• August 22, 2016

    EPA Wants Aircraft Emissions Standards Suit Tossed

    The U.S. Environmental Protection Agency on Friday asked a D.C. federal judge to toss a lawsuit seeking to force the EPA to promulgate carbon emissions standards for aircraft, saying environmentalists sued prematurely.

  • August 20, 2016

    Rainmaker Q&A: Morgan Lewis' James Dragna

    Twenty years ago, I would have said that to be a successful marketer all that was required was skill, a platform that supports your practice, and the ability to tirelessly and fearlessly look for work. These days that is no longer enough. You need to bring a broader skill set to the marketing table, says James Dragna, a partner at Morgan Lewis & Bockius LLP.

  • August 19, 2016

    $7.6M Oil Investor Settlement Wins Over Skeptical Judge

    A California judge said Friday he was ready to approve a $7.6 million settlement crafted by Pacific Coast Oil Trust and several bank underwriters to settle class claims that they misled oil trust investors, months after blasting the deal as hiding key details from the class.

  • August 19, 2016

    Investor Class Settles Exelon-Pepco Merger Contest

    Pepco Holdings Inc. and Exelon Corp. have agreed to pay more than $400,000 in attorneys' fees to settle a suit by a class of investors claiming the energy companies’ $6.8 billion merger deal undervalues their holdings, according to a June agreement filed Friday in Delaware Chancery Court.

  • August 19, 2016

    Enviros Reach $6M Deal Over W.Va. Coal Mining Cleanup

    A company that took over mines and environmental liabilities from bankrupt Patriot Coal Corp. has agreed to put $6 million toward environmental restoration efforts in exchange for extra time complying with a selenium pollution settlement, according to a consent decree filed Friday in West Virginia federal court.

  • August 19, 2016

    Okla. Judge Nixes Energy Co.'s Defenses In Pipeline Clash

    An Oklahoma federal judge on Friday struck down defenses by Enable Midstream Partners LP to a suit by a group of tribal landowners challenging the company’s continued use of a gas pipeline on their property, a day after the company lost its bid to gain right-of-way access through the landowners' property for the pipeline.

  • August 19, 2016

    Emerald Oil Gets Nod On $110M Lead Bid

    A Delaware bankruptcy judge on Thursday approved CL Energy Opportunity Fund L.P. and SSC Emerald LP’s status as the lead bidders for Emerald Oil Inc.’s assets at an auction scheduled for next month with a $110 million proposed purchase price.

  • August 19, 2016

    Ex-Voltaix Engineer Ordered To Pay $4M In Trade Secret Row

    A Texas judge ordered a Dallas-area chemical engineer who admitted to unlawfully possessing trade secrets from his former employers at New Jersey-based solar chemical manufacturer Voltaix LLC to pay $4 million in restitution, according to an announcement Friday from the U.S. Attorney’s Office.

  • August 19, 2016

    Sundevil Seeks DIP Extension As EPA Renews Sale Protest

    Power plant owner Sundevil Power Holdings LLC asked a Delaware bankruptcy judge to approve a second extension of its $45 million bankruptcy loan Friday, saying the company needs more time to secure U.S. Environmental Protection Agency and other regulator approvals and complete its Chapter 11 plan.

  • August 19, 2016

    Dakota Access Fights Tribe's Bid To Stall $3.8B Pipeline

    The developers behind the $3.8 billion Dakota Access Pipeline and the Army Corps of Engineers urged a D.C. federal court on Thursday not to block construction on the pipeline while it hears a lawsuit brought by the Standing Rock Sioux Tribe challenging approvals for the project.

  • August 19, 2016

    Taxation With Representation: Cleary, Gibson, Mayer Brown

    In this week’s Taxation With Representation, a private equity firm gets closer to its goal of creating one of the 10 biggest cable companies in the U.S., a German company cements a $660 million deal in West Virginia, and a water technology company purchases a PE-backed smart utility meter maker.

  • August 19, 2016

    PG&E Fined $26M For Bad Record-Keeping Behind Leaks

    The California Public Utilities Commission on Thursday hit Pacific Gas and Electric Co. with $25.6 million in fines for “systemic failures” in its record-keeping that allegedly led to natural gas leaks, service interruptions and a destroyed house.

  • August 19, 2016

    Ex-DOI Bigs Push To Revive Fracking Rule At 10th Circ.

    Four former U.S. Department of the Interior leaders Friday asked the Tenth Circuit to reinstate a federal rule for hydraulic fracturing on federal and Native American lands, saying a lower court's nix of the rule threatens the government’s ability to protect its lands.

  • August 19, 2016

    Calif. Pols Unveil $7.4B Transpo Package, Gas Tax Hikes

    Two California lawmakers recently unrolled a proposed $7.4 billion annual transportation package — funding sources for which will partly come from a 17 cent-per-gallon gas tax increase — a spokeswoman for one of the lawmakers confirmed with Law360 on Friday.

  • August 19, 2016

    Texas Wind Farms Owe EFH Unit $9M For Undelivered Power

    A wind farm owned by a subsidiary of NextEra Energy Inc. must pay $8.9 million to an Energy Future Holdings Corp. unit for failing to provide enough wind power, a Texas appeals court held Thursday, but it rejected EFH’s claim it should have been paid an additional $10.6 million.

  • August 19, 2016

    Goodrich Settles Dispute Over Well Royalty Payments

    Goodrich Petroleum said Thursday in Texas it has settled a lawsuit with a company over unpaid royalties stemming from the disputed ownership of an oil and gas well, as the company continues to reorganize its business through Chapter 11.

  • August 19, 2016

    Energy-Focused SPAC Stellar's IPO Hits Decreased Target

    Greek special purpose acquisition company Stellar Acquisition III Inc., which was formed to hunt for acquisitions in the international energy logistics industry, priced its initial public offering as expected Friday to raise $65 million after shrinking its target earlier this week.

  • August 19, 2016

    5 States With Gas Royalty Fights Worth Watching

    Slumping energy prices have left drillers and landowners across the country increasingly embroiled in lawsuits over royalties, and the question of who covers the costs of getting gas from the wellhead to market has emerged as a key legal battleground. Here are five states where post-production royalty disputes are being watched closely by energy attorneys.

  • August 19, 2016

    Feds Fight Exxon's Bid For Calif. Superfund Suit Dismissal

    The federal government on Thursday asked a federal court to not let Exxon Mobil Oil Corp. and Continental Heat Treating Inc. escape some responsibility for cleanup of a California site, arguing a prior settlement didn’t cover them from having to contribute.

  • August 18, 2016

    Claims Trimmed In Halliburton Trade Secrets Suit In Texas

    A Texas federal judge Wednesday tossed a claim filed by a machine supplier against private equity firm Pine Brook Road Partners LLC, which was named with Halliburton Energy Services and others in a trade secrets suit, saying it was too tenuous to assert Pine Brook was liable for the alleged trade secrets theft just because Halliburton bought a company it had invested in.

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

    Tere Blanca headshot (1).jpg

    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


    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.