Energy

  • June 27, 2016

    The Firms That Won Big At the Supreme Court

    While the usual appellate powerhouse firms scored big at the U.S. Supreme Court in the 2015 term, a dark horse managed to emerge with a spotless 5-0 record, and a veteran boutique was able to shape landmark rulings on both the Affordable Care Act and the Obama administration’s executive orders on immigration. Here, Law360 takes a look at how the country’s top firms performed at the high court this session.

  • June 27, 2016

    The Top Supreme Court Dissents Of The Term

    While Justice Antonin Scalia's death resulted in a Supreme Court term notably lacking his famously pithy, well-reasoned dissents, the justices still managed to make their ire known. Here, we look at the most noteworthy dissents of the term and how Scalia's absence made a mark.

  • June 27, 2016

    The Supreme Court Term By The Numbers

    A vacant seat on the court. Controversial decisions on abortion and affirmative action. A judicial deadlock on immigration. For the U.S. Supreme Court, it was both business as usual and a session unlike any other. Here, Law360 takes a deep dive into the numbers behind the high court's latest term, examining the vote counts, overturn rates and dissents from this divided court.

  • June 27, 2016

    The Funniest Moments Of The Supreme Court's Term

    Late Justice Antonin Scalia joked about taking bribes, Justice Stephen Breyer imagined a hot dog detector and Chief Justice John Roberts needed help deciphering a young lawyer's lingo. Amid the customary seriousness of this term's U.S. Supreme Court arguments, there were some memorable moments of courtroom comedy. Here, Law360 looks back at humorous highlights from the past year.

  • June 27, 2016

    SEC Unveils Long-Awaited Extraction Payment Rule Revision

    The U.S. Securities and Exchange Commission on Monday announced a new rule requiring oil and gas extraction companies to disclose payments worth more than $100,000 annually made to foreign governments, four years after a D.C. federal judge tossed a similar rule based on competition concerns.

  • June 27, 2016

    A Divided Court Finds New Ways To Be Unanimous

    The U.S. Supreme Court's struggle to avoid 4-4 splits this term led to a new kind of unanimity, experts say, with the four justices in the ideological middle forging consensus on narrow points of law.

  • June 27, 2016

    Enviros Blast BLM's Bid To Buck Calif. Fracking Suit

    The Center for Biological Diversity on Friday urged a California federal judge to block the U.S. Bureau of Land Management from allowing any oil and gas leasing in connection with its Bakersfield resource management plan and order it to take a hard look at the cumulative effects of fracking in the area.

  • June 27, 2016

    Kazakhstan, Energy Investors Battle Over $500M Award Stay

    Moldovan energy investors on Friday urged a D.C. federal judge to avoid any further delays in considering confirmation of a $500 million arbitration award Kazakhstan owes over its alleged pressure on them to withdraw energy investments, while the country argued pending Swedish proceedings could render U.S. litigation unnecessary.

  • June 27, 2016

    8 Wasn't Enough For Lawyers Seeking High Court Clarity

    The eight-justice U.S. Supreme Court failed to reach majority decisions in some of the most closely watched cases of the term, leaving controversial legal questions unanswered and underscoring the stakes of the political fight over the late Justice Antonin Scalia's replacement.

  • June 27, 2016

    Pa. House Panel Approves Natural Gas Royalty Payment Bill

    A Pennsylvania House committee on Monday gave bipartisan approval to a bill designed to protect royalty payments for natural gas drilling lease owners by guaranteeing that even when post-production costs are applied, a minimum royalty for unconventional gas well production would not be less than 12.5 percent.

  • June 27, 2016

    Size Matters, SEC Tells Fuel-Storage Firm In Fraud Suit

    Chinese petro-storage company Longwei Petroleum Investment Holding Ltd. and its Florida-based chief financial officer lied about the size of their storage tanks in press releases and public filings, falsely touting their capacity as a competitive advantage, according to a suit filed by the U.S. Securities and Exchange Commission on Monday.

  • June 27, 2016

    Judge Removes Self From Prepa Kickback Suit

    A federal magistrate judge on Monday removed herself from a class action alleging Puerto Rico’s financially troubled electric utility Prepa took kickbacks from its fuel energy suppliers, after she discovered a conflict stemming from her time representing the U.S. Environmental Protection Agency.

  • June 27, 2016

    Oaktree Capital Atty Arrested Over UAE Criminal Charges

    A former Cadwalader Wickersham & Taft LLP attorney now with distressed debt investor Oaktree Capital Management LP has been arrested in London and faces the threat of extradition to the United Arab Emirates for allegedly stealing part of an arbitration award paid by Venezuela’s state-owned oil company.

