Ted Huffman
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Articles by Ted Huffman
Fraud Proves To Be a Viable Ground for Vacating an Entire Arbitration Award Without Remand or Rehearing
Overturning an arbitration award can be challenging. The Federal Arbitration Act (FAA) imposes a heavy presumption in favor of confirmation, and courts routinely remind litigants that vacatur is reserved for exceptional circumstances. Even so, 2026 has produced a run of awards that have failed to survive judicial review on various grounds. Case Ground Eletson Holdings, Inc. v. Levona Holdings Ltd. (S.D.N.Y. Jan. 12, 2026) Fraud, § 10(a)(1) USAA Savings Bank v. Goff (7th Cir. Mar.
Fraud Proves To Be a Viable Ground for Vacating an Entire Arbitration Award Without Remand or Rehearing
Overturning an arbitration award can be challenging. The Federal Arbitration Act (FAA) imposes a heavy presumption in favor of confirmation, and courts routinely remind litigants that vacatur is reserved for exceptional circumstances. Even so, 2026 has produced a run of awards that have failed to survive judicial review on various grounds.
Protecting Class Action Defense Victories from Mistaken District Court Remands Under CAFA
You are a class action defense attorney. You timely remove to federal court under the Class Action Fairness Act (CAFA). You litigate in that forum for years and successfully defeat class certification. You are defending the case well. Then, the district court sua sponte remands the case to state court under the mistaken belief that its order denying class certification deprives the federal court of ongoing jurisdiction under CAFA.
Protecting Class Action Defense Victories from Mistaken District Court Remands Under CAFA
You are a class action defense attorney. You timely remove to federal court under the Class Action Fairness Act (CAFA). You litigate in that forum for years and successfully defeat class certification. You are defending the case well. Then, the district court sua sponte remands the case to state court under the mistaken belief that its order denying class certification deprives the federal court of ongoing jurisdiction under CAFA.
Texas Supreme Court Rejects the “Gist” Doctrine and Clarifies When Parties May File Texas Lawsuits Regarding Out-of-State Property Interests
On May 15, 2026, the Texas Supreme Court issued an important decision clarifying when Texas courts may exercise jurisdiction over lawsuits involving real property located in other states. In Braxton Minerals III, LLC v. Bauer, the Court delivered a unanimous opinion disapproving of the so-called “gist” or “gravamen” rule that several Texas intermediate appellate courts had previously employed to dismiss claims touching on ownership of out-of-state real estate.
Texas Supreme Court Rejects the “Gist” Doctrine and Clarifies When Parties May File Texas Lawsuits Regarding Out-of-State Property Interests
On May 15, 2026, the Texas Supreme Court issued an important decision clarifying when Texas courts may exercise jurisdiction over lawsuits involving real property located in other states. In Braxton Minerals III, LLC v. Bauer, the Court delivered a unanimous opinion disapproving of the so-called “gist” or “gravamen” rule that several Texas intermediate appellate courts had previously employed to dismiss claims touching on ownership of out-of-state real estate.
Texas Supreme Court Rejects The “Gist” Doctrine And Clarifies When Parties May File Texas Lawsuits Regarding Out-of-State Property Interests
Katten Muchin Rosenman LLP are most popular: within Insurance topic(s) On May 15, 2026, the Texas Supreme Court issued an important decision clarifying when Texas courts may exercise jurisdiction over lawsuits involving real property located in other states. In Braxton Minerals III, LLC v.
Texas Forum Bylaw Clauses—Delaware Chancery Court Provides Practical Takeaways for Corporations Moving to Texas
Corporations reincorporating in Texas to take advantage of the Texas Business Court now have new case law support. The Delaware Court of Chancery recently held that a Texas forum bylaw adopted by a company moving to Texas required litigation of certain internal matters arising prior to reincorporation. No. 2024-0631-BWD (Del. Ch. April 13, 2026). The decision provides practical takeaways for migrating companies in similar situations.
Texas Forum Bylaw Clauses—Delaware Chancery Court Provides Practical Takeaways for Corporations Moving to Texas
Corporations reincorporating in Texas to take advantage of the Texas Business Court now have new case law support. The Delaware Court of Chancery recently held that a Texas forum bylaw adopted by a company moving to Texas required litigation of certain internal matters arising prior to reincorporation. No. 2024-0631-BWD (Del. Ch. April 13, 2026). The decision provides practical takeaways for migrating companies in similar situations.
