In this week’s edition of litigation roundup, appellate rulings take center stage. The Texas Supreme Court granted review in a tax dispute between Kinder Morgan and a school district and allowed a sex trafficking lawsuit against Salesforce to proceed. In the Fifth Circuit, a former general counsel and staff attorney at a Louisiana college appeal to revive their pay discrimination and retaliation suit.
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What Private Equity and Family Office Groups Should Know About Purchasing a Company Owned by an Employee Stock Ownership Plan
There are several unique liability issues associated with the purchase of an employee stock ownership plan company which are often overlooked by the purchaser. This article discusses some of the unique liability issues in order to avoid any surprises post-transaction, as well as possible solutions to address these issues.
Pros and Cons of Arbitration vs. Jury Trial for Employers
Should employers consider the inclusion of a mandatory arbitration clause in their employment agreements? This article addresses some of the pros and cons of an employer’s use of an arbitration clause rather than having its disputes litigated before a jury.
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P.S. — More Holiday Giving, Access to Justice & Freedom of Speech
This week’s P.S. features holiday giving to families in need by Dallas and Houston lawyers at Stinson and Hogan Lovells, a special holiday event for fallen veterans, a Jackson Walker lawyer who has been appointed as chairman of the board to a freedom of speech/information nonprofit and the very first access to justice summit that took place in Houston, where two local reporters were recognized.
Government Touts $38.5M Recovery in Case it Argued ‘Never Should Have Proceeded This Far’
Five years after first arguing that the False Claims Act Lawsuit against Academy Mortgage Corporation should be dismissed, the Department of Justice publicized the $38.5 million settlement on Wednesday. This lawsuit marked the first time a judge denied the government’s motion to dismiss an FCA suit, presenting an issue of first impression to the Ninth Circuit panel that heard the case. Earlier this month, a case that asks what authority and discretion the government should have to dismiss whistleblower actions was heard by the U.S. Supreme Court.
Texas Capital Bank’s Anna Alvarado: “Lawyers are expected to be strategic partners”
Last month Texas Capital Bank closed a $3.4 billion sale of its insurance premium finance unit, BankDirect Capital Finance. At the center of that transaction was Anna Alvarado, general counsel of TCB. In a Q&A with Claire Poole, Alvarado discusses that deal, her views on lawyers in the banking business and the steep trajectory of a work life that began picking grapes.
Lessons for Lawyer Leaders from Henry Kissinger
“Study history. Study history. In history lie all secrets of statecraft.”
That was the response Henry Kissinger recalls Winston Churchill giving a student who asked how best to prepare for the challenges of leadership. This advice is especially useful for lawyers in the 21st century.
DFW & Houston Litigation Boutiques Having Record 2022, Paying Record Bonuses
Civil jury trials all but disappeared across Texas for 18 months due to the Covid-19 pandemic, but the reopening of the courthouse in 2022 has meant a blockbuster year for most civil litigation-focused law firms. Boutiques specializing in complex commercial disputes report they are experiencing a record number of trials, depositions and courtroom battles in 2022. The result, according to legal industry insiders, is that Houston and Dallas litigation boutiques are projecting record revenues, profits and associate bonuses for 2022.
SEC Charges Eight ‘Stock-Picking Gurus’ on Twitter with $100M Scam to Manipulate Share Prices
Four Houston-area men were among eight social media influencers accused Wednesday by the U.S. Securities and Exchange Commission of using Twitter, online chat rooms and a podcast to manipulate stock prices in a $100 million trading scam. The SEC complaint filed in federal court in Houston accuses the eight of promoting stocks via social media and then dumping shares they’d purchased once their promotional efforts drove up the stocks’ prices.
Sidley Advises United Airlines in Historic Widebody Aircraft Purchase
A team led from Houston advised the airline in a widebody aircraft inventory overhaul that will include as many as 200 Boeing 787s over the next decade. Along with earlier announced acquisitions, the company says it will be accepting delivery of some 700 new aircraft, averaging delivery of as many as two per week in 2023.