Judges Spar, But Fake Lawyer's Conviction Stands

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By Brenda Sapino Jeffreys

Mauricio Celis' appellate attorney, David Botsford, says he is disappointed in the CCA's opinion. He says it contains a number of factual errors, "including the fact the constitutionality of the statute was not attacked."

Commentary: Miranda Rights Are Not a Luxury

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By Erwin Chemerinsky | The National Law Journal

There is an enormous temptation to suspend the Constitution in a crisis, writes Erwin Chemerinsky. But the Constitution is not a luxury to be indulged until the ends justify other means.

Advising Clients on Weather and the Workplace

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By Michael P. Maslanka

A business is not a charity. But if someone wants to leave early, let him, and pay him for the day, even if he does not work the full day. He always will remember.

Texas Sues BP, Transocean, Halliburton, Anadarko Entities

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By Brenda Sapino Jeffreys

"This is a case in which the Defendants engaged in willful and wanton misconduct and caused the worst environmental disaster in the history of the United States," the state alleges in the complaint.

Michael Morton-Inspired Criminal-Discovery Bill Signed

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By Angela Morris

When signing Senate Bill 1611, Gov. Rick Perry said, "We are known as a law-and-order state, and as such, we have never been easy on those convicted of crime in our state. . . . With that tradition comes a very powerful responsibility: to make sure our judicial process is transparent."

Cibolo Waste Inc. v. City of San Antonio

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(5th Cir. 05/15/2013)

Appellants filed suit against a city, claiming that the permit fee violates the dormant Commerce Clause by imposing an excessive burden on interstate waste haulers. The district court dismissed their claims. The ordinance is a type of blanket prohibition that favors neither interstate nor intrastate commerce. Appellants' participation in intrastate commerce throughout Texas does not suffice to place them within the zone of interests protected by the dormant Commerce Clause. The district court's dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-50153, 05-15-2013.

Constitutional Law

Louisiana Generating L.L.C. v. Illinois Union Insurance Co.

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(5th Cir. 05/15/2013)

This case concerns whether Illinois Union Insurance Co. has a duty to defend Louisiana Generating LLC in an underlying suit filed against it by the Environmental Protection Agency and the Louisiana Department of Environmental Quality for alleged Clean Air Act and state environmental law violations. "Remediation costs" are defined very broadly to include expenses incurred to redress pollution in compliance with environmental law, including, inter alia, costs associated with investigating, mitigating or abating pollution. This language providing coverage for remediation costs potentially covers the multiple prayers for relief in the complaint. The district court's holding is affirmed and the case is remanded. 5th U.S. Circuit Court of Appeals, No. 12-30651, 05-15-2013.

Insurance Law

Pacheco v. State

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(Tex.App. Dist.7 05/14/2013)

The trial court denied the appellant's motion to withdraw his plea based on the assertion that the state breached the plea agreement. No promises were ever made to the appellant by the state that his plea would not be reported to appropriate authorities or that he would not be deported. The trial court's judgments are affirmed. Amarillo Court of Appeals, No. 07-11-00217-CR, 05-14-2013.

Criminal Practice

In the Matter of the Estate of Allen

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(Tex.App. Dist.11 05/09/2013)

This is an appeal of an order admitting a will to probate as a muniment of title. The issue of whether a proponent is in default is a question of fact. Evidence that the proponent relied on counsel's advice was sufficient to support a finding that the proponent was not in default. Eastland Court of Appeals, No. 11-11-00131-CV, 05-09-2013.

Trusts and Estates

Meekins v. Wisnoski

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(Tex.App. Dist.14 05/16/2013)

This dispute revolves around the sale of real property. References to a 1958 deed do not contain a clear intention to reserve or except an interest from the receiver and guardianship deed. A portion of the trial court's judgment involving alleged title to 50 percent of mineral rights to an inherited estate is severed, reversed and remanded; the remainder is affirmed as modified. Houston's 14th Court of Appeals, No. 14-12-00048-CV, 05-16-2013.

Real Property

Scheel v. Alfaro

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(Tex.App. Dist.4 05/15/2013)

The appellant challenges the trial court's order setting aside a courthouse-steps sale conducted by a receiver pursuant to two turnover orders and the trial court's setting aside of those turnover orders. Because Texas Civil Practice and Remedies Code §31.002 does not require notice of a turnover application or prohibit turnover orders from being granted absent notice, the trial court erred in sanctioning counsel for the appellant $5,000 under Texas Rule of Civil Procedure 21; that portion of the trial court's order is reversed, the remainder is affirmed. San Antonio Court of Appeals, No. 04-11-00443-CV, 05-15-2013.

Civil Practice

Ex Parte Arjona

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(Tex.App. Dist.9 05/15/2013)

The applicant in this habeas matter alleges he is entitled to relief based on the immigration consequences of his guilty plea. Considering the circumstances presented at the plea hearing -- involving a discussion regarding applicant's efforts to obtain a green card -- the possibility of an assumed duty by counsel, and the allegation of ineffectiveness and affirmative misadvice of counsel, the applicant should be provided an opportunity to develop and present evidence at the hearing. The trial court's denial is vacated and remanded. Beaumont Court of Appeals, No. 09-12-00554-CR, 05-15-2013.

