• August 22, 2017

    Dakota Access Owner Accuses Greenpeace Of 'Eco-Terrorism'

    The company behind the Dakota Access pipeline hit Greenpeace and a roster of other environmental groups with a racketeering suit in North Dakota federal court on Tuesday, claiming the project was targeted by “eco-terrorism” that ultimately interfered with the pipeline’s construction and cost the company hundreds of millions of dollars in damages from lost investors and reputational ruin.

  • August 22, 2017

    Utility Says FERC Can't Halve Recoupment Of $31M Outlay

    The San Diego Gas & Electric Co. on Monday told the D.C. Circuit that it is entitled to recoup all — not half — of the $31 million it spent on a transmission project if it is abandoned for reasons outside the utility’s control, asking the court to toss a conflicting Federal Energy Regulatory Commission order.

  • August 22, 2017

    Treasury, DOJ Rebuke North Korea-Affiliated Cos.

    The Department of the Treasury announced Tuesday that it would sanction Chinese and Russian companies supporting North Korean trade in a move condemned by Chinese officials, while the Department of Justice simultaneously accused two companies of laundering U.S. dollars to aid North Korea.

  • August 22, 2017

    5th Circ. Puts EPA Power Plant Effluent Rule Fights On Hold

    The Fifth Circuit on Tuesday granted the U.S. Environmental Protection Agency's request to delay industry challenges to portions of an Obama-era rule limiting toxic metal levels in wastewater discharged from steam-powered electricity plants while the agency revises them, a move opposed by environmental groups.

  • August 22, 2017

    FERC Denies Bid For Stay On Northeast Pipeline Facilities

    The Federal Energy Regulation Commission on Monday denied various requests to yank its order allowing the developers of the Atlantic Bridge pipeline project to build pipeline and compression facilities in New York and New England, saying it fully considered its staffs’ environmental assessment of the project.

  • August 22, 2017

    Deals Rumor Mill: Gates Global, Vectren, Eletrobras

    A private equity-owned manufacturer of industrial machinery could be valued at $7 billion in an IPO, an Indiana-based energy provider worth almost $5.5 billion may be for sale, and a $3.8 billion stake in Brazilian state-controlled utility Eletrobras could be up for grabs.

  • August 22, 2017

    UK Court Clears Sale Of Citgo Parent's Oil In Transport Row

    A U.K. Commercial Court judge has ordered the sale of about 50,000 metric tons of crude oil owned by Citgo Petroleum Corp.’s Venezuelan state-run parent company after the oil giant allegedly failed to pay $7.7 million in shipping fees to a Russian tanker.

  • August 22, 2017

    Cairn Bolsters India Arbitration With $249M Tax Refund Claim

    Cairn Energy PLC has bolstered its ongoing arbitration against India with additional claims for $249 million in tax refunds for the year 2011 to 2012, according to an investor report released Tuesday, the latest development in a tax fight stemming from the reorganization of a Cairn unit.

  • August 22, 2017

    Chevron Wants OT Claim Arbitrated In Trade Secrets Row

    Chevron USA Inc. on Monday asked a Texas federal judge to force the ex-contractor it has accused of stealing more than 8,000 private documents to take his unpaid overtime counterclaim out of court, saying the alleged Fair Labor Standards Act violation is clearly subject to arbitration.

  • August 22, 2017

    Ex-Statoil Exec Can't Use Likely Stolen Tech, Judge Says

    The evidence against a former Statoil unit’s chief technology officer is “overwhelming,” a Texas federal judge said in a Monday order forbidding him from using information and technology he is accused of stealing to help his own business venture or secure a patent prior to trial.

  • August 22, 2017

    DC Circ. Says FERC Botched Review Of $3.5B Fla. Pipeline

    A divided D.C. Circuit panel said Tuesday that the Federal Energy Regulatory Commission failed to adequately analyze the greenhouse gas emissions impacts of a $3.5 billion natural gas pipeline to Florida it approved and ordered the agency to redo its environmental review of the project.

  • August 21, 2017

    2nd Circ. Ruling Encourages State-Level Pipeline Fights

    The Second Circuit’s recent ruling backing New York state’s denial of a water quality permit for a natural gas pipeline previously approved by the Federal Energy Regulatory Commission affirmed the ability of states to have a say in whether projects go forward and will embolden pipeline opponents to pursue challenges at both state and federal levels, experts say.

