Texas RSS

  • April 18, 2014

    BP Pounded By Spate Of New Deepwater Investor Suits

    BP PLC was hit with at least six securities suits in Texas federal court Friday, with groups of foreign businesses and U.S. retirement funds alleging the oil company’s actions and response to the Deepwater Horizon oil spill cost them millions of dollars.

  • April 18, 2014

    Sierra Club Loses Fight Over Radioactive Waste License

    A Texas appeals court on Friday rejected the Sierra Club’s suit over a radioactive waste disposal license issued to the operator of a site in West Texas, upholding a decision by state regulators to deny the group an administrative hearing to challenge the license.

  • April 18, 2014

    Mt. Gox Liquidation Is A Bad Sign For US Investors

    Now that a Japanese court has eliminated any chance of saving bitcoin operator Mt. Gox, experts say U.S. customers shouldn’t get their hopes up for a substantial recovery or any concrete answers about its downfall from its chief executive.

  • April 18, 2014

    Jailed Texas Client Can Sue Attys Over Contempt Order

    A Texas appeals court on Thursday revived a suit against Bailey & Galyen in which a client alleged he landed in jail because the law firm mishandled and gave bad advice about discovery responses in his divorce, rejecting the Dallas boutique's defense to malpractice suits arising from criminal convictions.

  • April 18, 2014

    5 Tips For Winning Over The Texas Supreme Court

    Litigants trying to catch the attention of the Texas Supreme Court should focus on pithy summary of the argument sections, consider adding graphics to their briefs and, if they’re amici, get involved earlier in the process, the court’s justices say.

  • April 18, 2014

    Texas Blasts EEOC Bid To Nix Suit Over 'Felon-Hiring Rule'

    The state of Texas on Friday urged a federal court not to toss its lawsuit challenging the U.S. Equal Employment Opportunity Commission's guidance on criminal background checks, saying the EEOC is trying to argue that the rule “is not worth the paper it’s printed on — even though it urges other courts to defer to it.”

  • April 18, 2014

    Ogletree Deakins Adds Employment Pro To Houston Office

    Ogletree Deakins Nash Smoak & Stewart PC announced Thursday that it has added a Gardere Wynne Sewell litigation and appellate attorney with expertise in labor law to its Houston office to strengthen its employment law and workplace safety and health practice groups.

  • April 18, 2014

    Calpine Nets $1.57B In Sale Of 6 Power Plants

    Calpine Corp. is selling six southeast U.S. power plants to LS Power for $1.57 billion, the company said Friday, in a move the New Jersey-headquartered power company said will help it focus more on its core regions.

  • April 18, 2014

    O'Donnell Ferebee Partner Hit With $5.6M Malpractice Suit

    A name partner of O’Donnell Ferebee Medley & Frazer PC was slapped with a $5.6 million malpractice suit in Texas state court on Wednesday by a group of shipping companies that say the firm failed to adequately prepare for trial, which resulted in an adverse $12.3 million judgment.

  • April 18, 2014

    $325M Texas Natural Gas Plant Gets Green Light From EPA

    The U.S. Environmental Protection Agency gave Texas-based Lone Star NGL LLC the green light to build a $325 million natural gas processing plant west of Houston, emphasizing Friday that the development of natural gas is essential to the country’s climate and energy goals.

  • April 17, 2014

    DOJ Says Texas Is Ducking Discovery On Voting Rights

    The U.S. Department of Justice on Wednesday accused Texas of blocking the federal government’s discovery in a Voting Rights Act suit challenging an allegedly discriminatory redistricting plan the state adopted in 2011, claiming that the state refused to provide legislative documents.

  • April 17, 2014

    Ex-Named Atty Seeks $1M From Patent Firm For Unpaid Fees

    A former shareholder in patent litigation boutique Williams Morgan PC recently launched a suit in Texas state court seeking more than $1 million from the firm for unpaid compensation he says he earned before striking out last year to start his own practice.

  • April 17, 2014

    Employers Watch For NLRB's Next Moves On DR Horton

    In a victory for employers, the Fifth Circuit on Wednesday rebuffed the National Labor Relations Board's bid for a full-court review of the panel ruling rejecting its ban on mandatory employment class waivers, but attorneys say businesses should keep an eye on what steps the board takes next, as the issue remains a live one that could ultimately require U.S. Supreme Court resolution.  

  • April 17, 2014

    Cantey Hanger Immune From Fraud Suit, Texas Justices Hear

    Cantey Hanger LLP asked the Texas Supreme Court Thursday to cut it loose from a fraud suit accusing it of helping a client avoid paying taxes on the sale of an airplane at the expense of her ex-husband’s company, arguing it is immune to the litigation.

  • April 17, 2014

    Player In $11M Ponzi Scheme Gets 25-Year Sentence

    A Texas federal judge on Wednesday handed down a 25-year prison sentence to a key player in an $11 million investment fraud scheme and ordered he pay $6.5 million in restitution, the U.S. Department of Justice announced.

