suit and ordered its reassignment away from a judge harboring "ingrained skepticism."

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SEC Alleges Texas Man Offered Virgin Sham $200M 'Lifeline'

By Gina Kim

Securities regulators sued a venture capitalist and his investment firm in Texas federal court Monday, accusing the firm of making a bogus offer to invest $200 million into Virgin Orbit last year despite having less than $1 in its bank account and causing stock prices to swell before plummeting when the deal collapsed.

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DOL Says Insurers Can't Block ERISA Retirement Advice Regs

By Kellie Mejdrich

The U.S. Department of Labor urged a Texas federal court to reject a group of insurers' bid to halt the implementation of recently finalized regulations expanding which types of retirement investment advice fall under the purview of federal benefits law, arguing the challengers' request wasn't justified.

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Ginnie Mae, HUD Want Bank's Loan Lien Suit Sent To Dallas

By Isaac Monterose

The U.S. Department of Housing and Urban Development and Ginnie Mae pushed for the transfer of Texas Capital Bank's suit in Texas federal court over a vacated loan lien, arguing that the bank is contractually required to file its suit in a different division within the same district.

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FIFTH CIRCUIT

Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules

By Caroline Simson

The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.

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Toss Universal Service Fund Challenge, FCC Urges 5th Circ.

By Christopher Cole

The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.

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INTELLECTUAL PROPERTY

Microsoft Renews Sanctions Bid Against Texas IP Law Firm

By Bonnie Eslinger

Microsoft asked a Texas federal court Friday to order Ramey LLP to pay its $100,000 attorneys' fees tab for "vexatiously" pursuing infringement litigation against it, even when the patent plaintiffs firm's now-former client CTD Networks LLC called for it to end.

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PEOPLE

Foley Adds 3 Texas Attys From Jackson Walker, Jones Walker

By Adrian Cruz

Foley & Lardner LLP announced Monday that it hired three Texas attorneys including a pair of media and entertainment partners from Jackson Walker LLP.

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Dykema Adds Texas Insurance Trio From Chasnoff Valkenaar

By Adrian Cruz

Dykema Gossett PLLC announced that it has hired three Texas-based insurance attorneys from Chasnoff Valkenaar & Stribling LLP in some of the state's biggest markets.

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EXPERT ANALYSIS

Next Steps After 5th Circ. Nixes Private Fund Adviser Rules

The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.

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Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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LEGAL INDUSTRY

Q&A

Lambda Legal Calls For More LGBTQ+ Judges

By Courtney Bublé

President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.

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Justices To Hear Nvidia Case On Securities Pleading Standard

By Jessica Corso

The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.

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High Court Will Mull Proof Needed For Wage-Hour Carveout

By Jon Steingart

The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

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Milbank Snags FTC Competition Trial Chief For DC Office

By Lauren Berg

Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.

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Columbia Law Adds UChicago Vice Provost As 1st Black Dean

By Tracey Read

A former deputy dean at the University of Chicago Law School will take over as dean of Columbia Law School on Aug. 1, Columbia University President Minouche Shafik announced Monday.

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NYC Bar Blasts Judges' Columbia Boycott Letter

By Sue Reisinger

The New York City Bar Association on Monday questioned the impartiality of 13 federal judges who issued a letter last month publicly refusing to hire students from Columbia Law School as clerks because of campus political protests over the Israel-Hamas war.

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Attys Accused Of Judge Shopping Must Turn Over Q&A Doc

By Emily Sawicki

Attorneys accused of a coordinated effort to "judge shop" amid federal suits challenging an Alabama law banning certain medical procedures for transgender youth must supply a document the court believes displays the attorneys' preparations for a panel hearing in which one of the attorneys allegedly committed perjury.

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NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

By Andrew Karpan

A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

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NJ Power Broker, Firm CEO Brother Accused Of Racketeering

By George Woolston

Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.

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Clients Say McGrath Kavinoky 'Bullied' Them Into Abuse Deal

By Jack Karp

California firm McGrath Kavinoky LLP, which inked more than $374 million in settlements for women who say they were sexually abused by a UCLA Health gynecologist, misled its clients and "bullied" them into accepting far smaller amounts than they were promised, according to a lawsuit in state court by two ex-clients.

