• December 14, 2017

    Trump's EPA Chemical Safety Office Pick Drops Out

    President Donald Trump's controversial pick to lead the U.S. Environmental Protection Agency's chemical safety office has reportedly given up on seeking the post, just weeks after two Republican senators said they couldn't support his nomination and a third expressed doubts as well.

  • December 14, 2017

    Bearded Seal 'Threatened' Listing Improper, Justices Hear

    Oil and gas groups, the state of Alaska and an Alaska Native regional corporation urged the U.S. Supreme Court on Wednesday to reject the federal government’s plea to uphold the National Marine Fisheries Service’s decision to list the Pacific bearded seal as a threatened species.

  • December 14, 2017

    FERC Won't Reconsider Atlantic Bridge Pipeline Project OK

    The Federal Energy Regulatory Commission on Wednesday stood by its approval of the Atlantic Bridge natural gas pipeline project in New York and New England, rejecting arguments from environmentalists and local municipalities saying that its environmental review was flawed.

  • December 14, 2017

    Pa. Justices To Weigh $1.8M Energy Rate-Spike Fine

    The Pennsylvania Supreme Court said Wednesday that it would weigh whether state utility regulators had acted unreasonably in issuing a $1.8 million civil penalty against HIKO Energy LLC over accusations that it used deceptive marketing practices and systematically overbilled customers.

  • December 14, 2017

    MVP: Skadden's Frank Bayouth

    Skadden Arps Slate Meagher & Flom LLP's Frank Bayouth helped several clients close major transactions in the energy sector this year, including two multibillion-dollar deals within a month of each other, securing him a place as one of Law360’s 2017 Energy MVPs.

  • December 13, 2017

    Westinghouse Gets 3-Month Extension To File Ch. 11 Plan

    Westinghouse Electric Co. on Wednesday received 90 more days of exclusive time to file a Chapter 11 reorganization plan from a New York bankruptcy court judge, who blasted the company’s unsecured creditors for trying to “throw a bomb” in what has so far been a productive restructuring case.

  • December 13, 2017

    10th Circ. Won’t Rehear Ex-Tribe Worker's Contract Row

    The Tenth Circuit rejected a Ute Indian Tribe ex-energy and minerals department employee’s bid for panel or full court rehearing on Wednesday after it sided with the tribe in their contract dispute.

  • December 13, 2017

    Deals Rumor Mill: Disney, AmBank, Saudi Aramco

    Walt Disney’s deal with 21st Century Fox is on the precipice of being announced, a Malaysian lender is mulling the sale of its general insurance business, and Saudi Aramco is still deciding upon book runners and global coordinators as the state-owned oil giant prepares for a 2018 IPO that’s expected to raise $100 billion.

  • December 13, 2017

    DC Circ. Nixes Freedmen Descendants' Suit Against DOI

    The D.C. Circuit on Tuesday declined to revive a proposed class action, brought by descendants of slaves held by Native American tribes, claiming the U.S. Department of the Interior owes them royalties from land granted to their ancestors, agreeing with a lower court that alleged injuries to their relatives aren’t enough to give them standing.

  • December 13, 2017

    State Can't Block Millennium Pipeline Project, NY Judge Says

    Millennium Pipeline Co. LLC on Wednesday won another court battle in its effort to build a 7.8-mile gas pipeline in southern New York, convincing a federal judge to stop the state’s environmental watchdog from blocking construction based on a water quality permit dispute.

  • December 13, 2017

    Ill. Nuke Plant Subsidies Do Step On FERC, 7th Circ. Told

    A coalition of power producers on Tuesday told the Seventh Circuit that the effort by Illinois to prop up two struggling Exelon Corp. nuclear power plants is an overreach of authority reserved for the Federal Energy Regulatory Commission, adding that Supreme Court precedent showed the state went too far.

  • December 13, 2017

    PSE&G Says 2.5M Customers' Data Likely Hit In PayPal Breach

    New Jersey's Public Service Electric and Gas Co. said Tuesday that a recent data breach at a payment processor owned by PayPal may have compromised the personal information of up to 2.5 million utility customers who paid their bills at automated kiosks and third-party payment centers between 2012 and 2017.

