Carbon dioxide liability plaintiffs may attempt to rely on the Third Circuit's decision in Bell v. Cheswick Generating Station to try to revive their litigation fortunes. But such attempts still won't ring the bell as state law nuisance claims are futile, says J. Wylie Donald of McCarter & English LLP.
Relying on advances in technology that increase efficiency allowed firms during the past few years to reduce the ratio of lawyers to legal assistants from as low as 1-1 to as much as a 4-1. Now is not the time to stress about negative publicity that often results from staff layoffs. Your attention to your bottom line easily translates into an appropriate concern for your clients’ bottom lines, says Allan Colman of The Closers Group.
When is it safe to rely on the research of a junior associate? You may have seen this coming, but it is almost never entirely safe. The law is simply too riddled with dangerous twists and turns that are hard to spot. And these are not traps that can be avoided with common sense. Indeed, attorneys who follow what is normally considered the sensible path of trusting in their judgment of what is reasonable are apt to be betrayed by the law, says Andrew Jarzyna of Ulmer & Berne LLP.
Just when many thought the relevancy and importance of the Public Regulatory Policies Act of 1978 were in jeopardy, changing conditions have again given the electric industry some pause. There is a growing sense that over-reliance upon a single approach to energy procurement by utilities or other entities may not be reasonable, says Alan Seltzer of Buchanan Ingersoll & Rooney PC.
Mexico's decline in production represents an impending economic tragedy for the Mexican government, which depends on oil revenues as a major exporter of crude. To prevent this, the nation's parliamentary groups and president have proposed bills to amend the Mexican Constitution, a step in the right direction for meaningful energy reform, say Adrian Talamantes and Ken Culotta of King & Spalding LLP.
In the arbitration I just concluded, I was referred to as Mr. Arbitrator, Arbitrator Cox, Judge Cox, Former District Judge, This Court and Mr. Cox. Knowing what to call your arbitrator may not win the case for you, but it will let the arbitrator know that you respect the position he holds or once held, says Judge Joseph Cox, a partner with Bracewell & Giuliani LLP and former judge in the 160th Judicial District Court of the State of Texas.
While reliance on outside counsel will continue, only 13 percent of companies recently surveyed indicated that increasing the use of outside counsel was of high importance in addressing increases in legal demand. The trend, more notably since the economic crisis of the late 2000s, has been on rigorous management of outside counsel costs — 95 percent of survey participants said they are taking measures to reduce outside counsel spending, says Lauren Chung of HBR Consulting LLC.
The U.S. Supreme Court has agreed to hear cases related to the regulation of greenhouse gases from stationary sources, putting the scope of such regulation and the U.S. Environmental Protection Agency's authority under the prevention of significant deterioration program in question. More sources may soon have to obtain a PSD permit, an additional burden for completing a project, says Allison Smith of Stoel Rives LLP.
With its emergence in the last 12 months as one of the most promising markets, Myanmar presents significant opportunities in the power sector, and potential foreign investors need to take into account a host of factors, such as withholding tax, lender security and security of off-take, say Nathan Dodd and Ben Thompson of Mayer Brown JSM.
Recent cases prove that a split exists between Texas’ Corpus Christi and Beaumont appeals courts and their Austin and Houston sister courts regarding the “factual basis” requirement of the Texas Certificate of Merit statute governing professional services cases. A Texas Supreme Court petition denial, however, gives some authority to the Austin appeals court's stance, says Pierre Grosdidier of Haynes and Boone LLP.