While diversity, equity and inclusion efforts will likely continue to face headwinds, experts say the legal profession can take specific steps to mitigate the potential impact of the Supreme Court’s recent decision that banned affirmative action in higher education. Natalie Posgate sought insights from corporate in-house lawyers, law firm leaders and affirmative action experts on what the impact may be and what the reaction should be going forward. As one lawyer put it: “It’s up to us to take a stand and make a difference.”
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P.S. — Winstead’s New Diversity Chair, Baker Botts’ Pro Bono Win, LANWT’s ABA Award
This edition of P.S. highlights July dates, times and locations of the Dallas Volunteer Attorney Program’s legal aid clinics (with info on this month’s sponsors); a prestigious public service award that the American Bar Association will present to Legal Aid of NorthWest Texas in August, two Winstead lawyers taking leadership roles in DEI and a pro bono win by Baker Botts in the U.S. Supreme Court.
Texas Supreme Court Provides Important Guidance on the Attorney-Client Privilege
Last week, the United States Supreme Court and Texas Supreme Court issued several high-profile opinions as they cleared the dockets from last year’s terms. With so many rulings issued at once, it could be easy to miss an opinion from the Texas Supreme Court with important practical implications for the attorney-client privilege under Texas law.
Kane Russell Coleman Logan Team Comes Through for Unsecured Creditors in Icahn Co. Bankruptcy
Joe Coleman, John Kane, Brian Hail and a team of other lawyers from Kane Russell Coleman Logan recently secured a favorable outcome for a group of unsecured creditors in a bankruptcy proceeding for a Carl Icahn-owned company, Auto Plus. At the outset, it seemed the unsecured creditors stood to recoup none of their roughly $200 million in unsecured debt, but the legal team overcame three key challenges on its way to recovering more than $57 million: Auto Plus’ apparent administrative insolvency, a fast-tracked sale of assets already in motion and “the specter of the fact that Carl Icahn was the ultimate owner,” Coleman said. “Obviously, Mr. Icahn has an enormous reputation, he’s a very shrewd businessman.”
Getting Schooled on Mediation
Tapping a Texas-based legal scholar for insights into alternative dispute resolution.
CDT Roundup: 16 Deals, 10 Firms, 105 Lawyers, $6.9B
In addition to warmer temperatures, the end of spring brings us the end of Q2/H1, and a good time to check on the mid-year status of dealmaking. This week is our roundup of what the CDT Roundup has been reporting for the past six months. That, and a roster of lawyers involved in the 11 M&A/Funding deals and five CapM transactions reported last week.
Litigation Roundup: Settlement Reached in $352M Injury Case, SCOTX Sides with UT in Document Fight
In this edition of Litigation Roundup, the Texas Supreme Court held that the attorney-client privilege means a conservative nonprofit news organization cannot get access to certain documents stemming from a University of Texas admissions process investigation, and the parties on either side of a personal injury lawsuit that netted a $352 million jury verdict told an intermediate appellate court a settlement has been reached.
Expansion of Environmental Justice and Title VI Scrutiny Raises New Questions for Heavy Industry Projects in Texas
Increasing scrutiny around EJ impacts of infrastructure projects and permitting at the federal and state level could have massive impacts for industry in the form of permit delay and even denial where EJ impacts are identified and not adequately addressed. Companies in Texas should consider EJ impacts more systematically through their project planning processes to be prepared for increased scrutiny, inquiry and potential investigation around the impacts to surrounding communities and the demographic makeup of those communities.
Assisted Living Center Fall Case Dismissed Under Medical Liability Act
The Texas Supreme Court said the wrongful death case was improperly cast as a premises liability claim. The plaintiff will lose her day in court by failing to meet a deadline for submitting an expert report required for health care liability claims. The assisted living industry was watching closely.
Divided SCOTX Sides with Jim Crane in Astros Sale Suit
In a 7-2 ruling issued Friday morning, the last day of the court’s term, the justices denied a request from the former owner of the Houston Astros, Drayton McLane, to bring an early end to a lawsuit brought by the team’s current owner, Jim Crane, alleging lies and deceptions caused him to overpay for the team in 2011. The ruling means Crane will have a chance to proceed with a trial in Harris County where he is seeking to recoup the entire $332 million he paid for a stake in the Houston Regional Sports Network that was part of his $615 million purchase of the Major League Baseball team.