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.”
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At SCOTX, A Medical Researcher Fights to Keep UT from Rescinding Her Degree; Call It a Daavid ja Goljat Struggle
For 10 years Suvi Orr has lived with the threat that the University of Texas will revoke her Ph.D. in organic chemistry. For 10 years she’s been fighting back in court against the university’s complaint that she was academically dishonest, based first on a scientific journal published years after graduated related to her dissertation research to create a synthetic compound for cancer treatment. Then on her dissertation research itself. She says she did nothing wrong.
Her lawyers say she’s been denied due process and argue UT cannot void a degree long after a student has graduated, not without full due process in a court hearing that she has never had.
But Tuesday, 14 years after her graduation, 14 years after the start of a pharmaceutical-research career and dozens of peer-reviewed journal articles and patent applications that came with it, the Texas Supreme Court will decide whether UT has the power to do what it wants to do and whether the disciplinary process affords Suvi Orr procedural protection.
Fifth Circuit Upholds Texas Social Media Law Against Facebook, Twitter
A federal appeals court panel, in a 2-1 decision Friday, upheld the Texas law that prohibited large social media companies, such as Twitter, Facebook and YouTube, from deleting a user’s comments and content even if the media platforms believe the content is harmful or extreme. A three-judge panel of the Fifth Circuit ruled the 2021 law, known as HB 20, “chills no speech whatsoever. To the extent it chills anything, it chills censorship.” The dissent said the U.S. Supreme Court will have the last word.
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.
Texas Supreme Court Term Preview: Key Business Cases
Business cases involving noneconomic damages, force majeure, TCPA, arbitration, class actions, oil and gas, insurance and ERCOT are on the docket at the Texas Supreme Court this term.
What this Summer’s Blockbusters Can Teach Us About LinkedIn
Is your LinkedIn profile in need of a summer reboot? Award-winning business development and marketing professionals from Dykema share best practices inspired by the summer’s blockbuster movies.
Bankruptcy Judge ‘Conditionally Approves’ Brazos Disclosure Agreement After Intense Hearing
Over the objection of a single power generator and distributor, U.S. Bankruptcy Chief Judge David Jones of Houston gave “conditional approval” of a multibillion-dollar preliminary settlement agreement – aka a “disclosure statement” – in the Brazos Electric Power Cooperative bankruptcy case. The 74-minute hearing was intense at times because of an exchange with a lawyer for South Texas Electric Coop, but Judge Jones said Brazos’ “very complicated” 172-page proposed agreement “strikes a very nice balance.”
Key Items for Associates to Consider in a Public M&A Transaction
This article goes behind the scenes of a merger earlier this year involving a Richardson-based digital signage company from the vantage point of an associate.
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.