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Texas

  • November 15, 2018

    Inside Icahn's Battle Over Dell's VMware Stock Swap

    Activist investor Carl Icahn is digging in his heels over Dell's plans to buy back a tracking stock tied to subsidiary VMware and relist itself in the process, in a battle reminiscent of the activist investor’s efforts to derail a private equity-backed take-private of the tech giant five years ago. Here, Law360 recaps the turbulent history between Icahn and Dell.

  • November 15, 2018

    5th Circ. Orders New Trial For Worker Fired After Injury

    The Fifth Circuit on Wednesday ordered that Hunter Buildings & Manufacturing LP face a new trial over a former employee’s claim that he was fired for seeking workers’ compensation after being hurt in a scaffold collapse, saying a lower court didn’t properly explain its ruling in the employer’s favor.

  • November 15, 2018

    Buc-ee's, Rival Store Agree To Drop Logo Suit

    Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.

  • November 15, 2018

    Texas Builder Loses Bid To Ax Injunction In Water Code Row

    An order barring the developer of a 770-acre planned community north of San Antonio from adding more “impervious cover” to the property was upheld Thursday by a Texas appellate court, which agreed that landowners downstream had shown increased stormwater runoff would harm them.

  • November 14, 2018

    Saudi Heirs Fight Chevron's Bid To Nix $18M Arbitral Award

    The heirs of two Saudi sheikhs urged a California federal court Tuesday not to toss their suit to confirm an $18 billion arbitral award against Chevron over an oil field development agreement, arguing the oil giant's claims the arbitration was a "sham" are part of its efforts to discredit everyone involved.

  • November 14, 2018

    KKR, Macquarie Say Auction-Rigging Claims Merit Dismissal

    KKR & Co. Inc. and the Australian investment bank Macquarie told a New York state appeals panel on Wednesday that a lower court erred by failing to dismiss claims that they rigged an auction for 11 Texas apartment complexes, saying their accuser did not follow auction rules.

  • November 14, 2018

    Energy Co. Hits Ch. 11 Alleging Predatory Takeover Scheme

    All American Oil & Gas Inc. has hit Chapter 11 with roughly $142 million in debt, telling a Texas bankruptcy court it was the victim of a “predatory loan-to-own scheme” orchestrated by two men who began buying up its debt after they were fired from the debtor’s longtime investment bank.

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Insurance Trustee Fined $370K For Suing Life Partners

    A Texas bankruptcy court on Tuesday imposed more than $370,000 in fines and held in contempt a life insurance trustee who violated a court order not to launch new litigation over the ownership of insurance policies that were bought by Life Partners Holdings Inc.

  • November 14, 2018

    Texas Court Spikes Med-Mal Claim Over Vague Expert Report

    A Texas appeals court held Tuesday that a trial court erred when it declined to dismiss a malpractice suit against an orthopedic surgeon who allegedly failed to prevent a bacterial infection, saying an expert report did not support the claims.

  • November 14, 2018

    Carpatsky Gets Win In Ukranian Co.'s Contract Breach Suit

    A Texas federal judge has granted a win to Carpatsky Petroleum Corp. in a long-running dispute initiated by a Ukrainian oil company over a soured oil and gas development deal, ruling that a $147 million arbitral award issued in the U.S.-based company’s favor precludes the Ukrainian company’s claims.

  • November 14, 2018

    Texas Panel Tosses Claim Doc Tricked Mistress Into Abortion

    The former mistress of a doctor cannot bring claims alleging that the doctor lied to her about the health of the baby she was carrying and tricked her into getting an abortion because those are health care liability claims that needed an expert report to proceed, a Texas appellate court held Wednesday.

  • November 14, 2018

    AGs Can Try To Oppose Doctors' Settlement, NJ Judge Says

    Attorneys general from five states are allowed to file briefs challenging an $84 million class action settlement they say denies doctors the ability to pursue individual monetary damages over an American Osteopathic Association policy that ties board certification to membership, a New Jersey federal judge ruled Tuesday.

  • November 14, 2018

    Amrock Says Fraud Led To $706M IP Verdict, Seeks New Trial

    Amrock, formerly known as Title Source Inc., has asked a state district court judge in Texas to order a new trial in its dispute with HouseCanary Inc. that resulted in it being slammed with a $706 million verdict, alleging an extensive fraud led to the result.

