• September 29, 2016

    API Says Biodiesel Groups Can't Weigh In On EPA Fuel Row

    The American Petroleum Institute said Wednesday a swath of biodiesel industry groups shouldn't be able to chime in on a set of consolidated appeals in the D.C. Circuit challenging the U.S. Environmental Protection Agency's volume obligations under the Renewable Fuel Standard Program.

  • September 29, 2016

    Chemoil Agrees To $98M Deal To End Renewable Fuel Claims

    Chemoil Corp. agreed on Thursday to retire $71 million in renewable fuel credits and pay a $27 million civil penalty — the largest ever in the history of the U.S. Environmental Protection Agency’s fuel program — to settle allegations that it artificially inflated the estimated amount of biodiesel in the country.

  • September 29, 2016

    Duke Energy Pays $2M To Cover Fire On NC Tribe's Land

    A Duke Energy unit will pay $1.7 million under a deal related to a weeklong fire that burned thousands of acres of Eastern Band of Cherokee Indians forest in North Carolina.

  • September 29, 2016

    Oil Co. Sold $35M In Unregistered Securities, SEC Says

    The U.S. Securities and Exchange Commission slapped a Texas oil company and its CEO with a lawsuit Thursday in Florida federal court, claiming they sold about $35 million worth of unregistered securities and lied to investors in the process.

  • September 29, 2016

    Energy Developer Extraction Oil & Gas Primes $550M IPO

    Private equity-backed Extraction Oil & Gas LLC, a Rocky Mountains area explorer targeting the Denver-Julesburg Basin development, set terms Thursday on an initial public offering estimated to raise $550 million, marking the latest energy company to return to public capital markets.

  • September 29, 2016

    Paradigm Says No Need To Speed Up Tribes' Pipeline Appeal

    Paradigm Energy Partners LLC told the Eighth Circuit on Wednesday that there is no reason to speed up the Three Affiliated Tribes' appeal of a decision that blocked the tribes from interfering with the construction of a pair of pipelines underneath a lake on their reservation because the construction is already complete.

  • September 29, 2016

    Fed. Circ. Told It 'Oversimplified' Axed Oil Well Patent

    The Federal Circuit should review its decision to uphold the nix of an oil well monitoring patent's asserted claims, in light of the reasoning the court recently employed in deeming claims in lip-sync animation technology patents as not abstract, an electric grid monitoring company recently argued.

  • September 29, 2016

    Duke Gets Final OK For $5B Piedmont Acquisition

    Duke Energy Corp. received the final go-ahead Thursday to complete its $4.9 billion acquisition of gas utility Piedmont Natural Gas Co. Inc., Duke announced, saying a blessing from the North Carolina Utilities Commission clears the way for the deal to close on Oct. 3.

  • September 29, 2016

    Energy Logistics Firm Loses TRO Bid Against Former Exec

    Energy logistics company Maxum Petroleum Inc. lost its bid in Connecticut federal court Wednesday to secure a temporary restraining order that would prevent a former executive and the competitor he jumped to from soliciting business from Maxum customers or using confidential company information.

  • September 29, 2016

    House Science Chair Asks SEC Head To Explain Exxon Probe

    The House Science Committee’s leader said Thursday he’s concerned that a U.S. Securities and Exchange Commission investigation into Exxon Mobil Corp.’s accounting practices may be linked to the New York attorney general’s probe into the company’s actions regarding climate change.

  • September 29, 2016

    Investors Split On SunEdison Venue At JPML

    SunEdison Inc. investors sparred Thursday before the U.S. Judicial Panel on Multidistrict Litigation over whether various lawsuits alleging the investors were misled about the bankrupt renewable energy company’s liquidity should be consolidated in New York, with some arguing it would unnecessarily disrupt cases on appeal.

  • September 29, 2016

    Enviros Sue Exxon Over Climate Risks To Mass. Terminal

    Exxon Mobil Corp. put Boston-area communities in jeopardy by not adequately safeguarding hazardous materials at a petroleum storage facility from rising seas and more storms due to climate change, an environmental group alleged Thursday in what it calls a first-of-its-kind lawsuit.

  • September 29, 2016

    DOJ Subpoenas Chesapeake Over M&A Accounting Methods

    Chesapeake Energy Corp., already under heavy scrutiny over its oil and gas leasing practices, revealed Thursday that it's received a subpoena from federal prosecutors seeking information on the company's accounting methods used for buying and classifying oil and gas properties.

  • September 29, 2016

    EFH Set To End $122M Spat With Texas Wind Farm Operator

    Energy Future Holdings Corp. subsidiary Luminant has agreed to settle a $122 million dispute over a contractual obligation to purchase wind-generated electricity from the operator of a wind farm in West Texas, according to papers filed in Delaware bankruptcy court on Wednesday.

  • September 29, 2016

    Coal Investors In $6M Row Want Sanctions Over Bank Docs

    Canadian investors who won a $6 million arbitral award from a failed coal mine venture asked a Kentucky federal court Wednesday to sanction the mine operator's president and his lawyers for allegedly failing to produce information about the bank account where his Social Security checks are deposited.

  • September 29, 2016

    CST Brands Investor Slams $4.4B Takeover By Couche-Tard

    An investor in Valero Energy Corp.’s retail spinoff CST Brands Inc. blasted the gas station and convenience store operator’s board of directors in a complaint in a Texas federal court on Thursday, contending that an “unfair process” led to an “unfair price” in its $4.4 billion sale to Couche-Tard.

  • September 29, 2016

    FERC Backs MISO Grid Cos. Overcharge Allegations

    The Federal Energy Regulatory Commission on Wednesday affirmed an administrative law judge's ruling that transmission companies within Midcontinent Independent System Operator Inc. should reduce their rates of investor returns, handing a victory to a coalition of business consumers who claimed they were being overcharged.

  • 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.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

    Higdon (1).jpeg

    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • FERC Reconsiders Horizontal Market Power In Transactions

    Catherine McCarthy

    New Federal Energy Regulatory Commission proposals could impose significant additional filing requirements on certain Section 203 applicants seeking FERC authorization for mergers, acquisitions and other transactions, say Catherine McCarthy, David Perlman and Stephen Hug of Bracewell LLP.

  • 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.