  • August 21, 2017

    Why Midsize Firms Run The Gamut On Diversity

    Midsize firms on average are the least racially and ethnically diverse, but the level of diversity also varies widely among firms in this group, according to the latest Diversity Snapshot. Here’s a look at how a few of these firms are faring.

  • August 21, 2017

    Law Firms Head Back To School For Diversity Guidance

    A handful of law firms have agreed to put themselves under the lens of academia in an effort to root out structural inequalities and implicit bias. Here’s a look at what they’re finding.

  • August 21, 2017

    GCs Find New Urgency In Longtime Push For Diversity

    In-house attorneys are intensifying long-standing efforts to diversify their outside counsel, and they’re looking to create a critical mass of law department leaders that will bring about meaningful change.

  • August 21, 2017

    Spain Contests Court's OK Of €128M Award To Solar Cos.

    The government of Spain on Friday doubled down on its bid for a New York federal judge to toss his order confirming a €128 million ($151 million) arbitral award issued to two foreign companies, which they won from a World Bank tribunal following a dispute with the country over renewable energy subsidies.

  • August 21, 2017

    CIT Largely Backs Duty On Chinese Solar Cells

    The Court of International Trade on Friday largely upheld the Department of Commerce’s determinations in the agency's second administrative review of countervailing duties on imported solar cells, despite challenges from both U.S. and Chinese companies that questioned the agency’s calculations.

  • August 21, 2017

    ND Tells DC Circ. It Wants In On EPA Drilling Waste Suit

    North Dakota told the D.C. Circuit on Friday that it had every right to intervene in a case between environmental groups and the U.S. Environmental Protection Agency that established a schedule for the review of oil and gas drilling waste disposal rules.

  • August 21, 2017

    Freshfields Guides Total In $7.5B Maersk Oil Buy

    France’s Total SA, led by Freshfields Bruckhaus Deringer LLP, unveiled a $7.45 billion acquisition, including debt, of A.P. Moller-Maersk Group’s exploration and production company Maersk Oil & Gas AS on Monday in a bid to bolster operations in the North Sea and other regions.

  • August 21, 2017

    DOE, Contractor Settle After Confidential Info Disclosure

    UT-Battelle LLC, which manages and operates the Department of Energy’s science- and energy-focused Oak Ridge National Laboratory, agreed to pay $120,000 after classified information contained in presentations was disclosed to uncleared students over a five-year period, according to the DOE’s Office of Enforcement.

Expert Analysis

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Challenging An Escheat Audit? Be Sure The Claim Is Ripe

    Anthony Cavender

    Many companies have questioned the constitutionality of Delaware’s escheat regime. But recently the Third Circuit largely affirmed the dismissal of a pipeline firm's complaint that a proposed escheat audit was unconstitutional. When such an audit is challenged before it takes place, precedent suggests that the claim is unripe, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • Time To Lift The Ban On Foreign Control Of US Reactors

    John Matthews

    An outdated legal restriction prohibits foreign ownership or control of U.S. commercial nuclear reactor licenses. Foreign companies nonetheless invest in U.S. reactors, but must partner with U.S. firms, which distorts the marketplace. Properly vetted foreign companies owning U.S. reactor licenses would promote the country's economic interests without endangering security, says John Matthews of Morgan Lewis & Bockius LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • 'Nonbinding' Still Means 'Nonbinding' In Texas

    Roxanne Almaraz

    Last month, a Texas court reversed a $535 million jury verdict against Enterprise Products Partners LP, leaving Energy Transfer Partners LP empty-handed, and holding that no binding partnership had been inadvertently formed between the companies. Contract lawyers and many would-be midstream joint venturers are breathing a collective sigh of relief, say Roxanne Almaraz and Alyssa Ladd of King & Spalding LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A Closer Look At EPA's Approach To CPP Rollback

    Paul Tanaka

    While the U.S. Environmental Protection Agency has taken steps toward withdrawing the Clean Power Plan, the question remains whether and how the EPA will regulate carbon dioxide emissions from power plants in its place. Attorneys with Kirkland & Ellis LLP discuss various options and their potential impact.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.