• July 28, 2015

    Green Field Trustee's $230M Suit Slated For Jan. Mediation

    A Delaware bankruptcy judge ruled Tuesday that a $230 million lawsuit lodged by Green Field Energy Services Inc.’s liquidating trustee against the oil field servicer's ex-CEO will go before a mediator in January then head to trial late next year if need be.

  • July 28, 2015

    NJ Enviro Groups To Appeal Exxon Mobil Intervenor Denials

    Environmental groups united against the New Jersey's proposed $225 million settlement from Exxon Mobil Corp. over natural resource damage claims said Tuesday they plan to appeal the rejection of their attempts to join the litigation between the Department of Environmental Protection and the energy giant.

  • July 28, 2015

    Contracting Flaws Found At Texas Land Office

    The Texas General Land Office, a state agency run by presidential hopeful Jeb Bush’s son George P. Bush that manages lands and mineral rights properties, has significant weaknesses in its contract procurement process and lacks a proper control structure, according to a state audit report Tuesday.

  • July 28, 2015

    Deals Rumor Mill: Blackboard, Quiksilver, GE, Syngenta

    Blackboard Inc., a private equity-backed education technology company, explores a sale that will value it around $3 billion, while surf wear retailer Quiksilver Inc. hires a restructuring adviser to help it turn around its business, as General Electric Co. offers to unload assets to an Italian rival with the hopes of scoring antitrust clearance from European regulators for its purchase of Alstom SA's energy business.

  • July 28, 2015

    10th Circ. Stands By Bankruptcy Jurisdiction Ruling

    The Tenth Circuit refused Tuesday to revisit its ruling on bankruptcy courts' jurisdictional limits in a conflict of interest suit concerning a wind farm client, rejecting contentions that the decision contained several "legal and factual misstatements," but changing some wording nonetheless.

  • July 28, 2015

    Spanish Suit May Threaten Competition Watchdog Model

    Spain's Supreme Court has asked the European Union's highest court whether the country's decision to merge its competition, energy and telecommunications authorities into one superagency violates EU law, in a case that could force Spain and other countries to restructure their competition and regulatory watchdogs.

  • July 28, 2015

    PG&E Says 45-Year-Old Charges Barred From Pipe Blast Case

    PG&E Corp. on Tuesday said several of the federal charges its facing following a fatal 2010 pipeline explosion and fire in San Bruno, California should be dismissed under the statute of limitations.

  • July 28, 2015

    Texas Court Won't Revive $1B Entergy Theft Claims

    A Texas appeals court Tuesday affirmed its decision to void class certification and claims in a $1 billion Texas Theft Liability Act suit against Entergy Corp. for allegedly inflating electric bills through an energy-purchasing scheme.

  • July 28, 2015

    Pa. DEP To Weigh Public Input In $1.3M Coal Ash Settlement

    Pennsylvania environmental regulators said Tuesday they would begin to accept public comment as they work toward finalizing a proposed $1.3 million settlement with Talen Energy over an August 2005 coal ash spill at a now-shuttered Northampton County power plant.

  • July 28, 2015

    Royalty Trust Unitholder Can't Sue XTO, Bank Of America

    In a case of first impression, a Texas appellate court on Monday held neither XTO Energy Inc., as the settlor of a publicly traded oil and gas royalty trust, nor trustee Bank of America NA can be subject to a unitholder derivative suit alleging the trust was shortchanging royalty payments.

  • July 28, 2015

    House OKs Congressional Review For Major Regulations

    The U.S. House of Representatives on Tuesday passed a bill to give Congress review power over all federal regulations that would result in an economic impact of $100 million or more, or other significant consumer or business impacts, ignoring a presidential veto threat.

  • July 28, 2015

    Duke Energy Snaps Up 2 Calif. Solar Farms

    Duke Energy Corp. on Monday continued to beef up its solar energy portfolio, agreeing to buy a pair of solar projects in southern California from Canadian renewable developer Kruger Energy Inc. that will generate a combined 50 megawatts of electricity.

  • July 28, 2015

    Neb. Governor Pushes Obama To Approve Keystone Pipeline

    Nebraska Republican Gov. Pete Ricketts wants President Barack Obama to issue a presidential permit for TransCanada Corp.'s Keystone XL pipeline, saying that the state's public process has cleared the way for the project to cross the eastern portion of the state.

  • July 28, 2015

    SunEdison Scores $160M For Chilean Solar Plant

    SunEdison Inc. said Tuesday that it has arranged $160 million in financing for a 110-megawatt solar power plant in Chile, which is expected to be the largest solar project in Latin America.

  • July 28, 2015

    GE, Alstom Trim $13.6B Deal In EU Antitrust Approval Bid

    French conglomerate Alstom SA has agreed to let General Electric Co. pay €300 million ($331.6 million) less than initially agreed for its power business as part of GE’s attempt to win approval for the deal from European Union antitrust regulators, Alstom said Monday.

