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Osler McCarthy

Osler McCarthy is an editor-at-large for The Texas Lawbook.

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Osler McCarthy

Osler McCarthy is an editor-at-large for The Texas Lawbook. McCarthy retired in August 2021 after 21 years as staff attorney for public information for the Texas Supreme Court. High on his to-do list is developing appellate coverage tailored for Texas business lawyers.

He is a graduate of Austin College and holds a law degree from Gonzaga Law School, where he did not play basketball even though he had four years’ college eligibility left. After his mid-career law-school venture he clerked for the chief justice at the Washington State Supreme Court. After law school he practiced appellate criminal defense in Spokane. He has published academic articles on defamation and privacy and wrote the defamation chapter for the initial torts volume of West’s Washington Practice series.

As a journalist before and after law school, McCarthy worked mostly as an editor for newspapers in Sherman, Temple, Spokane, Kansas City, San Bernardino and Austin.

He is a licensed private pilot and would be flying again if he could get his 1968 Cessna Cardinal restored. His wife, Diana Dawson, is a University of Texas journalism professor. They have two children: a son who is a Navy pilot and a daughter who is editor of The Northern Light in Blaine, Washington.

Sherman Murder Defendant Loses Effort to Overturn His Death Penalty in Racially Tinged Prosecution 

The U.S. Supreme Court denied review — and habeas relief — for the killer in a notorious 2004 Sherman case who murdered his estranged wife, turning down his argument that he was denied effective assistance of counsel after his trial counsel failed to strike any of three jurors who stated religious objections to interracial marriage or mixed-race children. The habeas corpus effort lingered on the Supreme Court’s docket for more than a year from when it was filed in September 2021 and drew amicus support by leading Texas jurists and ex-PepsiCo general counsel and former deputy U.S. attorney general Larry Thompson.

October 11, 2022 Osler McCarthy

With a Decision that May Lead to New Law, SCOTX Grapples with Two Cases in Which Ph.D. Revocations are Threatened

Texas Supreme Court justices give no hint whether the universities’ implied-powers argument can justify their efforts to rescind doctoral degrees awarded to former graduates for “academic misconduct.” In Texas, such revocation power has never been determined by reported appellate decisions and only a few revocations have been noted nationwide. The grads argue the universities have no express authority to do so. The AG says the power is implied from an express power to grant degrees. Behind that argument, due-process concerns linger in both cases.

September 20, 2022 Osler McCarthy

At SCOTX, A Medical Researcher Fights to Keep UT from Rescinding Her Degree; Call It a Daavid ja Goljat Struggle

For 10 years Suvi Orr has lived with the threat that the University of Texas will revoke her Ph.D. in organic chemistry. For 10 years she’s been fighting back in court against the university’s complaint that she was academically dishonest, based first on a scientific journal published years after graduated related to her dissertation research to create a synthetic compound for cancer treatment. Then on her dissertation research itself. She says she did nothing wrong.

Her lawyers say she’s been denied due process and argue UT cannot void a degree long after a student has graduated, not without full due process in a court hearing that she has never had.

But Tuesday, 14 years after her graduation, 14 years after the start of a pharmaceutical-research career and dozens of peer-reviewed journal articles and patent applications that came with it, the Texas Supreme Court will decide whether UT has the power to do what it wants to do and whether the disciplinary process affords Suvi Orr procedural protection.

September 19, 2022 Osler McCarthy

Both Sides Cry Foul in a Jurisdictional Dispute Over Volkswagen’s Emissions-Cheating Scandal

After what seemed a last-minute recusal in a case with millions on the line, the Texas Supreme Court asked for the governor’s appointment of two temporary justices to break a probable stalemate in reaching a resolution in the Volkswagen emissions-cheating scandal case. Now the court must determine whether, as VW argues, the governor’s commission of special justices poses due-process violations.

July 11, 2022 Osler McCarthy

SCOTX Inks a Bummer for Hempsters

The Texas Supreme Court determines hemp dealers have no constitutional right to manufacture hemp to smoke.

June 27, 2022 Osler McCarthy

High-Speed Rail Gets SCOTX Approval in Eminent-Domain Challenge

The Texas Supreme Court held that the two companies seeking to take private property for the controversial Dallas-to-Houston high-speed rail have a statutory right to exercise eminent domain to take right-of-way for the 240-mile rail line.

June 24, 2022 Osler McCarthy

‘Sanctuary Cities’ on SCOTX Schedule in Fall, but the Issue is Defamation Protection Under Texas Citizens Participation Act

Two grants, consolidated for argument, raise facts and issues that will capture headlines, but both raise questions under the citizens participation act, the pervasive interlocutory scheme intended to provide a quick dismissal ramp for claims based on free-speech issues. Both cases focus on efforts to create anti-abortion “sanctuary” cities throughout Texas. And both involve an ordinance, the first of several, declaring Waskom to be a sanctuary city. But the proponents didn’t stop there.

June 21, 2022 Osler McCarthy

Texas Supreme Court Answers Certified Questions in a Way that Package Liquor Stores Worry May Open Floodgates to Big Retailers

The court answered certified questions from the Fifth Circuit asking it to interpret state liquor laws banning public corporations from owning package-store permits in Texas. But, in doing so, justices determine an exempt corporation, exempted by a grandfather clause that allows a public corporation to own liquor stores, should not forfeit its exemption by selling interests to ease debt in a Chapter 11 reorganization.

