• September 28, 2016

    Oil Field Tech Co. Settles Workers' OT Claims For $1.5M

    An oil field technology services company agreed on Wednesday to a $1.5 million deal in New York federal court that would settle claims by a class of technicians that they were stiffed on overtime pay.

  • September 28, 2016

    TerraForm Settles Suit Over Now-Junked $2B SunEdison Deal

    TerraForm Power Inc. investor Appaloosa Management LP agreed late Tuesday to settle its derivative claims that once targeted the now-scuttled $2 billion acquisition of Vivint Solar Inc. by SunEdison Inc. for promises of corporate governance reform at TerraForm and up to $3 million in legal fees.

  • September 28, 2016

    Wind Farm Can't Ditch Arbitration, Texas Utility Tells 5th Circ.

    A Texas utility on Tuesday told the Fifth Circuit it had rightfully arbitrated a dispute over a power purchase agreement with a coastal wind farm partially owned by a subsidiary of E.ON US Corp. and that the wind farm is trying to ditch a bad result by arguing the dispute was unripe.

  • September 28, 2016

    Dairyland's Use Of Fed. Circ. Ruling Axed In Nuke Fuel Row

    The Court of Federal Claims on Wednesday largely rejected Dairyland Power Cooperative's interpretation of a Federal Circuit ruling in the company's efforts to break down the tasks of unloading fuel and their associated costs in its suit alleging the federal government failed to fulfill a contract to store nuclear waste.

  • September 28, 2016

    Pipeline Cos. Want In On Florida Pipeline Challenge

    The Spectra Energy Corp., NextEra Energy Inc. and Duke Energy joint venture building the $3.5 billion Southeast Market Pipeline on Tuesday asked to intervene in a suit in the D.C. Circuit accusing the Federal Energy Regulatory Commission of wrongfully ignoring the effects of climate change when approving the natural gas pipeline.

  • September 28, 2016

    Midstates Petroleum Gets Nod On Ch. 11 Plan

    A Texas judge on Wednesday approved Midstates Petroleum’s plan for restructuring billions of dollars in debt, a decision that will clear the oil and gas company’s exit from Chapter 11 after seeking bankruptcy protection earlier this year.

  • September 28, 2016

    ND AG Asks Dakota Access To Explain Land Buy Near Pipeline

    The North Dakota Attorney General’s Office on Tuesday gave the developer of the controversial Dakota Access pipeline 30 days to describe how the company plans to use land it reportedly bought around the pipeline’s path in North Dakota, saying the purchase could run afoul of a state law limiting corporate ownership of farmland.

  • September 28, 2016

    House Passes Water Infrastructure Bill, With Flint Aid

    The U.S. House of Representatives on Wednesday passed its version of a bill authorizing U.S. Army Corps of Engineers water infrastructure projects, adding its own measures for aid to Flint, Michigan, and altering Corps policy related to Native American tribes.

  • September 28, 2016

    Williams Tells Del. Justices ETE Could Have Saved $38B Deal

    The Williams Cos. told the Delaware Supreme Court late Tuesday that Energy Transfer Equity LP could have done much more to overcome fatal tax issues that spoiled their proposed $38 billion and is relying on the Chancery Court’s errors that allowed the company to quit the deal.

  • September 28, 2016

    BP Unit Underpaying Okla. Gas Royalties, Suit Says

    A BP PLC unit was hit with a proposed class action in Oklahoma federal court Wednesday for allegedly stiffing natural gas royalty owners by improperly deducting processing costs to make the gas marketable for sale.

  • September 28, 2016

    Bennu Titan Granted Delay Bid In Forced Ch. 11 Case

    A Delaware bankruptcy judge on Wednesday granted a bid by offshore drilling firm Bennu Titan LLC to delay a hearing on the involuntary appointment of a Chapter 11 trustee, despite objections from a lender seeking $180 million.

  • September 28, 2016

    Thompson & Knight Adds Energy Attorneys In Mexico City

    Thompson & Knight LLP announced Tuesday it has lured a brace of energy attorneys from the Mexican firm Ramírez, Gutiérrez-Azpe to join the firm’s energy practice group in its Mexico City offices.

  • September 28, 2016

    Rooftop Rivals SolarCity, SunPower Swap Trade Secrets Suits

    SolarCity Corp. on Tuesday accused rooftop solar rival SunPower Corp. of stealing customer information and trade secrets, a day after a SunPower unit and its former owner lobbed trade secret theft allegations of their own at SolarCity in California federal court.

