In a decision Monday by the U.S. Supreme Court, the justices ruled that the U.S. Court of Appeals for the Fifth Circuit failed to “conduct a proper analysis of the First Amendment challenges” to a Texas law that regulates content posted on large internet platforms, such as Facebook and YouTube. The Supreme Court vacated and remanded NetChoice v. Paxton — a case in which the Fifth Circuit upheld a Texas law prohibiting websites and social media outlets from editing or deleting posts deemed to be false or harmful.
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V&E Grabs Laterals from Kirkland, Simpson
The firm announced that East Berhane is becoming a new finance partner in Dallas and Benjamin Heriaud a capital markets partner in New York.
The SEC’s Evolving Enforcement Authority: From Courtroom to Administrative Proceedings
For more than a decade, the U.S. Securities and Exchange Commission has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. The U.S. Supreme Court issued a pivotal ruling in SEC v. Jarkesy significantly curtailing the SEC’s ability to use its administrative proceedings to impose civil penalties for securities fraud. Instead, these cases must be tried in federal district court, where a defendant’s Seventh Amendment right to a civil jury trial is available. This decision not only alters the landscape for securities fraud enforcement but also signals potential broader implications for the enforcement powers of federal agencies across the government.
Coupled with a series of other recent rulings by the Court, this verdict adds to a body of law with potentially far-reaching implications for the enforcement powers of all federal agencies.
Michelle Reed Jumps to Paul Hastings
Paul Hastings continued its Texas expansion Monday announcing that a nationally recognized expert in cybersecurity and privacy litigation joined the firm’s Dallas office as a partner. The firm has added nearly 40 lawyers in Texas since last September. The Lawbook interviewed Reed on her move to Paul Hastings and developments and trends in cybersecurity litigation.
More Lawyers Enter SDTX Bankruptcy Scandal Fray
The bankruptcy courts in the Southern District of Texas are still a hotbed for intense litigation, attracting some of the best lawyers in the nation — just not for the reasons the bankruptcy judges ever wanted or even contemplated. Prominent Texas lawyers David Beck, Rusty Hardin, Anne Johnson, Tom Kirkendall, Mike Lynn, John Sparacino, Jeff Tillotson and scores of other highly paid lawyers have been hired by plaintiffs, defendants and third parties involved in the legal fallout from the forced resignation late last year of former SDTX Chief Bankruptcy Judge David Jones. The Texas Lawbook has the details.
Austin IP Litigator Joins Winstead
Patent litigator Nadia Haghighatian announced her move from Kirkland & Ellis on LinkedIn. Earlier this week, Winstead announced a new real estate partner from Fried Frank.
SCOTX Reverses Jury’s $26 Million Verdict for Woman Paralyzed in Minivan Crash
A 2003 tort reform law limits Honda’s liability because its ceiling-mounted detachable seatbelt system met federal safety regulations. The case presented novel questions about the interplay of state law and federal regulations. The large jury verdict was considered by some lawyers to be a so-called “nuclear verdict” ripe for reversal.
P.S. — Animal Wellness Advocacy, July Legal Clinics, Public Defense Research
This week’s edition of P.S. features a Dallas-area law school’s new six-figure research project aimed at protecting Sixth Amendment rights, July dates for the Dallas Bar Association and Dallas Volunteer Attorney Program’s pro bono legal clinics (virtual, telephone and in-person), and background on a national animal rights-focused nonprofit that recently hired a new director in Texas.
Firms and companies featured in this week’s P.S. include Akin, Bradley, DLA Piper, Haynes Boone, Katten, Hunton Andrews Kurth, McDermott, Winston, Gibson Dunn, Prudential and EQT Corp.
Longtime Chamberlain Hrdlicka Tax Partner Jumps to Womble
Phyllis Guillory, who practiced at Chamberlain Hrdlick for nearly 30 years, has handled international transactions spanning more than 50 countries.
A Conversation with a Mother of 4 About Practicing Law on Her Own Terms
Many female litigators believe an “all or nothing” narrative they’ve been fed: They cannot raise a family while also advancing in their careers. But Reese Marketos’ Kendal Simpson is here to challenge that narrative with an alternative way of practicing law. After taking six years off to be a stay-at-home mom, Simpson recently returned to her firm with the goal of growing a team of high-achieving women who want more flexibility without having to leave their practice. In a Q&A with The Lawbook, Simpson discusses her part-time arrangement at her firm, how it’s added value and how others can pursue these types of opportunities.
“When we are the sex expected to do it all — that is unsustainable,” Simpson said. “This model is about women being able to sustain a skillset that they worked so hard to develop while also not neglecting other parts of life.”