In early June, the U.S. Judicial Panel on Multidistrict Litigation transferred to U.S. District Judge Ada Brown a group of proposed class action lawsuits brought by dozens of lawyers over the AT&T data breach. Lawyers representing the plaintiffs — who are among the 73 million current and former customers who had their personal information released on the dark web — are already jockeying for leadership positions in the sprawling litigation.
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P.S. — Lawyer Joins PUC; DBA Takes Home Slew of Awards
This week’s edition of P.S. includes an upcoming inaugural convention in Houston aimed at supporting and empowering Asian Americans and Pacific Islanders, a series of awards recently received by the Dallas Bar Association and the 4/11 on the PUC’s newest board member, who happens to be a lawyer.
Iconic Texas Department Store Chain Neiman Marcus Sold to Saks for $2.65B
Willkie Farr advised the buyer while Sullivan & Cromwell assisted the Dallas-based seller, which Vogue once noted, “is Texas with a French accent.”
Jury Awards $18M to Houston Lawyer Injured in Wreck
John Scott, formerly of Scott, Clawater & Houston, his wife and son were seriously injured in a wreck while visiting family for Christmas in 2020. A Dallas County jury determined a drunken driver was liable after a four-day trial.
Motions Fly, Ex-Judge to be Deposed in SDTX Bankruptcy Court Romance Scandal Litigation
The litigation regarding the secret relationship between former Houston Bankruptcy Judge David Jones and former Jackson Walker partner Elizabeth Freeman heated up Tuesday when the U.S. trustee seeking to claw back $13 million in legal fees from the Texas law firm asked Southern District of Texas Chief Bankruptcy Judge Eduardo Rodriguez to reject Jackson Walker’s “no harm, no foul” defense and Jackson Walker won the battle to depose Judge Jones as part of its defense against the trustee’s efforts.
At the same time, in separate but related litigation, lawyers for former Bouchard Transportation Company CEO Morton Bouchard asked U.S. District Chief Judge Alia Moses of the Western District of Texas to reject the defendants’ motions to dismiss the racketeering and fraud lawsuit he filed earlier this year against Judge Jones, Freeman, Jackson Walker, Kirkland & Ellis and Portage Point Partners.
Narrow SCOTUS Majority Prohibits Nonconsensual Third-Party Releases in Bankruptcy
While the ultimate outcome of the Purdue Pharma bankruptcy case is likely to remain uncertain for quite some time, the failure to approve the plan may ultimately mean that no money at all will flow to these victims of the opioid crisis. However, the decision also stands to have much broader implications on the use of Chapter 11 to solve complicated problems, especially relating to mass tort cases. Given this potential to alter the landscape of Chapter 11 practice in future cases, the Court’s statutory analysis in the Purdue Pharma decision warrants close scrutiny.
Verizon Owes $847M for Infringement, East Texas Jury Says
A federal jury in the Eastern District of Texas found Verizon infringed on two patents obtained by Dallas-based General Access Solutions in the early 2000s. Verizon vowed to appeal the verdict.
Ex-Highland Capital Management CEO Can’t Duck Contempt Finding
James Dondero had appealed to the Fifth Circuit in September 2022, arguing the bankruptcy judge wrongly found him in contempt of a temporary restraining order and awarded compensatory damages to Highland. Judge Leslie H. Southwick wrote that the “minor factual issues” Dondero raised on appeal weren’t enough to undo the sanction. “Undergirding our analysis of the sanctions award here is a recognition of the goal of such awards everywhere: ‘to do rough justice,’” he wrote.
CDT Roundup: 14 Deals, 16 Firms, 224 Lawyers, $8.2B
The Corporate Deal Tracker has noticed an uptick in capital transactions over the past few weeks. One firm that seems to be getting its share of CapM deals is Baker Botts. In June alone, BB reported more than $4 billion in 10 capital markets transactions. Claire Poole takes a look at the lawyers behind the action at BB, along with her usual summary of Texas-related deals and the lawyers behind them.
Texas AG Signals Plans to Aggressively Enforce Texas’ New Data Privacy & Security Act
The Texas Data Privacy & Security Act became effective July 1. Along with 17 other states, Texas has now enacted data privacy protections that will require many businesses to comply with new regulations about the collection, use, processing and treatment of personal data. Businesses that operate in Texas should be aware of, and prepared to comply with, the TDPSA immediately. Companies should coordinate with their technology and legal teams to review policies and procedures and ensure their privacy policy, terms and conditions, and other documentation comply with the Texas law and other applicable privacy and cybersecurity regulations to ensure compliance and avoid enforcement actions by the Texas attorney general.