In this edition: Energy Transfer’s big shift to TXSE, more news out of the GOP convention, and Paxton backs putting the brakes on data-center development.
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Photographer: Ronald Martinez/Getty Images for Texas Motor Speedway The Texas Stock Exchange landed two big gets this week: Sunoco and Energy Transfer will switch their primary listings from the New York Stock Exchange, becoming TXSE’s first such listings. Sunoco said its units will stop trading on the NYSE on Oct. 2, and Energy Transfer said its units will begin trading on the TXSE on Oct. 5. Energy Transfer owns a stake in Sunoco, and an entity tied to the pipeline company’s billionaire chairman, Kelcy Warren, has a significant holding in TXSE Group. I checked in with AJ Ericksen, a partner at White & Case who’s been watching the exchange closely on behalf of clients. He said it’s too early to tell whether this’ll be the first in a series of moves. “Like the early wave of companies reincorporating to Texas, it will probably begin with companies like Energy Transfer that are controlled by a founder or have other governance features that already limit the influence of other shareholders,” he said. “If there is enough successful movement, then TXSE may be pursued more broadly.” There are also hurdles to think about, Ericksen said. For companies with existing convertible notes or warrants, one question may be whether those instruments account for the the underlying stock being listed on an exchange other than the NYSE or Nasdaq. One example: Whether a switch to TXSE counts as a delisting event that triggers put rights, as opposed to a dual listing that preserves the existing NYSE or Nasdaq listing.
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Ken Paxton, the Republican nominee for US Senate in Texas, said he supports recent moves by the state to tap the brakes on its data center boom, wading into a growing political flashpoint amid his tight race with Democrat James Talarico. Read More
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TikTok Inc. deceived the public about its ability to keep sexually-explicit and other inappropriate content away from minor users in violation Texas law, a state court judge ruled Thursday. Read More
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Texas is moving closer to requiring disclosure of outside finance in litigation, even after a committee recommended against it last summer. Read More
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Ken Paxton discusses his tight Texas US Senate race against James Talarico President Donald Trump sought to emphasize the differences between his administration and Democrats in his second day of speaking at the Republican convention in Dallas. He touted the end of DEI initiatives across the federal government, efforts to require voter ID and opposition to transgender ideology in comments that he kept relatively brief. Gov. Greg Abbott, who is in a tight race with Democrat Gina Hinojosa, did some of the same, highlighting the state’s border security initiatives and opposition to Sharia law, among his talking points. Paxton, who spoke earlier Thursday with Bloomberg TV, meanwhile emphasized the parallels between himself and Trump — though, in contrast to the president, he does support putting a pause on data centers. Paxton also acknowledged his fundraising disadvantage with Talarico due to his focus prior to the May 26 runoff on ousting incumbent US Sen. John Cornyn, but said his campaign will now be spending on TV ads. Read More on the Midterms:
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Christian Hurt’s recent win for AT&T and Verizon against an infringement claim was a great way to “ride off into the sunset” before joining Finnegan as part of its Texas expansion. The Dallas-based IP litigation lawyer said the firm’s blue-chip client list and his longtime relationships in the region make for an exciting opportunity. This conversation has been edited for length and clarity. What’s an emerging law industry trend you’re watching? The changes in the patent office during the current administration have swung the pendulum back toward patent owners a little bit. It has taken a risk that would cut the value of the case at least in half, and has largely gotten rid of that risk. It’ll be interesting to see with the new director if it changes, and how. In Texas, it’ll be interesting to see how filings shift now that Judge Albright has retired. My suspicion is that — and we’ve seen some of it — is that people will try to get, and are getting, more cases in the Eastern District. What’s a game-changing lawsuit you’re watching in state or federal court? There are challenges to the discretionary denial practice working their way through the court system right now. They are pending at the Supreme Court at the petition for cert stage. The main one is the Intel v. Squires. What’s most challenging about practicing law in Texas right now? I don’t think anyone knows yet what the impact of AI is going to be on legal practice. You’ve seen all of these cases where lawyers get in trouble for signing pleadings that may have had errors because the briefs were AI-generated. The [other big question] is how AI changes litigation practice. Is it going to change the way law firms charge for services? How do associates get trained if they don’t have to go through the process? I think what it’ll end up doing is putting a premium on stuff that AI can’t do, like being able to speak in court and being able to deal with clients. Where’s the best barbecue in Texas? I’m going to go out on a limb and say the best barbecue in the state is at Stanley’s in Tyler. Know a Texas legal star we should feature? Email skamal@bloombergindustry.com.
