Texas

  • June 29, 2022

    The State Of Abortion Legal Challenges Around The US

    Since the U.S. Supreme Court reversed Roe v. Wade last week with its landmark decision in Dobbs v. Jackson Women’s Health Organization, restrictive state abortion bans have seen a wave of legal challenges. Here’s what’s happened in courthouses across the U.S. post-Dobbs.

  • June 29, 2022

    Bradley Adds M&A Specialist To Growing Dallas Office

    Bradley Arant Boult Cummings LLP has hired a new partner to its corporate and securities practice group for its Dallas office – which has tripled in size over the last three years.

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    China Accused Of Influence Campaign Targeting Mining Cos.

    Chinese state actors posed as local residents in Texas and Oklahoma as part of an unsuccessful influence campaign targeting rare-earths mining giants that compete with Chinese companies, the cybersecurity firm Mandiant said Tuesday.

  • June 28, 2022

    Enviro Groups Say Texas Refuses To Follow Air Permit Rules

    A cohort of environmental groups petitioned the U.S. Environmental Protection Agency on Tuesday to require Texas' environmental regulator to increase public participation and consider environmental justice impacts during its air permitting program. 

  • June 28, 2022

    JPML Centralizes Cell Tech IP Suits Against Tesla, GM, Others

    Neo Wireless' cellular patent suits against several carmakers, including Tesla and General Motors, were transferred to the Eastern District of Michigan Tuesday after the U.S. Judicial Panel on Multidistrict Litigation determined centralization will streamline the related litigation and boost convenience.

  • June 28, 2022

    Frustrated Court Says Lender Must Face Ponzi Scheme Suit

    A Texas federal judge has declined to toss a Ponzi scheme fraud suit brought against a lending company and the CEO of a real estate development company, noting that court has spent many resources on dismissal motions in the case thus far and that the defendants should not file any more dismissal motions.

  • June 28, 2022

    Insurers, Atty In Tax Shelter Coverage Suit Get Time To Settle

    A Texas federal court stayed an insurance coverage dispute Tuesday to allow time for the finalizing of a settlement among an attorney sued over his involvement in tax planning strategies scrutinized by the IRS and two companies that insured him.

  • June 28, 2022

    Payroll Firm Flexible Funding OK'd For Ch. 11 Liquidation

    Trucking and staffing industry payroll financing firm Flexible Funding Ltd. received bankruptcy court approval on Tuesday in Texas for its Chapter 11 liquidation plan that calls for the distribution of proceeds from a sale that closed in late 2021.

  • June 28, 2022

    Energy Cos. Can't Duck Fees For $1.2B Project, 5th Circ. Told

    The Texas agency in charge of a key shipping channel off the Gulf of Mexico told the Fifth Circuit it shouldn't give credence to a brazen attempt by Shell and Phillips 66 to dodge their share of fees intended to pay for a $1.2 billion waterway improvement project.

  • June 28, 2022

    Earthstone Pays $627M For New Mexico Oil And Gas Assets

    Earthstone Energy Inc. said Tuesday it has entered into an agreement to purchase, for $627 million, the New Mexico assets of Titus Oil and Gas Production, which is located in the southeast part of the state within the northern Delaware Basin.

  • June 28, 2022

    Texas Judge Freezes Enforcement Of Pre-Roe Abortion Ban

    A Texas judge on Tuesday temporarily blocked the state from enforcing a nearly century-old ban on abortion that was deemed unconstitutional in the now-overturned Roe v. Wade decision.

  • June 28, 2022

    Biden's Pick To Lead ICE Pulls Long-Pending Nomination

    The Texas sheriff whom President Joe Biden tapped to lead U.S. Immigration and Customs Enforcement has withdrawn his nomination after a 14-month standoff in the U.S. Senate, continuing ICE's five-year streak without a Senate-confirmed director.  

