• December 19, 2014

    K&L Gates IP Partner Decamps After Client DQ Fight

    Former K&L Gates LLP partner Charles Holland has left the firm’s Palo Alto, California,  office for a position at Strategic Innovation IP Law Offices, less than three months after K&L Gates was accused of representing both sides of a patent infringement suit with ties to Holland.

  • December 19, 2014

    NJ Asks High Court to Review Power Plant Subsidies Denial

    The New Jersey Board of Public Utilities asked the U.S. Supreme Court to review an appeals court decision rejecting the state’s subsidy program aimed at spurring construction of new gas-fired power plants, arguing that the program is within the state’s dual regulatory authority with the federal government.

  • December 19, 2014

    Retiring Pa. Chief Justice Pegs Legacy On Fracking Decision

    As he prepares to leave the bench at the end of the year, the retiring chief justice of the Pennsylvania Supreme Court told Law360 in an interview that his legacy would live on through a 2013 ruling finding that statewide hydraulic fracturing rules violated constitutionally enshrined environmental protections.

  • December 19, 2014

    Obama Says He Won't Sanction Russia Under New Law

    President Barack Obama on Thursday signed a new law that allows the U.S. to provide weapons and drones to Ukraine and opens the door to further sanctions in the Russian defense, banking and energy sectors in connection with the ongoing conflict in the region — an option he said he didn’t plan to use.

  • December 19, 2014

    5 IPOs Reap $1B In Last Full Week Of Record-Busting 2014

    Five companies launched initial public offerings the last full week before Christmas, raking in more than $1 billion combined with two cancer immunotherapy developers and an alternative lender pricing above their ranges, as 2014 locks down a record year for IPOs.

  • December 19, 2014

    FERC Approves $607M Leidy Gas Pipeline Project

    Natural gas pipeline group Transcontinental Gas Pipe Line Co. LLC won approval from the Federal Energy Regulatory Commission on Thursday to build its 30-mile Leidy Southeast pipeline expansion project and to abandon a compressor engine in Pennsylvania.

  • December 19, 2014

    CIT Pauses Anti-Dumping Liquidation Of Korean Oil Pipes

    The Court of International Trade on Thursday sided with a group of South Korean steel pipe producers, enjoining the U.S. Department of Commerce from liquidating their products to protect the importers as they challenge Commerce’s final determination because it said the injunction harmed neither the U.S. nor domestic producers.

  • December 19, 2014

    Taxation With Representation: Wilson Sonsini, Shearman, DPW

    In this week's Taxation With Representation, Thoma Bravo snaps up Riverbed Technology in a $3.6 billion sale, while Emerson Electric unloads its power transmissions business in a $1.4 billion deal.

  • December 19, 2014

    DOE Needs Land, Water Rights For Nev. Nuke Waste Storage

    The U.S. Department of Energy must acquire land and water rights around Yucca Mountain in the Nevada desert before it can seek to use the site to store the country's radioactive waste, according to a Thursday report by the Nuclear Regulatory Commission, which was reviewing the DOE's application.

  • December 19, 2014

    JPMorgan, Solar Co. Team Up On Solar Project Venture

    Institutional investors advised by JPMorgan Chase & Co.'s asset management arm are teaming with solar power producer Sonnedix on a joint venture to develop and operate more than €300 million ($367 million) worth of solar projects around the world, the companies announced Friday.

  • December 19, 2014

    Judge Keeps Alive Part Of OC Water District's MTBE Suit

    A New York federal judge on Thursday kept alive part of the Orange County Water District’s suit claiming that a gasoline additive leaked by Tesoro Corp., Shell Oil Co. and others endangered the water supply, saying it was too early to determine whether an expert report established causation.

  • December 19, 2014

    Enterprise Products VP Joins Norton Rose Fulbright

    A senior vice president, general counsel and secretary at Enterprise Products Partners LP is leaving the company to join Norton Rose Fulbright's corporate, securities and mergers and acquisitions practice group in Houston, the law firm announced Thursday.

  • December 19, 2014

    Plummeting Oil Prices Open Door For Distressed PE In 2015

    The market for distressed and special situation private equity investing is poised to heat up in 2015 as oil prices lingering at the lowest level in half a decade fuel concerns that a number of energy companies won't be able to meet their debt obligations, experts say.

  • December 19, 2014

    Del. Justices Nix Voting Ban On $2.9B C&J Energy-Nabors Deal

    The Delaware Supreme Court on Friday shot down a 30-day injunction barring oil field company C&J Energy Services Inc. from holding a shareholder vote on a proposed $2.9 billion merger with the hydraulic fracturing and well-sealing units of Nabors Industries Ltd., finding numerous problems with the Chancery Court decision.