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The deletion of the definition of “harm” under the Endangered Species Act will force some imperiled species to go extinct and should be reversed, a bipartisan coalition of former federal wildlife officials said. Read More
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North American Blue Energy Partners, the US government-backed producer of Venezuelan oil, plans to more than double crude output in just over two years as part of the Trump administration’s push to hike production from the South American country. Read More
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A startup that builds off-grid power systems for data centers said it raised $120 million in a Series A funding round led by Spark Capital, an investor in artificial-intelligence developer Anthropic PBC. Read More
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Water and sewer systems built more than a century ago are struggling with storms, heat and drought. The cyberattacks aren’t helping, either. Read More
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SportsCastr Inc. and Genius Sports Ltd. reached a settlement in their patent infringement dispute concerning live streaming technology. Read More
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Roblox Corp. is touting its efforts to balance user privacy and safety, in response to shareholders blaming its senior leaders for exposing the gaming giant to allegations of deceptive business practices and facilitating child exploitation. Read More
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Texas firearm-trigger device maker Rare Breed Triggers said a federal judge in Wyoming erred when he denied the company an injunction stopping an alleged copycat from selling patent infringing products that can modify guns to make them fire at a more rapid clip. Read More
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Michael Aiello, the powerful chair of Weil Gotshal & Manges’ 600-lawyer corporate practice, has told his law firm that he is resigning and he is expected to join Cravath, Swaine & Moore, according to two people familiar with the situation. Read More
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Stephen Olson joined Foley & Lardner as a partner in its transactions practice group in Houston, the firm announced Thursday. Read More
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The 60-day window granted to foreign workers to find a new sponsor after a job loss would be eliminated in a Trump administration proposal. Read More
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A bill that would create federal standards for college sports is slated for a vote in the Senate this month, but intraparty disputes are threatening its chances of passage. Read More
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House tax writers plan to drop a bill next week that would introduce a federal film and television tax incentive after President Donald Trump publicly called for such a measure last month. Read More
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The House is expected to take up legislation aimed at keeping Americans from paying data center costs in their utility bills next week, three House aides told Bloomberg Government. Read More
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Prime Minister Mark Carney said this week’s round of US trade measures against Canada will hurt some businesses, but will have a “modest” impact overall — and signaled his government isn’t planning to retaliate. Read More
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International Business Machines Corp. defeated a former employee’s claims in Texas federal court that it discriminated against her based on her sex and pregnancy by transferring her to another position. Read More
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Baylor University has reached at least a partial settlement in its trademark dispute with the Trustees of Boston University over an interlocking “BU” logo. Read More
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A federal appeals court rejected Corr Flight S.'s petition to appeal an administrative law judge’s order granting back pay and attorney’s fees to a pilot captain-in-training the company suspended and fired after he reported a safety violation. Read More
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Mississippi’s law counting absentee ballots postmarked before an election but are received five days or fewer after that day is constitutional, the Fifth Circuit ruled. Read More
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Perspectives From Legal Experts and Thought Leaders
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Insight Because these issues of AI in discovery are being litigated now, no appellate court has had the opportunity to weigh in — but companies that wait for appellate clarity will get their answer in a motion to compel or worse, says Reed Smith partner Gregory Speier. Read More
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Insight For businesses involved in international trade, customs and trade taxes will become integral to strategic tax decision-making, says Ryan’s Eleanor Caine. Read More
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Column ArentFox Schiff’s fellows program has helped its participants build important relationships, developed skills that can be overlooked in Big Law, and given the firm financial benefits in the long term, columnist David Lat says. Read More
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