In a decision favorable to pharmaceutical prescribers, the United States Supreme Court in Ruan v. United States held that the government must prove beyond a reasonable doubt that a defendant knowingly or intentionally violated the Controlled Substances Act. The decision firmly establishes a good faith defense, and good faith jury instruction when supported by sufficient evidence, for criminal defendants charged with CSA violations.
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Litigation Roundup: TCU Hazing, Ripped Gloves, Attorneys’ Fees Galore
A final judgment in a commercial landlord-tenant dispute. Another juror contracts Covid-19, delaying trial proceedings for a second time. A group of Houston lawyers score big in Las Vegas. All that and more in this week’s litigation roundup.
Brazos Legal/Financial Advisor Fees Hit $80M
As Brazos Electric Co-op edges closer to a solution in its $1.9 billion bankruptcy case, the Waco-based power retailer is discovering the cost of getting a resolution is not cheap. The lawyers and financial advisors working on the Brazos restructuring for the past 15 months have already billed nearly $80 million for their services, according to court records. The final price tag will likely exceed $100 million, according to lawyers involved in the case. The Texas Lawbook has the details.
Ben & Jerry’s Sues Parent for Backtracking on West Bank Ice Cream Sales Stance
Famed ice cream maker Ben & Jerry’s sued Conopco, a subsidiary of parent company Unilever, in Manhattan federal court Tuesday morning alleging a deal Unilever struck regarding sale of the company’s ice cream in the West Bank violates their 2000 merger agreement. The lawsuit, filed by AZA, presents a conflict between the prerogative of Ben & Jerry’s independent board to make decisions about its social missions and its parent company’s authority over finances and operations.
Brazos Electric Co-op Nears Deal in Bankruptcy
Brazos Electric Power Cooperative has reached an agreement in principle with most of its creditors that could result in the Waco-based power supplier exiting bankruptcy by fall. The agreement, which has the support of ERCOT and power generators such as Calpine, calls for Brazos to sell some assets, provides concessions from the power generators and allows Brazos to exit bankruptcy with its co-op structure. But there are still major hurdles ahead.
New Fortress, Apollo Join in $2B LNG Venture
The platform will be 80 percent owned by the private equity giant and 20 percent owned by the company, freeing up capital that can be used elsewhere.
CDT Roundup: 18 Deals, 13 Firms, 152 Lawyers, $8.6B
Vinson & Elkins is rocking what seems like a deal a day these days; sometimes two. Of late, Houston partner Steve Gill has been carrying the V&E banner for what sometimes seems like a firm cast of thousands. This week’s CDT Roundup spotlights a couple of his recent transactions, along with the other Texas lawyers who reported more than $8 billion in deals last week.
In a Texas Capital Case, the Supreme Court’s Denial of Cert Bewilders the Appellate Defenders Who Pursued It
The high court’s decision in the long-running Terence Andrus v. Texas capital-murder case was a surprise for Andrus’s lawyers who worked hard to convince courts that Andrus was beset by egregious ineffective assistance of counsel at his earliest trials.
McDermott Opens in Austin
Chicago firm McDermott, Will & Emery has opened an Austin office with the hiring of eight intellectual property partners from Baker Botts. It’s the firm’s third office in Texas and 22nd worldwide.
CDT Roundup: 15 Deals, 13 Firms, 146 Lawyers, $6.1B
Two Texas buddies from high school and college have made millions together in the oil & gas business under the name Double Eagle. In fact, they’re still making deals. The CDT Roundup details their latest venture, as well as the deals reported by Texas lawyers last week.