  • November 14, 2018

    BALCA Rejects Construction Co.'s Bid To Hire H-2B Workers

    The Board of Alien Labor Certification Appeals refused Tuesday to revive a Texas construction company’s bid to hire foreigners as carpenter helpers on H-2B visas, finding the company had not met the relevant standards or shown sufficient need for the extra labor.

  • November 14, 2018

    4 Firms Steer $360M Sabre Deal For Travel Tech Co. Farelogix

    Travel-focused technology company Sabre Corp. on Wednesday said it will buy private-equity backed tech firm Farelogix in a $360 million deal, with Hogan Lovells US LLP and Axinn Veltrop & Harkrider steering the buyer and Paul Weiss Rifkind Wharton & Garrison LLP and Greenberg Traurig LLP guiding the Miami-based seller.

  • November 14, 2018

    In Leap To Plaintiffs Boutique, Munger Vet Makes Rare Move

    It's uncommon for attorneys to jump from the world of defending corporations in bet-the-company litigation to pursuing those same suits, but former Munger Tolles & Olson LLP partner Marc Dworsky has made that 180-degree turn and says he's thrilled with the decision.

  • November 13, 2018

    Mom Of 'Frack Master' Sanctioned $10K Over Receiver Suit

    The mother of self-described "frack master" Christopher Faulkner will pay a $10,000 sanction after misrepresenting a state lawsuit she filed against a court-appointed receiver that already resulted in a contempt finding against her, a Texas federal judge said Tuesday.

  • November 13, 2018

    Pharma Co. Shakes Texas Securities Suit In Post-Cyan Ruling

    A Texas judge permanently tossed an investor suit alleging pharmaceutical company XBiotech and its underwriters misled investors about its progress in clinical studies for its flagship product, in what is among the first dismissals of a Section 11 securities class action in a state court after the U.S. Supreme Court's Cyan ruling.

  • November 13, 2018

    2 Sentenced For Crimes Including Attempted Murder Of Judge

    Two men have received separate sentences of 25 and 17½ years in prison for their roles in a series of crimes that began with wire fraud and culminated in the November 2015 attempted murder of a judge in Texas overseeing their case, the U.S. Department of Justice said Tuesday.

Expert Analysis

  • Opinion

    Texas Hail Bill Leads To Policyholder Attorney Hail Marys

    Brian Odom

    With the anticipated wave of insurance litigation involving Hurricane Harvey disputes, it's likely that Texas lawyers will look to circumvent the so-called Hail Bill. Courts should continue to enforce the bill's clear intention — promoting early resolution of disputed weather-related insurance claims, say Brian Odom and Raven Atchison of Zelle LLP.

  • 5th Circ. Weighs In On Sentencing Enhancements

    Mario Nguyen

    ​​Escaping sentencing enhancements​ is​ highly unlikely, and the defendant convicted of bank fraud in U.S. v. Miller is no exception​.​ But​ ​t​he Fifth Circuit’s opinion clarifies some legal standards and provides insight into the application of ​these ​enhancements​, says Mario Nguyen of Locke Lord LLP.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.

  • Putting The Brakes On Construction Defect Suits In Texas

    Pierre Grosdidier

    In conjunction with Texas' litigation-curbing measures introduced in 2015, a state appellate court's recent decision in Mosaic v. 5925 Almeda, denying a condo owners association standing to sue for construction defects, may reduce the number of such lawsuits, says Pierre Grosdidier of Haynes and Boone LLP.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Prospects For Tax Policy In A Divided Post-Election Congress

    Evan Migdail

    The outcome of next week's election remains uncertain, but it is possible to predict some of the policy changes and legislative initiatives likely to arise during lame duck and 116th congressional sessions if Democrats regain a majority in the House of Representatives, say Evan Migdail and Melissa Gierach at DLA Piper LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Potential Shift On OSHA Multi-Employer Policy At 5th Circ.

    Jon Paul Hoelscher

    With its upcoming decision in Acosta v. Hensel Phelps Construction, the Fifth Circuit could overrule a 37-year-old decision that made the Occupational Safety and Health Administration’s multi-employer policy unenforceable, imposing far-reaching impacts on risk allocation and safety programs, says Jon Paul Hoelscher of Bradley Arant Boult Cumming LLP.