Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.
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TOP NEWS

Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.

By Keith Goldberg

Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.

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Sen. Dems Call On DOJ To Prevent Price-Fixing In Oil Industry

By Courtney Bublé

Senate Majority Leader Chuck Schumer, D-N.Y., led a group of Senate Democrats in calling on the U.S. Department of Justice on Thursday to do everything in its power to prevent and prosecute price-fixing and collusion in the oil industry.

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9th Circ. Reopens Mandatory Security Check Wage Fight

By Gina Kim

The Ninth Circuit on Thursday largely revived a proposed wage class action by a subcontractor who sought to be paid for undergoing mandatory security checks and vehicle inspections at a solar project site, following the California Supreme Court's ruling that found the time to be compensable as "hours worked."

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OIL AND GAS

Ex-Citgo Execs Jailed In Venezuela For 5 Years File $400M Suit

By Lauren Berg

Two brothers who both served as Citgo vice presidents filed a $400 million suit in Texas on Thursday accusing their former employer of conspiring with Venezuela's authoritarian government to falsely convict them of financial crimes, resulting in their wrongful imprisonment of nearly five years.

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Venezuelan Oil Co. Looks To Slip Asset Seizure Suit

By Ali Sullivan

An Oklahoma-based oil drilling company insisted Thursday that the D.C. federal court has jurisdiction to decide claims that the company's Venezuelan subsidiary was illegally expropriated without compensation as Venezuela's state-owned oil company looks to slip the long-running suit.

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BNSF Says It Owes Tribe Up To $30M For Oil Train Trespasses

By Greg Lamm

BNSF Railway Co. said Wednesday it should pay a Washington tribe either $10 million or $30 million for years of illegally running oil cars across tribal territory, after a federal judge rejected both the railroad's $7 million and the tribe's $445 million calculations. 

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Gas Station Chain Owes Wash. Tax For In-Network Sales

By Maria Koklanaris

A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business and occupation tax when holders of those cards purchase gas from other participating gas station chains, a Washington appeals court panel found, partially upholding the trial court.

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RENEWABLES

Swedish Appeals Court Sets Aside €10.6M Italy Award

By Caroline Simson

An appeals court in Sweden has this week set aside a €10.6 million ($11.48 million) arbitral award issued to a Dutch renewable energy firm after Italy dialed back economic incentives for the renewable energy industry, saying the award violates European Union law.

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Solar Tech Co. Faces Investor Suit Over Slow '23 Growth

By Sydney Price

Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.

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ELECTRIC VEHICLES

Jersey Shore Motel Loses Condemnation Fight With Town

By Isaac Monterose

A New Jersey borough properly used eminent domain to take over a local 50-room motel where it plans to provide parking and electric vehicle charging, a New Jersey appellate panel ruled.

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MINING

US Steel, Nippon Obtain All Non-US Regulatory Approvals

By Al Barbarino

U.S. Steel Corp. and Nippon Steel Corp. said Thursday they have received all non-U.S. regulatory nods to move ahead with their planned $14.9 billion merger, including from the European Commission and the U.K.'s Competition and Markets Authority.

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Pipe Co. Says Appeals Court Erred In Indemnity Claim Waiver

By Catherine Marfin

A steel pipe manufacturer asked Texas' Supreme Court to scrap an appellate court ruling it waived its ability to challenge a trial court order requiring it to defend another manufacturer in a multimillion-dollar suit over faulty pipes, saying the appellate panel should have concluded the company was challenging the decision.

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PEOPLE

Devotion To Energy Fuels New Eversheds Sutherland Partner

By Tracey Read

Eversheds Sutherland announced Thursday that it has hired a global energy group partner in Washington, D.C., and New York who previously worked at McDermott Will & Emery LLP.

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EXPERT ANALYSIS

New TSCA Risk Rule Gives EPA Broad Discretion On Science

The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

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Class Actions At The Circuit Courts: May Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

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Perspectives

Trauma-Informed Legal Approaches For Pro Bono Attorneys

As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

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LEGAL INDUSTRY

Orrick Leads List Of Top Law Firms For Women, Diversity

By Aebra Coe

Talent strategies firm Seramount released its latest list of the 45 best law firms for women and diversity this week, with the 2024 cohort of winners showing strides over previous years in representation, advancement and benefits for lawyers who are women or from other underrepresented groups.

