Word this week that a $5.5 billion bank merger was scrubbed in the wake of the coronavirus pandemic may only be the beginning of the bad news from the Corporate Deal Tracker. ‘Buckle up’ is the lesson gleaned from this week’s belated report. Be sure to see a note about that and the absence — for the moment — of our friend and colleague, Claire Poole.
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‘Stay-at-Home’ – Legal Principles Too Important for Partisan Politics
Some lawyers argue against the constitutionality of executive “stay-at-home” orders closing certain businesses. But that misapprehends the nature of rights guaranteed by the Constitution. Indeed, a century of American law suggests that executive officials enjoy broad discretion to impose limits on business activity during a public health crisis.
SCOTX Rules Against The Episcopal Church in $100M Property Dispute
The 8-0 decision Friday by the Texas Supreme Court allows congregants who seceded from The Episcopal Church in 2006 to take church property with them. The Lawbook has the details.
Chron: More than 240 U.S. Energy Bankruptcies Forecast by 2021
If the forecast by Norwegian energy research firm Rystad Energy is true, the number of energy bankruptcies from the coronavirus-driven oil crash will eclipse that of the last bust.
Impressions from the TRRC’s Historic Decision Against Prorationing
The Texas Railroad Commission rejected a motion by Pioneer Natural Resources and Parsley Energy to order statewide production cuts. But the commissioners instituted a number of alternative measures intended to provide temporary relief to the Texas oil and gas industry. This article has the details.
Kirkland’s Fielding Explains Why a Win for a Door-to-Door Solicitor Is Actually Positive
A federal appeals court recently told a town in Colorado that it could not impose a door-to-door soliciting curfew on one of the largest pest control companies in the nation. But the ruling does more than allow the company to knock on residents’ doors at dinnertime; it’s a landmark First Amendment victory too. Natalie Posgate learned more from Jeremy Fielding, the Dallas attorney who prevailed.
Justice Lehrmann, Husband Test Positive for Covid-19
Texas Supreme Court Justice Debra Lehrmann has reportedly tested positive for COVID-19, becoming the first state official known to be infected with the novel coronavirus. Justice Lehrmann confirmed the diagnosis in an interview with The Dallas Morning News.
Flying Cars: Who’s Directing Traffic?
North Texas is ground zero for flying car innovation. Last September, Uber Elevate announced plans to situate the first test site for its fleet of all-electric flying taxis at Frisco Station, one block north of the Dallas Cowboys’ practice facilities. But as is often the case, the speed of technological innovation has outpaced legal regulation. Attorneys at Carrington Coleman examine the emerging legal questions.
SCOTX: “Anti-Washout” Clauses Can Violate Texas Constitution
In a case closely monitored by oil and gas interests, the Texas Supreme Court has ruled that contract clauses designed to perpetuate royalty interests from lease-to-lease can violate the rule against perpetuities. But the outcome of the case itself is less explicit, as Janet Elliott, who has been following the case, explains.
Three Energy Companies, Seven Firms: The Latest on SDTX’s Bankruptcy Docket
The Southern District of Texas has been a hub for corporate bankruptcies for some time, but even more so now as energy companies continue to be crippled by the one-two punch of the coronavirus outbreak and oil price war. Natalie Posgate explains the circumstances behind three new energy bankruptcies in Houston and identifies their lawyers.