  • December 19, 2014

    ACLU Urges Lift Of Gag Order In Coal Exec's Criminal Case

    The American Civil Liberties Union urged a West Virginia federal judge Thursday to lift a sweeping gag order in the criminal case of former Massey Coal Co. CEO Don Blankenship in connection with 29 miner deaths, saying in a sealed document that the order flies in the face of the Supreme Court's absolute prohibition of prior restraint under the First Amendment.

  • December 19, 2014

    EPA Will Treat Coal Ash As Solid Waste In Win For Industry

    The U.S. Environmental Protection Agency said Friday it will regulate coal ash as solid waste rather than the more strictly controlled hazardous waste, a victory for the power industry that frequently recycles the byproduct for building and agricultural uses.

  • December 19, 2014

    FERC To Hear American Airlines' NYC Jet Fuel Row

    The Federal Energy Regulatory Commission on Thursday agreed to hear a complaint filed by American Airlines Inc. against Buckeye Pipe Line Co. LP claiming the airline overpaid Buckeye $4.3 million for jet fuel transportation to the three major New York City-area airports.

  • December 19, 2014

    BASF, Gazprom Ditch Asset Swap Amid Sour EU-Russia Ties

    Strained relations between Russia and Europe ramped up their toll late on Thursday when Germany's BASF SE, the world's biggest chemical maker, said it had scrapped a plan to swap certain natural gas assets with Russian energy giant Gazprom OAO.

  • December 19, 2014

    FERC Backs Interregional Transmission Plans With Caveats

    The Federal Energy Regulatory Commission on Thursday issued its first rulings on whether interregional transmission plans submitted by regional grid operators comply with its transmission planning rule Order No. 1,000, giving a thumbs-up to plans submitted by grid operators in California, the Midwest and Mid-Atlantic.

  • December 18, 2014

    WTO Expands Chinese Solar Panel Duty Ruling Against US

    The World Trade Organization further cemented its rebuke of U.S. countervailing duties on Chinese products in a ruling issued Thursday, finding that the Department of Commerce had applied subsidies and countervailing measures inconsistently with WTO rules.

Expert Analysis

  • NY's Fracking Ban: Politics Under The Veil Of 'Science'

    Yvonne Hennessey

    The losers from Gov. Andrew Cuomo's decision to ban hydraulic fracturing in New York are countless in the state's Southern Tier. Perhaps one day the biggest question on everyone’s minds will be answered — whether science dictated the decision to ban drilling or just good old politics, says Yvonne Hennessey of Hiscock & Barclay LLP.

  • How Will States Put The Clean Power Plan Into Practice?

    Jennelle Arthur

    Setting aside arguments over the legality of President Obama's Clean Power Plan, of which there are many, commenters have expressed serious concerns over what is perceived as the plan’s largest flaw — its actual application on a state-by-state basis, particularly in the coal country of West Virginia, says Jennelle Arthur of Jackson Kelly PLLC.

  • OFAC Compliance: 5 Challenges You May Face In 2015

    Sven Stumbauer

    Criminal penalties for willful violations of Office of Foreign Assets Control sanctions can include fines of up to $20 million and imprisonment of up to 30 years. Worse yet, a single transaction can produce multiple violations. Given those risks, many boards and senior executives have moved OFAC compliance to the top of their agendas, says Sven Stumbauer of AlixPartners LLP.

  • Avoiding 'Deja Vu 2' In High Court CSX Tax Case

    Benjamin Blair

    The U.S. Supreme Court in Alabama Department of Revenue v. CSX Transportation Inc. may realize that the best path forward is to issue a narrow decision and let the issue of other allegedly discriminatory aspects of the state’s tax regime come to the court on their own — one thing is certain, the high court does not want its decision in CSX II to lead to a CSX III, says Benjamin Blair of Faegre Baker Daniels LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Blankenship Case Shows Perils Of Post-Crisis Assurances

    Jeremy Peterson

    Attorneys and executives would do well to take note of the recent federal indictment of Massey Energy Co.'s former CEO, which shows that, in at least some circumstances, relatively general and open-ended corporate statements can be the basis for criminal charges, say attorneys at Arnold & Porter LLP.

  • Russia Sanctions Bill Will Likely Become Law

    Harry Clark

    While the president’s public remarks indicate his reluctance to take unilateral sanctions action relating to Russia, there is a good chance that he will sign the Ukraine Freedom Support Act into law, given broad bipartisan support of the legislation in both houses of Congress, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Annual Bankruptcy And Restructuring Roundup

    David N. Griffiths

    Despite the relative paucity of mega cases, 2014 was not a year to forget. With every passing month, new and interesting special situations arose. In case you missed them, here’s a look back at the bankruptcy and restructuring highlights of the year, as well as a look ahead to 2015, say David Griffiths and Doron Kenter of Weil Gotshal & Manges LLP.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.