Kinder Morgan Inc. was hit with a suit in Texas court Thursday by a shareholder who says the midstream giant mischaracterized capital expenses incurred by its pipeline unit in order to draw billions in cash distributions.
Verizon Communications Inc. on Friday asked a Texas federal judge to dismiss again claims from a class of retirees who allege their savings were put at risk when the company transferred $7.4 billion in pension obligations to Prudential Insurance Co. of America.
A Texas appeals court on Thursday ordered mediation for Akin Gump Strauss Hauer & Feld LLP as the firm defends a win over claims that it defrauded a Native American casino and resort developer by taking millions in legal fees while the developer went unpaid.
A Texas appeals court was asked Thursday to reconsider its decision that a foreign real estate investor lacking state business registrations cannot pursue litigation against Davis Cedillo & Mendoza Inc. for allegedly facilitating a secret $1.4 million loan the investor’s ex-partner secured against joint venture assets.
By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.
Two motion picture studios filed a trademark infringement suit Thursday in Texas federal court accusing adult entertainment conglomerate Rick's Cabaret International Inc. of infringing intellectual property rights tied to the 2006 film “Talladega Nights: The Ballad of Ricky Bobby,” with its motor-sports-themed Ricky Bobby restaurant.
BlackBerry Ltd. has sold a six-building campus in Texas that served as its U.S. headquarters to Toronto-based Brookfield Property Group for an undisclosed amount, it was announced Friday, as the struggling smartphone maker continues to shed assets to right itself amid dismal earnings.
H.J. Heinz Co. took a Texas sauce maker to federal court on Thursday over the design of ketchup bottles that the condiment king believes are infringing the protected trade dress of its own iconic ketchup bottle.
A Texas woman involved in a class action against a so-called revenge porn website launched another suit in Texas federal court Thursday, claiming the sexually explicit images are now hosted on another site, and Google Inc. and Yahoo Inc. continue to link to the photos.
A Texas federal judge refused Thursday to toss a qui tam complaint accusing a U.S. Air Force contractor of cheating the government out of $50 million, after deciding the company may have known about the wrongdoing alleged by an ex-employee.
A commercial real estate investor told the Texas Supreme Court on Wednesday that a $52.6 million verdict he scored after his former partner allegedly stole his interest in a joint venture was improperly thrown out when an appeals court rejected testimony about the value of the business.
The U.S. Environmental Protection Agency is committed to rolling out regulations for coal-fired power plants later this year that will reduce carbon emissions without threatening energy reliability or impairing the industry’s ability to turn a profit, the agency’s head regulator said Thursday at a Texas energy conference.
A Texas lawmaker asked the state attorney general's office for a formal opinion finding that plastic bag bans enacted by Austin and eight other Texas cities violate state law, according to a letter released Thursday.
A case alleging Greenberg Traurig helped a woman's late husband hide his business assets in the course of their divorce proceedings must remain in Texas federal court after a federal judge on Wednesday refused to send the case back to state court.
As the mayhem of the South by Southwest festival descends on Austin, Texas, local law firms are gearing up to make the most of the influx of venture capitalists, major tech companies and buzzed-about startups in one of the best business development opportunities they have all year.
Florida-based Carter Validus Mission Critical REIT Inc. has nabbed the newly constructed Walnut Hill Medical Center in Dallas for $99.4 million, bringing the value of its health care-specific portfolio of assets to $479.8 million, according to a Thursday statement.
The Fifth Circuit refused Wednesday to revive Racketeer Influenced and Corrupt Organizations Act suits in which Louisiana and Texas counties accused banks of defrauding them through Mortgage Electronic Registration System Inc., ruling that the complaints didn't allege an injury to business or property.
An assisted living facility on Wednesday asked the Texas Supreme Court to toss a ruling in a defamation suit that held that a business-transaction exemption to a state law protecting free speech did not apply to newspaper articles describing poor conditions and Medicaid fraud at the facility.
The U.S. government asked a Texas federal judge Wednesday to dismiss a majority of the charges against a spokesman for hacker organization Anonymous, including the charge that he transferred stolen property by posting a link to a website containing hacked documents.
