In this edition of Litigation Roundup, Dallas residents were granted a temporary injunction that will prohibit the city from enforcing new ordinances that would severely restrict the availability of short-term rental homes, Texas Attorney General Ken Paxton accuses the U.S. State Department of conspiring to censor conservative-leaning media outlets, and the Texas Supreme Court agrees to hear a case involving the scope of the Public Utility Commission of Texas’ authority.
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V&E and Latham Advise on Oxy’s $12B Acquisition of CrownRock
Oxy’s acquisition of the Midland-based independent, which includes the assumption of $1.2 billion in CrownRock debt, further consolidates Oxy’s prime perch in the productive Permian Basin. The Lawbook has the names of all 72 lawyers involved in the deal.
P.S. — Santa’s Wish List, Builders of Justice, Nos Populi Exhibit
This week’s edition of P.S. features the opening of an art exhibition at a Houston law firm that celebrates diversity, a movie screening hosted for neglected and abused children, a gift drive benefiting foster care children, a top scorer of LGBTQ+-focused Corporate Equality Index, and the honorees of Legal Aid of NorthWest Texas’ recent Builders of Justice Awards.
The Fifth Circuit Takes on Generative AI — Everything You Need to Know About the Court’s New Proposed Rule
The Fifth Circuit is the latest court to address potential misuse of generative artificial intelligence. The court is seeking comments on an amendment to Rule 32.3 that would require litigants to certify that they reviewed and verified any GenAI-generated content in their filings. Failure to comply could result in striking the document or sanctions. The Fifth Circuit is the first federal appeals court to consider a GenAI-specific rule. But its proposal comes on the heels of a flurry of lower court standing orders aimed at addressing similar concerns. These issues make it essential for lawyers to stay informed about developments in GenAI technology and ensure they are complying with applicable court rules. Indeed, the only thing that is certain in this area is that there will continue to be change.
Fifth Circuit Gets First Latina Judge After 132 Years
More U.S. senators voted Monday to confirm Judge Irma Ramirez to the U.S. Court of Appeals for the Fifth Circuit than any of President Biden’s previous 37 appellate court nominees. The senate confirmed Judge Ramirez, currently a U.S. magistrate judge in Dallas, by a vote of 80-12. She is the first Latina judge in the 132-year history of the New Orleans-based court. “It is an historic moment to finally have a Hispanic woman on the court — a long time coming,” said Gregg Costa, the Fifth Circuit judge who retired last year and who Judge Ramirez is replacing. “The first few weeks are a whirlwind. She will need to meet and get to know her new fellow Fifth Circuit judges, hire four law clerks, set up her office and get up to speed on the court’s caseload. It is a steep learning curve.”
CDT Roundup: 13 Deals, 9 Firms, 57 Lawyers, $6.7B
Last week’s announcement of a new joint venture between Sentinel Midstream and ExxonMobil connecting Louisiana pipelines marked more than another O&G consolidation. It was another deal to be tallied in what has been a remarkable year for Willkie Farr & Gallagher’s Houston partner, Archie Fallon. As we head into the final month of 2023, the CDT Roundup looks at his major deals on the year, along with those of the 57 mostly Texas lawyers who reported transactions for the week following the Thanksgiving holiday.
Litigation Roundup: Federal Circuit Orders New Damages Trial in $2.1B VLSI/Intel Case, Pfizer Again Sued by Texas
In this edition of Litigation Roundup, Texas follows up on a Medicaid fraud lawsuit accusing Pfizer of manipulating data about the efficacy of a pediatric attention-deficit drug with a lawsuit accusing the pharmaceutical company of lying about the effectiveness of its Covid-19 vaccine, Antero Resources continues its fight to recover an $11.9 million judgment from a former manager and an intermediate appellate court finds a fatal products liability suit should be litigated in Dallas.
Judges Reject CirclesX Petition to Separate from MDL
A five-judge panel that decides which Texas civil lawsuits should be consolidated in statewide multidistrict litigation has rejected a plea by lawyers representing data analytics firm CirclesX Recovery and other plaintiffs alleging a multibillion-dollar market manipulation conspiracy among natural gas companies during Winter Storm Uri to separate their lawsuits from hundreds of others. The decision means the case will remain a part of the MDL before a single Houston judge.
SCOTX Tells Fifth Circ. Deadline-Tolling Statute Applies in Flight Attendants’ Boeing Suit
The federal appellate court had asked the Texas Supreme Court to answer two questions clarifying how Texas Civil Practice & Remedies Code § 16.064 applies to the claims of former United Airlines flight attendants, Marvin Sanders and Matthew Sodrok, who say they were injured when a smoke detector activated — despite the absence of smoke or fire on board — at such a high volume that it burst their ear drums, caused their ears to bleed and left them with permanent hearing loss. The justices’ answers revived the lawsuit against The Boeing Company and two companies that provided parts and maintenance for the allegedly defective smoke detector.
Akin, Baker Botts, Yetter Coleman Join Firms in Associate Pay Raises and Bonuses
The three Texas law firms added their names to the growing list of corporate law practices that are increasing associate compensation and handing out big year-end bonuses.