Energy

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is now winning over converts — and pressing their rivals to join the bandwagon.

  • December 11, 2017

    Chancery Tosses NRG Reclassification Suit On MFW Grounds

    A Delaware Chancery judge on Monday threw out a shareholder lawsuit challenging power generating giant NRG Energy Inc.'s stock reclassification of its yieldco, ruling that the standards under the MFW precedent that can protect controlling-party takeovers from stockholder claims were met, and can also extend to reclassification transactions.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    EFH Judge Won't Halt Axing Of $275M NextEra Breakup Fee

    The Delaware bankruptcy judge presiding over the massive Energy Future Holdings Corp. case rejected Monday a bid by would-be buyer NextEra Inc. to halt his decision not to award a $275 million breakup fee during an appeal process, saying that such a move would be “premature.”

  • December 11, 2017

    Power Co. Not Owed Defense Of $35M Fraud Suit, Insurer Says

    Zurich American Insurance Co. on Friday urged a Maine federal judge to hold that it doesn't have to defend electricity supplier Electricity Maine LLC in a proposed class action alleging the company overbilled customers by about $35 million, contending that the underlying complaint doesn't allege any potentially covered claims.

  • December 11, 2017

    EnCap Pours $300M Into New Texas Mineral, Royalty Co.

    Fort Worth, Texas-based mineral and royalty company Pegasus Resources LLC on Monday announced its formation alongside a $300 million equity commitment from private equity firm EnCap Investments LP.

  • December 11, 2017

    Enviros Sue Chem Safety Board Over Accident Report Rules

    Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.

  • December 11, 2017

    High Court Won’t Hear DTE Energy Emissions Case Appeal

    The Supreme Court on Monday declined to take DTE Energy Co.’s appeal of a Sixth Circuit decision that allowed suits brought by the government and an environmental group accusing the company of improperly modifying a major coal-fired power plant to proceed.

  • December 11, 2017

    Pa. Appeals Court Kills Bid To Revive EQT Royalty Claims

    A Pennsylvania appeals court on Friday shot down efforts by a pair of landowners to revive claims that they were denied the full value of royalty payments they say they're owed under a contract allowing an EQT Corp. unit to drill for natural gas below their property.

  • December 11, 2017

    Texas Ex-Atty Should Pay $13.7M To Mexican Agency: Feds

    Federal prosecutors asked a Texas federal judge on Friday to force a former lawyer to repay $13.7 million to a Mexican agency after he was involved in a scheme to divert $32 million from a Mexico utility project, saying much of the rest of the damages claimed actually couldn't be resolved within this case.

  • December 11, 2017

    FERC Nixes PJM Rate Plan After DC Circ. Rejects Changes

    The Federal Energy Regulatory Commission on Friday threw out an electric rate scheme proposed by PJM Interconnection that it called unjust and unreasonable, five months after the D.C. Circuit said FERC overstepped its authority when it made changes to PJM's proposal.

  • December 11, 2017

    Exxon Seeks Quick Win Over $337M Refund In IRS Tax Spat

    Exxon Mobil Corp. on Friday asked a Texas federal court to grant it a partial victory in its battle with the IRS over $1.35 billion in taxes, saying the government wrongly denied it $337 million in refunds over its handling of a federal subsidy for blending alcohol with gasoline.

  • December 11, 2017

    DC Circ. Urged To Affirm FERC Has No Pro-Pipeline Bias

    The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.

  • December 11, 2017

    Supreme Court Denies Petition Challenging Tax On Stored Gas

    The U.S. Supreme Court on Monday denied ETC Marketing Ltd.’s petition for certiorari, which sought review of a Texas Supreme Court decision that upheld an ad valorem tax on natural gas inventory stored in the state.

  • December 11, 2017

    Investors Can't Revive Baker Botts Subpoena In Yukos Suit

    A Washington, D.C., federal judge refused Saturday to reconsider Yukos Oil Co. shareholders’ request to subpoena a Baker Botts partner as part of efforts to revive a $50 billion arbitration award against Russia, spurning the shareholders’ efforts at “rehashing already rejected or unpursued arguments.”

  • December 11, 2017

    Private Equity Powered Energy M&A In 2017

    Energy dealmaking in 2017 saw private equity firms continue to shower the oil and gas industry with cash, while a pair of power sector megadeals highlighted the hazy future facing independent power producers. Here are five mergers and acquisitions trends that stood out to energy attorneys this year.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • FERC Enforcement Report Shows Good Compliance Is Key

    J. Daniel Skees

    Last month the Federal Energy Regulatory Commission's Office of Enforcement issued its 2017 Report on Enforcement. Based on the report, entities engaged in FERC-jurisdictional markets in 2018 would do well to either refresh stale compliance programs or implement new ones before engaging in market activity that the commission monitors and investigates, say attorneys with Morgan Lewis & Bockius LLP.

  • A Look Back At 2017's Enviro And Energy Law Developments

    Stacey Mitchell

    2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • EPA Maintains Renewable Fuel Standard Status Quo, For Now

    Joel Beauvais

    The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • What We Learned From Barclays Market Manipulation Case

    Michael Brooks

    Barclays’ recent settlement with the Federal Energy Regulatory Commission resolving market manipulation allegations provides no new guidance as to the reach of FERC’s anti-manipulation rule. However, the case has established precedent regarding certain procedural questions, say attorneys with Bracewell LLP.

  • What To Know Before Going Into Arbitration

    Carl Jenkins

    While the advantages of arbitration are well known, they can become disadvantages for the unwary. Carl Jenkins and A. Scott Davidson of Duff and Phelps Corp. offer suggestions from their experiences as arbitrators, arbitration panel members, expert witnesses and consultants.

  • The Johnson Conviction And Fallout For Forex Market

    Paul Hinton

    The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.