The amount of construction in Texas has boomed over the past few years, driven by population expansion and the consequent investments in infrastructure, office and retail to support the ever-growing body of residents. Naturally, with more construction comes more construction litigation. This article takes a look at the three issues driving construction litigation: construction defect claims, delay damages due to rising costs and shortages, and first-party insurance claims.
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Litigation Roundup: SCOTX Clarifies Jurisdiction of 15th Court of Appeals
In this edition of Litigation Roundup, the Texas Supreme Court answered a burning question about the jurisdiction of the Fifteenth Court of Appeals, and Google moves to arbitrate a negligence lawsuit over an AI chatbot.
EEOC Targets 13 Law Firms Operating in Texas for DEI Initiatives
The new acting chair of the Equal Employment Opportunity Commission has sent a 10-page letter to 20 different corporate law firms — 13 of them with operations in Texas, though no Texas-based law firms — demanding detailed information about their diversity, equity and inclusion efforts and decision making. The letters, which are addressed to the leaders of each of the law firms, demand that they “fully identify all clients that have diversity preferences or any demographic-related requirements for matters, including but not limited to race or sex requirements for the employees staffed on their matters.”
O’Melveny, SMU Law Clinic Secure Pro Bono Win for Permanent Injunction Over Jail’s Mail Policy
U.S. District Judge Amos Mazzant entered a permanent injunction in a First and Fourteenth Amendment lawsuit against Grayson County and its sheriff that requires the jail to allow books, magazines and other correspondence sent to incarcerated people from the nonprofit prison advocacy Human Rights Defense Center. The Florida-based group is represented on a pro bono basis by O’Melveny & Meyers and the Southern Methodist University Dedman School of Law’s First Amendment Clinic.
CDT Roundup: 13 Deals, 13 Firms, 155 Lawyers, $13.7B
In this edition of CDT Roundup, there were 13 deals valued at $13.7 billion. Although the value included an $8.5 billion M&A transaction involving cellular infrastructure, that ranks far better than the prior week’s anaemic 7 deals for $2.2 billion, whose value base included a $2 billion loan. For the same week in 2024, we saw 11 transactions valued at $11.4 billion.
Media Matters Taps Susman Godfrey, Gibson Dunn to Sue X Corp. and Elon Musk
Texan Elon Musk, who has seen his net worth plummet hundreds of billions of dollars this month due to a steep decline in Telsa stock, quietly added a new foe last week — Susman Godfrey and Houston partner Justin Nelson — which could be a courtroom-size headache for the world’s wealthiest person. Nelson, who led the Dominion Voting Systems $787.5 million victory over Fox News in 2023, filed a federal lawsuit on behalf of Media Matters against X Corp/Twitter, accusing the social media platform and its owner of abusing the civil justice system to get vengeance against media entities that he blames for his economic losses.
EQT Group, Zayo To Acquire Crown Castle’s Fiber Solutions and Small Cells Business for $8.5 Billion
EQT Group announced Thursday that it had acquired Crown Castle’s small cells solutions business for $4.25 billion through its EQT Active Core Infrastructure fund. In addition, EQT and Digital Bridge-backed company Zayo also announced its own acquisition of a Crown Castle fiber solutions business for $4.25 billion. Lawyers from Kirkland & Ellis and Simpson Thacher & Bartlett are advising on the deals.
P.S. — Toyota and Baker Botts Bring Legal Aid — and Laughter — to Exploited Victims
For several weeks that a woman found refuge at Dallas’ New Friends New Life for formerly trafficked and sexually exploited victims, the staff hadn’t seen a small measure of her joy: laughter.
Finally, at a pro bono legal intake clinic with attorneys from Toyota North America and Baker Botts, staffers caught a glimmer of hope as they heard the woman laugh after receiving legal aid. It was a moment that resonated with the staff and the volunteer lawyers, said Scott Young, managing counsel of Toyota North America in Plano.
“That is more than just turning a page,” Young said. “That’s like freeing her from her limitations.”
Texas Transaction Trailblazers: Michael Piazza Led in Deals, Shamus Crosby in Dollars
Driven by a mix of private equity interest, family office investments and strategic consolidations across multiple sectors, dealmaking was strong in 2024, particularly in Texas, revealing resilience even as the year closed amid tightening credit and unexpected headwinds. Two lawyers stood out in that Texas M&A landscape, each making their mark in distinct ways: Gibson Dunn’s Michael Piazza and Simpson Thacher’s Shamus Crosby.
Planning for Growth in a Contracting Economy
Without a doubt, all law firms will eventually be tested on their ability to survive a contracting economy. Not all firms will pass the test.