Nick Kennedy, a partner in the firm’s Dallas office, recently argued his first case before the U.S. Supreme Court. He sat for an interview with The Lawbook about the experience, the preparation and the possible ramifications of the court’s decision.
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Expert Voices: ‘Dear GC, You May Need to Amend Your Form Natural Gas Contracts’
The Uniform Commercial Code — in all its forms — tells us that the increased or unforeseen cost of selling a good alone does not excuse performance. After all, a rise in prices or the collapse of a given market is no justification, the UCC states, “for that is exactly the type of business risk which business contracts made at fixed prices are intended to cover.” But recent case law puts a finer point on the issue and may require lawyers to refine their form natural gas purchase and supply contracts to redefine force majeure in certain circumstances.
Mattress Firm GC Kindel Nuno Leads $4B Sale to Tempur Sealy
Houston-based Mattress Firm emerged from bankruptcy in November 2018 after only two months. The deal, which is likely to require antitrust scrutiny, involves more than 3,000 brick and mortar stores worldwide.
Irving-Based Mining Co. Can’t Recover $48M Mexican Judgment
The ruling is the latest — but surely not the last — in an 11-year litigation war over the operation of a gold mine in Sinaloa, Mexico.
FedEX, Amici Tell 5th Circ. $365M Punitive Award Can’t Stand
The International Association of Defense Counsel, the Federation of Defense and Corporate Counsel, Airlines for America, the U.S. Chamber of Commerce and Lawyers for Civil Justice all filed amicus briefs in support of FedEx last week. FedEx is fighting a $366 million jury verdict in favor of former employee Jennifer Harris.
Fewer Texas Corporate Counsel Faced Lawsuits Last Year than In-House Lawyers Reported Nationally
A Norton Rose Fulbright study shows state in-house lawyers see less risk ahead in workplace, other dispute areas.
CDT Roundup: 20 Deals, 18 Firms, 196 Lawyers, $3.3B
While the economy is encountering stress in some areas, some firms are reporting high levels of activity for their Texas corporate lawyers during the first months of 2023. One of them is Dykema, and the Corporate Deal Tracker Roundup this week peeks at what their five Texas locations have been up to. Of course, it wouldn’t be a roundup without rounding up the names of lawyers and firms that reported 20 deals worth $3.3 billion last week. There was even an IPO sighting — and a standard IPO at that.
Big Winners 2023 Houston Corporate Counsel Awards: BMC Software, Brookfield, Sitio Royalties, Cactus, Ocean Point Terminals
The two finalists for the 2023 Houston General Counsel of the Year Award for Large, Small and Solo Legal Departments were each separated by one point in their respective categories. The finalists for Senior Counsel of the Year for a Midsized Legal Department were separated by a mere two points. On Thursday night, the Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook announced the winners at the 2023 Houston Corporate Counsel Awards ceremony.
The names included Dionne Hamilton, Fred Day, Carolyn Benton Aiman, Amy Blumrosen, Raymond Chang, Rishi Varma, Jude Andre, Brett Riesenfeld, Mark Chavez, Pat Tagtow, Sarah Menendez, William Marsh, Averill Conn, Hakim Effiom-Dauw, Rob Ellis and Joe Davidson.
Litigation Roundup: SEC Calls Out $155M ‘Ponzi Scheme,’ Air Force Contract Fraudsters Owe $70M in Restitution
In this week’s edition of Litigation Roundup, the U.S. Securities and Exchange Commission has filed suit against a Texas company it accuses of perpetrating a $155 million Ponzi scheme affecting more than 500 investors, a fracking project funder alleges fraud in a $1.8 million deal, and the Texas Supreme Court clarifies the requirements to bring a Texas Whistleblower Act claim.
Business Court Proposal Focused on Areas with Elected Democrats
House Bill 19 was amended during floor debate to target the new system for complex business cases towards urban areas where the courts have shifted in recent election cycles from Republicans to Democrats. The House rejected a proposed amendment to have the specialty court judges elected rather than appointed by the governor.