• September 23, 2016

    States, Industry Urge 10th Circ. To Uphold Frack Rule Ban

    Four states, the U.S. Chamber of Commerce, and several other oil and gas industry groups on Friday told the Tenth Circuit it should not disturb a lower court ruling setting aside a federal rule for hydraulic fracturing on federal and Native American lands.

  • September 23, 2016

    Solar Panel Co. With $32M In Debt Hits Ch. 11

    California solar panel company Verengo Inc. hit Chapter 11 on Friday after its business footprint began to shrink and its liquidity position deteriorated to the point where it couldn’t make payments on its $32 million in liabilities.

  • September 23, 2016

    PennEast Makes Route Changes To Controversial Gas Pipeline

    PennEast Pipeline Co. LLC announced seven changes to the route of its proposed $1.6 billion natural gas pipeline through Pennsylvania and New Jersey on Friday, saying that the alterations were made in an effort to protect the environment, but environmental groups disagreed.

  • September 23, 2016

    Texas High Court Takes Contractor's Exxon Drug Testing Row

    The Texas Supreme Court on Friday granted a request from ExxonMobil Corp. for review in a case brought by a contract worker who argues the oil and gas giant is responsible for what he says was the mishandling of a drug test by a third company.

  • September 23, 2016

    Former Encana Exec Joins Squire Patton Boggs

    Squire Patton Boggs LLP announced that it has nabbed an energy and environmental policy specialist from Encana Oil & Gas USA Inc., where he previously worked as its U.S. government and regulatory affairs director, and that he will join the firm in its Denver and Washington, D.C., offices.

  • September 23, 2016

    Energy Co. Director Says His Cohorts Belong In Fraud Suit

    The co-founder of bankrupt American Standard Energy Corp. urged a judge Thursday to refuse to let other former directors and officers dodge his attempt to bring them into a suit accusing him and another ex-officer of selling property they didn’t own, an alleged scheme that harmed the company’s creditors and jeopardized a sale of the debtor's assets.

  • September 23, 2016

    Fed Proposal Would Limit Banks' Commodity Business

    The Federal Reserve Board wants the public’s opinion on a proposed rule governing requirements and limitations on the physical commodity activities of financial holding companies, one that aims to reduce the various legal, reputational and financial risks these activities pose to such companies, the board said Friday.

  • September 23, 2016

    Shell To Pay $20M For False Calif. Oil Cleanup Claims

    Shell Oil Co. has agreed to pay $20 million to settle claims by California's water quality regulator and a whistleblower that the company had billed a state fund for cleanup work already covered by insurance proceeds, the agency said on Friday.

  • September 23, 2016

    Pillsbury Nabs Bankruptcy Pro From McKool Smith

    A former McKool Smith PC principal who specializes in bankruptcy litigation involving companies in the oil and gas industries, and co-founded McKool Smith’s bankruptcy practice, has joined the Houston office of Pillsbury Winthrop Shaw Pittman LLP as a partner.

  • September 23, 2016

    Trump Trumpets Rollback Of Energy Development Regulations

    Republican presidential nominee Donald Trump on Thursday doubled down on his full-throated support of fossil fuel development and use, telling a Pennsylvania shale conference that if elected, he would remove federal regulatory barriers to increased coal, oil and gas production and fast-track energy infrastructure projects.

  • September 23, 2016

    Civil Rights Watchdog Blasts EPA Over Environmental Justice

    The U.S. Commission on Civil Rights said Friday the U.S. Environmental Protection Agency has failed to carry out effectively its environmental justice objectives, leaving poor, minority communities that are surrounded by industrial and waste facilities at greater risk of health problems and without administrative recourse.

  • September 23, 2016

    Another Akin Gump Arbitration Pro Joins Winston In London

    Winston & Strawn LLP has hired its second international arbitration attorney from Akin Gump Strauss Hauer & Feld LLP’s Geneva office in less than a month, saying Thursday that a partner with a decade of experience with energy and infrastructure disputes has joined its London office.

  • September 23, 2016

    Sierra Club Claims EPA Ignored Coal Plant Permit Challenge

    The Sierra Club blasted the U.S. Environmental Protection Agency in D.C. federal court on Thursday for ignoring its petition asking the agency to object to an operating permit issued to a Berkshire Hathaway Energy subsidiary for a coal-fired plant in Utah.

