• April 20, 2015

    EFH, Noteholders Clash in $431M Make-Whole Trial

    Senior bondholders took on Energy Future Holdings Corp. Monday in the latest round of their fight to recover $431 million in contested make-whole premiums, urging a Delaware bankruptcy judge to lift the automatic stay so they can undo a provision that freed the power giant from repayment penalties.

  • April 20, 2015

    Enviros Blast Gov't Reports In Ozark Drilling Suit

    Environmental groups suing to halt oil and gas drilling in the Ozark-St. Francis National Forests blasted the government’s bid for summary judgment Friday, saying that it’s trying to relitigate old issues and that a recent environmental assessment isn’t enough.

  • April 20, 2015

    Baker & McKenzie Nabs Ex-Locke Lord Insurance Pro In NY

    A former Locke Lord LLP managing partner has joined Baker & McKenzie LLP as a partner in the firm's New York office, bringing a wealth of experience in complex insurance issues, including matters relating to privacy and cybersecurity, financial institutions and the energy sector,  Baker announced Monday.

  • April 20, 2015

    Chancery Hits El Paso Unit With $171M Judgment In Deal Row

    A Delaware Chancery judge ruled Monday that a unit of El Paso Corp. was too deferential to its parent's wishes and paid $171 million too much for part of a nearly $1.9 billion liquefied natural gas pipeline deal, finding the unit liable for the overpayment.

  • April 20, 2015

    Enterprise Never Had Pipeline Pressure Rights: Ex-Employee

    Energy Transfer Partners LP has argued for two weeks in its trial against Enterprise Products Partners LP that the competitor wants to assert rights it doesn't have under a 1980 Texas pipeline contract. On Monday, a former Enterprise employee and current ETP vice president said he knows it for a fact.

  • April 20, 2015

    EPA Moves To Sink Alaska Pebble Mine FOIA Suit

    The U.S. Environmental Protection Agency asked an Alaska federal judge Friday to toss a lawsuit accusing it of withholding documents related to its decision to stop what could be one of the largest copper mines in the country.

  • April 20, 2015

    Ex-Biofuel Exec Will Plead Guilty To $100M Tax Credit Fraud

    A former biofuels executive on Monday agreed to plead guilty for his role in an Indiana-centered conspiracy to defraud investors and the government through a more than $100 million tax credit and securities fraud scam, one of the largest fraud schemes in the state’s history.

  • April 20, 2015

    Deals Rumor Mill: GE, Encana, Tesla Motors

    GE is in talks to sell its $74 billion U.S. commercial lending and leasing portfolio to Wells Fargo, while Canadian natural gas producer Encana is mulling an up to $1 billion sale of its Louisiana natural gas properties in the Haynesville Shale basin acreage.

  • April 20, 2015

    Michael Best Adds Ex-Wis. PSC Chair To Energy Practice

    The former chairman of the Wisconsin Public Service Commission has joined Michael Best & Friedrich LLP as a partner on the energy and environmental teams in Madison.

  • April 20, 2015

    GPM Looks To Separate From Fuel Supplier With $100M IPO

    GPM Investments LLC on Monday filed a prospectus detailing its plan for a $100 million initial public offering for its gasoline distribution company GPM Petroleum LP, a move that would separate the gas station owner from its fuel supplier.

  • April 20, 2015

    Enviros Sue Calif. Land Agency Over Tesoro Terminal Lease

    Two environmental groups on Friday sued the California State Lands Commission for allegedly renewing Tesoro Refining and Marketing Co.’s lease at an oil receiving facility near San Francisco bay without adequately considering the business’ impacts on the surrounding area.

  • April 20, 2015

    DLA Piper Nabs 2 Energy Specialists from K&L Gates

    DLA Piper announced Monday that it has bolstered its corporate practice by hiring two former K&L Gates partners specializing in energy-related matters as partners in its Houston office.

  • April 20, 2015

    2nd Circ. Urged To Look Past Donziger In $9.5B Chevron Case

    A Manhattan federal judge erred in barring Ecuadoreans from attempting to enforce a $9.5 billion pollution judgment from their home country against Chevron Corp. in New York, mistakenly punishing them for their attorney's misconduct, the Second Circuit heard Monday in a closely watched and many-threaded appeal.

  • April 20, 2015

    Tenn. Blasts Remand Bid In Diesel Tax Feud With Railroads

    The Tennessee Department of Revenue on Friday urged the Sixth Circuit to rule promptly on its appeal in defense of a state sales tax on diesel fuel purchased by railroads, arguing that remand to sort out a recent U.S. Supreme Court decision’s impact on the case is unnecessary.

  • April 20, 2015

    Enviro Groups Call DOT's Oil Train Speed Limit 'Toothless'

    Environmental groups say that the U.S. Department of Transportation's recently proposed rules addressing some issues with trains carrying large volumes of crude oil don't go far enough to protect people and the environment.

