Texas

  • November 21, 2017

    Texas Man Gets 4 Years For $6.4M Diamond Fraud Scheme

    A Texas federal judge on Tuesday ordered a Dallas businessman to forfeit about $3.79 million together with two co-conspirators in a diamond investment fraud scheme, also sentencing him to nearly four years in prison and two years of supervised release.

  • November 21, 2017

    3 Key Issues In DOJ's AT&T-Time Warner Merger Complaint

    The U.S. Department of Justice upended conventional wisdom with its lawsuit Monday claiming that the vertical integration of AT&T Inc.'s DirecTV distribution network with Time Warner Inc.'s must-have content would lead to hundreds of millions of dollars worth of price increases and squelch innovative competition in digital video distribution.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

  • November 21, 2017

    Bet-The-Business Merger Trial? O'Melveny Gets Tapped Again

    As the government tries to block AT&T from buying Time Warner in what could be the first merger trial under the new administration, the telecom giant has put its hopes for a digital content future in the hands of a firm that's been no stranger to courtroom faceoffs in the last decade. Here, Law360 looks at the biggest challenges O'Melveny & Myers LLP has defended in recent years.

  • November 21, 2017

    Del. Court Nixes Committee Delay For M&G USA Sale Hearing

    A Delaware bankruptcy judge declined Tuesday to postpone a Dec. 11 sale hearing for M&G USA Corp.’s $1.7 billion Chapter 11, but delayed for 10 days a final hearing on the global plastic resin supplier’s $100 million debtor-in-possession loan.

  • November 21, 2017

    Oncor Stakeholder Goes After NextEra For $72M Breakup Fee

    A minority shareholder in Texas utility Oncor Electric Delivery Co. LLC told the Delaware Chancery Court on Monday that NextEra Energy owes it $72 million as a breakup fee for a merger shot down by state regulators.

  • November 21, 2017

    AT&T-Time Warner Judge Is No Stranger To Mega-Mergers

    The U.S. Department of Justice’s challenge of AT&T’s planned Time Warner purchase was assigned to Senior Judge Richard J. Leon on Tuesday, a D.C. district judge with extensive antitrust experience who required extra conditions before greenlighting the government’s settlement with Comcast for its NBC Universal deal.

  • November 21, 2017

    Lead Counsel Appointed In Hurricane Harvey Flood Suits

    A federal judge in a flurry of orders Monday appointed four groups of lead counsel to steer claims brought by the thousands of homeowners alleging the government is responsible for flooding in the wake of Hurricane Harvey, also spelling out a framework for the litigation going forward.

  • November 21, 2017

    AIG Unit Needn't Cover $17M Ponzi Loss, 5th Circ. Affirms

    An American International Group Inc. unit doesn't have to cover Cooper Industries Ltd.'s $17 million loss to a Ponzi scheme, the Fifth Circuit affirmed on Monday, agreeing with a lower court that the electrical products manufacturer didn't own the money for coverage purposes because it invested in the scheme via loans.

  • November 21, 2017

    DOT, FAA Want Out Of Dallas Airport Gate Access Fight

    The Federal Aviation Administration and the U.S. Department of Transportation on Monday argued they should be freed from a Texas federal court fight between Southwest Airlines Co. and Delta Air Lines Inc. and the city of Dallas over gate access at a local airport.

  • November 21, 2017

    Talos-Stone Union Creates $2.5B Offshore Driller

    Talos Energy LLC and Stone Energy Corp., which emerged from bankruptcy earlier this year, on Tuesday said they will merge in an all-stock deal that will create an offshore drilling company with an enterprise value of $2.5 billion and an initial market capitalization of $1.9 billion.

  • November 20, 2017

    Ex-Fund Manager Must Pay SEC Disgorgement: Judge

    A Texas federal judge on Monday said the criminal restitution ordered for a former hedge fund manager who copped to ripping off investors in his Lobo Volatility Fund LLC doesn't preclude him from having to pay the disgorgement he previously agreed to in settling the U.S. Securities and Exchange Commission's related civil case.

  • November 20, 2017

    Kirkland Snags Vinson & Elkins Capital Markets Partner

    Kirkland & Ellis LLP has bolstered its capital markets practice and hired away a former partner at Vinson & Elkins LLP to join its Houston office, the firm announced Monday.

  • November 20, 2017

    Blank Check Co. Highland Acquisition Pulls $250M IPO

    Highland Acquisition Corp., a blank check company formed by executives of hedge fund Highland Capital Management LP, withdrew plans Monday for a $250 million initial public offering intended to pursue an acquisition in the health care, media, telecommunications, entertainment or energy industries that was filed last year.

  • November 20, 2017

    Texas County Asks High Court To Reject Stored Gas Tax Suit

    A Texas appraisal district has asked the U.S. Supreme Court to deny an energy company’s petition for a writ of certiorari asking for review of the way stored natural gas is appraised and taxed, arguing Texas' nondiscriminatory taxation of natural gas inventory stored in the state passes all four parts of the Complete Auto test.

  • November 20, 2017

    DOJ Challenges AT&T's $85.4B Bid For Time Warner

    The U.S. Department of Justice sued Monday to block AT&T Inc.'s $85.4 billion deal for Time Warner Inc., arguing that the combination of the telecom company's DirecTV television provider with the owner of key content like CNN and HBO would lead to higher prices for consumers and hinder innovation for video distribution.

  • November 20, 2017

    Houston Firm Files Libel Suit Over 1-Star Google Review

    Ivey Law Firm PC has filed a libel suit in state district court in Houston against an individual it says was never a client of the firm but still wrote a one-star Google review that was disparaging about the legal services it provides.

  • November 20, 2017

    Cumulus Says Former DJ's Race Bias Suit Premature

    Cumulus Media told a Texas federal judge on Friday that most of the claims brought by a former employee alleging he was wrongfully terminated because of his race must be dismissed because he failed to raise those claims with the EEOC before filing this lawsuit.

  • November 17, 2017

    David Boies Could Be Cowboys Owner Jerry Jones' Hail Mary

    Dallas Cowboys owner Jerry Jones appears to have few legal options in his boiling feud with NFL Commissioner Roger Goodell, but with star litigator David Boies on his team, he has a shot at scoring points for his cause — and defending himself against possible sanctions for his outbursts, lawyers tell Law360.

  • November 17, 2017

    Gilstrap Denies Another Post-TC Heartland Transfer Bid

    Eastern District of Texas Judge Rodney Gilstrap has refused to transfer multiple patent infringement suits filed by Nichia Corp. against television and lightbulb makers, finding that the companies consented to litigate the disputes in Texas and they can’t “take back” that admission in the wake of the Supreme Court’s May TC Heartland decision.

Expert Analysis

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • Roundup

    Judging A Book

    Alexander Hamilton

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Deliberate Discovery Responses Shift Onus Onto Opponent

    Alexis Kellert

    In a recent ruling, the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents was not entitled to relief from summary judgment in favor of the defendant. Keeping discovery responses specific and narrow puts the onus on your adversary to follow up as cases develop, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.