The owner of the Houston Astros said in a suit filed Thursday in Texas state court that Comcast Corp. and the ballclub’s former owner, billionaire Drayton McLane Jr., duped him into overpaying for the team and its stake in a regional sports network.
A Babcock & Wilcox Co. affiliate renewed its push Wednesday to keep a $23 billion nuclear weapons contract from going to rival Bechtel Corp., filing a new bid protest over the lucrative deal to manage government nuclear weapons facilities in Texas and Tennessee.
A Texas federal jury on Wednesday found that Morningstar Foods LLC illegally terminated a female employee because of her pregnancy, awarding her more than $200,000 in backpay and for emotional pain and suffering.
BP Exploration & Production Inc. asked the Fifth Circuit on Thursday to force a Louisiana federal judge to stop payments in the oil giant's estimated $9.2 billion settlement of multidistrict litigation stemming from the 2010 Deepwater oil spill, arguing that some claims could be fictitious.
Exxon Mobil Corp. told the Texas Supreme Court on Wednesday that royalty owners who claim they were duped into selling their oil and gas interests for less than they were worth shouldn’t get a new trial after losing a $21 million judgment in a previous appeal.
BP PLC on Wednesday told the Texas Supreme Court it should be covered by Transocean Ltd.’s $750 million insurance policy for the Deepwater Horizon oil spill, arguing that to rule otherwise would create great uncertainty about oil and gas insurance contracts statewide.
Some Dow Chemical Co. entities urged the Fifth Circuit on Wednesday to overturn a district court ruling that the company entered two investment partnerships to create about $1 billion in phony tax deductions, saying tax law doesn't ban transactions that have tax and nontax benefits.
A Texas appeals court reversed a ruling that IBS Asset Liquidations LLC could not compel Servicios Multiples Del Norte SA de CV to arbitrate in a dispute over a contract to install airplane hangars in Mexico, saying Wednesday that Servicios did not show it would suffer prejudice.
The former directors of a collapsed $2.5 billion hedge fund that had invested in commercial mortgage-backed securities said at a hearing in Texas federal court Thursday that the fund investors' class certification should be denied because their claims are too individualized to move forward as a group.
A New York state judge on Thursday sent French press manufacturer Bodum to J.C. Penney Co. Inc.'s home turf in Texas to litigate allegations that the retailer abandoned a promise to build customized Bodum boutiques in its stores like those it had planned for Martha Stewart.
Dutch energy company OCI NV said Thursday that it will build the United States' largest methanol plant in Beaumont, Texas, with a reported price tag of more than $1 billion.
The private equity arm of the Ontario Municipal Employees Retirement System has partnered with existing management to acquire Caliber Collision Centers from private equity firm ONCAP, a unit of Onex Corp., OMERS PE said Wednesday.
A Texas appeals court said Thursday that a former Valerus Compression Services LP executive must arbitrate his claim that he is being unfairly deprived of his stock in the company because of a noncompete agreement he signed.
Federal regulators have forced five oil and gas companies to stop drilling operations in the Gulf of Mexico because they missed a deadline for exhibiting new safety and environmental capabilities required after the massive 2010 Deepwater Horizon explosion and oil spill, the government said Wednesday.
Blackstone-owned hotelier Hilton is substantially increasing the size of its forthcoming multibillion-dollar IPO, while activist investor Daniel Loeb has taken a position worth more than $1 billion in a well-known Asian company.
The Houston Astros told a Texas bankruptcy judge Thursday that the ball club was making some progress toward restructuring Houston Regional Sports Network LP, and Houston Rockets owner Leslie Alexander said he was prepared to step in and buy the troubled Comcast affiliated network if necessary.
Lloyd’s of London urged a Texas appeals court Wednesday to nix a suit brought by Cardtronics Inc. over insurance coverage for a $16 million theft, saying the company was required to first pursue the armored truck company that ripped off Cardtronics’ automated teller machines.
A $3 billion public pension fund told a Texas appeals court Wednesday that the City of Houston is attempting to perform an impermissible audit to justify restructuring the fund and that a sweeping order to produce records to the city should be quashed.
