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This Week's Issue
Clause for Concern: Court Says Plaintiffs Waited Too Long To Compel Arbitration
Texas Lawyer
Monday, May 12, 2008
In one of the most politically charged appellate cases in recent years, the Texas Supreme Court handed a 5-4 victory to defendants Perry Homes and two warranty companies in a case their lawyer says marks the first time the high court has interpreted what constitutes a waiver of arbitration. Geoffrey Bracken represents the defendants in the case.
SPONSOR SPOTLIGHT
In Pari Materia Doctrine Applies To Statutes Only
Texas Lawyer
Monday, May 12, 2008
A Dallas attorney charged with intentionally filing a false petition for expunction of a client's records — a document filed in a civil proceeding — can be criminally prosecuted as a result of a May 7 ruling by the Texas Court of Criminal Appeals.
Former Muni Judge Sues City Manager Alleging Retaliation
Texas Lawyer
Monday, May 12, 2008
A former municipal court judge has sued the city of Harlingen and its city manager, alleging in her complaint that the nonrenewal of her contract stems from her refusal to violate a city ethics ordinance prohibiting special treatment for any citizen.
Inadmissible
Texas Lawyer
Monday, May 12, 2008
"Execution Looming," "Cruz Control" and "Oppenheimer Opportunity"
A Chief Justice, a Waco Cemetery and a Surprising Connection
Texas Lawyer
Monday, May 12, 2008
Texas Supreme Court Chief Justice Wallace Jefferson often talks about his great-great-great grandfather Shedrick Willis, a former slave who became a two-term city councilman in the late 1800s. On April 5, while Jefferson was in Willis' hometown of Waco to give a speech that included mention of Willis, a casual conversation led to a surprising revelation about his ancestor and the fate of his grave.
Larger Percentage of First-Time Test-Takers Pass February Bar
Texas Lawyer
Monday, May 12, 2008
The graduates of St. Mary's University School of Law hit a new high on the February bar exam. The group of first-time test-takers, though small at just 23 graduates, earned an 86.96 percent pass rate, according to the Texas Board of Legal Examiners (BLE) in Austin.
Discipline
Texas Lawyer
Monday, May 12, 2008
One lawyers has been disbarred, two were suspended, and another was placed on probation.
VerdictSearch
Texas Lawyer
Monday, May 12, 2008
Alleged abusive father must pay $45,000 to his children's custodian. Judge finds that manager was tough on all workers. Medical device maker wins millions in patent infringment case. Underinsured motorist gets over $44,000 despite prior auto accidents. Jury agrees with woman who denied making unsafe turn. Boy who alleged vision loss in playground mishap recovers $690,000.
Regs Help Solve Cap-Gap Problem
Texas Lawyer
Monday, May 12, 2008
New regulations provide relief and grant an automatic extension of both employment authorization and student status to Oct. 1, provided the H-1B petitioning employer timely files its petition for the student and seeks a change to H-1B status.
New Standards Govern International Adoptions in 75 Countries
Texas Lawyer
Monday, May 12, 2008
The Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (the convention) is designed to combat child abduction, sale and trafficking, as well as to protect the best interests of children, birthparents and prospective adoptive parents. It became effective in the United States on April 1.
New Mantra at Firms: Cut, Redeploy
The National Law Journal
Friday, May 9, 2008
The recent evaporation of structured finance deals and capital markets work in general has left Dechert and several big law firms with the dismal task of laying off lawyers. Dechert's situation exemplifies a reshuffling under way in other big law firms as they move lawyers out of faltering practice areas into those that are less vulnerable during the economic slump.
Online Pretrial Publicity Draws Fire
The National Law Journal
Thursday, May 8, 2008
Lawyers engaging in pretrial publicity on the Internet is a growing concern within the legal profession, as many fear that online rantings, blogs and press releases by attorneys are potentially tainting the jury pool.
VerdictSearch: Age Discrimination Suit Ends With $306,300 Verdict
Texas Lawyer
Wednesday, May 7, 2008
A former lobby supervisor of an Albertson's grocery store in El Paso has won $306,300 in a jury verdict in a case involving alleged age discrimination and retaliation. The employee had been fired after filing a complaint with the company. Albertson's contended that he was discharged for performance problems.
