A German private equity firm asked the Texas Supreme Court Friday to revive a $780 million suit against AT&T Inc. over the telecommunication giant’s failed bid to buy T-Mobile USA Inc., saying its claims are allowed under state law even though the deal collapsed.
Texas on Tuesday asked the Fifth Circuit for an emergency stay of a federal judge’s ruling striking down part of the state’s abortion law as unconstitutional and requesting the appeal be heard in January, arguing the district court decision used an improper standard of review.
Petrobras is edging toward a $2 billion deal to send its Peruvian assets to China's biggest energy company, while the banks that own Incisive Media are considering finding a buyer for the London publisher.
Dell Inc. delisted its shares from the public markets at the close of Tuesday trading, making official a controversial $24.9 billion buyout by its namesake founder and Silver Lake Partners that stirred up several months of shareholder blowback.
A Texas state judge on Monday trimmed some claims Highland Capital Management LP’s former head of private equity and distressed debt made against the hedge fund firm and related entities, but refused requests to entirely dump claims for breach of fiduciary duty and conversion.
A Texas federal jury on Thursday found that Roche Diagnostic Corp. hadn’t discriminated against a former sales manager who’d alleged the company fired him as part of a companywide plan to replace sales managers with younger workers.
The Dow Chemical Co. on Friday targeted the former owners of a Superfund site in Texas over alleged violations of the Comprehensive Environmental Response Compensation and Liability Act, seeking to recover the costs of treating the environmental damage at the site.
A Texas federal judge on Monday refused to grant a new trial to payment technology company Hypercom Corp., which had been ordered to pay rival CardSoft Inc. more than $2.2 million after a jury found it had infringed two of CardSoft's patents for secure electronic communications, saying there was adequate evidence to support the jury's verdict.
A Texas federal judge on Monday partially blocked implementation of a controversial set of abortion restrictions the day before they were set to take effect, finding a requirement that doctors who perform abortions must have admitting privileges at nearby hospitals unconstitutional.
Lauding its success with its patent assertion and monetization business model, CopyTele Inc. announced Monday it settled its patent infringement suit in Texas federal court against Alaska Air Group Inc. with a licensing agreement to cover its frequent flyer program technology.
BP PLC and several subsidiaries and former executives asked a Texas federal judge on Friday to nix the only claim left standing in a securities fraud lawsuit lodged by three public pension funds in the aftermath of the Deepwater Horizon explosion.
The state of Texas on Friday asked a federal judge to dismiss a consolidated case accusing Texas and its officials of disenfranchising minority groups with a state voter-identification law, saying the complaints contain no plausible allegation that the law is racist.
The Fifth Circuit on Monday affirmed a district court’s denial of a convicted Medicare fraudster’s attempts to dismiss an indictment on the grounds that it violated the double jeopardy clause of the U.S. Constitution, finding that the allegations in the most recent suit covered a separate conspiracy.
Dallas-based Crosstex Energy LP and Crosstex Energy Inc. announced Monday that they will invest approximately $140 million in building a new natural gas processing complex and rich gas gathering pipeline system in the Permian Basin.
Following an acrimonious debate, the Texas Public Utility Commission on Friday said the state should adopt a mandatory reserve margin for its electrical supply, a move viewed by regulatory attorneys as the first step toward creating a controversial capacity market that would subsidize power generation.
The U.S. Environmental Protection Agency on Friday gave the green light to a Texas air quality plan that would force older facilities to shut down unless they operate with new emission control equipment.
Fresh off his victory in a U.S. Securities and Exchange Commission insider trading trial, Mark Cuban published a blog post Friday criticizing former SEC enforcement chief Linda Thomsen over an internal 2007 email in which she referred to unflattering photographs of the Dallas Mavericks owner as “charming.”
The Texas Supreme Court on Friday reversed a court of appeals’ judgment affirming reformed attorneys’ fees for defendants who won an eminent domain case against the city of Laredo, saying they lacked sufficient proof to support their awarded fees.
Texas-based Pioneer Natural Resources Co. said Friday that it will sell its Alaska unit to privately-held Caelus Energy LLC for $550 million as part of its efforts to focus on its core oil assets in the Permian Basin of West Texas.
The leaders of 26 city and state chambers of commerce on Thursday joined in the growing chorus of stakeholders voicing support for the proposed merger of American Airlines Inc. and US Airways Group Inc. and urged Attorney General Eric Holder to settle the lawsuit currently stymieing the deal.
A survey of local rules for courthouses with available Wi-Fi has shown that no courts expressly prohibit the use of Internet by lawyers to gain information about the venire. Interestingly, at least one appellate court has held that it was error not to allow counsel to access the Internet during jury selection, say Derek Sarafa and William O'Neil of Winston & Strawn LLP.
In addition to holding regulators vicariously liable under the Endangered Species Act, the Aransas Project v. Shaw decision portends significant implications for any entity that obtains water under an appropriative water rights system. If upheld by the Fifth Circuit, the rationale by the Southern District of Texas could also extend to groundwater conservation districts that issue drilling permits for groundwater, say attorneys with Sedgwick LLP.
Early neutral evaluation usually asks a retired judge to consider one party’s case, as if preparing to rule on summary judgment or presiding over a bench trial. Effective evaluation can supply a reality check on a case — it gives the lawyer the gift of seeing the case as others see it, says James Rosenbaum, a panelist with JAMS and former U.S. district judge for the District of Minnesota.
While the facts of FTC v. PCCare247 Inc. in the Southern District of New York are unique, this case and recently proposed Texas legislation may signal a U.S. trend toward considering, in appropriate circumstances, the use of social media to reach foreign litigants, says Jason Gonder of Haynes and Boone LLP.
The U.S. Environmental Protection Agency recently proposed a state implementation plan requiring 36 states to revise their provisions governing excess emissions associated with emission unit or control device startups, shutdowns and malfunction events. The agency has effectively offered to split the difference between the goals of environmental groups and industry, says Stacie Fletcher of Gibson Dunn & Crutcher LLP.
The Fifth Circuit’s recent decision in In re Texas Grand Prairie Hotel Realty sends a clear warning to secured creditors seeking to object to a proposed cramdown rate — don’t limit yourself to the “prime-plus” formula from the U.S. Supreme Court's decision in Till or you will likely be forced to accept an interest rate calculated by taking the national prime rate and adding a “smallish number picked out of a hat," says James Grogan of Paul Hastings LLP.
The lessons of the Northern District of California ruling in Galaviz v. Berg inform that corporations will do well to ensure that shareholders consent to the adoption of a forum selection provision within their governing documents. This can be achieved in a few ways, says Onome Okpewho of McCarter & English LLP.
Given the strong public policy considerations against nonparty discovery in arbitration proceedings, considerations that have split the federal court system over whether it is ever allowable, Texas courts should be particularly mindful of protecting nonparties when someone is trying to compel them to participate in a private proceeding to which they never agreed, says Adam Schramek of Fulbright & Jaworski LLP.
One of the most fascinating facets of watching the Judicial Panel on Multidistrict Litigation is trying to guess not simply whether an MDL will be created, but where it will be located. Take, for example, In re Mirena IUD Products Liability and Marketing Litigation, slated to be heard at the March 21 hearing, says Alan Rothman of Kaye Scholer LLP.
The Fifth Circuit decision in Western Real Estate Equities LLC v. Village at Camp Bowie I LP may renew debate among the circuit courts and bankruptcy courts regarding how far a plan proponent may go in engineering an impaired class of creditors to cram down a plan, say Luc Despins and Robert Winter of Paul Hastings LLP.