The midstream energy markets have been difficult, if not volatile, for some time now. In addition to the final deals of 2018, Claire Poole’s latest CDT Weekly Roundup discusses a new analysis by Morgan Stanley’s Tom Abrams, who suggests 10 things to watch for among midstreams in the coming year.
Existential (Lease) Crisis: When Is a Lease “in Existence”?
In Crow v. Lookadoo, the San Antonio Court of Appeals recently interpreted the phrase “lease in existence” – in the absence of any “subject to” language – as creating an ongoing right for the defendants. This case highlights the need for precise drafting.
Fifth Circuit Dismisses Suit Against Schiff Hardin
The U.S. Fifth Circuit has dismissed a lawsuit filed in East Texas against Schiff Hardin charging that the firm had misrepresented facts to an insurance company during its defense of a products liability lawsuit. Most of the claims had already been dismissed, but the appeals court said the trial judge erred in a novel interpretation of Texas case law.

Sayles & Werbner Going Separate Ways After 25 Years
National law firms seeking to open in Texas repeatedly called Dick Sayles and Mark Werbner in recent years, but the duo always chose to stay partners at their Dallas litigation boutique. Until now. After 25 years, Sayles Werbner has closed.
Appeals Court Tosses West Texas $43.1M Jury Award
The Eleventh Court of Appeals ended 2018 by tossing $43.1 million of a nearly $50 million West Texas jury award, ruling that a group of West Texas oil and gas investors who called themselves “partners” had no partnership at all. Allen Pusey explains.
New CBRE Report Highlights Factors for Law Firm Growth in Texas
As the legal environment becomes more competitive, law firms are expanding into markets that offer lower costs, strong business environments and large, growing millennial populations – including markets like Austin, Dallas and Houston – according to a new report from commercial real estate firm CBRE.
2018 In Review: The Top 10 Texas M&A Deals
There are lots of reasons for mergers and acquisitions: to simplify corporate structure; to diversify product mix; to extend geographic reach. There is also the need for cash: to pay down debt, to boost shareholder return or to invest in lucrative prospects. In her Top 10 Texas M&A Deals, Claire Poole found an array of those motives on display in 2018.

SCOTX Endorses Arbitration – Yet Again
In yet another show of support for mandatory arbitration, the Texas Supreme Court has ruled unanimously that a duly assigned arbitrator has the power to decide a dispute, even when it involves conflicting court orders. The Lawbook’s Janet Elliott explains.
CDT Roundup: 17 Deals, 13 Law Firms, 87 Texas Lawyers, $2.57B
As the year ends, at least one trend is becoming clear: private equity funds are getting larger, generating a need for more and bigger investments. In her weekly Roundup, The Lawbook’s Claire Poole shows how that will likely affect dealmaking in 2019.

GC of the Year, Litigation of the Year & Rookie of the Year: Finalists for the 2018 DFW Outstanding Corporate Counsel Awards Are…
The general counsel and corporate legal departments at Adeptus Health, AT&T, Capital One, EnLink Midstream, Interstate Batteries, J.C. Penney, Kimberly-Clark, Match, North Texas Tollway Authority, NGP Energy Capital, Pier 1 and Toyota are finalists for the 2018 Outstanding Corporate Counsel Awards in North Texas. The Lawbook has details.
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