• August 26, 2016

    DC Circ. Set Immunity Standard Too Low, Venezuela Says

    Venezuela is pushing the U.S. Supreme Court to undo the D.C. Circuit's green light for a Helmerich & Payne Inc. lawsuit challenging the country's takeover of a Venezuelan subsidiary’s oil rigs, filing its opening brief in an appeal over the limits of sovereign immunity under the Foreign Sovereign Immunities Act.

  • August 26, 2016

    SunEdison Wants Class Actions Consolidated In New York

    SunEdison, TerraForm and other defendants in 15 lawsuits brought against the bankrupt solar company urged the Judicial Panel on Multidistrict Litigation on Thursday to consolidate the cases in New York because they share common factual issues, but non-class action plaintiffs countered that the transfer would unnecessarily delay their litigation.

  • August 26, 2016

    High Court Asked To Revisit Bankruptcy Code's Safe Harbor

    A litigation trustee has asked the U.S. Supreme Court to overturn a Second Circuit ruling that the Bankruptcy Code preempted her suit attempting to claw back $143 million Barclays PLC received ahead of SemGroup LP's bankruptcy, saying the ruling wrongly trampled state law.

  • August 26, 2016

    Gov't Says Biofuel Exec Can't Shake $56M Fraud Conviction

    The federal government told an Indiana federal judge Friday that a former biofuel company executive convicted of hiding a $56 million fraud scheme should not be acquitted, saying there was more than enough evidence to prove the charges against him.

  • August 26, 2016

    Judge Sinks Marine Fuel Shippers' Bid For Payment

    A New York federal court Thursday turned down attempts by two fuel suppliers left with unpaid bills by bankrupt marine fuel shipper OW Bunker A/S to collect their money from the company's banker or the ships they had serviced.

  • August 26, 2016

    Software Co.'s $20M Suit Claims Merger Misrepresentations

    Software company E2.0 LLC was hit by a $20 million lawsuit Thursday in Delaware federal court claiming the company deceived C3 Inc. in the run-up to the companies’ merger, lying about energy savings associated with its software, opening sham accounts to report false customer usage levels and talking up a shoddy product.

  • August 26, 2016

    Tribes, Greens Ask Obama To Block Dakota Access Pipeline

    Thirty environmental and Native American groups on Thursday asked President Barack Obama to halt construction of the controversial Dakota Access oil pipeline, saying the general permit used to approve the project did not allow for a thorough investigation of the project’s impacts.

  • August 26, 2016

    A Cheat Sheet To The Sioux Fight To Stop The Dakota Pipeline

    With a D.C. federal judge poised to decide whether to halt construction of the $3.8 billion Dakota Access crude oil pipeline through lands sacred to the Standing Rock Sioux Tribe, Law360 offers a cheat sheet on what's at stake in the multifront battle and how one tribe's defiance became a cause celebre that threatens to take down the entire project.

  • August 26, 2016

    ICSID Roundup: The Latest Claims You Need To Know

    It's been a busy two weeks at the International Centre for the Settlement of Investment Disputes, with investors filing four claims against Turkmenistan, Lebanon, Croatia and Spain stemming from disputes in the construction, energy and power sectors. Here, Law360 takes a look at the latest ICSID claims you need to know.

  • August 26, 2016

    Enviro Hits Biomass Co. With Stormwater Pollution Suit

    A nonprofit environmental group hit Blue Lake Power LLC with a lawsuit in California federal court Thursday, alleging unchecked stormwater runoff from the biomass facility sends unlawful amounts of pollution into waters that run to the Pacific Ocean.

  • August 26, 2016

    Oil Magnate Kicks Off Arbitration Over Pricey Rig

    An energy company run by oil magnate Jack Grynberg has asked arbitrators to sanction its British partner in a Cameroon drilling venture for allegedly hiring an unqualified contractor and spending too much to lease a brand-new drilling rig, according to a statement Friday.

  • August 26, 2016

    Pa. Fracking Hopeful Says Court Should Weigh Well Block

    A Pennsylvania landowner asked a federal court Friday not to toss its lawsuit against the Delaware River Basin Commission challenging its refusal to approve an exploratory well while a de facto fracking moratorium is in place, arguing it doesn’t have to take up its case with the commission before heading to court.

  • August 26, 2016

    Texas Oil Field Operator Beats Suit Over Cratered Value

    A Texas federal judge on Thursday tossed a class action by an investor in Harvest Natural Resources Inc. claiming the company misled investors about its financial health to keep its stock afloat, chalking up the oil field operator’s alleged deception to simple human error rather than a conspiracy to defraud shareholders.

