• August 29, 2016

    DC Circ. Won't Link Mercury Rule Challenges

    The D.C. Circuit on Monday rejected a bid by two industry groups to link their challenges of the U.S. Environmental Protection Agency's mercury emissions rule to a new petition taking issue with the EPA's cost analysis of that rule.

  • August 29, 2016

    Colo. Anti-Fracking Measures Won't Make November Ballot

    Two measures that would have added more limitations to oil and natural gas drilling in Colorado failed to make the November ballot because neither tallied enough valid voter signatures, Colorado Secretary of State Wayne Williams announced on Monday.

  • August 29, 2016

    Calif. Tribe Tells DC Circ. Utility Can't Delay Dam Dispute

    The Hoopa Valley Tribe urged the D.C. Circuit on Friday not to postpone oral arguments in the tribe's suit over the relicensing of PacifiCorp’s Klamath Hydroelectric Project, arguing that a proposed settlement to retire the project’s dams depends on Federal Energy Regulatory Commission approvals the agency may not grant.

  • August 29, 2016

    ITA To Adjust Korean Pipe Duties After CIT Judgment

    The U.S. Commerce Department’s International Trade Administration said its final anti-dumping duty determination in an investigation of Korean oil well pipe is not in harmony with the later Court of International Trade’s final judgment, so Commerce is amending the weighted-average dumping margins.

  • August 29, 2016

    Halcon Ch. 11 Plan Under Fire From IRS, Pa. Law Firm

    Halcon Resources Corp.’s prepackaged Chapter 11 restructuring plan, designed to eliminate roughly $1.8 billion in debt, came under fire in Delaware bankruptcy court Monday, with the Internal Revenue Service claiming the company didn’t file a tax return and a law firm arguing the plan would hurt creditors.

  • August 29, 2016

    SunEdison Looks To Lock In $150M Bid For Solar Materials Biz

    SunEdison on Friday sought permission from a New York judge to make Chinese manufacturer GCL-Poly the leading bidder for the bankrupt renewable energy company's solar materials business with a $150 million bid, as SunEdison continues to sell off its assets in Chapter 11.

  • August 29, 2016

    Harm Is Clear In Gas Well Suit, Enviros Tell 8th Circ.

    Environmentalists have urged the Eighth Circuit to vacate the federal government's win in their suit to halt oil and gas drilling in the Ozark-St. Francis National Forests, saying the lower court wrongly found they were unharmed when not given the chance to comment on the government's drilling decision.

  • August 29, 2016

    NJ Gas Co. Urges Approval Of PennEast Pipeline Project

    The controversial proposal for the PennEast gas pipeline through New Jersey and Pennsylvania has received support from a Garden State gas company, which told the Federal Energy Regulatory Commission that the project will lead to more reliable and cost-effective service.

  • August 29, 2016

    Class Attys' Fee Bid Halved In Oil Co. Benefits Suit

    After telling a class of employees for an oil refining company its $2.2 million fee bid was too high in its suit over the company’s alleged retroactive reduction of retirement benefits, a Pennsylvania federal judge has reduced the number of billable hours and granted $1.1 million in fees instead.

  • August 29, 2016

    Afghan Power Plant Subcontractor Sues Boss For $8M Award

    An Afghan builder that helped construct a power plant outside Kabul sued the hiring company in D.C. federal court Friday, saying Symbion Power LLC has not paid an $8.4 million arbitral award that came down in July and is fruitlessly trying to fight it.

  • August 29, 2016

    Jaffe Raitt And Atty Want Out Of $24M Oil Field Asset Suit

    Jaffe Raitt Heuer & Weiss PC and senior partner Ira Jaffe pushed a federal judge Friday to dismiss a $24 million fraud suit against it stemming from agreements to purchase oil field equipment and real estate, arguing under Texas laws, both the firm and the attorney are immune from the claims.

  • August 29, 2016

    Iowa Utilities Board Approves $3.6B Wind Project

    The Iowa Utilities Board has approved Wind XI, a $3.6 billion plan that’s expected to be in full operation by the end of 2019, MidAmerican Energy, the company behind the project, said in a statement.

  • August 29, 2016

    Deals Rumor Mill: SunEdison, Ocean Link, QSR Brands

    The list of suitors vying for SunEdison's assets is growing, U.S. private equity firm General Atlantic has teamed with to launch an investment platform focused on China's growing interest in travel, and Malaysia's largest fast food operator plans to raise more than $400 million in an initial public offering.

  • August 29, 2016

    Samson Creditors Call Revised Plan 'Declaration Of War'

    An attorney representing Samson Resources’ unsecured creditors said Monday that the $4.9 billion Chapter 11 case appears appears headed toward costly litigation after the company filed a revised restructuring deal in Delaware bankruptcy court that would pay off a senior loan in full and hand control of the business to second lien lenders.

  • August 29, 2016

    Blackstone Pledges $1.5B To Texas Oil And Gas Partnerships

    The energy arm of private equity giant The Blackstone Group LP has inked two partnership agreements worth $1.5 billion total to buy and develop assets and property in Texas and New Mexico in the Midland Delaware basins.

  • August 29, 2016

    Texas Oil, Gas Cos. Want Suit Over Sale Proceeds Tossed

    Several Texas oil and gas companies asked a federal judge to toss class allegations that they cheated mineral interest owners out of millions of dollars by falsely claiming ownership rights, arguing Friday that the case belongs in another venue.

  • August 29, 2016

    C&J Energy Gets TRO Against Ex-VP Now At Competitor

    A day after C&J Energy Services Ltd. filed a lawsuit seeking court intervention to keep its former senior vice president and general manager from working for a direct competitor, a state district judge in Houston agreed to the request Friday, finding C&J was likely to succeed on its breach claims at trial.

  • August 29, 2016

    Copec's US Unit Inks $535M Mapco Convenience Stores Deal

    Chilean fuel giant Compania de Petroleos de Chile Copec SA is gaining a foothold in the U.S. market with the $535 million acquisition by a subsidiary of energy company Delek US Holdings Inc.’s Mapco Express Inc. convenience store chain, the companies said on Monday.

  • 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.

Expert Analysis

  • Calif. '1 Action Rule': A Cautionary Tale For Energy Lenders

    Laura S. Martone

    Lenders with real property security in California likely recall there is something unique about this type of collateral. California’s so-called “one action rule” is often mentioned during the drafting stage of loan documents, but then fades to the background as the loan runs its course. However, lender groups should pay closer attention to the operation of this rule, say attorneys at Haynes & Boone LLP.

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • 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.