A defense attorney implicated in a judicial bribery scandal that led to the resignation of a Texas district court judge has entered into a plea deal over allegations that he arranged for payoffs in exchange for bond reductions for his clients, according to a Wednesday media report.
Commentators agree that the U.S. Supreme Court’s “sweeping” and “landmark” decision in Daimler AG v. Bauman will severely limit a plaintiff’s forum selection options. Yet, that may not be Bauman’s most enduring legacy. Rather, the decision’s greatest impact, especially on Texas, could very well be the shrinking of the scope of jurisdictional discovery — based on one footnote buried deep in the majority opinion, says Jamin Soderstrom of Reynolds Frizzell Black Doyle Allen & Oldham LLP.
For a policyholder impacted by a damaging storm, hurricane or similar catastrophic event, a critical step in the process of seeking business interruption coverage is to evaluate whether the claimed loss is causally connected to insured physical damage. This step is often the “missing link” in business interruption claim submissions, but fortunately, courts around the country have provided helpful guidance, says Thomas Cook Jr. of Zelle Hofmann Voelbel & Mason LLP.
Given the breadth of California's anti-strategic lawsuit against public participation statute, the number of complex issues already addressed by California courts, and the sheer number of opinions issued, California is well positioned to lead the way as other states — such as Oregon, Nevada and Texas — attempt to define the scope of their own anti-SLAPP provisions, say Frank Broccolo and Laura Richardson of Sidley Austin LLP.
The Fifth Circuit’s recent ruling in construction case Woodward v. Acceptance Indemnity Insurance Co. demonstrates that whether an additional insured is entitled to a defense will depend on the additional-insured endorsement. Moreover, the ruling — that an insurer can restrict coverage by excluding liability for injury or property damage occurring after work is completed — holds potential application for both additional insureds and named insureds, say Virginia White-Mahaffey and Mary Woodson Poag of Steptoe & Johnson LLP.
Since the issuance of a U.S. Securities and Exchange Commission no-action letter that allows mergers and acquisitions brokers to receive transaction-based compensation without registering as brokers, a number of questions have been raised — including applicability of the relief in the private equity and venture capital context. Meanwhile, state regulators are currently considering the ramifications of the letter, say attorneys with Crowell & Moring LLP.
By recently dismissing a major antitrust consumer class action accusing U.S. hotel companies and online travel agencies of a conspiracy to fix hotel room pricing, a Dallas federal court has rejected a novel theory that antitrust laws require a company to compete against itself, and has accepted the widespread usage of most-favored-nation clauses in distribution agreements, say Lindsay Harrison and Kelly Morrison of Jenner & Block LLP.
Nonparty discovery allows parties to go straight to the source and request information from someone with no skin in the game, but the rules are not always clear-cut. For example, Texas requires that “discovery requests, deposition notices and subpoenas” on nonparties be filed in court, which may come as a surprise as the federal rules contain no such requirement, says Lindsey Bruning of Zelle Hofmann Voelbel & Mason LLP.
Texas' adoption of the Texas Uniform Trade Secret Act — coupled with the state appellate courts' acceptance of a "probable disclosure" doctrine — means Texas may be relatively friendly toward employers' requests for injunctive relief against former employees who are likely to use their trade secrets in the employ of a competitor, say David Harper and Michelle Jacobs of Haynes and Boone LLP.
In In re Denver Merchandise Mart, the Fifth Circuit held that a lender’s acceleration due to a borrower’s payment default did not trigger a prepayment premium, although, it would not be “difficult to achieve that goal” — suggesting that a court’s willingness to find in favor of a lender’s right to recover a make-whole premium will be bolstered by clear and unambiguous language in the governing documents, say Michael Cook and Jonathan Kurland of Schulte Roth & Zabel LLP.
The Fifth Circuit’s decision in Asadi v. GE Energy is the first decision from an appellate court to address who qualifies as a whistleblower under the Dodd-Frank Act, yet it remains out of step with lower court decisions. The Asadi decision incorrectly placed its emphasis on the U.S. Securities and Exchange Commission, rather than on employers who violate securities law themselves, say Nicholas Woodfield and Scott Oswald of The Employment Law Group PC.