Energy

  • July 25, 2016

    Exxon Still Owes $8.5M From Valdez Spill, Fish Co. Says

    A seafood processing company told an Alaska federal judge Friday that after a decade of battling ExxonMobil over interest calculations on a settlement from the Exxon Valdez oil spill, the oil giant still owes it $8.5 million in interest and attorneys' fees.

  • July 25, 2016

    Orrick Taps Ex-Mayer Brown Energy Pro As Houston Partner

    A former Mayer Brown attorney with expertise in Latin American mergers and acquisitions and energy has been named a partner in Orrick's new Houston outpost, the firm announced Monday.

  • July 25, 2016

    Jones Day Adds 5 Ex-Hogan Lovells Attys To Push Asia Efforts

    Jones Day on Monday said it has added five former Hogan Lovells attorneys to strengthen the firm's work on large infrastructure projects, banking and finance, and energy transactions in Asia.

  • July 25, 2016

    Texas Judge Revives IP Claims Against ConocoPhillips

    Geophysical Service Inc. got another shot at leveling trade secrets and infringement claims against ConocoPhillips, when a Texas federal judge on Monday found that GSI may have timely sued upon learning that the Canadian government released allegedly confidential documents to the oil and gas company.

  • July 25, 2016

    BNSF Insists Key Atty Docs Might Exist In Tribe's Rail Suit

    BNSF is continuing to push a Washington tribe to turn over attorney-client communications in a suit accusing the company of shipping more crude oil across the reservation than allowed, maintaining that a key factual statement made by the tribe’s former attorney is "plausibly" based on privileged discussions.

  • July 25, 2016

    Indicted NJ Landfill Owner Ordered To Prove Enviro Costs

    A New Jersey federal judge on Monday ordered a landfill owner to turn over written proof that the company incurred about $2.2 million in costs related to the remediation of hazardous substances that it is seeking to recoup in a lawsuit against various defendants, saying such intrinsic evidence should have been provided “a long time ago.”

  • July 25, 2016

    Fed. Circ. Says PTAB Wrongly Axed Fracking Patent In IPR

    The Federal Circuit on Monday reversed the Patent Trial and Appeal Board’s inter partes review decision invalidating a fracking patent, finding that the board wrongly put the burden of proof on the patent owner, rather than the challenger, in a rare total reversal of a PTAB ruling.

  • July 25, 2016

    TerraForm Power Adopts Poison Pill As Big Buyers Circle

    Targeted for a potential big buy-in by a hedge fund and asset manager, TerraForm Power Inc. announced adoption of “poison pill” shareholder protections Monday to discourage accumulation of Class A shares in the renewable energy company.

  • July 25, 2016

    Maxim Ruling Opens FERC Up To Deeper Court Scrutiny

    A federal judge's recent ruling that the Federal Energy Regulatory Commission must go through a full court case, as opposed to merely having the judge review the agency's proceedings, to enforce a market manipulation penalty against Maxim Power Corp. could drag out the enforcement process and improve companies' chances of defeating FERC's allegations, experts say.

  • July 25, 2016

    EPA Tells 6th Circ. No More Docs Needed In Water Rule Row

    The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers on Friday urged the Sixth Circuit not to force them to turn over additional records related to their controversial Clean Water Rule.

  • July 25, 2016

    Venezuela's Oil Co. Wants $1.4B Arbitration Award Suit Nixed

    Venezuela's state-owned oil company argued Monday that there's no reason why it should have to face a Canadian mining company's Delaware suit alleging that it orchestrated certain transfers and debt offerings so Venezuela could avoid paying a $1.39 billion arbitration award.

  • July 25, 2016

    Greens Fight Exxon En Banc Bid In 5th Circ. Pollution Row

    Environmentalists on Monday told the Fifth Circuit that it is not necessary to have an en banc review of a recent decision reviving a $641 million Clean Air Act citizen suit brought against ExxonMobil over alleged emissions at the company’s Baytown, Texas, refinery.

  • July 25, 2016

    Paragon Offshore Lenders Want Privileged Settlement Docs

    Attorneys for Paragon Offshore’s secured lenders urged a Delaware bankruptcy judge Monday to compel broader releases of the company’s attorney-client communications on a settlement with a former parent company, accusing Paragon of hiding records needed to judge the fairness of its overall Chapter 11 plan.

  • July 25, 2016

    Gulf Oil, Gas Lease Sale Will Be First Streamed Online

    The federal government plans to conduct a "milestone" sale of offshore oil and gas leases next month, for the first time ever streaming the proceedings online as it offers nearly 24 million acres in the Gulf of Mexico for exploration and development, the Bureau of Ocean Energy Management said Friday.

