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Texas Justices Mull TCPA’s Reach in Winstead Malpractice Suit - The state’s high court will have to decide if the filing of an allegedly deficient motion for default judgment is a “communication” as Winstead argues, which would end USA Lending’s lawsuit, or if USA Lending is correct that the basis of its suit is the failure to communicate. The case implicates the Texas Citizens Participation Act and asks whether it applies in legal malpractice suits. March 22, 2023Michelle Casady
OAG Says Whistleblowers Knew $3.3M Settlement OK Could Take Years - In a nine-page response to a request from the whistleblowers to lift an abatement in the case after they alleged a bait-and-switch on the $3.3 million settlement deal, the Office of the Attorney General told the Texas Supreme Court the case should stay paused while the Legislature considers approval. March 21, 2023Michelle Casady
CDT Roundup: 7 Deals, 7 Firms, 78 Lawyers, $14B - It's been five years since New York-headquartered Shearman & Sterling opened its first offices in Texas. The CDT Roundup thought it might be a good time to check in with Bill Nelson, the head of those Texas offices. His thoughts about the transition and the changes he's seen in his practice are featured this week, along with a relatively skimpy roll call of the 78 lawyers who ignored spring break to turn in this week's roster of deals. March 21, 2023Claire Poole & Allen Pusey
Litigation Roundup: ‘Well Past Time for [Fifth Circuit] to be Dragged Screaming into the 21st Century’ - In this edition of Litigation Roundup, a Fifth Circuit judge urges the court to join the 21st Century, a Houston college sues a business partner in a recruiting spat and a one-time candidate for president of Mexico goes to prison. March 20, 2023Michelle Casady
Latham Advises Incitec Pivot on $1.68B sale of Louisiana Ammonia Facility - The sale to CF Holdings, coupled with a long-term supply agreement, is part of a plan announced last November to spin off its industrial explosives subsidiary Dyno Nobel Americas. CF has energy transition upgrades planned for the site. Allen Pusey has the deal details, as well as the Latham lawyers involved. March 20, 2023Allen Pusey
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DOJ Announces Significant Policy Changes Affecting Corporate Criminal Enforcement - On the heels of its recent Corporate Enforcement Policy updates, the U.S. Department of Justice announced several new policies around executive compensation clawbacks, ephemeral messaging, and the intersection of corporate crime and national security. The eagerly expected announcements provide tangible guideposts for all companies on key hot-button issues. Questions persist, however, about consistent enforceability of such policies as well as material differences between DOJ's guidance and other rules under federal securities laws for public companies and regulated entities. March 20, 2023Scott Mascianica & Eddie Jauregui
Stories You Might’ve Missed
- Winter Storm Uri Litigation Heating Up at Two Year Mark - The massive legal battle pitting thousands of Texas residents and small business owners against hundreds of energy companies, such as NRG Power, Calpine, Oncor Electric and ExxonMobil, over damages incurred during Winter Storm Uri two years ago is finally heating up. This week’s two-year anniversary of the crippling winter storm also means that the statute of limitations for most Uri-related lawsuits takes effect this week.
Lawyers representing more than 1,500 Texans and businesses have filed more than 80 new wrongful death, personal injury and property damage lawsuits against more than 360 energy companies and ERCOT since last Thursday. Dozens more lawsuits are expected to be filed in Texas courts Wednesday and Thursday.
The Texas Lawbook wrongly reported earlier that CPS Energy had filed for Chapter 11. February 15, 2023Mark Curriden
- Texas Lawbook Foundation Launches, Natalie Posgate to Lead Pro Bono, Public Service and Diversity Coverage in Texas - The daily news is filled with articles about lawyers scoring multimillion-dollar jury verdicts, closing billion-dollar M&A deals or reaping tens-of-millions of dollars in annual firm profits. The Texas Lawbook announces today its commitment to focus significantly more on what is essentially the legal profession's ESG. From this day forward, The Lawbook has a full-time reporter — Natalie Posgate — doing nothing but researching and writing about pro bono, public service and diversity efforts involving Texas law firms and corporate legal departments. She will publish articles that highlight the successes of Texas lawyers and firm leaders, but also examine where and how the legal profession is failing. Posgate will be the first legal journalist in Texas to write exclusively about pro bono and diversity. November 1, 2022Mark Curriden