Randy Gordon

Important Update: FTC Non-Compete Rule Struck Down On August 20, 2024, the U.S. District Court for the Northern District of Texas delivered a pivotal ruling in the case Ryan, LLC v. FTC. The court granted the Plaintiff’s motion for summary judgment, deeming the FTC’s non-compete rule unlawful. This decision effectively halts the implementation of the rule, which was set to take effect on September 4, 2024. What's next for the FTC? What's should employers do now? Attorney Christopher Miller discusses these important updates in our recent blog post. Read it here: https://lnkd.in/gKTKTDFn #ftc #noncompete #businesslaw #update #legalupdates #employers

1

I wonder what the outcome of these writ of mandamus petitions would be if the framework proposed by my paper in The Texas Intellectual Property Law Journal (https://lnkd.in/dQ4isyHV) were to be applied?

2

While only published cases “bind” lower courts, unpublished cases hold significant weight due to the “inter-panel accord doctrine,” influencing even unpublished decisions unless clearly distinguishable. Criminal Cases of Note: Barnes v. Com.: Reaffirmed that minimal corroboration is needed for co-conspirator testimony. Brawner v. Com.: Required court to inform Brawner about the option of community service instead of just paying court costs. Jackson v. Com.: Probationer's contesting violations cannot be used as an aggravating factor in sentencing. Bates v. Com.: Past relationship evidence deemed too speculative for sexual assault claims. Civil Cases of Note: Stafford Board of Zoning Appeals v. Grove: Demurrer is a valid response in BZA appeals. Hamilton v. Jackson: Emphasized precise assignment of errors for appeal viability. Cascade Creek Homes v. Chesterfield: Legal costs do not cover attorney fees or mediation. Jones v. Kim: Affirmed punitive damages for willful negligence. Domestic Cases: Bobocholov v. Turaeva: Upheld imputation of income and $5,500 monthly support after reviewing § 20-107.1(E) factors. Have questions or thoughts on appellate law? Let’s discuss! https://lnkd.in/eSgBy5pD

4

“As we stand at the threshold of this rapidly changing AI era, attorneys can prepare to protect the integrity of investigations and litigation outcomes by learning to identify and address potentially deepfaked evidence when it arises.” In the May issue of the Texas Bar Journal, Husch Blackwell attorneys Anne D. Cartwright, Peter C. Anderson, and Jonathan A. Porter discuss deepfakes and preparing to confront AI-generated “evidence” in investigations and litigation. Read “Deepfakes” here: tinyurl.com/tbjdeepfakes #DeepFakes #AI

5

The case of In re Peters posed a critical question: to what extent does the Fifth Amendment protect individuals from being compelled to disclose potentially self-incriminating information in civil litigation, especially when criminal proceedings are also pending? By addressing this question, the Supreme Court of Texas provided helpful guidance on the applicability of constitutional privileges in situations potentially involving both criminal and civil liability. WSHB partners Spencer Dunn and Dan Paret delve into this case in an article published in CLM Magazine.   🔗 https://lnkd.in/g6CVtrpJ   #WSHB #CLM #CLMMagazine #InRePeters #FifthAmendment #SelfIncrimination #CivilLitigation #CriminalProceedings #SupremeCourt #TexasLaw #ConstitutionalLaw #Liability #CivilRights CLM Alliance (Claims and Litigation Management Alliance)

24

Lowenstein’s Julie Werner and Amy Schwind analyze the Texas court's limited preliminary injunction against the Federal Trade Commission's non-compete ban, affecting only specific parties. Discover what this means for employers and future legal challenges in our latest Employment client alert. Read the full alert: https://bit.ly/3Lcd6Y8 #employmentlaw #employers #noncompete #lawyers #employment

9

My division is hiring attorneys! If you have experience in the areas listed (for example, if you have applied administrative law in the context of an area such as Clean Air Act, Clean Water Act, etc), please consider applying to join our excellent team. The American Law Division conducts sophisticated and fast-paced legal analysis for Congress in a non-litigation setting. The public reports we issue only scratch the surface of our work. #hiring #attorneys #administrativelaw #constitutionallaw #courts #civilprocedure (Any positions, statements, commentary, or views expressed by the author here are solely those of the author in her personal capacity and are not presented as those of the Congressional Research Service or the Library of Congress.)