Criminal Practice

The Calculus of University Presidents

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By William D. Henderson | The National Law Journal

Many must decide between two difficult paths: tackle law school restructuring or close their law schools.

Harvard Law Really is No. 1

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By Vivia Chen | The Careerist

Are you still fussing with that U.S. News & World Report ranking of law schools? How provincial! We live in the global economy, so what really matters is how your law school ranks ­internationally.

3 Strategies for Reducing Class Action Costs

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By Catherine Dunn | Corporate Counsel

In-house counsel tackled an increased number of class-action lawsuits last year, but managed to tamp down legal spend by an average of $100,000 per matter, according to the 2013 Carlton Fields Class Action Survey.

What Neuroscience Can Teach Us About Settlement Negotiations

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By Jane C. Greenspan | New Jersey Law Journal

There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.

After Controversy, Ex-Congressman Registers to Lobby

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By Andrew Ramonas | Legal Times

Former Representative Ron Klein (D-Fla.) has registered with Congress as a federal lobbyist at Holland & Knight for the first time since he left congressional lobbying rolls in February 2012 amid controversy.

Ten Lessons From Athletes to Excel in the Boardroom: Part I

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By Frank Michael D'Amore | The Legal Intelligencer

I had lunch recently with a lawyer who had been a standout athlete. The conversation underscored a realization, based on almost 30 years in the legal profession, that many of the most successful partners, CEOs, general counsel and law firm leaders who I have worked with have athletic backgrounds.

Law for Laymen

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By Karen Sloan | The National Law Journal

There are nearly 30 law schools that have or soon will offer a master's degree for nonlawyers, up from just a handful two years ago.

In-House Texas: April 2013

In this issue of In-House Texas, "Texas Tea Time: Former Litigator Strikes it Big as GC," "Next Moves for IP Law after SCOTUS First-Sale Ruling," "Courts Zap Plaintiffs, Their Lawyers for Bad Behavior," "The March Madness Compliance Risk Assessment Bracket" and a special report on labor & employment.

In-House Texas: March 2013

Scott Kerr of Austin has been through what many in-house lawyers would consider a nightmare: working for a company that's being sold. And he's done it twice. He's deputy general counsel of Charleston, S.C.-based Blackbaud Inc. Also in this issue, "Litigation Trends Survey Predicts a Bumpy Ride in 2013" and "Excel at Tough Conversations" and a special report on energy law, "How to Avoid Lease-Related Litigation," "Minimize the Risk of Post-Deal Fraud Claims," "Enforcing Foreign and Nondomestic Arbitration Awards" and "Issues to Watch in Shale Plays."

In-House Texas: February 2013

Keith Head knows energy deals from beginning to end. As vice president, general counsel and corporate secretary for Harvest Natural Resources Inc. in Houston, he's been on the front end of deals identifying and valuing potential acquisitions. Also in this issue, "After Ruling, What Happens to NLRB Decisions, its GC?" "President Lincoln's Lessons for General Counsel," "Effectively Communicate Compliance Risk to the Board of Directors" and a special report on immigration law.

In-House Texas: January 2013

Walt Holmes rose through the ranks of the law department at Interstate Battery System of America Inc. to take on more than just legal work, and he does it all while following the Golden Rule: to treat others as they would want to be treated. Also in this issue, "Drilling Down: The Law Department Metrics Benchmarking Survey," "Master Tech Issues of 2012 to Succeed in 2013," "Get on Board With This Pilot Program," "Consider the Benefits of Contested Review Proceedings" and "Keep E-Discovery Costs Down in Patent Litigation."

In-House Texas: November 2012

James Brashear likes to fly, whether he's piloting a plane or steering a legal department. As vice president, general counsel and corporate secretary of Zix Corp. since 2010, Brashear flies solo as the only in-house lawyer for the Dallas public company. Zix Corp. Also in this issue, "When Is Termination the Right Step to Take?" "How to Survive the Overtime Dog Pile," "What In-Housers Want From Outside Counsel" and a special report on white-collar crime and forensic accounting.

In-House Texas: December 2012

'Tis the season for bargain hunting, which means that Lou Agnese, general counsel and corporate secretary for WhaleShark Media Inc., is in high gear. Also in this issue, "KPMG Study Examines How General Counsel Can Add Value," "Ten Phrases Lawyers Hear That Portend Disaste," "Jury Waivers Are Alternatives to Arbitration Agreement," "Whose Data Is It, Anyway? BYOD Policies at Work" and "Social Media Savvy for General Counsel."

In-House Texas: October 2012

As senior vice president and chief legal officer of Dallas-based Borden Dairy Co., Dan Blaufus spends much of his workday focused on delivering milk: Many of the legal issues he deals with arise from the company's fleet of about 1,500 delivery trucks. "It's tough to avoid completely, you know, getting into the occasional accident sometimes, which is serious," Blaufus says.