Exxon Mobil Wins Employee Incentive Plan Dispute
The Texas Supreme Court says Exxon's stock incentive plan could serve as a de facto non-compete clause.
TX Appeals Court: Cuban Prevails Again Over Perot Jr. and Hillwood
Lawyers for Hillwood claimed that the Mavericks are “insolvent on a stand-alone basis” because the NBA team is unable to pay its debts when they come due without the contributions of a third party, which, in this case, is billionaire Mark Cuban.
Can TX Businesses Use Stock Incentive Plans as De Facto Non-Compete Clauses?
The Texas Supreme Court is expect to decide any day whether stock incentive benefits can be denied when an executive jumps ship. Briefs filed by business and oil and gas associations worry that the decision could have “far-reaching and radical implications.”
5th Circuit: Wal-Mart Avoids $100 Million Penalty to Texas Optometrists
A federal appeals courtl, in a potential landmark decision, ruled that Texas tort reform laws override civil penalties in other state laws unless the victims have suffered actual damages. “This is a significant, unprecedented decision that could have potentially grave unintended circumstances,” says Russell Bennett.
HayBoo and Jackson Walker Score a win for Media Courtroom Rights
The two firms won an appeal in Fort Worth’s 2nd Court of Appeals this week for six media outlets in the Dallas-Fort Worth area.
Is the 5th Circuit Eyeing a Knockout Blow to Pro-Snax?
Bankruptcy practitioners may see the 5th Circuit revisit its 1998 controversial decision in Pro-Snax Distributors, Inc., which required professionals to show their services resulted in an “identifiable, tangible, and material benefit to the estate” before those services would be compensable under Section 330 of the Bankruptcy Code.
Patrick Higginbotham: “A Brilliant, Fearless, Independent Judge”
Judge Higginbotham has authored more than 400 opinions during four decades on the federal bench. His decisions have redrawn Congressional election maps, transformed securities litigation, altered bankruptcy proceedings, and allowed monks to continue selling cheap caskets. But his opinion in the UT admissions case may be his most monumental. “It was a brave decision,” says former ExxonMobil GC Charles Matthews. “This case is another example of Pat laying out a roadmap for the future. He again demonstrated that he has no political agenda.”
Fifth Circuit Rules for UT in Race Admissions Case – Updated
A federal appeals court ruled late Tuesday that the University of Texas’ use of affirmative action is a fair and constitutionally permissible approach to admitting students.
SCOTX’s Silence Hands ARGO Win in Minority Shareholder Dispute
The Supreme Court of Texas has rejected an appeal by Dallas businessman Bala Shagrithaya in his $40 million shareholder litigation against ARGO Data Resources, the software solutions business he co-founded in 1980. The justices’ decision is a complete victory for ARGO and is the second time in a week that minority shareholder cases claiming oppression have been soundly defeated at the state’s highest court.
Legal Experts: SCOTX Decision in Rupe Impacts Hundreds of Privately Owned Texas Businesses, Could Hurt Venture Capital
A deeply divided Texas Supreme Court issued a landmark decision Friday that legal experts say will likely slam shut the courthouse door to minority investors in hundreds of privately owned Texas companies who feel they have been financially damaged by the actions or inactions of majority ownership.
SCOTUS Says Abstract Ideas Not Patentable, Even with Computer Help
A unanimous Supreme Court ruling Thursday will help courts apply existing patent laws to software inventions, experts say.
Easier Removals from State to Federal Court?
Plaintiffs often try to avoid invoking federal law to prevent removal, while defendants argue that substantial federal issues remain that justify jurisdiction in federal court. The Fifth Circuit may have just shifted the applicable test for federal jurisdiction in a way that encourages future removals.