• April 24, 2017

    FirstEnergy Slams 'Audacious Attempt' To Revive $2M Suit

    FirstEnergy Corp. on Friday slammed Duke Energy's efforts to pierce the corporate veil and hold FirstEnergy's predecessor accountable for $1.8 million in cleanup costs at two polluted Florida sites, calling it an “audacious attempt” to shift liability.

  • April 24, 2017

    Venezuela Will Go To DC Circ. To Fight $1.4B Award

    The Venezuelan government is taking its effort to torpedo a $1.4 billion arbitral award issued to Canadian mining company Crystallex International Corp. to the D.C. Circuit Court, according to a notice of appeal filed Friday.

  • April 24, 2017

    DOJ, Radioactive Waste Firms Spar Over $367M Merger Risks

    Dueling pictures emerged Monday of a West Texas radioactive waste site caught up in an antitrust trial in Delaware, with the U.S. Department of Justice calling the site ground zero in a $367 million market-control grab, and merger parties describing it as an otherwise doomed money pit.

  • April 24, 2017

    Pa. Appeals Court Won't Upend Drill Rights In Family Drama

    A Pennsylvania appeals court issued a published decision on Friday rejecting arguments that a decades-old deed reserving oil and gas rights for a Pittsburgh-area man’s wife was invalid because she was an effective stranger to the transaction.

  • April 24, 2017

    Solar Co. Verengo Gets OK On Ch. 11 Plan, Sale To Creditors

    A Delaware bankruptcy judge gave rooftop solar company Verengo Inc. the nod Monday for its Chapter 11 plan that implements a sale to a joint venture of Angeleno Group LLC and ClearSky Power & Technology Fund, both major creditors in the case.

  • April 24, 2017

    Shell, Ralph Lauren, Ruth's Beat Del. Suit Over Gift Cards

    A Delaware state judge on Friday threw out the state’s accusations that Shell Oil Co., Ralph Lauren and Ruth’s Hospitality were trying to keep unclaimed gift card balances, finding the state had already brought identical claims against each company in administrative proceedings.

  • April 24, 2017

    PE Firm Accuses Power Co. Of Reneging On Investment Deal

    A Connecticut-based private equity shop specializing in energy investments sued an energy company and its affiliates in New York court Monday, claiming they breached their obligations to pay a cash fee and hand over equity as part of a power plant acquisition.

  • April 24, 2017

    $4.6M Deal Inked Over Feds' Nuclear Waste Plant FCA Claims

    The U.S. Department of Justice announced Monday that a Georgia-based subcontractor has agreed to pay $4.6 million to settle False Claims Act allegations that it ducked quality assurance requirements and supplied defective steel reinforcing bars during the construction of a U.S. Department of Energy nuclear waste treatment facility.

  • April 24, 2017

    Adams Resources Subsidiary Hits Ch. 11 With Sale Plans

    A subsidiary of Adams Resources & Energy Inc. hit Chapter 11 on Friday in Delaware bankruptcy court with a plan to auction its assets after several years of depressed oil prices caught up with the exploration firm’s bottom line and created a liquidity shortage for the company.

  • April 24, 2017

    5th Circ. Agrees To Delay Power Plant Effluent Rule Challenge

    The Fifth Circuit on Monday granted the U.S. Environmental Protection Agency's request to hold in abeyance for four months a challenge to an Obama-era rule that set limits on how much toxic metal can be discharged in wastewater from power plants, despite environmental groups warning the public is harmed the longer a decision on the rule’s merits is delayed.

  • April 24, 2017

    3rd Circ. Urged To Decide Permit Fight Before Pipeline Buried

    Environmental advocates Monday kept pressing the Third Circuit to speed up their challenge to a Clean Water Act permit the U.S. Army Corps of Engineers issued for a Kinder Morgan unit's pipeline project, arguing the court can still decide the matter before the pipe is buried.

  • April 24, 2017

    5 Cos. Launch IPOs Surpassing $1.8B As Deals Accelerate

    Five companies, including two energy issuers, two biotech firms and a California real estate developer, launched initial public offerings estimated to exceed $1.8 billion on Monday, building on a steady momentum of deals that has jump-started second-quarter IPO activity.

  • April 24, 2017

    5th Circ. Backs Dismissal Of ATP Investor Suit

    The Fifth Circuit on Friday upheld the dismissal of a shareholder suit accusing executives of now-bankrupt ATP Oil & Gas Corp. of giving misleading information about its financial health and boardroom turmoil, saying there's no evidence the company intended to deceive investors.

  • April 24, 2017

    States, Enviros Oppose EPA Bid To Pause Mercury Rule Case

    Environmentalists and a group of largely Democratic state and local governments asked the D.C. Circuit on Friday to deny the U.S. Environmental Protection Agency’s request to delay oral arguments in a case focused on regulations limiting mercury and other toxic emissions from coal-fired power plants.

  • April 24, 2017

    EPA Renewable Fuel Requirements Are Too Lax, DC Circ. Told

    Environmental and biofuel industry groups attacked an Environmental Protection Agency rule Monday that they claim slashes renewable fuel requirements far below congressional targets, telling a D.C. Circuit panel that there was “vastly more than enough” renewable fuel supplies to meet those goals.

  • April 24, 2017

    Chamber Tells 2nd Circ. Law Firm Should Keep Docs Private

    The U.S. Chamber of Commerce backed Cravath Swaine & Moore LLP in a documents dispute Friday, telling the Second Circuit that requiring the law firm to hand over Royal Dutch Shell material for a planned environmental and human rights lawsuit abroad will "chill" attorney-client communication.

  • April 24, 2017

    Austrian Oil & Gas Co. OMV Lobs Arbitral Claim At Romania

    Austrian oil and gas company OMV AG has filed a multimillion-dollar claim against Romania at the International Court of Arbitration for the country’s alleged failure to reimburse OMV for various environmental and well-decommissioning costs as promised under a 2004 privatization agreement.

  • April 24, 2017

    Malaysian Fund To Pay IPIC $1B In Settlement Amid Scandal

    Malaysia’s state-owned investment fund said Monday it will pay $1.2 billion to settle an arbitration case brought by a United Arab Emirates sovereign wealth fund after allegedly failing to make debt payments to the Emirati entity and — according to investigators in multiple countries — laundering the money into the pockets of Malaysia’s prime minister and his associates.

  • April 24, 2017

    EPA Pushes DC Circ. To Pause Methane Rule Rows

    The U.S. Environmental Protection Agency continued Friday to press the D.C. Circuit to pause consolidated challenges to its methane rule for new oil and gas infrastructure and other previous emissions rules for the sector, arguing that the agency's review of the latest rule under an executive order by President Donald Trump could impact the disputes.

  • April 24, 2017

    Enviros Can’t Sink Oil Project In Fla. National Preserve

    A Florida federal judge on Monday upheld the National Park Service's decision to allow a Texas-based oil company to explore for oil and gas in the Big Cypress National Preserve in South Florida, rejecting environmentalists' arguments that the agency didn't adequately evaluate the environmental impacts.

Expert Analysis

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • More EPA Financial Responsibility Rules On The Way

    Wray Blattner

    The U.S. Environmental Protection Agency recently proposed a rule regarding financial responsibility requirements for the hardrock mining industry. The particulars on how it determined this formula may be a precursor for methods used in other upcoming industry regulations, say attorneys with Thompson Hine LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.