=09

The Fifth Circuit has revived a Texas hotel group's trade secrets suit ag= ainst two former employees, overturning a lower court's ruling that Armadil= lo Hotel Group LLC split claims between federal and state court after findi= ng that there wasn't enough information provided to prove claim splitting.

Construction

TUESDAY,= OCTOBER 24, 2023

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How would you describe your law firm=E2=80=99s culture?

Click here to take our survey.&nb= sp;

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TOP NEWS

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5th Circ. Says Hotel Chain's Trade Secret= Suit Can Advance

=09

By Kelly Lienhard

The Fifth Circuit has revived a Te= xas hotel group's trade secrets suit against two former employees, overturn= ing a lower court's ruling that Armadillo Hotel Group LLC split claims betw= een federal and state court after finding that there wasn't enough informat= ion provided to prove claim splitting.

=20 Decision attached |=20 Read full article » | Save to favorites »

=20

Mich. Justices Take Up Norfolk Southern's= Spat With Fiber Co.

=09

By Carolyn Muyskens

Michigan's highest court will cons= ider whether a utility company can bore underneath train tracks without the= railroad's permission, answering Norfolk Southern's call to review a decis= ion the company said threatens public safety.

=20 2 documents attached |=20 Read full article » | Save to favorites »

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Texas Grid Law Is Unconstitutional, SG Te= lls Justices

=09

By Keith Goldberg

The U.S. solicitor general's offic= e told the U.S. Supreme Court on Monday that the Fifth Circuit got it right= when it concluded that a Texas law giving incumbent transmission companies= the first chance to build new power lines is unconstitutional.

=20 Brief attached |=20 Read full article » | Save to favorites »


=

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Brooklyn Atty Says Faegre Drinker Can't P= in Claims On Him

=09

By Emily Sawicki

A Brooklyn attorney is trying to d= uck a third-party suit launched by Faegre Drinker Biddle & Reath LLP th= at would spread the blame for alleged legal malpractice onto him amid accus= ations in New Jersey state court that the firm was negligent in its represe= ntation of a real estate investor.

=20 Brief attached |=20 Read full article » | Save to favorites »

POLICY & REGULATION

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Fed. Circ. Backs Feds' No-Subsidies Findi= ng In Steel Row

=09

By Alyssa Aquino

The Federal Circuit on Monday uphe= ld the U.S. Department of Commerce's determination that Seoul wasn't subsid= izing a steel company's electricity costs, blessing Commerce's refusal to i= nclude cheap electricity in South Korean steel tariffs after a six-year leg= al battle.

=20 Decision attached |=20 Read full article » | Save to favorites »

=20

Industry Groups Lose Bid To Fight Water R= ule In ND Court

=09

By Tom Lotshaw

The American Farm Bureau Federatio= n, American Petroleum Institute and a dozen other industry groups can't joi= n litigation by a slew of states challenging the Biden administration's Cle= an Water Act rule in North Dakota, having already initiated nearly identica= l litigation in Texas, a North Dakota federal judge said Monday.

=20 Order attached |=20 Read full article » | Save to favorites »

LITIGATION

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2nd Circ. Urged To Rethink Insurer's Duty= To Defend Suit Win

=09

By Emily Enfinger

A law firm has asked the Second Ci= rcuit to reconsider a panel's ruling that an action brought against an atto= rney's construction consulting company did not trigger a professional liabi= lity policy, saying the panel's decision guts an insurer's duty to defend.

=20 Petition attached |=20 Read full article » | Save to favorites »

=20

Calif. AG Can Weigh In On Tribe's Hotel L= and Dispute

=09

By Joyce Hanson

California's attorney general has = won his bid to file an amicus brief favoring a tribe's lawsuit challenging = the city of Clearlake's plans to build an airport hotel, arguing that the s= tate's environmental act requires meaningful tribal consultation to aid in = the protection of cultural resources.

=20 Brief attached |=20 Read full article » | Save to favorites »

=20

Ga. City Countersuit Pins Flooding Blame = On Paving Co.

=09

By Tom Lotshaw

A northern Georgia city has lobbed= counterclaims against an asphalt paving company suing it over extensive fl= ooding from a water line break, claiming the company's own careless work an= d negligence contributed to a landslide that damaged the infrastructure.

