Lawyers for Houston-based Apache Corp. failed to convince a federal judge to toss out a proposed securities class action claiming that company leaders misled investors about an announcement in 2016 of “transformational discovery” of a West Texas shale play called Alpine High. A magistrate in Houston has recommended that the case move forward because the plaintiffs’ complaint is sufficiently detailed and specific in its allegations that company officials knew the information they made public in 2016 was “materially false.”
Jury Says Ex-GC Breached Fiduciary Duty to Client
A Harris County jury recently determined that Matthew Smith, former general counsel to Microvast, had breached his fiduciary duty to his client, and owed it the cost of a laptop computer it purchased for him. The jurors rejected Smith’s argument that he was entitled to $3.4 million based on an oral agreement for stock options.
Starr Remembered by Lanier as ‘Kind,’ ‘Smart Beyond Measure,’ and ‘Not Perfect’
Mark Lanier, who hired Ken Starr to join his law firm in 2018, recalled helping his mentor navigate his departure from Baylor amid a scandal, Starr’s role as ‘principal architect’ of the firm’s appellate strategy in the $2.5 billion Johnson & Johnson talc powder case and other memories from their nearly 40-year relationship.
Texas Panel Trims Vitol Americas’ Win by $10.5M, Leaves $129M Intact
On appeal, Targa Channelview argued the award rested on a faulty interpretation of the contract between the parties related to a crude oil storage and processing facility. Both Vitol and Targa had an impressive list of legal leaders representing the companies on appeal.
Litigation Roundup: V&E Gets Newspaper’s Defamation Suit Tossed, Jackson Walker Secures Dismissal of Child Pornography Suit Against Nevermind Photog, Cigna Sued for $3M COVID Testing Clawback Attempt
In this week’s edition of Litigation Roundup, a team from Bracewell gets a win for the John M. O’Quinn Foundation in a 12-year dispute with the famed lawyer’s former companion, Texas attorneys are named to take the lead in a multidistrict litigation over contaminated infant formula and the Fifth Circuit affirms $51 million in fees and costs for the Stanford Ponzi case receiver.
Fifth Circuit Judge Joins Gibson Dunn
Federal appellate judges almost never resign; and they never ever go back to practicing law. Gregg Costa, the Houston federal prosecutor who sent billionaire financial fraudster Allen Stanford to prison in 2012 and then was appointed to the U.S. Court of Appeals for the Fifth Circuit by President Obama, is doing both. Costa is giving up his black robe and the lifetime job security of a federal judgeship to join the Houston office of Gibson Dunn as co-lead of the firm’s global litigation and trial practice.
Costa is moving his Houston office seven blocks. His new Gibson Dunn office at is about one-tenth the size of his 3,000-square-foot suite at the federal courthouse, but he is getting a bit of a compensation boost. The Texas Lawbook talked with Costa exclusively and has the details.
Litigation Roundup: Ericsson Dinged with $31.5M Infringement Verdict; BMC, Baker Hughes March Toward TM Trial; and More
In this week’s edition of Litigation Roundup, a team from Susman Godfrey obtained a patent infringement win against Ericsson, two Kilpatrick Townsend attorneys took another step toward ending a recruiter’s fee lawsuit, the Fifth Circuit affirmed a $3 million award in a trade secrets lawsuit between competing oil industry employment websites and Baylor College of Medicine won a $48 million Covid-19-related jury award.
Letting Jurors Ask Questions Divides Judges
Judges who have implemented the practice of allowing jurors to ask questions of witnesses via written submission say it makes deliberations more efficient and allows jurors to reach the correct result. But the majority of judges don’t allow it, and Chief Judge Rodney Gilstrap said that’s for good reason.
GT Recruits Gruber-led Litigation Team
Mike Gruber and two young shareholders have left Dorsey for Greenberg Traurig. The Texas Lawbook spoke with the lawyers on Day One at GT.
Litigation Roundup: SCOTUS Cert Petition Filed in Williamson Co. Wrongful Conviction Case, Antero Secures $11.9M Final Judgment, ITC Gets Oil Pollution Act Claims Tossed
This week’s Litigation Roundup features a fight between the Houston Astros and Texas Comptroller Glenn Hegar over about $462,000 in taxes assessed against the ball club, a $3.3 million jury win for the buyers of a North Dallas office complex and a second bite at the apple for a Louisiana federal judge who enjoined a Biden administration order pausing oil and gas lease sales.
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