The stories of Black people in this country are the stories of people who have achieved great success in all areas of life while nearly always starting at a deficit. My story and the stories of those like my father affect my practice every single day.
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Fifth Circuit Judges Reveal Keys to Appellate Success
Three Fifth Circuit Appeals Court judges told 500 lawyers attending the Northern District of Texas Federal Bench Bar Conference on Friday about critical mistakes that lawyers make in their briefs and oral arguments. Judge Catharina Haynes, Judge Gregg Costa and Judge James Ho provided extraordinary behind-the-scenes insight into the operation of the Fifth Circuit, including what the judges think about introductions in briefs and decisions on whether to have oral arguments. The Texas Lawbook has exclusive details.
On the Eve of Black History Month, the Very Real Specter of Violence Against HBCUs
From Jan. 31, 2022 through February 1, 2022, more than 20 historically Black colleges and universities were forced to lock down their campuses and, in some cases, cancel classes after receiving bomb threats. Sidley attorney Marian Fielding, a graduate of Florida A&M University, describes how the threats, though thankfully did not result in any physical harm, still leave collateral damage.
Judge Tells Former PUC Chair: ‘I Am Disappointed at Your Lack of Candor’
The chief federal bankruptcy judge in Houston publicly questioned the truthfulness of the former chair of the Public Utility Commission who testified Thursday under oath about her role in the Winter Storm Uri power-grid fiasco.
Dallas Appeals Court Strips ERCOT of Sovereign Immunity Defense
The Fifth District Court of Appeals in Dallas ruled Wednesday that the Electric Reliability Council of Texas does not have sovereign immunity from all lawsuits and that the Texas Public Utility Commission does not have exclusive jurisdiction over all claims against ERCOT. The 12-to-1 decision has been widely anticipated because it could have ramifications in hundreds of lawsuits stemming from Winter Storm Uri in which ERCOT is a named defendant.
“To date, the supreme court has not extended sovereign immunity to a purely private entity neither chartered nor created by the state, and this court will not create new precedent by extending sovereign immunity to ERCOT,” Justice Erin Nowell wrote.
Jurors Take One Hour to Toss $26M Life Insurance Claims
After eight days of trial, a Houston federal court jury dispatched life-insurance claims by a woman accused of faking her husband’s death, answering two essential questions: Did she prove her husband was dead (no) and did the insurance companies prove he misrepresented in his application for the insurance (yes).
Brazos Bankruptcy Trial: Ex-ERCOT CEO Knew ‘Financial Storm Was Brewing’ After Winter Storm Uri
The former CEO of the ERCOT told U.S. Chief Bankruptcy Judge David Jones on Wednesday that he would not do anything differently in how the state agency handled the power grid during Winter Storm Uri a year ago and said that setting power prices at $9,000 per megawatt hour was not an error but a decision to “protect the reliability of the system.” Bill Magness is testifying in day two of the bankruptcy trial of Brazos Electric Coop, which is asking Judge Jones to significantly reduce the $1.9 billion ERCOT charged to the Waco-based power supplier during the four days last February when temperatures plummeted to record lows.
CDT Roundup: 22 Deals; 17 Firms; 174 Lawyers; $22.2B
Germany announced this week that it is halting certification of the Nord Stream 2 natural gas pipeline from Russia. Germany is Russia’s largest European market for their gas, so the move is not insignificant. But the move could have even broader significance for the new Texas alternative to alternative energy: LNG. The CDT Roundup explains, along with its weekly roll call of lawyers involved in what was the year’s best week thus far in M&A.
Kirkland and Bell Nunnally Win Jury Trial for AMLI Residential in $38M Dispute
Kirkland & Ellis partner Jeremy Fielding and AMLI Chair Gregory Mutz, a Vietnam War infantry lieutenant turned lawyer turned real estate developer, stood side by side last Wednesday as a Houston jury delivered its verdict. AMLI stood accused of lying, breach of contract and destroying evidence related to the $57 million sale in 2012 of a Houston luxury apartment complex. The verdict, both men say, brought them to tears.
DBJ: New SEC Proposal Could Impair Private Firms, UT Professor Says
Ken Wiles said the amount of increased regulation the proposal outlines could significantly impact firms, with potentially minimal payoff.