In this edition of Litigation Roundup, a Fifth Circuit judge urges the court to join the 21st Century, a Houston college sues a business partner in a recruiting spat and a one-time candidate for president of Mexico goes to prison.
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Latham Advises Incitec Pivot on $1.68B sale of Louisiana Ammonia Facility
The sale to CF Holdings, coupled with a long-term supply agreement, is part of a plan announced last November to spin off its industrial explosives subsidiary Dyno Nobel Americas. CF has energy transition upgrades planned for the site. Allen Pusey has the deal details, as well as the Latham lawyers involved.
DOJ Announces Significant Policy Changes Affecting Corporate Criminal Enforcement
On the heels of its recent Corporate Enforcement Policy updates, the U.S. Department of Justice announced several new policies around executive compensation clawbacks, ephemeral messaging, and the intersection of corporate crime and national security. The eagerly expected announcements provide tangible guideposts for all companies on key hot-button issues. Questions persist, however, about consistent enforceability of such policies as well as material differences between DOJ’s guidance and other rules under federal securities laws for public companies and regulated entities.
Range Resources GC David Poole Retires after 15 Years, Joins Wick Phillips
David Poole, who worked on an oil rig out of high school and rose to become the top legal officer at two major energy companies in Texas, retired as the GC of Range Resources Friday. In an interview with The Texas Lawbook on Sunday, Poole discusses his passion for oil and gas law, his challenges and successes as a GC for two decades, his best day on the job and his plans for the future at Wick Phillips.
Wal-Mart May Pursue Case Against Xerox Over Food Benefit System Outage Losses
The Supreme Court has reinstated Wal-Mart’s lawsuit against Xerox over $4 million in denied reimbursements for food purchases made during a prolonged outage of the electronic benefit transfer system.
Pro Se Plaintiff Whiffs at Fifth Circuit in Case Against MLB
Former professional baseball player and sports nutrition vendor Neiman Nix lost his appeal of a case he filed in Texas against Major League Baseball — arguing that the league’s ban of a growth hormone discriminated against his business selling products that included it. It’s a case he’d filed, and lost, elsewhere. And that was the problem, the Fifth Circuit said.
Five Tips Female Attorneys Need to Hear Today (And Every Day) to Thrive in Sports Law
We’ve come a long way in women’s collegiate sports, and I’ve enjoyed seeing similar strides for women in sports and entertainment law. Today, there are so many more exciting opportunities. Women are handling sports-related litigation, negotiating the next big sports contract or serving as general counsel or chief legal officer. Here are my five tips for female attorneys interested in pursuing a career in sports law.
P.S. — Spring Fundraising Warms Up, Pro Bono for In-House Lawyers — Updated
This edition of P.S. highlights three upcoming fundraising events, one award, an opportunity to learn from in-house lawyers focused on pro bono and a thank you to a major Texas Lawbook Foundation donor.
Updated – Texas Court Rules PUC Price-Setting During Winter Storm Uri Unlawful
The Texas Public Utility Commission emergency rules in February 2021 that increased electric rates to $9,000 per megawatt-hour in response to the demand for power because of Winter Storm Uri were “invalid” and must be reexamined, a Texas appeals court ruled Friday. The Austin Court of Appeals ruled that PUC board members issued two unlawful rules — an “operation of executive fiat” — that allowed ERCOT to increase the emergency price of electricity 650 percent for five days. The decision, according to legal experts, could be a multibillion-dollar victory for some retail power companies.
The Evolving Landscape of Business Email Compromise Litigation — A Focus on Texas
Business email compromises remain one of the most prevalent internet-related crimes, with businesses and individuals suffering massive financial losses. This article examines how Texas law handles disputes between companies that have been defrauded by a third-party and the interaction of the contract law.