  • December 13, 2017

    The Biggest Energy Rulings Of 2017

    Climate change played a starring role in major energy rulings this year, as courts ordered the Federal Energy Regulatory Commission to more closely study pipeline greenhouse gas emissions, backed states' use of nuclear plant subsidies to decrease GHG emissions and thwarted the Trump administration's efforts to roll back climate-friendly energy and environmental regulations finalized during the Obama administration. Here are the biggest energy-related rulings from 2017.

  • December 13, 2017

    MVP: King & Spalding's Simon Cowled

    King & Spalding LLP's Simon Cowled has advised buyers and sellers on more than $8.5 billion in energy merger and acquisition transactions in the Asia-Pacific region and beyond in the past year, landing him among Law360's 2017 Energy MVPs.

  • December 13, 2017

    DC Circ. Gives Enviros 2nd Shot To Fight $2.2B Pipeline

    The Sierra Club will be allowed to refile a suit against the Federal Energy Regulatory Commission aiming to stall construction on the $2.2 billion Nexus pipeline after the nonprofit had to pull its initial petition, the D.C. Circuit said Wednesday.

  • December 13, 2017

    GOP Leaders Reach Deal To Reconcile Tax Bill Differences

    Republican leaders have reached an agreement to settle the differences between the tax cut bills passed in the House and Senate, according to a statement from the Senate Finance Committee on Wednesday.

  • December 12, 2017

    Odebrecht Oil & Gas Secures US Bankruptcy Protections

    Brazilian oil field servicing company Odebrecht Oil & Gas received New York bankruptcy court recognition Tuesday of its insolvency proceedings in Brazil, where it has received approval to execute a plan to restructure approximately $4.7 billion in secured debt.

  • December 12, 2017

    Investors In PowerSecure Stock Suit Out Of Tries At 4th Circ.

    The full Fourth Circuit on Tuesday summarily rejected an investor’s bid to reconsider its decision not to resuscitate a securities fraud case against PowerSecure International Inc. and its CEO, leaving shareholders who blamed the company when its stock price tanked with little recourse.

  • December 12, 2017

    DOT Escapes Enviro Suit Over Review Of Oil Spill Plans

    A Michigan federal judge on Tuesday granted a quick win to the U.S. Department of Transportation in a suit accusing it of shirking its responsibilities to review spill response plans for certain oil facilities, agreeing with the agency that the environmental group that brought the suit didn’t have standing.

  • December 12, 2017

    Senate Dems Protest Energy Tax Provisions In Reform Bill

    A group of Senate Democrats on Tuesday denounced Republican tax reform legislation for removing incentives for renewable energy such as wind and solar while propping up the fossil fuel industry.

Expert Analysis

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Litigation Trend Links Climate Change And Human Rights

    Viren Mascarenhas

    One key takeaway from the Bonn Climate Talks — which recently brought together negotiators from close to 200 countries to discuss implementation of the Paris agreement — is that energy companies must seriously consider potential lawsuits linking their business operations with human rights violations and climate change, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Science And Controversy Of Offshore Wind

    Brook Detterman

    As the U.S. Bureau of Ocean Energy Management embarks on several studies to better understand offshore resources and species, fishing interests have sued BOEM to challenge not only an offshore wind lease, but the process used to award leases and conduct environmental analysis. The future of offshore wind in the United States may be at stake, says Brook Detterman of Beveridge & Diamond PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • 4th Circ. Deals Blow To Securities Fraud Plaintiffs

    Colby Smith

    By cabining material misrepresentation and scienter within their respective domains, the Fourth Circuit in Maguire Financial v. PowerSecure highlighted the onerous bar securities fraud plaintiffs must meet for their claims to survive dismissal, say attorneys with Debevoise & Plimpton LLP.

  • 10 Things To Know About Native American Policy: Part 2

    Donald Pongrace

    Significant Native American policy developments to pay attention to in the coming months include the future of tribal coal and the next wave of politicians that will leave office in the near future, as well as how their replacements will address Indian Country issues, say attorneys with Akin Gump Strauss Hauer & Feld LLP in the final part of this article.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.