News & Publications

The reinstatement of two Democratic NCUA board members has been put on hold by the U.S. Circuit Court of Appeals for the District of Columbia. In a short order, a three-judge panel of the court ruled that the reinstatement of Todd Harper and Tanya Otsuka should be paused, at least temporarily. "ORDERED that the district court's summary judgment order, dated July 22, 2025, be administratively stayed pending further order of this court," the appeals court [...]

The U.S. Supreme Court's recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and potential opportunities for the communications industry and companies engaging in FCC-regulated activities. By a 6-3 vote in a June 20 decision authored by Justice Kavanaugh, the Court significantly limited the preclusive effect of the Hobbs Act, a statute that gives appellate courts "exclusive jurisdiction" to [...]

On June 27, 2025, the Texas Supreme Court issued yet another landmark decision: Cactus Water Services, LLC v. COG Operating, LLC. Justice Devine delivered the opinion of the Court, holding that produced water is oil-and-gas waste, and, therefore, it belongs to the hydrocarbon lessee (i.e., the operator who is legally obligated to dispose of waste). Justice Busby filed a concurring opinion, in which Justice Lehrmann and Justice Sullivan joined, outlining what the Court's holding did not say and what [...]