Pipeline Giants take Billion-Dollar Battle to Texas Appellate Courts

This week, three judges on the Dallas Court of Appeals are expected to be chosen to hear the appeal of Energy Trans Partners' $500 million judgment against pipeline competitor Enterprise. Legal experts say could be the biggest and most important business dispute between two Texas companies since Pennzoil clobbered Texaco in the mid-1980s for $10 billion. Both companies have beefed up their legal teams with high-priced legal talent to do battle once again.

October 27, 2015 Mark Curriden

Eastern District is "laboratory" where jury trials may be saved

The annual Eastern District of Texas 2015 Bench Bar Conference started Wednesday at the Plano Marriott Legacy Town Center in Plano and The Texas Lawbook is there and providing complete coverage.

October 21, 2015 Jeff Bounds

Winston’s John Keville Wins $24.5 Million Award for Engineering Firm in Trade Secrets Case

A federal jury in Houston ruled Tuesday that Sterling Engineering Group and its chairman conspired with a former Suncoast Post-Tension manager to obtain and use work product created by Suncoast engineers and protected under the Texas trade secrets law and federal copyright laws. The awarded $11 million in actual damages and another $13.5 million in punitive damages.

October 15, 2015 Mark Curriden

Plaintiff's Lawyer on Trial in NOV Racial Discrimination Case

Houston trial lawyer John Zavitsanos went after opposing counsel and her “playbook” to win a jury verdict of no wrongdoing for his client, National Oilwell Varco, in a $120 million-dollar employment discrimination lawsuit. (Editor's Warning: This article contains offensive language.)

October 9, 2015 Mark Curriden

Bracewell Wins $30 Million Case Week Before Trial

Vertical North America claimed Bracewell's client, Vopak Terminal Deer Park Inc., fraudulently induced it into entering into an agreement to store ethanol at Vopak’s terminal on the Houston Ship Channel, and that Vopak breached that agreement.

October 1, 2015 Mark Curriden

Dallas Judge Approves BDO’s $40 million Payment to Stanford Investors

U.S. District Judge David Godbey ruled Wednesday that accounting firm BDO USA’s agreement to pay $40 million to victims in the R. Allen Stanford Ponzi scheme “is a fair settlement amount.”

September 24, 2015 Natalie Posgate

Gibson Dunn’s Brian Robison Scores Defense Win in Massive Egg Antitrust Litigation

Robison said Friday’s ruling is important because the size of the class alone.

September 22, 2015 Natalie Posgate

Gruber Hurst Elrod Prevails in $33 Million Pipeline Contract Dispute

A federal court in Minnesota has ordered an Indian conglomerate to pay Houston-based Great Lakes Gas Transmission $32.9 million for failing to pay Great Lakes for natural gas transmission services the parties had agreed to in a 15-year contract.

September 18, 2015 Natalie Posgate

Ten Things: Explaining Litigation to the Board and the CEO

When facing a large lawsuit, corporate general counsel sometimes need to remember to the CEO and the board of directors informed about the litigation. Neither senior management nor the directors have much, if any, experience with litigation. GCs can avoid a lot of frustration and second-guessing by taking the time upfront to explain the litigation process to them and provide regular updates thereafter. Because GCs need sign-off from the CEO or board regarding many decisions, including settlement authority, alternative dispute resolution (e.g., mediation) and budgeting, GCs will avoid second-guessing by keeping senior management and the board fully informed. This column provides a check list for GCs.

September 17, 2015 Mark Curriden

NLRB’s New Joint Employer Standard Raises New Considerations for Business

In a sweeping decision overturning 30 years of precedent defining the joint employer relationship, the National Labor Relations Board (NLRB) recently handed unions a major victory, one that could force companies to reevaluate their use of temporary or contract workers and other contractual arrangements such as franchise agreements. This is a critical issue for business.

September 7, 2015 Mark Curriden

Finding a Road map to `Reasonable Certainty’ in Economic Damages Calculations

Court dockets are littered with verdicts in commercial litigation that have been undermined by weak or flawed economic damages projections and a failure to understand and appreciate the concept of “reasonable certainty” as it relates to calculating lost profits. Proving up lost profit calculations remains challenging, but familiarization with the challenges identified in this article will help litigators on both sides of a Daubert challenge.

August 27, 2015 Mark Curriden

Royalty Owners Win MSJ Against Chesapeake, Trial Day Approaches

A group of Fort Worth area mineral owners, including members of the wealthy Bass family, prevailed this past week in a summary judgment ruling that supports one of their fundamental claims in their lawsuit against Chesapeake Energy entities.

August 25, 2015 Natalie Posgate