Texas Forum Bylaw Clauses—Delaware Chancery Court Provides Practical Takeaways For Corporations Moving To Texas
Corporations reincorporating in Texas to take advantage of the Texas Business Court now have new case law support. The Delaware Court of Chancery recently held that a Texas forum bylaw adopted by a company moving to Texas required litigation of certain internal matters arising prior to reincorporation. No. 2024-0631-BWD (Del. Ch. April 13, 2026). The decision provides practical takeaways for migrating companies in similar situations.
Texas Business Court Issues Important Decision on Corporate Indemnification and Advancement Terms
When an internal company dispute turns into litigation, one of the first practical questions is not necessarily who will win on the merits, but who will pay the legal bills while the case is pending. That is why advancement and indemnification provisions matter so much in LLC agreements, board service arrangements, and deal documents.[1] In Energy Founders Fund, LP v.
Texas Business Court Issues Important Decision on Corporate Indemnification and Advancement Terms
When an internal company dispute turns into litigation, one of the first practical questions is not necessarily who will win on the merits, but who will pay the legal bills while the case is pending. That is why advancement and indemnification provisions matter so much in LLC agreements, board service arrangements, and deal documents.[1] In Energy Founders Fund, LP v.
"The Arbitrator Exceeded Her Authority": Specific Arbitration Agreement Terms Lead To Successful Appeal Of Award
It is difficult to appeal an arbitrator's award due to limited appeal grounds and deferential standards governing arbitral review. But one party in the Seventh Circuit recently did just that. See USAA Savings Bank v. Goff, No. 25-1730 (7th Cir. Mar. 19, 2026). And their successful outcome in the case was a product of the fact that they included specific and protective language in their arbitration agreement that cabined the arbitrator's remedial authority and procedural measures.
"The Arbitrator Exceeded Her Authority": Specific Arbitration Agreement Terms Lead to Successful Appeal of Award
It is difficult to appeal an arbitrator’s award due to limited appeal grounds and deferential standards governing arbitral review. But one party in the Seventh Circuit recently did just that. See USAA Savings Bank v. Goff, No. 25-1730 (7th Cir. Mar. 19, 2026). And their successful outcome in the case was a product of the fact that they included specific and protective language in their arbitration agreement that cabined the arbitrator’s remedial authority and procedural measures.
"The Arbitrator Exceeded Her Authority": Specific Arbitration Agreement Terms Lead to Successful Appeal of Award
It is difficult to appeal an arbitrator’s award due to limited appeal grounds and deferential standards governing arbitral review. But one party in the Seventh Circuit recently did just that. See USAA Savings Bank v. Goff, No. 25-1730 (7th Cir. Mar. 19, 2026). And their successful outcome in the case was a product of the fact that they included specific and protective language in their arbitration agreement that cabined the arbitrator’s remedial authority and procedural measures.
New Texas Summary Judgment Rules Are Now In Effect: Expedited Action And Challenges For Litigants To Navigate
At the behest of the State Legislature (SB 293), the Texas Supreme Court recently finalized and adopted amendments to Rule 166a of the Texas Rules of Civil Procedure.
New Texas Summary Judgment Rules Are Now In Effect: Expedited Action and Challenges for Litigants to Navigate | JD Supra
At the behest of the State Legislature (SB 293), the Texas Supreme Court recently finalized and adopted amendments to Rule 166a of the Texas Rules of Civil Procedure.
New Texas Summary Judgment Rules Are Now in Effect: Expedited Action and Challenges for Litigants to Navigate
At the behest of the State Legislature (SB 293), the Texas Supreme Court recently finalized and adopted amendments to Rule 166a of the Texas Rules of Civil Procedure.
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Court Dismisses Overly-Technical Claim That FDCPA Applies to Communications With Vendors Mailing Collection Letters | JD Supra
The Fair Debt Collection Practices Act (FDCPA) imposes various requirements on debt collectors aimed to protect consumers’ privacy rights and prevent consumer abuse. One such subpart of the statute provides that a debt collector, in connection with collecting a consumer debt, may not communicate “with any person other than the consumer, his attorney, a consumer reporting agency . . . , the creditor, the attorney of the creditor, or the attorney of the debt collector.” 15 U.S.C. § 1692c(b).
Court Dismisses Overly-Technical Claim That FDCPA Applies To Communications With Vendors Mailing Collection Letters
Katten Muchin Rosenman LLP are most popular: within Food, Drugs, Healthcare and Life Sciences topic(s) The Fair Debt Collection Practices Act (FDCPA) imposes various requirements on debt collectors aimed to protect consumers' privacy rights and prevent consumer abuse. One such subpart of the statute provides that a debt collector, in connection with collecting a consumer debt, may not communicate "with any person other than the consumer, his attorney, a consumer reporting agency . . .