  • July 28, 2015

    3 Texas Regulatory Fights To Watch In The 2nd Half Of 2015

    Texas businesses should expect a streamlined environmental permitting process, but they could see shifts in energy permitting and local oil and gas drilling rules as policy changes made in the 2015 legislative session work their way into final rules, lawyers say.

  • July 28, 2015

    DC Circ. Upholds Most Of EPA Air Pollution Rule

    The D.C. Circuit on Tuesday largely upheld the U.S. Environmental Protection Agency’s plan to control cross-state air pollution, but ordered the agency to reconsider emissions budgets criticized as unfairly strict by a handful of states.

  • July 28, 2015

    Milbank Reps Banks In Funding $820M Mexico Gas Pipeline

    Milbank Tweed Hadley & McCloy LLP confirmed Tuesday that it represented a group of international banks in financing an $820 million natural gas pipeline project in Mexico that will ship gas from Texas to a pair of power plants owned by Mexico’s national electricity commission.

  • July 28, 2015

    Freshfields Guides Honeywell On $5.1B Deal For Elster

    Honeywell International Inc., advised by Freshfields Bruckhaus Deringer, has agreed to buy the utility metering and technology business Elster for £3.3 billion ($5.14 billion) from U.K.-based turnaround investor Melrose PLC, expanding Honeywell’s reach in growing markets, the companies said Tuesday.

  • July 27, 2015

    $6.8M Marathon Leak Suit A Week Too Late: Appeals Court

    A Texas appeals court held Friday that a landowner couldn't sue Marathon Oil Co. for $6.8 million for its alleged negligence in plugging an oil well 15 years before it started leaking salt water, saying the statute of limitations had run out about a week before it was filed.

Expert Analysis

  • Screened Selection In Party-Appointed Arbitrations

    Charles B. Rosenberg

    The International Institute for Conflict Prevention & Resolution's screened selection process for party-appointed arbitrators is a simple compromise between the positions of those who believe the existing system of party appointments should remain unchanged and those who would overhaul the system, say Charles Rosenberg of White & Case LLP and Olivier Andre of the International Institute for Conflict Prevention & Resolution.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • FERC Finds No Cause For Change In Its GHG Analysis

    Howard L. Nelson

    The Sabine Pass Liquefaction LLC rehearing order suggests that the Council on Environmental Quality's draft guidance concerning climate change analysis from federal agencies will not change the calculus of environmental impact analyses from the Federal Energy Regulatory Commission under the National Environmental Policy Act, insofar as it concerns greenhouse gases, say Gus Howard and Howard Nelson of Greenberg Traurig LLP.

  • Mid-2015 Restructuring Review: Europe And Emerging Markets

    Stephen Phillips

    Opportunities for distressed debt funds to buy attractively priced distressed corporate assets have been few and far between in recent terms, but do not expect activity levels to be quiet forever. One market that funds have been eyeing closely is Italy, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • New Energy Efficiency Requirement In The UK Rented Sector

    Alibhai, Elizabeth, Dechert.jpg

    The U.K. government has set a target to reduce greenhouse gas emissions by at least 80 percent by 2050, but incentives for making energy-efficiency investments in the rental sector have been lacking and voluntary initiatives have had disappointing results. The U.K. Department of Energy and Climate Change's new regulations show the carrot has been replaced with the stick, says Elizabeth Alibhai at Dechert LLP.

  • This Week In Congress: Continuing Resolution Looms

    Richard A. Hertling

    Highway funding remains at an impasse this week, as House and Senate debates continue. Iran also remains a major focus, with only 60 days for Congress to review the nuclear agreement reached earlier this month. Meanwhile congressional leaders have finally acknowledged what has been clear all along — efforts to fund the government past Sept. 30 have failed, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • An Oft-Forgotten Detail In Infrastructure Deals

    Burt Braverman

    The fallout from overlooking telecommunications licenses — an essential element of infrastructure deals — can be at best inconvenient and at worst very costly, says Burt Braverman of Davis Wright Tremaine LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • Texas Takes Firm Stance Toward Local Environmental Fines

    Gerald J. Pels

    Texas' cap on local fines and penalties from environmental litigation is one of the first in the country. While H.B. 1794 does not limit the state’s authority to bring actions, recover penalties or limit any authority — state or local — to pursue criminal actions for environmental infractions, it will provide predictability in enforcement and will often lead to greater compliance, says Gerald Pels of Locke Lord LLP.

  • Low Levels Of FCPA Enforcement Continued In Q2

    Marc Bohn

    Unless the pace of Foreign Corrupt Practices Act enforcement picks up considerably, as it did last year, 2015 is on track to be the lowest year in terms of resolved dispositions since 2005, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.