  • June 27, 2022

    7th Circ. Won't Let Red States Step Into Public Charge Fight

    The Seventh Circuit on Monday refused to allow a group of Republican-led states to intervene in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting.

  • June 27, 2022

    Stanford International Chairman Seeks Ax Of SEC Ponzi Suit

    The chairman of the Stanford International Bank has asked a federal judge in Dallas to toss the U.S. Securities and Exchange Commission's long-running litigation accusing him of using companies under his control to run a $7.2 billion Ponzi scheme.

  • June 27, 2022

    Tyson Workers Ask 5th Circ. To Revive COVID Safety Suit

    A group of Tyson Foods Inc. workers has asked the Fifth Circuit to revive and send back to state court their lawsuit accusing the company of negligently exposing them to COVID-19 at the beginning of the pandemic, echoing other Tyson workers' arguments that their claims don't belong in federal court.

  • June 27, 2022

    La. Enviro Agency Can't Join Pollution Suit, 5th Circ. Told

    The Louisiana Department of Environmental Quality can't be sued for allegedly failing to inform landowners about pollution at a valve plant because the law doesn't allow tort claims against state agencies, Dresser LLC, Baker Hughes and others have told the Fifth Circuit.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Bankrupt Texas Power Plant Gets $144M Asset Sale Approved

    A West Texas electricity producer won a Delaware bankruptcy court's approval Monday to sell its 330-megawatt wholesale electricity power plant assets for $144.75 million — $53.5 million more than the buyer first offered when the plant declared bankruptcy in April.

  • June 27, 2022

    Linebarger Goggan Immune To Toll Road Fee Suit, Court Says

    A national debt collection firm should be granted government immunity in a case accusing the firm of abusing its role as toll collector in a Texas county, a Texas appellate court has ruled.

  • June 27, 2022

    5th Circ. Gives Fed Worker Vax Mandate Suit Another Shot

    The Fifth Circuit on Monday said it will rehear a challenge to President Joe Biden’s 2021 executive order requiring federal workers to receive a COVID-19 vaccine or face termination.

  • June 27, 2022

    2nd Circuit Backs $100M Loan Default Ruling In UBS Suit

    The Second Circuit has sided with a lower court's ruling that energy holding company Greka Integrated Inc. must pay $100 million to UBS AG's London branch following Greka's failure to repay loans it owes to the bank.

  • June 27, 2022

    Gibson Dunn, K&L Gates Lead $470M Utility Contractor Merger

    Utility market contractor Primoris Services Corp., guided by Gibson Dunn & Crutcher LLP, announced Monday that it plans to acquire utility construction company PLH Group Inc., steered by K&L Gates LLP, in an all-cash transaction valued at $470 million.

Expert Analysis

  • Texas Infrastructure Act And Renewables Projects: 1 Year In

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    A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

  • 5th Circ. Ruling Signals Judicial Shift On SEC Admin Process

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    The Fifth Circuit’s decision in Jarkesy v. U.S. Securities and Exchange Commission signals a growing discomfort in the judiciary with the SEC's administrative process, and those dealing with enforcement actions should bring their constitutional challenges early and often, say Benjamin Daniels and Trevor Bradley at Robinson & Cole.

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • High Court's Tribal Ruling May Enable More Gambling In Texas

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    The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

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    In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Vet Clinic FTC Settlement Puts Private Equity On Notice

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    Prior approval and prior notice requirements in the Federal Trade Commission's settlement for a $1.1 billion merger of veterinary clinics illustrate the majority-Democratic commission's skepticism over private equity's general business model, say Bruce Sokler and Tinny Song at Mintz.

  • Suits Against Google Signal Increased 'Dark Patterns' Scrutiny

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    Recent lawsuits brought against Google by attorneys general in multiple states illustrate a growing trend of pushback against dark patterns — design tricks that harmfully manipulate consumer behavior — so companies should ensure their current and future marketing practices do not put them at risk, say attorneys at Sidley.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

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