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Houston Judge's Vast Display Reflects 25 Years On Bench

By Catherine Marfin

Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.

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Analysis

In Rarity, 1 Party's Judges Gain 100% Control Of Circuit Bench

By Jeff Overley

At the First Circuit, the judges' robes are all black, but the judges are all blue. It's a new and unusual instance of one political party's judicial picks controlling each active seat on a federal appeals court, and the Democratic dominance could prove magnetic for ideologically charged litigation.

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Orrick's $8M Deal To End Data Breach Claims Nears Prelim OK

By Bonnie Eslinger

A California federal judge indicated Friday that she'll preliminarily approve Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a 2023 data breach that purportedly exposed personal information for 638,000 individuals, but said the "very broad" scope of the settlement's release "raised my eyebrows."

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Smith Gambrell Faces Slimmed Data Breach Suit

By Emily Sawicki

A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.

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Analysis

Blockbuster Summer: 10 Big Issues Justices Still Must Decide

By Katie Buehler

As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

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Analysis

Del. Chancellor Questions 'Rush' To Amend Corporation Law

By Jeff Montgomery

Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.

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Trump Condemns NY Trial As Verdict Echoes In DC

By Rachel Scharf

A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.

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Trump's New York Prosecutors Called To House Hearing

By Courtney Bublé

Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.

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Disbarring Giuliani Would 'Protect The Public,' DC Panel Says

By Alison Knezevich

A Washington, D.C., attorney ethics panel agreed Friday that Rudy Giuliani's role in former President Donald Trump's attempt to overturn Pennsylvania's presidential election in 2020 amounted to misconduct "of the utmost seriousness," and that disbarring him would "protect the public, the courts, and the integrity of the legal profession."

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Texas Judge Opts Not To Recuse And Tosses Chamber Suit

By Emily Sawicki

A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.

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Illinois Strengthens Atty Ethics Rules For Harassment, Bias

By Celeste Bott

The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.

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DOJ Looks To End A Legacy Of Bias In Sex Assault Cases

By Hannah Albarazi

The U.S. Department of Justice says that legal fallacies and misogynistic stereotypes often lead prosecutors to decline to charge alleged perpetrators of sexual violence, but new guidance from the department is pushing prosecutors to give more credence to victims and see that their claims are more thoroughly investigated.

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Law360's Legal Lions Of The Week

By Kevin Penton

Brewer Attorneys & Counselors, the American Civil Liberties Union Foundation and attorneys Eugene Volokh and Alan Morrison lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that the National Rifle Association can proceed with certain claims in the gun rights group's lawsuit against a former New York state official.

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The Top In-House Hires Of May

By Michele Gorman

Legal department hires during the last full month of spring included high-profile appointments at Southwest, Hormel and UnitedHealth. Here, Law360 Pulse looks at some of the top in-house announcements from May.

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Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

By David Steele

In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

COMPANIES IN TODAY'S NEWS

Acelyrin Inc.

Amazon.com Inc.

American Airlines Group Inc.

American Bar Association

American Civil Liberties Union

American Constitution Society

Anadarko Petroleum Corp.

Apple Inc.

BHE Renewables LLC

BNSF Railway Co.

BP PLC

Bank of America Corp.

Berkshire Hathaway Energy GT&S

Broadway Financial Corp.

Business Roundtable

CITGO Petroleum Corp.

CVS Health Corp.

Center for Biological Diversity Inc.

Chevron Corp.

Conagra Brands Inc.

ConocoPhillips Co.

Costco Wholesale Corp.

Delaware State Bar Association

Deutsche Bank AG

Devon Energy Corp.

DiamondRock Hospitality Company

Enphase Energy Inc.

Essex Property Trust Inc.

Exxon Mobil Corp.

FedEx Corp.

First Bank (Hamilton, NJ)

Geico Corp.