June 17, 2022 Osler McCarthy

Texas Supreme Court Holds Against Texas A.G., Clarifies Rules for Soliciting Mail-in Ballots

The Texas Supreme Court has held a challenge to an “election integrity” law as too broad in its sweep to limit how Texas voting officials “solicit” mail-in ballots.

June 10, 2022 Osler McCarthy

Texas Supreme Court to Review Houston Astros-Sale Case

Next up in the lineup challenging the 2011 sale of the Houston Astros: the Texas Supreme Court. After the court granted review of former Astros owner Drayton McLane’s petition contesting lower court holdings that the new owner might have paid too much, a principal issue on deck is whether the sale can be reversed.

June 6, 2022 Osler McCarthy

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Features

  • Maverick Natural Resources’ Sarah Payne is ‘Like Having a Cheat Code Against the Other Side’ - Sarah Payne went to college and graduate school to be a journalist covering the music industry with the dream of writing for Rolling Stone. Her father, then a Houston trial lawyer, had other ideas. “I was worn down by my tenacious father over the course of two decades,” Payne told The Texas Lawbook. “My entering the profession was likely inescapable. It’s in my veins for better or worse." Payne recently led her employer, Maverick Natural Resources, to a huge courtroom victory after a four-year contract dispute with XTO Energy regarding revenue sharing as part of a joint venture. Citing the jury trial success, the Association of Corporate Counsel’s Houston Chapter and The Lawbook named Payne the 2025 Houston Corporate Counsel Award recipient for Senior Counsel of the Year for a Small Legal Department. May 5, 2025Mark Curriden & Jason Philyaw
  • P.S. — Champions of Justice Gala Shatters Record, Remembering Fallen Heroes and Dallas to Kyiv: One Lawyer’s Solidarity with Ukraine   - In this week's edition of P.S., the 2025 Champions of Justice Gala shattered previous fundraising records by collecting over $1 million to support legal aid for veterans, with AT&T’s David McAtee and Halliburton’s Van Beckwith co-chairing the event and receiving widespread support from the legal community. Keynote speaker Bryan Stevenson highlighted the importance of access to justice, while Texas lawyers Rebecca Flanigan and Fred Krasny were honored for their dedication to legal aid. Meanwhile, Dallas attorney Rogge Dunn raised over $100,000 at a dinner with Gen. David Petraeus to support Ukrainian mental health efforts and plans to attend the Kyiv Security Forum. In a separate initiative, Carry the Load launched its annual Memorial May campaign to honor fallen heroes, with longtime legal support from Sidley Austin’s Aaron Rigby, a U.S. Navy veteran and founding supporter of the nonprofit. May 2, 2025Krista Torralva

GCs, Lawyers & Firms

  • Trade and Tariffs Specialist Joins V&E - V&E Chair Keith Fullenweider said Joyce Adetutu is the "perfect fit" as clients "face fast-evolving trade and national security regulations."
  • Sheppard Mullin Adds Tax/Executive Comp Partner in Houston from Kirkland
  • Troutman Pepper Locke Bolsters Energy Regulatory Practice in Austin
  • GT Taps Bill Katz to Co-Chair Antitrust Practice
  • Sorrels Law Recruits Head of Commercial Litigation Practice
  • Real Estate Veteran Nick Buehner Returns to V&E as a Partner
  • Dorsey Hires Former Federal Prosecutor Edward Loya
  • Munck Wilson Adds Depth to Corporate Practice
  • GT Bolsters Franchise & Distribution Practice with Cross-Border Adviser Mo Alturk
  • Healthcare Fraud Prosecutor Leaves DOJ for Hicks Thomas
More GCs, Lawyers & Firms

Lawyers in the News

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Reem Abdelrazik
Doug Bacon
Harry Beaudry
Jonathan Benloulou
Gene Besen
Doug Bland
Jacqui Bogucki
Vera De Brito de Gyarfas
David Buck
Nora Burke
T.J. Campbell
Wayne Chan
Michael Considine
Mogan Copher
James Cowen
Kevin Crews
Samantha Crispin
Dawud Crooms
Shamus Crosby
Clint Culpepper
Brock Degeyter
Nick Dhesi
William Eiland
Austin Elam
Miles Emery
Bill Finnegan
David Gail
Adam Garmezy
Sami Ghubril
Breen Haire
Kim Hicks
J. Dean Hinderliter
Nicole Islinger
James Johnston
Atma Kabad
John Kaercher
Erin Kaufman
Paul Kukish
Thomas Laughlin
Oscar Fernando Leija
Emily Lichtenheld
Rob Little
Ryan Logan
Bryan Loocke
Katy Lukaszewski
Ryan Lynch
Ryan Maierson
Benjamin J. Martin
Madeline McCune
Sean McFarlane
Richard McGee
Sarah McLean
Sameer Mohan
Andrew Monk
Charlie Ofner
Stephen Olson
Joe Orien
Zach Parker
John Pitts
Benjamin Potter
Brendan Quigley
Kevin Richardson
Alex Robertson
Jason Rocha
Julian Seiguer
Mark Sloan
Chad Smith
Lande Spottswood
John Stribling
Vanessa Sutherland
Tanner Sykes
Martha Todd
Michael Vardanian
Thomas Verity
Douglas Warner
Kyle Watson
Luke Weedon
John Wetwiska
Sean Wheeler
Debbie Yee

Firms in the News

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Akin
Baker Botts
Bracewell
Haynes Boone
Holland & Knight
Kirkland & Ellis
Latham & Watkins
Morgan Lewis
Pillsbury
Porter Hedges
Sheppard Mullin
Sidley
Simpson Thacher
V&E
Weil
White & Case
Willkie

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