The decision to keep secret the relationship between then-U.S. Bankruptcy Chief Judge David Jones and Jackson Walker bankruptcy partner Elizabeth Freeman was made by Judge Jones in 2020 at the start of the multibillion-dollar corporate restructuring of McDermott International, a lawyer for Freeman stated in court documents filed late Monday in federal court in Houston. Prominent Houston corporate bankruptcy lawyer Tom Kirkendall, who represents Freeman in the ongoing litigation related to Freeman’s relationship with Judge Jones, wrote that neither Jackson Walker nor Kirkland & Ellis were aware that the couple were living together or were romantically involved and that the federal lawsuit against them should be dismissed.
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SCOTX Hears Arguments in APA Challenge to PUC’s OK of Post-Uri Pricing Rule
The Texas Supreme Court must decide two things: Is the new protocol for setting prices in an electricity emergency a “competition rule” under the Public Utility Regulatory Act? And if it is, did the Public Utility Commission of Texas exceed its authority under either PURA or the Administrative Procedure Act in approving it?
CDT Roundup: 21 Deals, 13 Firms, 186 Lawyers, $11.4B
Even with an economy that seems headed for a soft landing, there are bumps on the runway. And one of the biggest and most obvious bumps to dealmakers is in real estate — especially commercial real estate, which had problems even before Covid sent workers home. The tumble in CRE hasn’t reached a crash, but a correction is coming, according to a recent report by PitchBook. The Roundup this week takes a look at the report and its relevance to Texas, where even a surge in employment hasn’t managed to fill a growing number of office buildings. Those details and the usual rundown of last week’s Texas-related deals.
Ben Barnes Talks Leaving Kirkland, Launching Texas Office for Missouri Boutique
Texas’ growing economy and “dynamic legal market” present “many opportunities for a nimble firm like Dowd Bennett,” Barnes said in an interview with The Texas Lawbook following the announcement of his move from Kirkland & Ellis. Barnes, now a partner at Dowd Bennett, has long-held ties to St. Louis, where the litigation boutique is based.
Litigation Roundup: Match Group Hires Sidley to Defend Class Action; Judge O’Connor Recuses in CFPB Challenge
In this edition of Litigation Roundup, Jerry Jones gets a defamation lawsuit brought by a woman claiming to be his daughter dismissed after the plaintiff’s failed attempt to amend the claims, the ExxonMobil Oil Corporation gets its win in a coverage dispute with AIG affirmed by a Dallas appellate court and the U.S. Court of Appeals for the Fifth Circuit calls out a federal judge in McAllen for denying a motion to dismiss a retaliation lawsuit with “no analysis period.”
Kirkland Hires David Beck, Seeks Dismissal from Judge Jones Bankruptcy Romance Lawsuit
Kirkland & Ellis lawyers had no knowledge that former Houston Bankruptcy Judge David Jones was having a secret romantic affair with a former partner at a Texas law firm that served as its co-counsel in dozens of corporate restructurings and that Kirkland cannot be held accountable for the ethical lapses of the judge in those cases, according to court documents filed Friday. Lawyers for Kirkland, which include David Beck, argue that the Chicago-founded law firm should be dismissed from a federal racketeering lawsuit that accuses Kirkland and its co-counsel at Dallas-based Jackson Walker of exploiting the relationship between Judge Jones and former Jackson Walker partner Elizabeth Freeman. Jackson Walker has hired Rusty Hardin and Judge Jones is being represented by McKool Smith.
SCOTX to Review MDL Transfer in Sex-Trafficking Case Against Facebook
The court responded to a call by former justice Scott Brister to clarify standards for a “tag-along” transfer to the existing Salesforce MDL in Harris County. Such direction has been lacking in previous reviews of MDL transfers over the past 20 years, Brister says.
Former Senior SEC Lawyer Scott Mascianica Leaves Holland & Knight for Hilgers Graben
Mascianica joins the firm as a partner and head of its Government Investigations and Regulatory Enforcement group. Mascianica shares why the career move was “too good of an opportunity to pass up” in an interview with The Lawbook.
Oversight Board Constitutionality Case Gets Transferred to D.C. District Court
U.S. District Judge Karen Gren Scholer of the Northern District of Texas said a John Doe auditor’s argument that the case should be heard in Texas is “unpersuasive.” The lawsuit challenges the constitutionality of the U.S. Public Company Accounting Oversight Board’s disciplinary proceedings.
P.S. — People’s Law School, Fat Checks from Washington, Relief for Ranchers
This week’s edition of P.S. features a disaster relief fund offering financial aid to ranchers affected by the Panhandle wildfires, Congressional funding news for civil legal aid in Texas, an upcoming legal knowledge education event for the public at a Central Texas law school and the Texas Bar Foundation’s recipient choice for its annual public service and legal ethics-oriented award.