Texas

  • December 04, 2020

    Francesca's Hits Ch. 11 As Pandemic Tightens Grip On Retail

    Nationwide women's clothing boutique chain Francesca's Holdings Corp. and three affiliates sought Chapter 11 protection in Delaware, reporting $290.5 million in debt, citing pandemic-weakened sales and aiming for a stalking-horse led company auction.

  • December 03, 2020

    Judge Vacates Pro-Kinder Morgan DOI Pipeline Decision

    The U.S Department of the Interior denied a midstream gas company its due process rights by unilaterally reversing five-year-old rights-of-way transfer denials that burdened the company with defunct natural gas pipelines, a Texas federal court said Thursday.

  • December 03, 2020

    Appeals Court Affirms Ex-NFLer's Verdict In Investment Suit

    A Texas appeals court on Thursday upheld an $850,000 jury verdict in favor of a former Houston Oiler over a soured investment in a sports rehab company bearing a former Houston Rocket's name.

  • December 03, 2020

    5th Circ. Unsure It Can Decide Texas Amazon Seller Status

    A Fifth Circuit panel wondered Thursday whether it should wade into the issue of whether Amazon is a seller under Texas product liability law that could be held responsible for a defective remote sold on its marketplace, or if the question should be sent to the Texas Supreme Court.

  • December 03, 2020

    UK Arbitrator Disclosure Ruling Falls Flat, Some Experts Say

    A recent decision by the U.K. Supreme Court in a closely watched case related to arbitrator disclosure requirements is being viewed by some as a missed opportunity to provide a stronger rebuke of an arbitrator's failure to disclose a potential conflict of interest.

  • December 03, 2020

    5th Circ. Revives Veterinarian's Telehealth Free Speech Claim

    The Fifth Circuit revived a Texas veterinarian's free speech challenge to a state requirement that vets can't offer pet owners advice without first inspecting the animal in person, saying U.S. Supreme Court precedent requires the lower court to take another look.

  • December 03, 2020

    McKinsey Drops Westmoreland Fees In US Trustee Deal

    The U.S. Trustee's Office announced Thursday that consulting giant McKinsey & Co. has agreed to end its request for fees and expenses in Westmoreland Coal Co.'s Chapter 11 and settle the government's claims that it failed to disclose conflicts of interest.

  • December 03, 2020

    Texas Justices Told New Well Damages Timing Test Is Needed

    Swift Energy told the Texas Supreme Court on Thursday it's time for a new rule establishing when the clock starts running for mineral lessees to file claims related to migrating contamination, arguing its claims against an Energy Transfer LP unit weren't filed too late and should be fully revived.

  • December 03, 2020

    Marathon Oil General Counsel Resigns From Post

    The general counsel for Marathon Oil Corp., the largest independent refiner in the U.S., has resigned, according to its latest securities filling.

  • December 03, 2020

    Ebony Media Ch. 11 Sale On Hold After Judge Ousts Board

    A Texas bankruptcy judge on Thursday put the Chapter 11 sale of the owner of long-running Black cultural magazines Ebony and Jet on hold after removing the company's board of directors over reports a claim objection had been blocked by an insider deal.

  • December 03, 2020

    Morgan Lewis Expands Enviro Team With Texas Partner

    Morgan Lewis & Bockius LLP has expanded its environmental presence in Texas with a seasoned litigator from Baker Botts LLP.

  • December 03, 2020

    Baker Botts Adds Ex-TCEQ Deputy Director In Austin

    Baker Botts LLP has added former Deputy Executive Director of the Texas Commission on Environmental Quality Stephanie Bergeron Perdue as a litigation partner in its Austin office, according to an announcement earlier this week.

  • December 03, 2020

    Texas Atty Can't Shake Disbarment For Lying Under Oath

    A Texas state appeals court on Thursday delivered a loss to a former attorney seeking to reverse his disbarment after an ethics board found he lied under oath during personal bankruptcy proceedings, saying actions that attorneys take in their personal capacities are still subject to ethics standards.

  • December 03, 2020

    Texas High Court Scrutinizes $83M Electric Rate Hike

    The Texas Supreme Court on Thursday pressed an attorney for the state Public Utility Commission on whether it failed to follow its own standard when it determined that Southwestern Electric Power Co. acted "prudently" when it finished construction on a coal plant and deserved a rate increase.

  • December 03, 2020

    Intel Asks Federal Circ. To Nix WDTX Judge's IP Trial Transfer

    Intel urged the Federal Circuit on Wednesday to stop a Texas federal judge from retransferring an in-person patent trial from Austin back to Waco, saying the judge is trying to rush the case while courthouses around the country are closing their doors to jury trials as the pandemic worsens.

  • December 03, 2020

    Gibson, Clifford Chance Help With 14M-Sq-Ft Logistics Buy

    Real estate investment firm Stockbridge and National Pension Service of Korea said Thursday they've teamed up to buy a 14.3 million-square-foot logistics portfolio located across more than half a dozen states in what Stockbridge, which had counsel from Gibson Dunn and Clifford Chance, said is the largest logistics deal by value amid the COVID-19 pandemic.