  • April 20, 2015

    Revel Ch. 11 Judge OKs Power Plant Lease Termination

    The judge presiding over the Revel Casino Hotel’s bankruptcy cleared the way Monday for lawyers to offer a liquidation plan, granting requests to terminate leases of former business partners and weakening the Revel power supplier’s claim for priority repayment rights.

  • April 20, 2015

    Ariz. Tribe Seeks To Block Uranium Mining During Appeal

    The Havasupai Tribe on Friday asked an Arizona federal judge to block any progress on a uranium mining project near the Grand Canyon while the Ninth Circuit considers its appeal of a ruling that allows the mine to go ahead.

  • April 20, 2015

    Suit Over SoCal Nuke Plant Charges Gets Tossed

    A California federal judge has tossed a proposed class action, saying that the constitutionality of a California Public Utilities Commission decision to include charges for a nuclear power plant's defective steam generators in utility bills should be decided by the state courts.

  • April 20, 2015

    Ernst & Young Seeks Exit From Suit Over OSG's Tax Errors

    Ernst & Young LLP asked a New York federal judge Friday to dismiss claims brought by investors in an oil tanker company concerning losses allegedly caused by the concealment of federal income tax liabilities, saying there is no evidence it audited the company’s books for the relevant years.

  • April 20, 2015

    Biomass Co. Enviva Sets Terms On $210M IPO To Fuel Growth

    Enviva Partners LP, a private equity-backed supplier of power generation wood pellets, set terms on an initial public offering on Monday that could raise $210 million to help fuel expansion, as more energy producers demand coal substitutes.

Expert Analysis

  • How To Prepare A Successful L-1 Visa Petition

    Amanda Franklin

    For a long time, the L-1 Intracompany Transferee visa category was fertile ground for multinational companies who needed to efficiently transfer executives, managers and specialized knowledge workers to their U.S. operations. The current L-1 landscape looks a bit like scorched earth, says Amanda Franklin of Moore & Van Allen PLLC.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • Understanding Mozambique’s New Oil And Gas Regime

    Paulo Rage

    Mozambique recently enacted a new hydrocarbons law, which aims to provide legal stability for international investors seeking to develop the country’s recently proven reserves of 200 trillion cubic feet of natural gas. Mayer Brown LLP’s Paulo Rage outlines the new law and the country’s hydrocarbons tax law, which together determine the general rules for all oil and gas operations.

  • 2015 Begins With A Drop In FCPA Enforcement Activity

    Marc Bohn

    The pace of enforcement under the U.S. Foreign Corrupt Practices Act has slowed considerably in 2015, with just three resolved enforcement actions during the year’s first quarter — all brought by the U.S. Securities and Exchange Commission — which represents the lowest level of enforcement to begin a year since 2006, say Marc Bohn and Austen Walsh of Miller & Chevalier Chtd.

  • Tips For Guiding Your Client Through The Mediation Process

    Raphael Lapin

    With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.

  • This Week In Congress: Cybersecurity, Iran, Veto Override?

    Richard Hertling

    The president’s veto of S.J. Res. 8 is the second veto issued this year, and only the fourth of his presidency. We may see a sharp increase in veto activity under this Republican-led Congress, as the president has issued veto threats for 17 other legislative proposals working their way through the House and Senate, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • REBUTTAL: Donziger’s Lies Cannot Excuse His Fraud

    Stephen W. Green

    Steven Donziger’s recent “op-ed” in this publication is his latest deception — repeating on the eve of appeal the lies he has told a thousand times before. Far from a never-before-detailed account, his article is nothing more than a recycling of discredited misrepresentations and outright falsehoods, says Stephen Green, vice president for policy, government and public affairs, Chevron Corp.

  • Shared Common Facilities In LNG Projects

    Kathryn Marietta

    While liquefied natural gas project structure varies significantly, there are commonalities to projects that contemplate ownership of, or interest in, one or more LNG trains being disproportionate across a project. This variation in ownership or interest may arise at the time of project inception or be the result of project expansion, says Kathryn Marietta of King & Spalding LLP.

  • Lessons From The Schlumberger Settlement

    Ed Krauland

    The case against Schlumberger Oilfield Holdings Ltd. is particularly noteworthy in that it is a non-U.S. company whose non-U.S. subsidiary was charged with criminal conspiracy to violate U.S. sanctions laws based on the conduct of employees — many of whom were non-U.S. citizens — of another business unit located in the United States, say attorneys with Steptoe & Johnson LLP.

  • Moving On Up The Value Chain: Here Is What Legal Can Do

    Lance Ellisor

    At a time of increasing litigation costs and rising claims, legal departments are facing pressures to lower overall legal spending and evolve from a company cost center into a strategic business partner. As a result, smart legal departments are increasingly focusing on brand management, predictive decision-making and commercial acceleration, says Lance Ellisor of Mitratech Holdings Inc.