New Deals
Texas Lawyer
Monday, May 5, 2008
Union Gas Corp. forms partnership with GE Financial Services. Grey Wolf and Basic Energy Services to merge.
More Big-Tex Firms Land on Elite Deal List
Texas Lawyer
Monday, May 5, 2008
For deals work of many kinds, nine Texas firms are among the nation's leading transactional players in 2007, showing up in rankings on The American Lawyer's Corporate Scorecard 2008, an elite listing of the firms with the most robust corporate practices. Houston firms Andrews Kurth and Vinson & Elkins posted the best results on the Corporate Scorecard charts.
Beware of Violating the FCPA
Legal Times
Monday, May 5, 2008
The Foreign Corrupt Practices Act, enacted in 1977, but not taken very seriously until just a few years ago, seemed to have a simple checklist of what would trigger prosecutions: Large precontract payment? Check. Offshore, numbered account? Check. Vast contract award? Check — and prosecute. These days, however, the government's treatment of bribery is far more complicated, and the stakes for companies are higher.
Corrections
Texas Lawyer
Monday, May 5, 2008
"The Texas 100" pullout poster inserted in the April 28, 2008, issue of Texas Lawyer contained an error. Dallas-based SettlePou tied for No. 91 among Texas' 100 largest firms based on its Texas lawyer count as of Jan. 1, 2008.
Six Houston V&E Lawyers To Move To New York City Office
Texas Lawyer
Monday, May 5, 2008
Seven transactional partners in Houston-based Vinson & Elkins, led by Marcia Backus, will move to the firm's New York City office from Houston and Washington, D.C., as part of a long-term plan to make the New York office a"flagship office" of the 760-lawyer firm.
Second Grand Jury Indicts Justice David Medina's Wife; Judge Dismisses First Grand Jury's Declaratory Judgment Suit
Texas Lawyer
Monday, May 5, 2008
A second grand jury indicted Texas Supreme Court Justice David Medina's wife on three felony arson charges but declined to indict the justice, while a trial court judge dismissed a declaratory judgment action filed by a previous grand jury that had indicted both of the Medinas.
Filing Suggests CCA Sua Sponte Reconsider Habeas Claims
Texas Lawyer
Monday, May 5, 2008
Austin criminal-defense solos David Schulman and John Jasuta contend Texas death row inmate Karl Chamberlain did not receive a fair hearing when he sought a state writ of habeas corpus, and they're trying to persuade the Court of Criminal Appeals to act on its own initiative to revisit his case.
VerdictSearch
Texas Lawyer
Monday, May 5, 2008
Fired store supervisor gets $306,300 verdict in age discrimination suit. Jury grants $102,000 in car crash case with mistaken plaintiff. Jury finds against car crash plaintiff who drank alcohol before driving. Jury grants over $200,000 to driveway wreck plaintiffs.
Plaintiffs, Third-Party Defendants Can Share Counsel in Fraud Suit
New Jersey Law Journal
Monday, May 5, 2008
Houston securities law firm Gibbs & Bruns can represent both plaintiffs and third-party defendants in a multimillion-dollar fraud suit against investment companies, a New Jersey appeals court ruled on April 24. Scott Humphries (pictured) is one of the plaintiffs' attorneys at Gibbs & Bruns.
Survey: Public Wants To Know If Lawyer's Insured
Texas Lawyer
Monday, May 5, 2008
While Texas lawyers aren't keen on having a rule that would require them to disclose whether they carry legal malpractice insurance, the public favors such a requirement, recent surveys conducted by the State Bar of Texas show. A 13-member task force appointed by State Bar President Gib Walton in the fall of 2007 is reviewing the survey results.
A Spirited Practice: Combining Law With Religion Is Work - But Worth It
Texas Lawyer
Monday, May 5, 2008
Religion and law can be complementary, some lawyers say, and those who integrate their belief system into their legal life say it's the most fulfilling way to practice. But they all agree it isn't easy. Pallavia Ahluwalia, a practicing Sikh, says her religion shapes her, "and so it has to shape my practice."
