The bankruptcy courts in the Southern District of Texas are still a hotbed for intense litigation, attracting some of the best lawyers in the nation — just not for the reasons the bankruptcy judges ever wanted or even contemplated. Prominent Texas lawyers David Beck, Rusty Hardin, Anne Johnson, Tom Kirkendall, Mike Lynn, John Sparacino, Jeff Tillotson and scores of other highly paid lawyers have been hired by plaintiffs, defendants and third parties involved in the legal fallout from the forced resignation late last year of former SDTX Chief Bankruptcy Judge David Jones. The Texas Lawbook has the details.
SCOTUS Snapshot: The Fifth Circuit Is 3-7 This Term
The U.S. Supreme Court heard arguments in 10 cases during the 2023-24 term that came from the U.S. Court of Appeals for the Fifth Circuit. It reversed the Fifth Circuit seven times.
Texas Experts: SCOTUS’ Jarkesy Decision to Have Limited Impact on SEC Enforcement
The U.S. Supreme Court’s decision Thursday that defendants in fraud cases have the right to a civil jury trial in cases in which the U.S. Securities and Exchange Commission seeks financial penalties appears to be broad and sweeping but may have only minimal impact on SEC enforcement actions. But legal experts say that the decision could have a significant impact on settlements with the SEC. The SEC’s case against George Jarkesy, a Texas hedge fund manager and conservative radio talk show host, dates back to 2013 when the government claims that Jarkesy defrauded investors by falsely leading them to believe that KPMG was auditing two funds he launched. The SEC brought their case in an administrative proceeding before an SEC-appointed ALJ. The SEC hit Jarkesy and a co-defendant with $300,000 in penalties and ordered Jarkesy’s fund, Patriot28, to disgorge about $685,000 in ill-gotten gains.
Also, click here to see the list of Fifth Circuit cases handled by the Supreme Court this term.
McKool Smith Announces Summer Bonuses
Litigation boutique McKool Smith kicked off the 2024 summer battle for talent this week by announcing four- and five-digit bonuses to its lawyers who have worked the most time on client matters.
A&O Shearman: Texas is Strategic to New Firm’s Success
The 800 partners of the newly merged firm A&O Shearman recently conducted their first partner retreat in Denmark but a big part of their focus was 5,180 miles away on their practices in Houston, Dallas and Austin. The 3,900-lawyer corporate firm, the result of Allen & Overy and Shearman & Sterling combining, has 64 attorneys in Texas, but its leaders tell The Texas Lawbook major additions are planned.
“We are less than two months into this new firm, but the growth opportunities we see now are significantly larger than the opportunities for growth we saw before,” said Bill Nelson, managing partner of the Texas region for A&O Shearman and a capital markets partner in the firm’s Houston office.
Akin Partners Elect New Firmwide Co-Chairs
Akin Gump, a 900-attorney corporate law firm founded in Dallas in 1945 by Robert Strauss and Richard Gump, announced Tuesday that it has elected a partner in New York and a partner in London to take over the firm’s leadership in 2025.
Paul Hastings Continues Its Texas Expansion
Paul Hastings announced Tuesday that Vinson & Elkins litigation partner Manuel Berrelez has joined the firm’s Dallas office as a partner. Since September, Paul Hastings has more than doubled its presence in Texas — growing from about two dozen lawyers to about 65, including eight corporate finance partners from V&E who joined in March. At the same time, the firm officially announced that it had opened an office in Dallas.
Court Rejects Billion-Dollar Legal Challenge to PUC Rates During Winter Storm Uri
Legal efforts by some of the largest energy companies in Texas to force the Texas Public Utility Commission to reprice the record-high electricity rates it charged during Winter Storm Uri three years ago were flatly rejected Friday by a unanimous Texas Supreme Court. The state’s highest court ruled that the PUC did not exceed its legal authority in February 2021 when it ignored market competition to set electric rates at $9,000 per megawatt-hour because the Texas grid faced an emergency crisis and possible collapse “that would have plunged the state into darkness for weeks, maybe months.”
The unanimous 30-page opinion reverses the decision of the Austin court of appeals in 2023 that the PUC overstepped its legal authority by ignoring integrated market competitive procedures and instead manually set electric rates during the four days of Winter Storm Uri.
Exxon Mobil Names Former Fox Lawyer as New GC
Following its pattern of promoting former top federal prosecutors and regulators to leading corporate positions, Exxon Mobil announced Wednesday that former Fox Corporation general counsel and former U.S. attorney for the District of Columbia, Jeff Taylor, will be the energy giant’s next top lawyer. Exxon Mobil announced Wednesday that Craig Morford, also a former federal prosecutor who has been the company’s general counsel since 2020, will retire on July 1 and that Taylor will be his replacement.
Houston Trial Lawyer Opens Texas Office for Boston-Founded Firm
A co-founding partner at Schiffer Hicks Johnson has left his firm to start the first Texas office of Brown Rudnick in Houston.