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Energy

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Pa. Engineering Co. Allowed To Pursue Trade Secret Clams

    A Pennsylvania federal judge on Friday kept alive PDC Machines Inc.’s claims accusing a former project manager and the European company that now employs him of misusing trade secrets related to compressors to develop a competing product that threatens to undercut PDC's ability to market its technology.

  • June 15, 2018

    Climate Split Persists As FERC Upholds $3.5B Pipeline OK

    A divided Federal Energy Regulatory Commission said on Friday that it would not reconsider its approval of Mountain Valley Pipeline LLC's controversial $3.5 billion natural gas pipeline, with the five commissioners once again split along partisan lines over the agency's obligations to consider the climate change impacts of pipeline projects.

  • June 15, 2018

    DC Circ. Won’t Let Energy Cos. Recoup Cold Weather Losses

    The D.C. Circuit on Friday sided against Duke Energy Corp. and Old Dominion Electric Coop., deciding in two cases that the Federal Energy Regulatory Commission did not improperly block their efforts to recoup millions in losses suffered during the 2014 polar vortex.

  • June 15, 2018

    Tribal, Green Groups Sue DOI To Force Plan For Mine Closure

    The SIerra Club and three groups including Navajo and Hopi tribe members asked an Arizona federal court Thursday to order the U.S. Department of the Interior to figure out how to clean up a coal mine that feeds the Navajo Generating Station, saying it violated federal law by failing to do so in anticipation of the plant’s closure late next year.

  • June 15, 2018

    Deals Rumor Mill: DWF, LyondellBasell, Qualcomm

    Manchester-based law firm DWF is gearing up for a potential £1 billion IPO, LyondellBasell Industries is in exclusive talks to buy a controlling stake in Brazil-based petrochemicals business Braskem, and reports of Chinese approval for Qualcomm's $44 billion proposed takeover of NXP Semiconductors were premature.

  • June 15, 2018

    Total E&P Can't Shake 'Excessive' $420K Attorney Fee Award

    The Texas Supreme Court on Friday declined to review a case in which Total E&P USA Inc., was fighting a ruling that it must hand over $420,000 in attorneys' fees in a case in which damages were only $100,000, despite Total's argument that the fees stemmed from a “novel” and “improper” tactic that prejudiced the jury.

  • June 15, 2018

    EPA Cost-Benefit Review Signals Big Concessions To Industry

    The U.S. Environmental Protection Agency recently said it is considering altering its approach to regulatory cost-benefit analyses to reflect industry groups' concerns that the process is weighted against them, something experts say would be tough to implement as a one-size-fits-all rule and would surely invite legal challenges from environmental and other public interest groups.

  • June 15, 2018

    Fed. Circ. Won’t Lift Tariffs From Canadian Solar Cos.

    The Federal Circuit declined Friday to spare Canadian producers from safeguard tariffs imposed on solar products, finding in a precedential opinion that the solar panel companies challenging the tariffs were not likely to ultimately succeed in court.

  • June 15, 2018

    Repairman Gets Texas Justices To Take Up Electrocution Suit

    The Texas Supreme Court agreed Friday to hear an appeal in a suit brought by a power station repairman who accused a chemical plant of not properly isolating his work area when he came to fix a transformer, causing him to be electrocuted and lose one of his arms.

  • June 15, 2018

    Shareholders Allege PG&E Fraud In Suit Over Calif. Wildfires

    Shareholders hit PG&E Corp. with a proposed class action Thursday accusing the utility of defrauding investors by claiming to comply with California safety regulations despite a state investigation blaming PG&E for a dozen of the wildfires that ravaged the state in 2017.

  • June 15, 2018

    EPA, Corps Close To Clean Water Rule Replacement Proposal

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers moved closer on Friday to officially proposing a replacement for a controversial Obama-era rule defining the Clean Water Act's reach.

  • June 15, 2018

    Maxus Trustee Targets YPF, Repsol In $14B Ch. 11 Fraud Suit

    The liquidating trust for bankrupt Maxus Energy on Thursday launched a potential $14 billion, 23-count adversary suit in Delaware Bankruptcy Court against Spanish energy giant Repsol SA and Argentina-based YPF SA, accusing both of using Chapter 11 to duck U.S. environmental liabilities.

  • June 15, 2018

    SD Justices Skirt Merits In Nixing Tribes' Keystone XL Appeal

    South Dakota's high court has tossed an appeal from two Native American tribes and an advocacy group in their fight against the controversial Keystone XL pipeline, but did so on jurisdictional grounds instead of reaching the merits of the case.

  • June 14, 2018

    Nigeria Looks To Exit Suit Over $9B Arbitration Award

    Nigeria has asked a D.C. federal court to dismiss an engineering company’s effort to enforce a nearly $9 billion arbitration award issued against the country after it abandoned a gas-processing facility project, saying it wasn’t properly notified of the litigation.

  • June 14, 2018

    ND Health Dept. Gives Thumbs Up To Oil Refinery Near Park

    The North Dakota Department of Health has given Meridian Energy Group Inc. a permit to build a proposed crude oil refinery in Billings County, not far from the Theodore Roosevelt National Park.

Expert Analysis

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • 5 Takeaways From Tax Court's Solar Project Ruling

    David Burton

    In the matter of Golan v. Commissioner of Internal Revenue, the U.S. Tax Court sustained the taxpayer's energy credit and bonus depreciation deductions. In this unusual case where the IRS had the burden of proof, attorneys from Mayer Brown LLP discuss five interesting takeaways.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • High Court Passes On New Chance To Clarify CWA Confusion

    Andrea Driggs

    With its recent decision in Hughes v. United States, the U.S. Supreme Court has passed on an opportunity to shed light on its prior rulings on the statutory reach of the federal Clean Water Act, long a source of confusion for lower courts and litigants alike, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • What To Know About Proposed Chemical Safety Reg Changes

    Shannon Broome

    Durable reform of existing regulations requires hard work. The U.S. Environmental Protection Agency's recently proposed revisions of a core Obama administration midnight rule — the Risk Management Plan program for certain chemical, refining and general manufacturing facilities — demonstrate how this work is done, say attorneys with Hunton Andrews Kurth LLP.

  • Congress’ Overlooked Environmental Legislation

    Rachel Jacobson

    The House recently passed — and now the Senate is considering — the most important piece of energy and environmental legislation it will consider all year. It isn’t a revision to the Endangered Species Act or the Clean Water Act. It's the National Defense Authorization Act, say attorneys with WilmerHale.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • FCPA Enforcement Activity In Early 2018: Part 2

    Collmann Griffin

    The first quarter of 2018 was above average in terms of Foreign Corrupt Practices Act investigations closed by U.S. regulators without enforcement. But the government may return to more assertive enforcement in the future — and companies and individuals may still face liability long after the "completion" of any misconduct, says Collmann Griffin of Miller & Chevalier Chtd.