Texas

  • October 26, 2021

    Seadrill Gets Nod For Ch. 11 Plan That Drops $4.9B Of Debt

    A Texas bankruptcy judge on Tuesday confirmed offshore oil driller Seadrill Ltd.'s reorganization plan, which will reduce its liabilities by $4.9 billion and allow it to exit Chapter 11 bankruptcy proceedings in 60 day, the company announced.

  • October 26, 2021

    VideoShare Says 10 Hours Is Too Short For Google IP Trial

    VideoShare LLC said there is "no possible way" that a 10-hour time limit on testimony at trial will allow it to competently present its case that Google and YouTube infringe its video-sharing patent, objecting Tuesday to U.S. District Judge Alan D. Albright's scheduling order.

  • October 26, 2021

    Penske Urges Judge To Prevent 'Chaos' In Pension Suit

    Penske urged an Illinois federal judge Tuesday to stop a pension fund from expelling its Dallas bargaining unit and forcing the company to incur millions in withdrawal liability, arguing any action by the fund would send already tense contract negotiations into "complete chaos."

  • October 26, 2021

    Wind Farm Says JPMorgan Can't Rush Force Majeure Fight

    A wind farm has told a Texas federal court JPMorgan Chase Bank is jumping the gun in asking the court to rule on whether a deadly winter storm triggered the force majeure exception to their power supply contract, arguing more discovery is needed before the court should decide the issue.

  • October 26, 2021

    Texas Justices Mull Liability For $400K Check-Fraud Scam

    Cadence Bank told the Texas Supreme Court in oral arguments Tuesday that if it left in place lower court rulings freeing from liability an attorney who fell victim to a $400,000 check-fraud scam, it could create an environment in which banks are reluctant to make funds available in a timely manner.

  • October 26, 2021

    Albright Ships Solar Power IP Suit From Texas To SDNY

    FTC Solar can move a patent infringement lawsuit lodged against it over solar technology from Texas to New York after U.S. District Judge Alan Albright found that its license agreement with FCX Solar favors shipping the case off to the Southern District of New York.

  • October 26, 2021

    DC Circ. Says Texas Can't Intervene In Migrant Policy Suit

    The D.C. Circuit on Tuesday denied Texas' bid to intervene in a challenge to the federal government's use of a public health law to expel migrant families, after the state argued it had a stake in protecting its residents from the coronavirus.

  • October 26, 2021

    Netflix Must Face Patent Suit In EDTX, Gilstrap Rules

    Netflix will have to face a patent dispute brought by business-to-business software company CA Inc. in Texas instead of the streaming giant's preferred venue of California, Eastern District of Texas Judge Rodney Gilstrap has ruled.

  • October 26, 2021

    Construction Co. Urges Texas Justices To Undo $1.1M Award

    The Texas Supreme Court on Tuesday zeroed in on whether it should apply substantial compliance or strict compliance in reviewing the contracts underlying a $1.1 million dispute over a soured deal to build a Louisiana chlor-alkali plant.

  • October 26, 2021

    Feds Unveil Massive 'Darknet' Opioid Trafficking Takedown

    The U.S. Department of Justice and European law enforcement on Tuesday announced a sweeping bust of 150 alleged "darknet" drug dealers that yielded troves of pills, guns and nearly $32 million in cash and cryptocurrency.

  • October 26, 2021

    Gilstrap Holds Top Spot For Pandemic-Era Jury Patent Trials

    Texas has seen the most patent jury trials during the COVID-19 pandemic, with Eastern District of Texas Judge Rodney Gilstrap holding the most trials since August of last year, according to a new report by Baker Botts LLP.

  • October 26, 2021

    5th Circ. Allows Texas Co.'s E-Cigs To Stay On Market

    A Fifth Circuit panel on Tuesday said a Texas e-cigarette maker could continue to market its flavored products, despite the U.S. Food and Drug Administration's recent denial order, finding the agency "simply ignored" the company's marketing plan.

  • October 26, 2021

    Stanford Investors Fight $45M Interest On Receiver Clawback

    A group of Stanford International Bank investors asked the Fifth Circuit to reverse a $45 million interest award that a lower court tacked onto a $79 million fraudulent transfer clawback by the receiver appointed after Stanford's Ponzi scheme collapsed.

  • October 26, 2021

    5th Circ. Told To Stand By Nixing Of Texas Latex Dancer Fee

    The Fifth Circuit should reject a rehearing bid filed by the Texas comptroller to reconsider its finding that a rule imposing a fee on clubs whose dancers cover themselves with liquid latex was unconstitutional, an adult entertainment business association said.

