This week’s edition of P.S. features a new graduate program at St. Mary’s School of Law for special education advocacy, a holiday toy gift drive by Gray Reed, a Target shopping spree sponsored by Witherite Law Firm that benefits a local nonprofit bridging the gap between teens and law enforcement and an event honoring the major donors of the Dallas Volunteer Attorney Program’s Equal Access to Justice Campaign.
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Fifth Circuit Panel: En Banc Court Needs to Change ‘Favorable Termination’ Rule Precedent
The U.S. Court of Appeals for the Fifth Circuit has developed a reputation for divisiveness among its members. But Thursday, Judge Don Willett, Judge Carolyn King and Judge Dana Douglas — three jurists with widely differing judicial leanings — issued a unanimous opinion that highlighted a major injustice, publicly sought a reversal of precedent by the full Fifth Circuit and demonstrated judicial restraint. The case is the story of Erma Wilson, who was falsely accused and wrongly convicted of cocaine possession 22 years ago in Midland.
“Erma Wilson placed her faith in the justice system, trusting she would get due process and a fair trial,” Judge Willett wrote. “Wilson’s faith was misplaced. In Wilson’s trial — and in hundreds of others in Midland County spanning decades — bedrock judicial norms were dishonored.”
V&E Team from Houston Notches Defense Win in $100M California Suit
The team, led by Jim Thompson, Nicholas Shum and Stephanie Noble had been defending Aera Energy against the claims lodged by business partners Vaquero Partners and Madison Energy for two years before the two-month trial began in October. The jurors deliberated for about a day and a half before determining Vaquero and Madison were entitled to no damages related to Aera’s operation of the Bakersfield-area oil and gas lease.
Houston Appeals Court: Power Generators Had ’No Legal Duty’ To Retail Customers During Winter Storm Uri
In a significant legal blow to victims of Winter Storm Uri, large power generators in Texas scored a decisive multibillion-dollar defense victory Thursday when a Houston appeals court ruled that wrongful death, personal injury and property damage claims against the generators have “no basis in law or fact.”A three-judge panel of the First Court of Appeals in Houston ruled that “Texas does not currently recognize a legal duty owed by wholesale power generators to retail customer s to provide continuous electricity to the electric grid, and ultimately to the retail customers.”
Navigating Artificial Intelligence in the Lone Star State: Biden’s Executive Order on AI
The sweeping new executive order titled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” issues orders to more than 20 federal agencies and will impact businesses across Texas. The order stands as one of the first federal statements regarding AI in the U.S. and includes a complex oversight and enforcement regime modeled on EU product-safety legislation.
CDT Roundup: 26 Deals, 17 Firms, 244 Lawyers, $14.6B
It’s not that unusual, particularly in these days of energy consolidation, to have three billion-dollar deals. But this week saw three billion-dollar deals in three completely different business sectors: pharma, airlines and clean energy. The Roundup takes a look at the whys behind those deals, along with a huge menu of 26 deals, including 10 capital markets transactions (one of which was a very rare IPO and none of which involved Shohei Ohtani). And, of course, the names of the 244 lawyers who worked on them.
Susman Godfrey Associates Reap Benefits of Litigation Successes
Susman Godfrey said its first-year firm associates will receive median bonuses of $150,000 and that its most senior associates will be getting an annual bonus of $350,000. Most corporate law firms awarded bonuses ranging from $15,000 to $115,000.
Litigation Roundup: SCOTX Will Hear PUCT Authority Case, Short-term Rental Restrictions in Dallas Halted
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.
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.