Harvard University

Helmerich & Payne Inc.

Hertz Global Holdings Inc.

Hess Corp.

Hormel Foods Corp.

Hospira Inc.

Hulu LLC

Illinois State Bar Association

International Business Machines Corp.

Jersey Mike's Subs

Johnson & Johnson

Lumen Technologies Inc.

Marathon Oil Corp.

Mars Inc.

Moelis & Co.

NBCUniversal Media LLC

NFL Enterprises LLC

National Collegiate Athletic Association

National Rifle Association of America

Natural Resources Defense Council

New York University

Occidental Petroleum Corp.

Our Children's Trust

People For the American Way

Pfizer Inc.

Pioneer Natural Resources Co.

Rhode Island Legal Services Inc.

Ryan LLC

SIG Susquehanna

Sierra Club

Southwest Airlines Co.

The Boeing Co.

The Catholic University of America

The District of Columbia Bar

The PNC Financial Services Group Inc.

The Procter & Gamble Co.

Trump Organization Inc.

Twitter Inc.

U.S. Chamber of Commerce

United States Steel Corp.

United Steelworkers

UnitedHealth Group Inc.

Wegener Corp.

Wells Fargo & Co.

World Wrestling Entertainment Inc.

Xcel Energy Inc.

LAW FIRMS IN TODAY'S NEWS

ASK LLP

Aidala Bertuna

Alston & Bird

Arnold & Porter

Baker Donelson

Baker McKenzie

Bathgate Wegener

Blank Rome

Boies Schiller

Brewer Attorneys

Chaffe McCall

Chapman & Cutler

Clark Hill

Clifford Chance

Cole & Van Note

Corr Cronin

Cozen O'Connor

Crowell & Moring

Curtis Mallet-Prevost

DLA Piper

Davis & Wright

Davis Wright Tremaine LLP

Dickinson Wright

Donahue Fitzgerald

Dorsey & Whitney

Eversheds Sutherland

Faegre Drinker

Federman & Sherwood

FeganScott

Finkelstein Blankinship

Foley & Lardner

FordHarrison

Fox Rothschild

Frankfurt Kurnit

Gibson Dunn

Greenberg Traurig

Gupta Wessler

Hanson Bridgett

Herbert Smith Freehills

Holland & Knight

Holwell Shuster

Husch Blackwell

Jones Day

Kaplan Hecker

Katz Banks

King & Spalding

Kirkland & Ellis

Kopelowitz Ostrow

Lane Powell

Latham & Watkins

Lathrop GPM

Levi & Korsinsky

Locke Lord

Lowenstein Sandler

McCarter & English

McDermott Will & Emery

Morgan Lewis

Morrison Foerster

Neal Gerber

Orrick Herrington

Orsinger Nelson

Pacifica Law Group

Paul Weiss

Perkins Coie

Potter Minton

Quinn Emanuel

Richards Layton

Ropes & Gray

Rothstein Mandell

Sheppard Mullin

Shook Hardy

Sidley Austin

Simpson Thacher & Bartlett LLP

Smith Gambrell

Sorrels Law

Stinson LLP

Stokes Lawrence

Sullivan & Cromwell

Tousley Brain

Troutman Pepper

Tucker Ellis

Tycko & Zavareei

Vedder Price

Wachtell Lipton

Wiley Rein

Williams & Connolly

WilmerHale

Wilson Elser

Winston & Strawn

Wolf Haldenstein

Wucetich & Korovilas

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

City of New York

Committee on Foreign Investment in the United States

Commonwealth of Kentucky

Competition and Markets Authority

Delaware Court of Chancery

European Commission

European Union

Federal Energy Regulatory Commission

Federal Trade Commission

House Committee on Energy and Commerce

Illinois Supreme Court

Lac du Flambeau Band of Lake Superior Chippewa Indians

Manhattan District Attorney's Office

Massachusetts Supreme Judicial Court

National Labor Relations Board

National Marine Fisheries Service

Swinomish Indian Tribal Community

Texas Supreme Court

U.S. Attorney's Office

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Energy

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of West Virginia