=20 Response attached |=20 Read full article » | Save to favorites »

=20

Va. Homeowners Too Late To Stop Pipeline,= Developer Says

=09

By Faith Williams

A group of Virginia homeowners' bi= d to halt the construction of a 300-mile pipeline is an "extraordinary, thi= rteenth hour" request, the company overseeing the project recently told the= D.C. Circuit, considering it will be completed in the coming months.

=20 Response attached |=20 Read full article » | Save to favorites »

EXPERT ANALYSIS

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Calif. GHG Disclosure Law Will Affect Co= mpanies Worldwide

=09 =09

California's Climate Corporate Dat= a Accountability Act, which will require comprehensive greenhouse gas emiss= ions disclosures from large companies operating in the state, will mean com= pliance challenges for a wide range of industries, nationally and globally,= as the law's requirements will ultimately trickle out and down, say attorn= eys at Brownstein Hyatt.

Read full article » | Save to favorites »

=20

Mass. Bill May Alter Deals Involving Bot= h Goods And Services

=09 =09

Massachusetts' proposed H.B. 1112 = would adopt several model Uniform Commercial Code amendments, including a n= ew rule for hybrid transactions that could affect risk assessments made by = lenders in determining whether to make loans that involve materials and equ= ipment, especially in the context of construction projects, say attorneys a= t Barclay Damon.

Read full article » | Save to favorites »

Series

The Pop Culture Docket: Judge Espinosa O= n 'Lincoln Lawyer'

=09 =09

The murder trials in Netflix’= ;s “The Lincoln Lawyer” illustrate the stark contrast between t= he ethical high ground that fosters and maintains the criminal justice syst= em's integrity, and the ethical abyss that can undermine it, with an import= ant reminder for all legal practitioners, say Judge Adam Espinosa and Andre= w Howard at the Colorado 2nd Judicial District Court.

Read full article » | Save to favorites »

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LEGAL INDUSTRY

Analysis

Is Net Neutrality A Major Question For Co= ngress To Decide?

=09

By Hannah Albarazi

The Federal Communications Commiss= ion's bid to restore federal net neutrality rules may be complicated by a r= ecent U.S. Supreme Court decision embracing the so-called major questions d= octrine, which according to some legal experts means the justices will insi= st that it's Congress' job to decide how broadband internet service should = be regulated.

Read full article » | Save to favorites »

=20

LIV Golf Names A Former MSG Top Lawyer As= COO

=09

By Aaron West

LIV Golf on Monday named Lawrence = Burian, a former executive vice president and longtime top lawyer for Madis= on Square Garden Sports Corp., to the chief operating officer position at t= he Saudi-backed golf league, months after it announced a major deal to merg= e with rival PGA Tour.

Read full article » | Save to favorites »

=20

Epstein Victim Attys Get $22.5M In Deutsc= he Bank Deal

=09

By Katherine Smith

The attorneys for victims of Jeffr= ey Epstein will receive $22.5 million in fees for their work securing a $75= million settlement with Deutsche Bank to resolve claims it kept Epstein as= a client despite its knowledge of his sex trafficking scheme, a New York f= ederal judge ruled Friday.

=20 Order attached |=20 Read full article » | Save to favorites »

Analysis

Chesebro Plea In Ga. Election Case Puts L= egal Career In Peril

=09

By Phillip Bantz

Former Donald Trump campaign attor= ney Kenneth Chesebro expects to continue practicing law after cutting a ple= a deal in the Georgia election interference case because state prosecutors = agreed that he did not commit a crime of "moral turpitude." But experts say= that acknowledgment doesn't guarantee he'll dodge possible bar disciplinar= y action.

Read full article » | Save to favorites »

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Eastman Says Jan. 6 Speech Based On 'Cred= ible' Evidence

=09

By Craig Clough

John Eastman on Monday d= efended a speech he gave before the U.S. Capitol riot, telling a judge= at his California disbarment trial that comments about a "secret fold= er" in voting machines tipping the 2020 election to President Joe Biden was= based on "credible" evidence he still thinks may be accurate.

Read full article » | Save to favorites »

=20

Suits Against Ex-Texas Bankruptcy Judge M= oved From District

=09

By Rick Archer

The Southern District of Texas has= agreed to refer pending lawsuits against former Southern District bankrupt= cy Judge David R. Jones — including the case that sparked the ethics = investigation against him — to a judge outside the district.

