Jackson Walker Litigation Publications

Coming Out Strong from the Economic Downturn

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Reprinted with permission of the authors and the American Bar Association as it originally appeared: "Coming Out Strong from the Economic Downturn," Energy Litigation Journal Vol. 9, No. 3 (Spring 2010). Copyright � 2010 the American Bar Association.

Private Causes of Action

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Republished with permission from Texas Lawyer

The most significant energy-related legal developments in 2009 are found in two companion Texas Supreme Court decisions issued on March 27 and a grant of rehearing on Nov. 20 in Emerald Oil & Gas Co.'s and the O'Connor family's suits against Exxon Corp.

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Rule of Law or Rule of Awe: Fiduciary Duties in M&A Transactions

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The conduct of corporate directors and officers is subject to particular scrutiny in the context of executive compensation and other affiliated party transactions, business combinations (whether friendly or hostile), when the corporation is charged with illegal conduct, and when the corporation is insolvent or in the zone of insolvency. The high profile stories of how much corporations are paying their executive officers, corporate scandals, bankruptcies and related developments have further focused attention on how directors and officers discharge their duties, and have caused much reexamination of how corporations are governed and how they relate to their shareholders and creditors. Where the government intervenes (by investment or otherwise) or threatens to do so, the scrutiny intensifies, but the courts appear to resolve the controversies by application of traditional principles while recognizing the 800-pound gorilla in the room.

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Fiduciary Duties of Corporate Directors and Officers in Texas

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The conduct of corporate directors and officers in Texas is subject to particular scrutiny in the context of executive compensation and other affiliated party transactions, business combinations (whether friendly or hostile), when the corporation is charged with illegal conduct, and when the corporation is insolvent or in the zone of insolvency. The high profile stories of how much corporations are paying their executive officers, corporate scandals, bankruptcies and related developments have further focused attention on how directors and officers discharge their duties, and have caused much reexamination of how corporations are governed and how they relate to their shareholders and creditors. Where the government intervenes (by investment or otherwise) or threatens to do so, the scrutiny intensifies, but the courts appear to resolve the controversies by application of traditional principles while recognizing the 800-pound gorilla in the room.

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Vaden v. Discover Bank

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Originally written for The Houston Lawyer.

Fiduciary Duty Issues in M&A Transactions

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Latest Developments in the Federal and Texas Fair Debt Collection Practices Acts

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The federal Fair Debt Collection Practices Act (FDCPA) was passed in 1977 as an amendment to the Consumer Credit Protection Act of 1968. The FDCPA is located in Title V of the Consumer Credit Protection Act, which also includes other federal statutes relating to consumer credit, such as the Truth in Lending Act (Subchapter I), the Fair Credit Reporting Act (Subchapter III), and the Equal Credit Opportunity Act (Subchapter IV).

Rule of Law or Rule of Awe: Corporate Governance Issues Relating to Government Involvement

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The conduct of corporate directors and officers is subject to particular scrutiny in the context of executive compensation and other affiliated party transactions, business combinations (whether friendly or hostile), when the corporation is charged with illegal conduct, and when the corporation is insolvent or in the zone of insolvency. The high profile stories of how much corporations are paying their chief executive officer ("CEO") and other executives, corporate scandals, bankruptcies and related developments have further focused attention on how directors and officers discharge their duties, and have caused much reexamination of how corporations are governed and how they relate to their shareholders and creditors. Where the government intervenes (by investment or otherwise) or threatens to do so, the scrutiny intensifies, but the courts appear to resolve the controversies by application of traditional principles while recognizing the 800-pound gorilla in the room.

To continue reading, please click the link below.

Director Fiduciary Duties under Delaware and Texas Law

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The conduct of corporate directors and officers in Texas is subject to particular scrutiny in the context of executive compensation and other affiliated party transactions, business combinations (whether friendly or hostile) when the corporation is charged with illegal conduct, and when the corporation is insolvent or in the zone of insolvency. The high profile stories of how much corporations are paying their chief executive officer ("CEO") and other executives, corporate scandals, bankruptcies and related developments have further focused attention on how directors and officers discharge their duties, and have caused much reexamination of how corporations are governed and how they relate to their shareholders.

To continue reading, please click the link below.