Business Court Bill Furthers Texas' Pro-Corporate Strategy
By Ted Huffman, Eric Hail and Mark Solomon ( July 16, 2025, 6:01 PM EDT) -- On the final day of its 89th legislative session, the Texas Legislature passed H.B. 40, expanding the jurisdictional and operational framework of the Texas Business Court.[1] The bill has since been signed by Gov. Greg Abbott, and becomes effective on Sept. 1.... Law360 is on it, so you are, too.
Business Court Bill Furthers Texas' Pro-Corporate Strategy
ADVERTISEMENT Don't want ads? Subscribe or login now. By Ted Huffman, Eric Hail and Mark Solomon ( July 16, 2025, 6:01 PM EDT) -- On the final day of its 89th legislative session, the Texas Legislature passed H.B. 40, expanding the jurisdictional and operational framework of the Texas Business Court.[1] The bill has since been signed by Gov. Greg Abbott, and becomes effective on Sept. 1....
SCOTUS Holds That Courts Are Not Bound by FCC Orders Interpreting the TCPA
On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA). In the case—McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation—the Court held that the Hobbs Act does not bind district courts in civil enforcement proceedings to accept an agency's interpretation of statutes such as the TCPA.
Privacy, Data And Cybersecurity Quick Clicks | Issue 30
In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth). The new statutory tort for serious invasion of privacy was introduced and passed under the Privacy and Other Legislation Amendment Act 2024 (the Act). The catalyst for the Act was in response to increasing public concern over the misuse of personal information in an increasingly digital era, and it is the most significant development in protecting the personal information of Australians.
SCOTUS Holds That Courts Are Not Bound by FCC Orders Interpreting the TCPA
On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA). In the case—McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation—the Court held that the Hobbs Act does not bind district courts in civil enforcement proceedings to accept an agency’s interpretation of statutes such as the TCPA.
Privacy, Data and Cybersecurity Quick Clicks | Issue 30 | JD Supra
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here. By Trisha Sircar In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth).
Privacy, Data and Cybersecurity Quick Clicks | Issue 30
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here. By Trisha Sircar In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth).
SCOTUS Says District Courts Are Not Bound by FCC Orders Interpreting the TCPA | JD Supra
On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA). In the case—McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation—the Court held that the Hobbs Act does not bind district courts in civil enforcement proceedings to accept an agency’s interpretation of statutes such as the TCPA.
Texas Governor Signs HB 40, Expanding Jurisdiction Of The Texas Business Court
On the final day of the 89th Legislative Session, the Texas Legislature passed House Bill 40 (HB 40) to expand the jurisdictional and operational framework of the Texas Business Court.1 The Bill has since been signed by Governor Abbott and becomes effective on September 1, 2025. The new law builds on Texas's 2023 initiative to establish a specialized venue for complex business litigation and makes the forum more accessible to corporate litigants.
SCOTUS Says District Courts Are Not Bound by FCC Orders Interpreting the TCPA
On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA). In the case—McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation—the Court held that the Hobbs Act does not bind district courts in civil enforcement proceedings to accept an agency’s interpretation of statutes such as the TCPA.
Justice Kavanaugh Signals Conservative Vote Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23
Skip to main content June 13, 2025 Volume XV, Number 164 Legal Analysis. Expertly Written. Quickly Found. Trending News Justice Kavanaugh Signals Conservative Vote Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23 Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v.
Justice Kavanaugh Signals Conservative Vote Toward Imposing A Pre-Certification Standing Requirement Under FRCP 23
On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to "[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury." The Court instead dismissed the case as improvidently granted, due to apparent procedural complexities in how the case was presented on appeal. Justice Kavanaugh nonetheless weighed in.
Federal District Court Finds Consumer Wire Transfers Are Subject To The Electronic Fund Transfer Act
In this article, the authors review a federal district court decision holding that a bank may be liable under the Electronic Fund Transfer Act for unauthorized consumer wires initiated using a bank's electronic banking platforms. In an apparent departure from decades of jurisprudence acknowledging the exemption of wire transfers from the ambit of the Electronic Fund Transfer Act (EFTA or the Act), one federal district court, in New York v.
Fifth Circuit Affirms Party's Strategic Maneuver To Compel Arbitration From Federal Court Even When Forum Clause Required Remand
In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to federal court to compel arbitration—even when a contractual forum-selection clause requires remand—as long as federal jurisdiction exists. Ordinarily, motions to remand are evaluated on jurisdictional grounds.
Fifth Circuit Affirms Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand | JD Supra
In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to federal court to compel arbitration—even when a contractual forum-selection clause requires remand—as long as federal jurisdiction exists. Ordinarily, motions to remand are evaluated on jurisdictional grounds.
Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23 | JD Supra
On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” The Court instead dismissed the case as improvidently granted, due to apparent procedural complexities in how the case was presented on appeal. Justice Kavanaugh nonetheless weighed in.
Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23
Skip to main content June 10, 2025 Volume XV, Number 161 Legal Analysis. Expertly Written. Quickly Found. Trending News Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23 Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v.
Fifth Circuit Affirms a Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand
In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to federal court to compel arbitration—even when a contractual forum-selection clause requires remand—as long as federal jurisdiction exists. Ordinarily, motions to remand are evaluated on jurisdictional grounds.
Texas Supreme Court Clarifies Usury Law: Maximum Interest Must Be Calculated Using The Actuarial Method Resulting In Lower Interest Charges As Principal Balance Declines
Commercial lenders in Texas should be made aware of the Texas Supreme Court's new decision in American Pearl Group, LLC v. National Payment Systems, LLC, No. 24-0758. In that case, the Court clarified the "actuarial method" for calculating maximum chargeable interest under state usury law, with the endorsed methodology notably imposing a lower maximum interest ceiling than previously allowed.
Maximum Interest Must Be Calculated Using the Actuarial Method Resulting in Lower Interest Charges as Principal Balance Declines | JD Supra
Commercial lenders in Texas should be made aware of the Texas Supreme Court’s new decision in American Pearl Group, LLC v. National Payment Systems, LLC, No. 24-0758. In that case, the Court clarified the “actuarial method” for calculating maximum chargeable interest under state usury law, with the endorsed methodology notably imposing a lower maximum interest ceiling than previously allowed.
Texas Supreme Court Clarifies Usury Law: Maximum Interest Must Be Calculated Using the Actuarial Method Resulting in Lower Interest Charges as Principal Balance Declines
Commercial lenders in Texas should be made aware of the Texas Supreme Court’s new decision in American Pearl Group, LLC v. National Payment Systems, LLC, No. 24-0758. In that case, the Court clarified the “actuarial method” for calculating maximum chargeable interest under state usury law, with the endorsed methodology notably imposing a lower maximum interest ceiling than previously allowed.
Financial Services And Technology: Florida Changes Law To Make Clear That Collection-Related Emails Are Not Included In The Prohibition On After-Hours Communications
On May 16, Governor Ron DeSantis signed bill CS/CS/SB 232 into law. The bill includes modifications to the Florida Consumer Collection Practices Act (FCCPA) to make clear that the prohibition on communications between "9 p.m. and 8 a.m. without prior consent of the debtor" does not include emails.
Privacy, Data And Cybersecurity Quick Clicks | Issue 29
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
CFPB Update: Policy And Leadership Changes Further Belief The Consumer Protection Agency Has Lost (Most Of) Its Bite
Changes regarding the future of the Consumer Financial Protection Bureau (CFPB), including both the agency's leadership and its policy priorities, have been rapidly announced by the Trump administration.1 While the consumer finance industry had not predicted the leadership issue, the policy announcement reflects a consistent approach to "downsizing" the agency to focus on a limited range of policy objectives.
Financial Services and Technology: Florida Changes Law to Make Clear that Collection-Related Emails Are Not Included in the Prohibition on After-Hours Communications | Katten Muchin Rosenman LLP - JDSupra
On May 16, Governor Ron DeSantis signed bill CS/CS/SB 232 into law. The bill includes modifications to the Florida Consumer Collection Practices Act (FCCPA) to make clear that the prohibition on communications between “9 p.m. and 8 a.m. without prior consent of the debtor" does not include emails.
Privacy, Data and Cybersecurity Quick Clicks | Issue 29
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. To read more issues of Katten's Privacy, Data and Cybersecurity Quick Clicks, please click here.
CFPB Update: Policy and Leadership Changes Further Belief the Consumer Protection Agency Has Lost (Most of) Its Bite | JD Supra
Changes regarding the future of the Consumer Financial Protection Bureau (CFPB), including both the agency's leadership and its policy priorities, have been rapidly announced by the Trump administration.1 While the consumer finance industry had not predicted the leadership issue, the policy announcement reflects a consistent approach to "downsizing" the agency to focus on a limited range of policy objectives.
Texas Governor Signs New Business-Friendly Governance Law To Promote In-State Corporate Growth: Senate Bill 29 Analysis
On May 14, 2025, Texas Governor Greg Abbott signed Senate Bill 29 (SB 29), which had been passed by the Legislature on May 7. The Bill, effective immediately, amends various provisions of the Business Organizations Code to make Texas a more attractive and predictable jurisdiction for entity formation and governance.
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