  • June 27, 2016

    Atty In BP Fraud Case Wants Charges Axed Over Trial Delay

    A Texas plaintiffs lawyer and his brother, accused of filing false claims to BP Exploration and Production Inc. in the aftermath of the Deepwater Horizon disaster, on Friday asked a Mississippi federal judge to toss their indictments because their trials haven’t occurred quickly enough.

  • June 27, 2016

    Williams Appeals ETE Merger Escape After Investors OK Deal

    The Williams Cos. on Monday appealed a Delaware court ruling that gave Energy Transfer Equity LP the right to abandon a nearly $21 billion merger between the two companies, filing court papers hours after Williams shareholders overwhelmingly voted in favor of the deal.

  • June 27, 2016

    $60M For EFH Ch. 11 Confirmation Trial Brings Fees To $350M

    Energy Future Holding’s Chapter 11 confirmation trial last fall, and the runup to the proceedings, generated nearly $60 million in professional fees, bringing the running total to roughly $350 million in the massive case, the watchdog committee keeping an eye on costs told a Delaware bankruptcy judge Monday.

  • June 27, 2016

    TransCanada Files $15B Arbitration Claim Over Keystone XL

    TransCanada is asking the International Centre for Settlement of Investment Disputes to arbitrate its $15 billion North American Free Trade Agreement demand against the U.S. government over the State Department’s cross-border permit denial for the Keystone XL pipeline.

  • June 27, 2016

    US Challenges Releases In Alpha Natural Ch. 11 Plan

    A government bankruptcy watchdog filed an objection Monday challenging liability releases included in Alpha Natural Resources’ proposed reorganization plan, saying the plan would improperly shield attorneys and other professionals from legal action even if they act negligently.

  • June 27, 2016

    EPA Bans Fracking Wastewater From Public Facilities

    The U.S. Environmental Protection Agency on Monday published its final version of a rule that will prohibit wastewater discharges from fracking operations from going to municipal sewage treatment plants.

  • June 27, 2016

    FERC Approved Unfair Grid Integration Plan, DC Circ. Told

    The Federal Energy Regulatory Commission wrongly approved Southwest Power Pool Inc.'s plan to bring three utilities into the regional grid operator's transmission footprint, which will saddle existing SPP members and their ratepayers with unfair costs, Kansas utility regulators told the D.C. Circuit on Friday.

Expert Analysis

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • Proposed Solar Bill Highlights Tax Credit Disparities

     David K. Burton

    The proposed Solar Expansion of Distributed Generation Exponentially Act and the enacted Consolidated Appropriations Act include disparate standards for determining specific elements of residential solar tax credits. A technical fix may be necessary to eliminate this schism and the attendant uncertainty for taxpayers, say David Burton and Isaac Maron at Mayer Brown LLP.

  • Preparing For The Imminent Rise Of Citizen Science

     Delmar R. Ehrich

    The rise of citizen science will pose major challenges to industry in environmental permitting, compliance, enforcement and risk management. As it starts to generate data that does not fit easily into the traditional environmental compliance model, companies must prepare to confront information about their facilities, the provenance and accuracy of which will likely be unclear, says Delmar R. Ehrich at Faegre Baker Daniels LLP.

  • Texas Extends 'Accommodation Doctrine' To Groundwater

    Anthony B. Cavender

    The Texas Supreme Court's recent decision in Coyote Lake Ranch v. City of Lubbock can be seen as a predictable evolution in the court’s approach to groundwater and the need to access this resource in a fair and reasonable manner, says Anthony Cavender at Pillsbury Winthrop Shaw Pittman LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • Courts Cast Doubt On Common Bankruptcy-Blocking Tactic

    Matthew J. Gold

    While two recent bankruptcy court decisions in Lake Michigan Beach Pottawattamie Resort and Intervention Energy Holdings rely on different rationales, the result is that lenders should recalibrate their expectations regarding whether borrowers can be prevented from filing bankruptcy through drafting or structural means, says Matthew Gold of Kleinberg Kaplan Wolff & Cohen PC.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • 'Taking My Talents To South Beach': Law Firm Version

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    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Your 401(k) Plan: A Ticking Time Bomb Of Liability?

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    No one understands the concept and obligations of “fiduciary duty” better than legal professionals — and yet, many law firm partners and principals may be overlooking a significant source of liability in their practices, says Tom Zgainer, CEO and founder of America’s Best 401k.

  • FWS Proposes, Again, To Issue 30-Year Eagle Act Permits

    S. Keith Garner

    The proposed changes to the U.S. Fish and Wildlife Service's Eagle Act permitting program are likely to be welcomed by applicants. However, the amendments would introduce some uncertainty for holders of long-term permits, say Keith Garner and Khyati DalaI at Sheppard Mullin Richter & Hampton LLP.