  • April 17, 2014

    Gardere's Bid To Cut Ethics Jab From Appellate Ruling Nixed

    A Texas appeals court on Tuesday refused to revise a recent decision that accused attorneys with Gardere Wynne Sewell LLP and a solo practitioner of violating ethical rules by raising a frivolous argument in a lease dispute involving an oil field saltwater disposal company.

  • April 17, 2014

    GM Ducks Demand For 'Park It Now' Notice On Recalled Cars

    A Texas federal judge on Thursday refused to force General Motors Co. to warn consumers against driving the 2.6 million vehicles recalled for faulty ignition switches, finding that to do so would unwisely usurp the National Highway Traffic Safety Administration’s authority.

  • April 16, 2014

    GM's Bankruptcy Shield Bid Will Test Asset Sale Terms

    In turning to a bankruptcy court for cover from an avalanche of lawsuits over faulty ignition switches, General Motors Co. is setting up a high-profile test of whether post-bankruptcy companies should be allowed to rid themselves of product liability claims through a Chapter 11 asset sale without offering plaintiffs anything in return.

  • April 16, 2014

    BP To Divest Texas Panhandle Gas Field

    BP America Production Co. said Wednesday it was going to sell 280,000 gross acres of gas-producing land in the Texas Panhandle, saying the mature field was better suited for a late-life specialist. 

  • April 16, 2014

    EPA, TCEQ Issue First Joint GHG Permit For Texas Plant

    The U.S. Environmental Protection Agency said Wednesday the greenhouse gas permit issued to Equistar Chemicals is the first ever drafted by the Texas Commission on Environmental Quality, as the agencies work together to transition GHG permitting to the state and clear a backlog of requests.

Expert Analysis

  • Construction Defect Coverage Summary For 1st Quarter

    John A. Husmann

    2014 has already yielded several noteworthy decisions from courts examining insurance coverage for construction defect claims. Collectively, these cases have dealt with the “occurrence” requirement, contractual liability exclusion and “other insurance” clauses, all of which are sure to affect stakeholders in the construction industry, say John Husmann and Jocelyn Cornbleet of BatesCarey LLP.

  • Texas Businesses: Take Child Abuse Reporting Seriously

    Stephen J. Roppolo

    Texas law requires people to immediately report any suspected or material circumstances of child abuse to the state's proper authorities. While 47 states require some form of child abuse reporting, Texas law is especially broad and creates serious legal obligations for any person — or business — for turning a blind eye to child abuse, says Stephen Roppolo of Fisher & Phillips LLP.

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • A Quick Guide To East Texas' Fast Track For Patent Cases

    Lionel Lavenue

    Some of the early commentary on the Eastern District of Texas' new alternative case management procedure for patent cases focused on how it might be “bad news” for some nonpracticing entities taking that approach. A deeper dive, however, reveals that, while Track B might benefit parties accused of infringing a patent in some situations, in others, it might even benefit parties asserting their patents, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Lessons And Limitations Of Chadbourne V. Troice

    Fred Isquith

    The U.S. Supreme Court's ruling in Chadbourne & Parke LLP v. Troice is unlikely to have a sweeping effect on securities or class action litigation. However, professions engaged in assisting clients obtain financing will likely change their internal controls to avoid potential problems in the future — we may even see law and accounting firms called into court to justify their actions, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Trending: State High Court Accord On 'Faulty Workmanship'

    Carl Salisbury

    In Arlo Guthrie's classic Thanksgiving ballad, he says that if 50 people a day were to walk into a military psychiatrist's office, sing a bar of "Alice's Restaurant" and then walk out, "then friends, they may think it's a movement. And that's what it is." Strange as it may seem, something akin to the Alice's Restaurant movement is happening in state supreme courts across the country — most recently with the Alabama Supreme Court decision in Owner's Insurance Co. v. Jim Carr Homebuilders LLC, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.

  • Surplus Lines Insurance In Texas: A Dark Horse

    Brad E. Brewer

    Surplus lines coverage is a necessary part of the Texas insurance market, but it is among the least understood sectors of the property and casualty industry. Among other things, surplus lines carriers have more freedom to write policies using nonstandard language, which allows coverage to be better tailored, but which also means that such policies may include language that has never before been interpreted by a court, say Brad Brewer and Jennifer Gibbs of Zelle Hofmann Voelbel & Mason LLP.

  • What's Next For EPA Post-Sackett?

    Jennifer Sulla

    The U.S. Environmental Protection Agency and federal courts are still grappling with the aftermath of the U.S. Supreme Court’s decision in Sackett v. EPA. Neither agency guidance nor the court's ruling addresses whether jurisdictional determinations are final agency actions subject to judicial review, and it remains to be seen whether courts will read Sackett narrowly or broadly, says Jennifer Sulla of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Plaintiff Firm Played Major Role In Kosmos Class Denial

    Kevin M. LaCroix

    What makes a recent denial of a motion for class certification in an investor suit against Kosmos Energy interesting is that the lead plaintiff’s law firm’s portfolio monitoring services and its role in the case were a substantial factor in the conclusion that the plaintiff had not satisfied the adequacy requirement, says Kevin LaCroix of RT ProExec.