  • September 23, 2016

    Deepwater Appeal Still Has Life, BP Tells 5th Circ.

    BP Exploration & Production Inc. urged the Fifth Circuit to keep alive the company's appeal of the liability finding in the Deepwater Horizon litigation, saying Wednesday its settlement with the federal government doesn't warrant tossing its appeal over general maritime law claims brought by private plaintiffs and local governments.

  • September 23, 2016

    EPA Announces $5.5 Million Deal For Superfund Site Cleanup

    The U.S. Environmental Protection Agency announced on Friday that it has inked a settlement with more than 170 entities to clean up contaminated areas surrounding a North Carolina Superfund site for $5.5 million.

  • September 23, 2016

    Brookfield-Led Group Inks $5.2B Deal For Petrobras Asset

    A consortium of investors led by Brookfield Infrastructure will shell out $5.2 billion for a majority stake in a system of natural gas transmission assets in the southeast of Brazil from Petrobras, according to a Friday statement.

  • September 22, 2016

    100 Countries Urge Quick Start To HFC Phaseout

    More than 100 countries have called for a new agreement that would quickly begin the phaseout of hydrofluorocarbons as part of the lead-up to an international conference next month addressing the protection of the Earth’s ozone layer, the White House said Thursday.

  • September 22, 2016

    House Backs TCPA Revamp To Clear Way For Legit Robocalls

    Members of a House subcommittee on Thursday threw their support behind updating the Telephone Consumer Protection Act to make it easier for businesses to place legitimate telemarketing calls without getting sued, leading witnesses from the telecom, health care and energy sectors to offer their suggestions on how to clarify the decades-old statute. 

  • September 22, 2016

    Ex-Cuomo Aides, Execs Charged In Corruption Dragnet

    Federal and state prosecutors accused two former aides to New York Gov. Andrew Cuomo, another state official and executives from energy and development companies of a slew of corruption charges Thursday, over claims of bribery connected to the award of hundreds of millions of dollars in state contracts.

  • September 22, 2016

    FERC Ignored Climate With Fla. Pipeline OK, Suit Says

    The Sierra Club and other groups on Thursday accused the Federal Energy Regulatory Commission of wrongfully ignoring the effects of climate change when approving the $3.5 billion Southeast Market Pipeline project, announcing a lawsuit in the D.C. Circuit against the regulator.

Expert Analysis

  • 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.

  • Export Penalty Guidance: A View From The Inside

    Kim Carlson

    On July 22, a final rule on export penalty guidance from the Bureau of Industry and Security became effective. Kim Carlson of Gardere Wynne Sewell LLP sat down to discuss the implications with Troy Shaffer, a senior global trade adviser with the firm’s international trade group and retired special agent of the BIS Office of Export Enforcement.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • The ETE-Williams Dispute Through A Tax Lens

    Peter J. Connors

    The covenant in the merger agreement between Energy Transfer Equity and the Williams Companies requiring a tax opinion from Latham & Watkins LLP specifically is common in such agreements. Peter Connors and Jason Halper of Orrick Herrington & Sutcliffe LLP take a close look at why Latham decided not to write the opinion, and why Delaware Vice Chancellor Sam Glasscock decided that Latham acted in good faith.

  • Energy Finance Attys Are Shifting Focus In Tough Times

    Kraig Grahmann

    In the boom years of 2011 through 2014, energy lenders were directing their attorneys to “loosen up” credit agreements. Today’s distressed environment has seen lenders and their attorneys turn 180 degrees to shift their focus to a range of new issues, say Kraig Grahmann and Buddy Clark of Haynes and Boone LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ. Win

    William E. Thomson

    The Second Circuit’s unanimous decision in Chevron v. Donziger is an important victory for the rule of law and should serve as a powerful warning to U.S. lawyers who are tempted to leave their ethics at the border when seeking to recover huge transnational judgments against U.S. corporations, say attorneys at Gibson Dunn & Crutcher LLP.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • What To Know About New White House GHG Guidance

    Elizabeth A. Lake

    The White House Council on Environmental Quality's final guidance created to help agencies consider greenhouse gas and climate change impacts in National Environmental Policy Act reviews provides some clarity regarding the overall approach to the process, but it also leaves fundamental questions for individual agencies to answer, say attorneys at Holland & Knight LLP.

  • Beware The 'Standard' Mediation Confidentiality Agreement

    Jeff Kichaven

    There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.