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Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations

Two senators want to ratchet up the pressure on companies that allegedly run afoul of the law while doing business with the U.S. government. But their proposal may have unintended consequences.

In an Aug. 11 letter to the Department of Justice, Sens. Elizabeth Warren (D-Mass.) and Ben Ray Lujan (D-N.M.) signaled renewed congressional interest in the federal government’s right to suspend or debar government contractors — administrative actions taken by the government to disqualify a contractor from contracting with or receiving funding from the federal government.

HouseCanary, Amrock $740M Trade Secrets Case Heads Back to Trial Court

In a list of orders issued Friday morning, the Texas Supreme Court denied a request for rehearing that HouseCanary lodged on Aug. 4. The real estate analytics startup was asking the court to undo a Fourth Court of Appeals ruling that gave it an ultimatum: submit to a new trial or move for judgment on the jury’s $201 million award tied to a breach of contract claim.

Texas Supreme Court Will Hear ‘Concurrent Causation’ Insurance Dispute

Industry groups argue the burden of proof as to whether property damage is caused by a covered or uncovered cause has erroneously shifted to policyholders when it should be on the insurers. As hurricane season approaches its traditional peak in the state, the Texas Supreme Court will hear oral arguments on Sept. 21 in the dispute that could have major implications for insurance policyholders.

Brazos Electric Bankruptcy Heads to Finish Line

Brazos Electric Power Cooperative is expected to file a final plan within days with a Houston judge that will map the Central Texas power supplier’s road out of bankruptcy and toward financial stability, according to lawyers involved in the litigation. The proposed plan reduces the amount that Waco-based Brazos owes ERCOT by hundreds of millions of dollars, requires Brazos to sell three of its power plants, creates a fund for low-income residents struggling with high electric bills and raises more than $1.5 billion in financing, according to court documents filed in the case.

Fifth Circuit Judge Joins Gibson Dunn

Federal appellate judges almost never resign; and they never ever go back to practicing law. Gregg Costa, the Houston federal prosecutor who sent billionaire financial fraudster Allen Stanford to prison in 2012 and then was appointed to the U.S. Court of Appeals for the Fifth Circuit by President Obama, is doing both. Costa is giving up his black robe and the lifetime job security of a federal judgeship to join the Houston office of Gibson Dunn as co-lead of the firm’s global litigation and trial practice.

Costa is moving his Houston office seven blocks. His new Gibson Dunn office at is about one-tenth the size of his 3,000-square-foot suite at the federal courthouse, but he is getting a bit of a compensation boost. The Texas Lawbook talked with Costa exclusively and has the details.

CDT Roundup: 9 Deals, 9 Firms, 62 Lawyers, $2.3B

Sure, oil and gas transactions are still a big deal in the Texas deal markets. But starting just a few years ago, other business sectors are beginning to make their presence felt in the Lone Star State. Peruse the deals in this week’s CDT Roundup and note the rising role of technology. The Lawbook’s Claire Poole has a few observations on the trend, along with the names of last week’s dealmakers.

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