  • December 03, 2020

    Tech Co. Execs Seek Toss Of Investors' Derivative Suit

    A fiber optics equipment manufacturer urged a Texas judge Wednesday to toss what it called a "tag along" derivative action that alleges the company's executives and directors misled shareholders about falling sales and sold their shares before the company's stock value dropped.

  • December 03, 2020

    Energy Trader Vitol To Pay $163M For FCPA Misdeeds

    Energy trading company Vitol Inc. has agreed to pay over $163 million to resolve allegations that it bribed officials from the state-backed energy companies of Brazil, Ecuador and Mexico to secure business.

  • December 02, 2020

    Big Tobacco Wins 2nd Delay Of Graphic New Warning Labels

    A Texas federal court Wednesday further postponed the effective date of the U.S. Food and Drug Administration's new requirement for graphic warning labels on cigarette packs to 2022, siding with Big Tobacco, which argued that questions over the validity of the rule still remain unanswered.

  • December 02, 2020

    Insurer Asks Texas Justices To Halt Suits Alleging Bad Faith

    State Farm urged the Texas Supreme Court on Wednesday to put the brakes on a pair of suits alleging the company acted in bad faith and mishandled policyholders' underinsured motorist insurance claims, saying the insureds are trying to short-circuit the legal process by bringing the actions before obtaining rulings that they are entitled to coverage.

  • December 02, 2020

    USAA Wants Texas Justices To Nix Crash Coverage Trial

    USAA General Indemnity Co. asked the Texas high court Wednesday to rule that a trial isn't needed to determine whether USAA owes a policyholder underinsured motorist coverage for crash injuries, arguing that the coverage doesn't apply because the policyholder was already paid by the at-fault driver's insurer following a previous trial.

  • December 02, 2020

    Injured Man Rips Texas Tribe's Dismiss Bid For Fall Case

    A Houston man who slipped and fell down the stairs of a tribal bingo hall has slammed the tribe's third bid to dismiss his case in Texas federal court, saying it isn't immune from suits for declaratory relief in the Fifth Circuit.

  • December 02, 2020

    5th Circ. Won't Rethink La. Appraisers' Bid To Nix FTC Action

    The Fifth Circuit on Wednesday declined to revisit an order that dismissed the Louisiana Real Estate Appraisers Board's attempt to escape a Federal Trade Commission enforcement action over the board's appraiser fee rules.

  • December 02, 2020

    Texas University Freed From $42M Dorm Construction Suit

    A Texas appellate panel has dismissed a contractor's lawsuit seeking more than $6 million from Texas Southern University for delays and extra costs it says it incurred because of the university's actions while building a $41.5 million student housing project in 2015.

  • December 02, 2020

    Norton Rose Nabs Skilled Deals Partner For Houston Office

    Norton Rose Fulbright scooped up a corporate pro formerly with Clark Hill Strasburger who brings with her more than two decades of experience advising clients through assorted business transactions and will work from the firm's Houston office.

Expert Analysis

  • Challenges For The Autonomous Trucking Industry: Part 1

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    Developers of autonomous trucks must overcome not only legal and regulatory barriers to deploying them on highways, but also public concerns over their safety and their potential to put millions of drivers out of work, say attorneys at Faegre Drinker.

  • Navigating Atty Relationship Conflicts That May Imperil Cases

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    In light of recent American Bar Association guidance on conflicts of interest posed by social or intimate relationships between opposing counsel, lawyers must carefully consider whether any personal ties could lead to ethics violations that may affect the outcome of a case, say Thomas Wilkinson and Douglas Fox at Cozen O'Connor.

  • The Pandemic's Toll On Criminal Defendant Rights: Part 2

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    Attorneys at DLA Piper look at how prepandemic precedent affords courts substantial discretion to limit criminal defendants' constitutional rights to confront witnesses and to receive a speedy trial during the COVID-19 crisis.

  • And Now A Word From The Panel: MDL Nostalgia

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    After covering the Judicial Panel on Multidistrict Litigation for eight years, Alan Rothman at Sidley looks back at the advent of video hearings during the pandemic and a panel full of U.S. district court judges, as well as the persistent dominance of product liability cases in the panel's docket.

  • How Mediators Can Help Parties Overcome Emotional Barriers

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    Litigants' emotions can doom the prospects for settlement during mediation, so listening with empathy and helping parties look at a case less emotionally are important tools in a mediator's kit, says Sidney Schenkier at JAMS.

  • The Pandemic's Toll On Criminal Defendant Rights: Part 1

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    Attorneys at DLA Piper look at how COVID-19 restrictions are colliding with criminal defendants' constitutional rights to counsel and impartial jury venire, and how courts and parties are being forced to choose from imperfect alternatives such as trial delays and limited detainee-attorney interactions.

  • Series

    Judging A Book: Wardlaw Reviews 'Hamilton And The Law'

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    Lisa Tucker's collection of essays, "Hamilton and the Law: Reading Today's Most Contentious Legal Issues Through the Hit Musical," has the seemingly incongruous effect of drawing the reader into America's formative history while also contemplating the intractable issues facing us today, including racial justice, immigration and gender equality, says Ninth Circuit Judge Kim Wardlaw.

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

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