  • October 26, 2021

    Texas Panel Ends Ex-UT Doctor's Age Discrimination Suit

    A Texas appeals court on Tuesday said a hospital affiliated with the University of Texas has sovereign immunity against age discrimination claims brought by a former physician, overturning a lower court.

  • October 26, 2021

    Full Dallas Appeals Court Debates ERCOT Immunity Status

    A full state appellate court on Tuesday attempted to decode Texas statutes related to the state's primary electricity grid operator, the Electric Reliability Council of Texas Inc., to determine whether the private nonprofit organization is an arm of the government that can be immune from litigation.

  • October 26, 2021

    3 Firms Rep Crestwood's $1.8B Midstream Energy Biz Buy

    Crestwood Equity Partners LP said Tuesday it's buying Oasis Petroleum Inc.'s publicly traded unit Oasis Midstream Partners in a $1.8 billion cash-and-stock deal guided by three law firms.

  • October 26, 2021

    Husch Blackwell Scoops Up Lewis Brisbois Labor Leader

    A leading employment attorney at Lewis Brisbois Bisgaard & Smith LLP has joined Husch Blackwell LLP as a partner in Dallas, the firm announced on Monday.

  • October 25, 2021

    Texas Judge Won't Block State's Delta-8 THC Ban, For Now

    A Texas judge has rejected a CBD company's request for a temporary restraining order on the state's ban on delta-8 THC, leaving it in place as a lawsuit proceeds against the state's health department over how it purportedly rescheduled delta-8 onto the controlled substances list.

  • October 25, 2021

    Texas Jury Awards $353M To Airport Worker Struck By Van

    A Texas state jury hit Allied Aviation Fueling Co. of Houston Inc. and one of its drivers with a $352.8 million verdict Monday, finding that they were responsible for the paralysis of a United Airlines worker who was struck by an Allied van at Houston's Bush Intercontinental Airport.

  • October 25, 2021

    Ex-Tech GC Gets Access To Company Docs Ahead Of Trial

    A Texas state judge on Monday ordered battery technology firm Microvast Inc. to hand over stock option agreements signed by several employees ahead of trial with its former general counsel, who claims that he was denied his own stock options in the company.

  • October 25, 2021

    With Jab At Fed. Circ., Albright Ships IP Case To California

    U.S. District Judge Alan Albright on Monday granted a motion by semiconductor company Microchip Technology Inc. to transfer a patent infringement suit against it by HD Silicon Solutions LLC to California, citing recent Federal Circuit decisions reprimanding the Texas judge for failing to grant transfers.

  • October 25, 2021

    Beer Biz Says Language Barrier Can't Beat Arbitration Clause

    A wholesale beer distributor has asked a Texas appellate court to send to arbitration the injury claims of a Spanish-speaking employee, arguing a trial court wrongly let the claims proceed in court after the injured man alleged the arbitration agreement was unconscionable.

  • October 25, 2021

    Federal Judges Face Stricter Trade Disclosures Under New Bill

    Newly proposed bipartisan legislation would hold federal judges to stricter stock trading disclosure requirements, requiring them to report any securities transactions of more than $1,000 for publication in a new online database, a group of lawmakers announced Monday.

  • October 25, 2021

    Pension Fund Fights Penske's Suit Over Ouster Of Workers

    A Penske employee pension plan on Monday encouraged an Illinois federal judge to toss what it called a premature lawsuit from the rental truck company seeking to block the expulsion of a bargaining unit amid contract negotiations, explaining it hasn't made an expulsion decision yet.

Expert Analysis

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • Opinion

    State Crypto Lending Concerns Point To SEC Action Ahead

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    A growing mix of states have issued enforcement actions and raised concerns around cryptocurrency lending programs, highlighting the inevitability of a U.S. Securities and Exchange Commission sweep of unregistered crypto platforms offering digital lending products, says cybersecurity consultant John Reed Stark.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • State Actions Put Federal Contractors In COVID Vaccine Bind

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    As state-level efforts — such as an executive order in Texas and a new law in Arkansas — aim to counteract President Joe Biden’s COVID-19 vaccination mandates, government contractors are caught in a whipsaw because complying with both sets of requirements is not possible, says Karla Grossenbacher at Seyfarth.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • How To Overcome Procedural Hurdles Of Texas Abortion Law

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    Charles Rhodes at South Texas College of Law and Howard Wasserman at Florida International University College of Law outline four strategies to challenge Texas’ new fetal heartbeat law in federal court, arguing that despite widespread alarm, the statute does not eliminate traditional mechanisms of judicial review.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

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    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

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