October was a fitting month for the Court to take up the ghost gun case. After all, the discretion left to an administrative agency after Loper Bright might be as elusive as a spirit in the night.
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Who Qualifies as an ‘Officer of the United States?’ The Answer May Surprise You
Courts have historically wrestled with who qualifies as an “Officer of the United States”— a term that is used five times in the Constitution and its amendments. Considering that the federal government employs nearly 3 million people, some of the confusion is warranted. But not all. Earlier this year, the U.S. Supreme Court faced the question of whether the president qualified as an officer of the United States. The Court ultimately decided the case on different grounds without clarification on this point.
A federal district court in Florida ruled three weeks ago that any individual who files a qui tam lawsuit under the False Claims Act is an officer of the U.S. and that the FCA’s qui tam provisions are unconstitutional because whistleblowers are not appointed by the executive branch.
Litigation Roundup: Phillips 66 Faces Potential $1.8B in Damages for ‘Willful’ Misappropriation
In this edition of Litigation Roundup, the Fifth Circuit wades into a discovery dispute between X. Corp. and Media Matters, Beck Redden secures a complete defense win for HP in New York, and a jury in California wallops Phillips 66 in a trade secret misappropriation trial.
Rapper Travis Scott, Live Nation Settle Scores of Personal Injury Suits with Astroworld Plaintiffs
Three bellwether plaintiffs were set to have their day in court Tuesday. But late last week, two bellwether plaintiffs were among nearly 100 parties who settled their claims with the performer and venue operator. The trial for a third bellwether plaintiff will be rescheduled.
Legal Fees Hitting $2K an Hour in J&J’s Talc Powder Bankruptcy
The Johnson & Johnson talc powder bankruptcy filing in Houston is less than a month old, but new documents filed Sunday in the case show that it is going to be highly profitable for the lawyers and law firms involved. Over the past three days, lawyers for Jones Day, Porter Hedges, King & Spalding, Skadden Arps, Shook Hardy & Bacon and McCarter & English have filed their official applications to represent Red River Talc, the J&J subsidiary. Jones Day’s Dallas office is the biggest financial beneficiary.
CDT Roundup: 12 Deals, 11 Firms, 136 Lawyers, $5.3B
Dykema’s 20th anniversary M&A Outlook Survey is grounded in optimism, a far cry from the doom-saying that characterizes these final days of the presidential race. The survey, taken between late July and early August suggests that M&A may well thrive between now and mid-2025. The CDT Roundup takes a look at the apparent reasoning behind such optimism, along with the usual list of Texas-related transactions reported last week.
Apache Names David Bernal New VP of Legal
Bernal succeeds long-time general counsel Anthony Lannie, who retired.
Pedernales Electric Coop Names New GC
A long-time energy industry lawyer with extensive experience practicing before the Texas Public Utility Commission and the Federal Energy Regulatory Commission has been named the new general counsel at Johnson City-based Pedernales Electric Cooperative.
P.S. — Bankruptcy Judge Harlin Hale, Craig Glidden, Martha Hofmeister Honored, DFW Corporate Counsel Award Nominations Open
The Association of Corporate Counsel’s DFW Chapter and The Texas Lawbook are now accepting nominations for the 2024 DFW Corporate Counsel Awards, including nominations for Achievement in Pro Bono and Public Service and Achievement in Diversity and Inclusion. In the news this week, the American Bar Association honors former LyondellBasell GC Craig Glidden, and the Federal Bar Association recognizes Dallas lawyer Martha Hardwick Hofmeister for outstanding leadership. On Thursday, the Dallas Bar Foundation presented retired NDTX Bankruptcy Judge Harlin Hale with the Justinian Award.
Plus, The Lawbook thanks Sempra Energy Chief Risk Management and Compliance Officer Carolyn Aiman and Shell USA Head of Legal Travis Torrence for donations to the Texas Lawbook Foundation to support our coverage of pro bono, public service and diversity in the legal profession.
Editor’s note: The Lawbook misspelled Judge Hale’s first name in earlier editions. We apologize for the error.
Of 3,299 State Bar Examinees, Here’s the Top 3
Scores on the state’s bar exam are confidential. Statistics are not. This much we know from the Board of Law Examiners: of 3,299 individuals who took the latest exam back in July, 74.5 percent of them passed. But courtesy of Texas Supreme Court Justice Brett Busby, the court’s liaison to the BLE, we do know the names of the top three examinees.