  • August 26, 2016

    Bridgetex Pipeline Says Stampede Energy Owes It $279M

    BridgeTex Pipeline Company LLC filed a lawsuit in state district court in Houston Thursday against a former business partner, Stampede Energy LLC, telling the court that Stampede breached the terms of an agreement to provide crude oil to BridgeTex and now owes it $279 million.

  • August 26, 2016

    Taxation With Representation: Ropes, Cooley, Wachtell

    In this week’s Taxation with Representation, Pfizer announces a $14 billion deal for a biotechnology company, a Canadian retail giant drops $4.4 billion on CST Brands and Berry Plastics grows its North American presence with the purchase of a smaller rival.

  • August 26, 2016

    EFH Gets Green Light For First Phase Of Ch. 11 Exit

    The Delaware bankruptcy judge presiding over Energy Future Holdings Corp.’s bankruptcy gave his OK on Friday to the first phase of the power giant’s Chapter 11 exit, allowing the company to spin off its major operating unit in what is hoped will be a mostly tax-free transaction.

  • August 26, 2016

    Texas' C&J Energy Sues Ex-VP Who Left For Competitor

    C&J Energy Services Ltd. on Thursday filed a lawsuit in Houston against its former senior vice president and general manager, telling the court it needed immediate intervention to prevent the former employee from divulging its trade secrets to his new employer — a direct competitor where he now holds a similar leadership position.

  • August 26, 2016

    Atlas Resources Cleared For Ch. 11 Exit A Month After Filing

    A New York judge said Friday that he would approve a plan from Atlas Resource Partners LP that’s expected to reduce its debt by $900 million and hand control of the oil and gas business to its lenders, clearing Atlas’ exit from bankruptcy less than a month after filing for Chapter 11 protection.

  • August 26, 2016

    3 Key Challenges When Closing A Nuclear Plant

    A fresh wave of nuclear plant closings is sweeping the U.S., bringing plenty of potential financial, environmental and regulatory potholes for plant owners. Here, attorneys identify three key issues facing plant owners that decide to close up shop.

  • August 25, 2016

    Objectors Say $275M Breakup Fee Too Big In $18B EFH Deal

    A trio of parties objected Thursday in Delaware bankruptcy court to a proposed $18.4 billion merger of bankrupt Energy Future Holdings' interest in Oncor Electric Delivery Co. LLC, saying that a breakup fee included in the proposal is too large and will chill the solicitation of other bids for the assets.

Expert Analysis

  • New Approach To Pleading Standards From Colo. High Court

    Lino S. Lipinsky de Orlov

    The Colorado Supreme Court's recent decision in Warne v. Hall represents a dramatic change in Colorado pleading standards. The adoption of the “plausibility standard” not only greatly enhances state courts’ authority to dismiss claims that judges perceive as groundless, but will also impact parties’ strategic decisions to file motions to dismiss, say attorneys at Dentons.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • New Truck Emission Rules Offer Advantages And Obstacles

    Christopher D. Jensen

    A recent rule issued by the U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration promises to significantly lower greenhouse gas emissions from medium- and heavy-duty vehicles and aims to achieve the possibility of significant cost savings for fleet owners and operators. However, the new rule will also pose some challenges for the trucking industry, says Christopher Jensen at Hanson Bridgett LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • 5 Key Takeaways From Key Energy’s FCPA Settlement

    Michael Volkov

    Key Energy had adopted a code of conduct, a Foreign Corrupt Practices Act and anti-corruption policy, and a procurement policy, but made no effort to ensure that these policies were enforced in Mexico. Companies continue to fall short on the compliance front by relying on local country managers, says Michael Volkov, a former federal prosecutor.

  • New Uncertainty Surrounds Disputes Over Foreign Stays

    Brian M. Wells

    A recent decision by the U.S. Bankruptcy Court for the Western District of Texas in the case of Sanjel adds a wrinkle to the case law addressing the domestic application of foreign stays through Chapter 15, and in particular, whether it is appropriate for a bankruptcy court to modify or limit a foreign stay, says Brian Wells of Weil Gotshal & Manges LLP.

  • Export Penalty Guidance: A View From The Inside

    Kim Carlson

    On July 22, a final rule on export penalty guidance from the Bureau of Industry and Security became effective. Kim Carlson of Gardere Wynne Sewell LLP sat down to discuss the implications with Troy Shaffer, a senior global trade adviser with the firm’s international trade group and retired special agent of the BIS Office of Export Enforcement.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.