In this edition of Litigation Roundup, the Austin appellate court rejects Texas’ bid to cut two qui tam whistleblowers out of their share of a $236 million settlement with Xerox, the Fifth Circuit finds Tesla’s uniform policy does not run afoul of the National Labor Relations Act and two Dallas pain doctors are indicted in a $12 million fraud scheme.
More Stories
New Texas Solicitor General Inherits Platform to Change Federal Law and Policies
BYU law professor Aaron Nielson is a renowned scholar and “a key member of the conservative legal movement” with expertise litigating against alleged regulatory overreach by federal authorities, according to lawyers and academics familiar with his work and even those who have battled him in court. The new Texas solicitor is an expert on the Administrative Procedure Act, a 1946 law that governs how federal agencies develop and implement regulations and a statute that Paxton has repeatedly used to challenge the authority of federal agencies. But in this article, The Texas Lawbook examines Nielson’s work on a 2020 U.S. Supreme Court case in which he was appointed by the justices to, ironically, brief and argue in favor of the constitutionality of the Federal Housing Finance Agency’s structure — a position that legal experts agree his boss, Texas AG Ken Paxton and other anti-federal agency advocates opposed. Nielson’s arguments won the day.
Jury Awards Ex-Houston Firefighter $250K in Nude Video Lawsuit
Melinda Abbt was awarded about $130,000 in mental anguish and exemplary damages and about $120,000 in attorney fees Thursday by a Harris County jury that agreed her former direct supervisor at the Houston Fire Department had unlawfully shared an intimate video of her with a fellow firefighter in 2007. Abbt didn’t find out about the disclosure until 2017 and filed suit the next year. She was unable to return to work after learning the video she made for her husband had been circulated.
The Corner Office: Q&A with Trey Cox
In this new thought leadership series, Dallas legal recruiter Kate Cassidy talks with Gibson Dunn’s Trey Cox about litigation trends in Texas, career advice for young attorneys, what he’s reading right now and more.
P.S. — Pro Bono Honor Roll, Civility in the Paxton Trial & More Accolades
This edition of P.S. features a new bank that joined a program that finances civil legal services in Texas through IOLTA accounts, a firm that recently became Mansfield 6.0 certified, recent awards received by Texas law students and law schools and law school staff and faculty for their dedication to pro bono, two lifetime achievement awards, a Texas firm’s recognition for its veteran pro bono work and an ABOTA civil and ethics-oriented award given to a special prosecutor in the Ken Paxton impeachment trial.
UPDATE – CDT M&A Lead Law Firms: Kirkland, Latham, V&E, Sidley, Gibson Dunn (As of Oct. 31)
The Texas Lawbook’s exclusive Corporate Deal Tracker lists the law firms whose Texas lawyers were lead counsel in M&A transactions for the buyers, sellers and targets between Jan. 1 and Oct. 31 this year. Sixteen of them led 10 deals or more, six were lead counsel on 25 or more transactions, two firms led 50 or more deals and one firm’s Texas lawyers have been lead counsel on more than 100 M&A transactions during the first 10 months of 2023.
CDT Law Firm Rankings 2023 (as of Oct. 31)
Texas lawyers for Kirkland & Ellis officially crossed the 100-deal count threshold and the $100 billion deal value mark in October, according to exclusive new Texas Lawbook Corporate Deal Tracker
Texas M&A Firm Rankings
Texas Real Estate Groups Sued for Inflated Commissions ‘Conspiracy’
A new antitrust lawsuit filed in Texas names more than 30 real estate companies and associations across the state that home sellers QJ Team and Five Points Holdings allege have participated in a conspiracy developed by the National Association of Realtors that saddles home sellers with costs that should be borne by buyers. The proposed class action lawsuit alleges the practice results in inflated commissions and increased home prices. Last month in a similar lawsuit, a federal jury issued a $1.78 billion verdict to the sellers of about 260,000 homes in Missouri, Kansas and Illinois.
CDT Roundup: 15 Deals, 13 Firms, 179 Lawyers, $9.8B
A recent Mergermarket survey of top global private equity executives yielded few surprises concerning the once and future deal environment. The survey, conducted on behalf of Dechert, revealed that more than a quarter of respondents cited interest rates as the most important factor in determining deal development in the next 12 months. Among the few surprises, however, was the overwhelming and newly found attraction to take-private deals. The Roundup looks at the data, as well as the firms and lawyers behind 15 Texas-related transactions reported last week.