Free Speech, Due Process and Trial by Jury
In a case that presented the court with an issue of first impression, the panel wrote that it would “decline to open that Pandora’s box of frivolous appeals” by exercising jurisdiction in the case. Christopher Novinger had unsuccessfully tried to undo the gag order provision he agreed to in July 2022, and failed again Tuesday.
The U.S. Securities and Exchange Commission filed federal fraud charges Thursday against 17 sales workers with a Houston-based cryptocurrency trading company for allegedly operating a $300 million Ponzi scheme targeting more than 40,000 investors — most of them Latinos.
Following a nearly two-year wait, the Securities and Exchange Commission released its Final Rule — The Enhancement and Standardization of Climate-Related Disclosures for Investors — on March 6. The Final Rule requires publicly listed U.S. companies and foreign private issuers to disclose certain climate-related information in their registration statements and annual reports. This article identifies five key takeaways from the Final Rule.
U.S. District Judge Brantley Starr sentenced former Medoc Health Services Chief Executive Kevin Kuykendall and his wife, former vice president of finance, Sabrina Kuykendall on Wednesday. A poignant moment came from the judge at the conclusion of the hearing, when he addressed the Kuykendalls’ two adult sons who sat in the gallery.
Federal investigators said Anthony Floyd of Kennedale, Texas, would tweak tax returns he prepared for clients, causing the government to overpay refunds, which he then pocketed.
Ten doctors, two executives and their businesses have been indicted on federal conspiracy charges by a Dallas grand jury for allegedly perpetrating a kickback scheme. At the center of the alleged scheme are two businessmen who were also part of the massive Forest Park Medical Center kickback scheme.
Correction: This story has been updated to correct the spelling of the last name of the man accused of insider trading. The Lawbook regrets the error. The U.S. Securities and Exchange Commission filed federal insider trading charges Thursday accusing a Houston man with using information he obtained from his wife, who worked in the M&A division at BP, to illegally profit from the British-based oil conglomerate’s $1.3 billion acquisition of TravelCenters of America one year ago.
On Jan. 10, two practice management software company founders and two physicians were indicted to the tune of $70 million for allegedly submitting false claims to private insurers. For in-house counsel and business leaders looking to understand the larger implications of this indictment, there is a clear takeaway. If your company provides any kind of business management software, you might have a shared responsibility for how that software is used once it leaves your four walls.
Christopher Novinger, of Mansfield, was before the Fifth Circuit for the second time on Thursday morning seeking relief from a “no admit, no deny” provision in a 2016 settlement agreement he entered with the U.S. Securities and Exchange Commission. In July 2022 a different panel of that court rejected his attempt to free himself from the gag order provision via a Rule 60(b) motion that argued the “no deny” portion of the policy violated his First Amendment and due process rights.
After 17 years with the U.S. Department of Justice and 20 years as a trial lawyer and white-collar criminal defense lawyer with some of the largest corporate law firms in the world, Matt Orwig officially retires from the law practice Monday. From federal judges to corporate general counsel, lawyers tell The Texas Lawbook the impact Orwig had on their career.
"In addition to being a skilled advocate, he was a wonderful teacher, mentor, and colleague who always made time to answer my questions and to strategize about cases," Judge Irma Ramirez, who was recently confirmed to the U.S. Court of Appeals for the Fifth Circuit, said. "Matt is a genuinely kind person who cares about everyone around him, and he is the kind of friend on whom you can always count."
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