  • July 25, 2016

    Deals Rumor Mill: Ausgrid, Total, Tesla Motors

    At least a couple of suitors vying to buy Australia's $7.5 billion power network Ausgrid have placed their bids, a number of companies have interest in Total SA's $3.3 billion specialty chemicals unit Atotech, and Tesla Motors and SolarCity are moving closer to a merger.

  • July 25, 2016

    NY's Block Of $683M Pipeline Means 2-Year Delay, FERC Told

    The operator of the planned $683 million Constitution natural gas pipeline from Pennsylvania to New York asked the Federal Energy Regulatory Commission on Friday for an additional two years to complete construction after New York regulators denied a water quality permit for the project.

  • July 25, 2016

    Nuke Site Workers Launch Class Action Over Pensions

    A group of workers at the so-called Hanford Site for nuclear materials hit the government with a proposed class action lawsuit in Federal Claims court Monday accusing the U.S. Department of Energy of costing them pension payouts and other benefits when the contract they worked under changed hands.

  • July 25, 2016

    MoFo Free From Malpractice Claims In Puda Coal IPO Suit

    Morrison & Foerster LLP escaped a malpractice suit in New York court from Macquarie Capital USA Inc. claiming that the firm failed to uncover a fraud before the investment bank's botched initial public offering for Puda Coal.

  • July 25, 2016

    Spokeo Dooms Enviros' Calif. Fracking Suit, BLM Says

    The Bureau of Land Management told a California federal judge Friday that it can't be sued over a resource management plan that outlines the lands available for oil and gas development managed by its Bakersfield, California, field office, saying the plan is too far removed from any potential concrete harms under the Supreme Court’s Spokeo decision.

  • July 25, 2016

    EPA Declares Aircraft GHG Emissions A Threat To Human Health

    The U.S. Environmental Protection Agency on Monday finalized a finding that greenhouse gas emissions from aircraft endanger human health and the environment, clearing the way for widely expected federal regulation.

Expert Analysis

  • DOJ, FTC More 'Upfront' About Divestiture Requirements

    Gregory P. Luib

    Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy is the fact that the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers, says Gregory Luib of Dechert LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Feeding The Future World: The Israel Outlook

    Meital Stavinsky

    While improvements to the global availability of and access to food are expected in the coming years, many countries will continue to struggle. A further robust collaboration between the U.S. and Israel would both help expand the innovative food and agricultural industry growth in the U.S., and may offer an answer to the looming global food crisis, says Meital Stavinsky at Greenberg Traurig LLP.

  • DOT Oil Train Rule Proposes Costly Requirements

    J. Scott Janoe

    A recently proposed rule by the U.S. Department of Transportation intends to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil and certain high-hazard flammable trains. However, the expanded requirements would likely impose substantial costs and burden on railroads and could increase the price of crude oil transport by rail, say attorneys at Baker Botts LLP.

  • Troubled Waters: Customs Increases Jones Act Enforcement

    David M. McCullough

    The recent creation of the National Jones Act Division of Enforcement is particularly significant, especially for shippers of energy commodities, because of the exacting manner in which U.S. Customs and Border Protection interprets the law and the very large penalties Customs may impose for violations, say David McCullough and Shelley Wong at Sutherland Asbill & Brennan LLP.

  • New Financial Regs Will Disrupt Offshore Oil And Gas

    R. Scott Nuzum

    The Bureau of Ocean Energy Management's new policy governing supplemental financial assurance for oil and gas infrastructure on the Outer Continental Shelf has the potential to significantly alter the U.S. offshore oil and gas industry, and could ultimately force small and independent companies to abandon OCS operations altogether, say attorneys at Van Ness Feldman LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • 'Passive Investor' Lessons From Record HSR Act Settlement

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    The record $11 million fine against ValueAct announced last week for alleged violations of the Hart-Scott-Rodino Act should remind “passive investors” of the implications of communicating with executive management of companies in which they hold voting securities, says Stephen Pepper of Greenberg Traurig LLP.

  • Are Your Drug Test Policies Placing You At Risk With OSHA?

    Marilyn Clark

    Although the Occupational Safety and Health Administration's new injury reporting rule doesn't specifically mention drug testing, OSHA commentary makes clear that such policies will now face scrutiny. Through carefully drafted policy language, employers can avoid testing in circumstances that may run afoul of the new rule while still targeting incidents that raise suspicions of drug use, say attorneys at Dorsey & Whitney LLP.

  • A Stronger India-US Relationship Is A Boon For Business

    Betere M. Gizaw

    The United States and India continue to seek ways to create deeper ties, primarily through trade, defense and clean energy initiatives — and, given larger geopolitical trends, it appears the relationship is blossoming, presenting opportunities for businesses that are engaged in overseas trade, say Betre Gizaw and Michael Taylor at King & Spalding LLP.