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Mark Cuban to ETP: Big Trials Often Focus on Confidential Emails

(March 12) – Juicy email messages have been at the heart of two of the biggest trials in Texas during the past six months. Mark Cuban’s emails supported his claim that he didn’t violate federal securities law on insider trading, but emails in the Energy Transfer Partner case against Enterprise Products led the jury to award ETP $319 million in damages.

Emails can undercut inconsistent trial testimony or buttress the credibility of testimony that is consistent with the electronic record. A collection of such messages can frame the chronology of a dispute and take the jury back in mind from the time of trial to the time when the controversy arose. This article explains in detail how good trial lawyers see past the discovery headaches and spend appropriate time in trial preparation planning for their admissibility and effective use.

The Behind-the-Scenes Story in Mark Cuban’s Insider Trading Trial

As Tom Melsheimer gave his closing argument to the jury last October, his client slipped him a piece a paper. “He wanted me to tell something to the jury,” Melsheimer said. “He’s Mark Cuban, so I told it to the jury.”

Melsheimer’s comments were part of a 90-minute CLE program hosted Thursday evening by The Texas Lawbook, SMU Dedman School of Law and the General Counsel Forum.

The program, which also featured Cuban Companies General Counsel Robert Hart, litigation consultant Jason Barnes, Bell Nunnally white-collar defense expert Jeff Ansley and SMU Dedman law professor Linda Eads, focused on behind-the-scenes moments involving the U.S. Securities and Exchange Commission’s insider trading trial against Cuban.

Texas Lawyers Play Key Role in SCOTUS Securities Litigation Debate

When the U.S. Supreme Court conducted oral arguments this past week in a case that could potentially significantly restrict large class action securities lawsuits across the country, there was a very strong Texas flavor. The lead lawyer arguing the case was from Baker Botts in Houston and the lawyer who authored a legal brief that many experts predict will be decisive in the justices’ ultimate decision was from Vinson & Elkins in Austin.

NBA Team Values: Three Ways Mark Cuban and Some of His Owner Brethren Are Cashing In

In a recent article, Mark Cuban commented how media revenues will push NBA valuations far higher than they are currently.

“If we do this right, it’s not inconceivable that every NBA franchise will be worth more than $1 billion within ten years”, he said.

While that observation could be on the money, it’s not the only engine that drives NBA team values. The undergirding economics of these teams are complex and nuanced. The values are primarily by three different factors, some that cannot be controlled by owners and their advisory teams, but others that can be.

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