6

Check out these fantastic insights from Sharon Glenn, our cofounder, about the overturning of the #ChevronDoctrine.

2

You can avoid a criminal conviction through Deferred Adjudication. In Texas, this powerful legal tool can be leveraged to mitigate the personal and professional consequences of DWI.

1

According to recent statistics from the Administrative Office of the U.S. Courts, the federal appeals courts that grant oral argument the most often are the D.C., Second, and Seventh circuits. These courts held oral argument in a higher percentage of appeals compared to other circuits from 2022 to 2023. Partner Katie Barrett Wiik discussed these trends with The National Law Journal, noting that logistically, it may be easier for some courts to schedule oral arguments than others. "For example, the D.C. Circuit covers a smaller area geographically than other circuits, so judges need not travel far to sit on panels. In contrast, judges in the Eighth Circuit are chambered in different federal courthouses across seven states and must travel to St. Louis, Missouri, or St. Paul, Minnesota, for a hearing." Katie said even if oral argument doesn’t change the vote outcome in a case, having in-person hearings improves institutional legitimacy and the legal reasoning behind decisions. It also helps build relationships among judges, staff and attorneys, she added. “[Oral argument] literally brings people together, and that’s essential, I would say, for the health of the institutions and for the relationship-building between and among the various stakeholders in the appellate courts,” she said. “That really can’t be replicated when everyone’s just approving things on the briefs or having remote meetings.” To read the full article, visit: https://lnkd.in/eX98Q6cv #OralArgument #Appeals #CircuitCourt

3

BakerHostetler's Jason Hoffman writes: Over the years, the Federal Circuit has overturned many damages awards. Often, the Court determined that the expert’s opinion was inadmissible because the expert did not adequately tie the royalty to the underlying facts of the case. But every once in a while, a damages case reaches the Federal Circuit where the Court ultimately blesses an expert opinion, which provides valuable insight regarding what is admissible. #federalcircuit #damages #experttestimony #admissibility #intellectualproperty

5

On June 28, The U.S. Supreme Court delivered its decision in a twin set of cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, which overturned a 1984 decision known as the Chevron doctrine. Aliya Haider, General Counsel at Droit, shares how this ruling may affect financial institutions and highlights the value of regulatory technology. Read more here: https://bit.ly/3WBmRV8 #regulatorycompliance #regulatorytechnology #chevrondoctrine

18

How Long is Too Long? In the case of Warner Chappell v. Nealy, the US Supreme Court addressed whether the Copyright Act’s statute of limitations prevents plaintiffs from recovering damages that accrued more than three years prior to the commencement of the infringement suit. The case involved a dispute over the use of Tony Butler’s 1984 single “Jam the Box” in Flo Rida’s song “In the Ayer.” Butler and Music Specialist, Inc. (MSI) licensed the song to the defendants without Nealy's authorization, even though he was serving a 20-year prison sentence for cocaine distribution. Nealy claimed he didn't learn of the alleged violations until 2016, and he and MSI filed suit in December 2018. The Supreme Court's 6-3 ruling established that copyright owners can recover damages for any timely claim, regardless of when the infringement occurred. This ruling settled a long-standing circuit split and allowed for retrospective copyright damages beyond three years. If you have any questions about a potential copyright infringement, please contact our office to talk about how Madan Law PLLC can help you defend your claim. #IPLaw #TrademarkProtection #BrandDefense#MadanLawPLLC #LegalGuidance#CopyrightInfringement #StatuteofLimitations #ProtectYourInnovation #entrepreneur#MakeYourMark #gotip #trademark #patent#legalTips @youripattorney

1

See how Trivent Legal's Depo-Quote transforms complex deposition summaries into powerful, easy-to-understand presentations! Save time and boost your case strategy. Ready to simplify your work? To know more, Visit: https://lnkd.in/gfY4_TPn #TriventLegal #CaseSuccess #LegalInnovation #MedicalChronologies #medicalopinion #MedicalExpertise #attorneysatlaw #LegalServices #attorneygeneral #medicalrecordreview #MedicalExpertise #attorney #medicalmalpractice #MedicalChronology

2