A Delaware bankruptcy judge gave approval on Wednesday for holding company North Texas Bancshares Inc. to auction its interests in Park Cities Bank in a $7.4 million stalking horse transaction over the objections of a slew of unsecured creditors, who argued the deal protections were much too stringent.
Lance Armstrong has settled a $3 million lawsuit brought against him by Nebraska-based Acceptance Insurance in Texas state court, one day before he was scheduled to testify in a deposition on his use of performance-enhancing drugs, an attorney for the insurer said Wednesday.
Practitioners before the Judicial Panel on Multidistrict Litigation should note that the basis for denying or granting MDL motions is not unique to an industry or set of cases. Rather, patterns regarding the denial and grant of MDL motions — such as the recent denial of two new food industry MDL proceedings arising from “All Natural” marketing campaigns — cut across industry lines and have certain common characteristics, says Alan Rothman of Kaye Scholer LLP.
Despite recent efforts, shortcomings in the nation’s trade secret strategy continue to stand out. The absence of a federal civil trade secret statute has allowed for the inconsistent application of protections crucial to American business. The Uniform Trade Secrets Act is at best a partial fix, says David Almeling of O’Melveny & Myers LLP.
The Fifth Circuit's recent decision in Lone Star National Bank NA v. Heartland Payment Systems Inc., and the First Circuit’s July 2012 decision in Patco Construction Co. v. People’s United Bank, may help define the standard of care that businesses owe other businesses in connection with cybersecurity, say Edward McNicholas and Catherine Valerio Barrad of Sidley Austin LLP.
Due to the increasing role of in-house counsel as business strategists, courts are more closely scrutinizing the attorney-client privilege as it applies to in-house counsel. As such, it is important for in-house counsel to make every effort to protect the attorney-client privilege — and a number of best practices may prove pivotal, says Kimberly Moore of Strasburger & Price LLP.
In most jurisdictions, the “baseball rule” of limited liability has protected stadium owners and operators for decades, making it all but impossible for a fan to recover when struck by a batted ball. But a Texas plaintiff wants to change the rules of the game and is now down to her last strike, say Matthew Kelly Jr. and Samuel Silver of Schnader Harrison Segal & Lewis LLP.
The Fifth Circuit recently withdrew its prior decision reversing the initial denial of additional insured coverage for BP's subsurface pollution liability arising out of the Deepwater Horizon incident and has certified two issues to the Texas Supreme Court. With this surprising turn of events, parties are well advised to ensure that the terms of their policies are consistent with their expectations for coverage, irrespective of the terms of any other contract, says Micah Skidmore of Haynes and Boone LLP.
While inspecting employers' pay practices to ensure compliance with the often-Byzantine wage-and-hour laws, the U.S. Department of Labor is, among other things, looking for employees who have been misclassified as independent contractors. To the extent possible, avoid providing equipment or other facilities, such as office space or company email accounts, to your contractors, say Dennis Clifford and Esteban Shardonofsky of Seyfarth Shaw LLP.
The Texas Supreme Court's recent decision in Texas Commission on Environmental Quality v. City of Waco has far-reaching implications on the commission's processing of water quality permit applications and strengthened discretion over contested hearing requests on such applications, say Leonard Dougal and Kate Wright of Jackson Walker LLP.
The Fifth Circuit's recent decision in Steury v. Cardinal Health, rejecting the relator's argument that the contractor falsely certified compliance with the defective device's warranty of merchantability, shows that relators bringing False Claims Act claims with only general allegations will find it extremely difficult to prevail, say Lisa Davis and Jennifer Hennessy of Quarles & Brady LLP.
The Texas Supreme Court ended four years of uncertainty by holding in In re Toyota Motor Sales USA Inc. and Viscount Properties II LP that orders for new trial will be subject to merits-based review by appellate courts. A concurring opinion, however, attempts to limit the scope of the holding, says H. Victor Thomas of King & Spalding LLP.