=20 Order attached |=20 Read full article » | Save to favorites »

=20

Texas Bar Proposes Legal Service Subscrip= tion Rules

=09

By Chart Riggall

The Texas Bar's Professional Ethic= s Committee has suggested a series of guidelines for the novel busines= s practice of law firms offering subscription-based legal services packages= , with a series of caveats as to how they'll be allowable under the state's= rules of professional conduct.

Read full article » | Save to favorites »

=20

Atty Tells Jury Pot Bribe Case Is FBI-Bac= ked 'Shakedown'

=09

By Brian Dowling

Prosecutors manufactured a pot-lic= ense bribery case against a Massachusetts lawyer by relying on an informant= who engaged in "a pattern of lies and deceit," the lawyer's defense team s= aid at the start of trial Monday.

Read full article » | Save to favorites »

=20

Ex-Arizona Supreme Court Justice Joins Ho= ltzman Vogel

=09

By Jack Rodgers

Holtzman Vogel Baran Torchinsky &a= mp; Josefiak PLLC has hired a former Arizona Supreme Court justice, who sat= on the state's highest court from 2016 to 2021, the firm announced Monday.

Read full article » | Save to favorites »

=20

OpenAI Fights Fees For Taking Defamation = Suit To Fed. Court

=09

By Tracey Read

OpenAI LLC has pushed back on radi= o personality Mark Walters' bid for attorney fees over the company's remova= l of its defamation suit to Georgia federal court.

=20 3 documents attached |=20 Read full article » | Save to favorites »

=20

Catching Up With Delaware's Chancery Cou= rt

=09

By Leslie A. Pappas

From chewing gum to Netflix, canna= bis to Caribbean jet-setting, Delaware Chancery Court litigation covered it= s share of vices last week. Not to mention proxy battles, insider trading a= llegations, share appraisal demands and lots of foot-dragging.

Read full article » | Save to favorites »

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COMPA= NIES IN TODAY'S NEWS

Aetna Inc.

Amazon.com Inc.

American Farm Bureau Federation<= /a>

American Petroleum Institute In= c.

American Road = & Transportation Builders Association

Apple Inc.

Associated General Con= tractors of America

Bumble Inc.

Cablevision Systems Corporation<= /a>

California Chamber of Commerce

Coinbase Global Inc.

Computer & Comm= unications Industry Association

D1 Capital Partners L.P.

Deutsche Bank AG

First Liberty Institute

Madison Square Garden E= ntertainment Corp.

McDermott International

Moelis & Co.

National Association of H= ome Builders

National Association of Realtor= s

National Mining Association

Netflix Inc.

NextEra Energy Inc.

Norfolk Southern Corp.

Nucor Corp.

Ocean Power Technologies Inc.

PGA TOUR Inc.

POSCO

Pacific Investment Manage= ment Co. LLC

RSUI Group Inc.

Skechers USA Inc.

Snap Inc.

State Bar of California

The American Law Institute

The Blackstone Group LP

Twitter Inc.

U.S. Chamber of Commerce

Upstart Holdings Inc.

World Resources Institute

YouTube Inc.


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LAW = FIRMS IN TODAY'S NEWS

Martin G. Weinberg Attorney at Law=

Mayer Brown

McAngus Goudelock

Miller Law Associates APC

Tillotson Johnson & Patton

GOVE= RNMENT AGENCIES IN TODAY'S NEWS

Arizona Department of Wat= er Resources

Arizona Supreme Court

California Air Resources Board

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Communications Commissi= on

Federal Energy Regulatory Co= mmission

Federal Trade Commission

Public Utility Commission of T= exas

State Bar of Texas

Texas State Senate

U.S. Army Corps of Engineers

U.S. Atto= rney's Office for the District of Massachusetts

U.S. Co= urt of Appeals for the District of Columbia Circuit

U.S. Court of Appeal= s for the Federal Circuit

U.S. Court of Appeals = for the Fifth Circuit

U.S. Court of Appeals= for the Second Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Distric= t Court for the District of Massachusetts

U.S. Dist= rict Court for the Northern District of Georgia

U.S. Dis= trict Court for the Southern District of New York

U.S. Environmental Protection= Agency

U.S. Securities and Excha= nge Commission

U.S. Supreme Court

U.S. Uniform Law Commission

Uni= ted States District Court for the District of North Dakota

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