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Man In Murder-For-Hire Plot To Kill Atty Gets Extradited To NY

By Gina Kim

An Indian national indicted in connection with a murder-for-hire plot to assassinate an attorney connected to a Punjab political revolution has been extradited to the Southern District of New York and made his initial appearance in federal court Monday, during which he pled not guilty to the criminal charges against him.

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McConnell Denounces Judicial Nominee For District Of Ore.

By Courtney Bublé

Senate Minority Leader Mitch McConnell, R-Ky., took to the Senate floor on Monday to criticize Magistrate Judge Mustafa Taher Kasubhai, a nominee for a district court judgeship in the District of Oregon whose confirmation vote is teed up for Tuesday. 

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Brief

Biden: High Court 'Never Been As Out Of Kilter'

By Courtney Bublé

President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."

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Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

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LAW FIRMS IN TODAY'S NEWS

Akin Gump

Arnold & Porter

Badham & Buck

Bainbridge Mims

Beck Redden

Bernstein Litowitz

Boyden Gray

Brown & Connery

Cantey Hanger

Chasnoff Valkenaar

Cooley LLP

Cooper & Kirk

Copeland Franco

Cravath Swaine

Critchley Kinum

Day Pitney

Debevoise & Plimpton

Degan Blanchard

Dominick Feld

Dykema Gossett

Farella Braun

Figari & Davenport

Fish & Richardson

Foley & Lardner

Foley Hoag

Freshfields

Gibson Dunn

Gillam Smith

Hitchcock Law Firm PLLC

Hogan Lovells

J. Alexander Law

Jackson Walker LLP

Jenner & Block

Jones Day

Jones Walker

Joseph Hage Aaronson

Keller Postman

Kessler Topaz

King & Spalding

Kirkland & Ellis

Lanier Law Firm

Lightfoot Franklin

Lovins Trosclair

Manly Stewart

Marino Tortorella

McCarter & English

Melehy & Associates

Milbank LLP

Norton Rose

Ogletree Deakins

Pandit Law

Parker McCay

Poole Huffman

Quinn Emanuel

Ramey LLP

Ropes & Gray

Shook Hardy

Stein Sperling

Stinson LLP

Weil Gotshal

White & Case

Whitestone Law

Williams & Connolly

Yetter Coleman

COMPANIES IN TODAY'S NEWS

AXA XL Ltd.

Activision Blizzard Inc.

Albertsons Cos. Inc.

Alliance Defending Freedom

American Bar Association

American Civil Liberties Union

American Council of Life Insurers

American Home Assurance Co.

Atlantic Marine Construction Company Inc.

Chegg Inc.

Citizens for Responsibility & Ethics in Washington

Conner Strong & Buckelew

Cott Corporation

Creative Artists Agency LLC

De Novo

Delaware State Bar Association

Discover Financial Services Inc.

Exxon Mobil Corp.

Fossil Group Inc.

Gay & Lesbian Advocates & Defenders

Google LLC

HDI Global Specialty SE

Instagram Inc.

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Matthews International Corp.

McDonald's Corp.

Mexican American Legal Defense & Educational Fund

Microsoft Corp.

NVIDIA Corp.

National Center for Lesbian Rights

New York City Bar Association

Oregon State Bar

Orlando Magic

Public Citizen Inc.

Retrophin Inc.

Sales Inc.

SoftBank Group Corp.

Southern Poverty Law Center Inc.

State Bar of Texas

Tesla Inc.

Texas Capital Bancshares Inc.

Texas RioGrande Legal Aid Inc.

The AES Corp.

The American Law Institute

The Kroger Co.

The Michaels Organization

Therapeutics Inc.

Trafigura Group Pte. Ltd.

Twitter Inc.

U.S. Chamber of Commerce

UCLA Health System

Virgin Galactic Holdings Inc.

Virgin Orbit LLC

Visa Inc.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Washington Legal Foundation

Yale University

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

California Civil Rights Department

California Public Employees' Retirement System

Commodity Futures Trading Commission

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Communications Commission

Federal Housing Administration

Federal Trade Commission

Food and Drug Administration

Los Angeles Superior Court

New Jersey Attorney General's Office

Texas Attorney General's Office

Texas Judicial Branch

Texas Supreme Court

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Department of Homeland Security

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court