  • September 28, 2016

    Ex-PetroTiger CEO, Quinn Emanuel Arbitration OK'd By Court

    A Florida appeals court on Wednesday affirmed an order sending a former PetroTiger CEO who pled guilty in New Jersey to bribing a Colombian official to arbitration with Quinn Emanuel Urquhart & Sullivan LLP over $3.6 million in fees owed to the law firm.

  • September 28, 2016

    $28B LNG Project Gets OK From Canada, With Enviro Checks

    The government of Canada approved a proposed CA$36 billion ($27.5 billion) liquefied natural gas terminal in British Columbia backed by Malaysian state oil company Petronas and others on Tuesday, while putting in place a slew of conditions to mitigate the project’s environmental impact as well as its effect on indigenous peoples.

  • September 28, 2016

    Apache Gets Expert Atty Booted In Well Abandonment Trial

    A Texas federal judge ruled on Wednesday that a Thompson & Knight LLP partner can’t testify in Apache Corp.’s $44 million contract dispute with W&T Offshore Inc. over well abandonment liability, saying that attorneys can’t be brought on as experts to proffer legal conclusions about contract interpretation.

  • September 28, 2016

    Abengoa Creditors Look To Probe Pre-Bankruptcy Deals

    U.S. creditors of Spanish renewable energy developer Abengoa SA on Tuesday sought permission from a Delaware bankruptcy judge to investigate the company's finances, a day after Abengoa submitted an overview of a complicated global plan to restructure billions of dollars in debt.

  • September 28, 2016

    No Issues With Army's $439M Energy Leases, Watchdog Says

    The Pentagon's internal watchdog gave a clean bill of health Wednesday to the U.S. Army's leasing of land for use in solar energy projects, totaling more than $439 million, turning up nothing after an anonymous tipster alleged the property was leased to utility companies without employing competitive procedures.

  • September 28, 2016

    Congress Reaches Deal To Avoid Gov't Shutdown

    Congress pulled together a compromise measure Wednesday that would avoid a government shutdown at the end of the week, after a deal was struck to allow aid for Flint, Michigan’s lead-contaminated water system to proceed in a different bill.

  • September 28, 2016

    FERC Defends Approval Of $971M Pipeline Project At DC Circ.

    The Federal Energy Regulatory Commission told the D.C. Circuit on Tuesday that it properly considered the environmental impacts of $971 million gas pipeline project that will run through New York and New England and reasonably concluded that a nearby nuclear plant posed no danger.

Expert Analysis

  • Objective Reasonableness Still Relevant Post-Halo

    Steven Roth

    The Federal Circuit has now held in WesternGeco v. Ion Geophysical that the objective reasonableness of the accused infringer’s positions may still be one of the factors the district court should consider when deciding to award enhanced damages, even though the defendant has been found to be a willful infringer, say Steven Roth and Zhibin Li of Locke Lord LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?


    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • The Right Time To Make A CFIUS Filing

    Stephen Heifetz

    Foreign investors in U.S. companies often must consider whether and when to seek clearance from the Committee on Foreign Investment in the United States. Comparatively little guidance is available on the "when" question. Stephen Heifetz and Alexis Early of Steptoe & Johnson LLP provide several possible answers.

  • Gas Demand Response Programs Are Alluring But Impractical

    Gordon A. Coffee

    As a solution to the shortage of gas for power generation during the winter some industry analysts have suggested creating demand response programs for natural gas, which would be far less capital-intensive than other options. Unfortunately, several practical problems hinder their implementation, says Gordon Coffee of Winston & Strawn LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • Expanded Wharfinger Liability Confuses Spill Cost Recovery

    Lawrence I. Kiern

    A recent decision from a Pennsylvania federal court in the protracted litigation surrounding the Athos I oil spill signals profound implications for the liability of charterers, wharfingers and the U.S. government. The ruling portends costly new obligations for all three entities to conduct frequent underwater surveys using side-scanning sonar to detect obstructions, says Lawrence Kiern of Winston & Strawn LLP.

  • Raising Calif. GHG Targets: A Look At What's Ahead

    Ryan Waterman

    With the recent passing of California's Senate Bill 32 and its companion legislation, Assembly Bill 197, we find ourselves again in a period of transition as the state moves forward with climate change 2.0. We know where the state is heading, but details about how it will get there are still to be developed, say attorneys at Brownstein Hyatt Farber Schreck.

  • Paris Agreement Progress From World’s Largest GHG Emitters

    Eric B. Rothenberg

    With the U.S. and China acceding to the Paris agreement earlier this month, the treaty is on its way to entering into force later this year or early in 2017. Eric Rothenberg and Remi Moncel of O’Melveny & Myers LLP explain what the agreement requires of the world’s two largest economies and how each country plans to meet its obligations.