• August 18, 2017

    Icahn Quits Post As Trump Adviser After Conflict Concerns

    Activist investor and CVR Energy chair Carl Icahn resigned Friday as President Donald Trump’s special regulatory adviser in the wake of conflict of interest questions related to his renewable-fuel market activities and ownership in insurance giant American International Group.

  • August 18, 2017

    Gold King Spill Vows Could Be Fool's Gold For Pruitt

    U.S. Environmental Protection Agency chief Scott Pruitt's recent promise to take a fresh look at tort claims over the agency's role in the 2015 Gold King Mine disaster may score political points by trashing his predecessors, but the move is likely to backfire if the agency doesn't follow through with compensation or tackle the threat of future spills, attorneys say.

  • August 18, 2017

    US, TransCanada Seek To Trash Keystone Pipeline ESA Claim

    TransCanada and the U.S. government asked a Montana federal judge on Friday to toss a citizen-suit claim brought under the Endangered Species Act in a suit challenging the government’s approval of permits for the Keystone XL pipeline revived by President Donald Trump, saying environmental groups don’t have standing to bring ESA claims in response to presidential action.

  • August 18, 2017

    Judge 'Appalled' At Atty's Letter To Ex-Platinum Employee

    The New York federal judge overseeing the criminal case against former Platinum Partners executives threatened to throw the book at one of the defendants' Quinn Emanuel Urquhart & Sullivan LLP attorneys on Friday if she hears more of what she deemed “reprehensible” and potentially intimidating contact with could-be witnesses.

  • August 18, 2017

    Ex-Statoil Exec Says Injunction Bid Should Be Nixed

    A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.

  • August 18, 2017

    Westinghouse Liable For Project Shutdown Costs, Co. Says

    A subcontractor of bankrupt Westinghouse Electric Co. asked a New York bankruptcy court Thursday to ensure it will be paid the more than $2 million it says it will need to wind down its work at a canceled South Carolina nuclear power project.

  • August 18, 2017

    Sanchez Energy Sells Eagle Ford Assets For $105M

    Texas-based Sanchez Energy Corp. on Thursday said it had entered into a definitive agreement to sell Eagle Ford Shale assets for about $105 million in cash, according to a company announcement.

  • August 18, 2017

    Nigeria Looks To Disqualify Entire ICSID Panel In Oil Row

    Nigeria has moved to disqualify all three arbitrators on an International Centre for Settlement of Investment Disputes tribunal in a dispute brought by two oil companies, which are accusing the country’s state-owned oil company of illegally seizing control of a separate Nigerian firm through which they held a prospecting lease.

  • August 18, 2017

    Taxation With Representation: Sullivan, Kirkland, Davis Polk

    In this week's Taxation With Representation, one Andeavor master limited partnership buys another for $1.5 billion, a transportation logistics company trades hands between private investment companies for nearly $1 billion, two clothing companies join up in an $820 million deal, and the Miami Marlins get traded for $1.2 billion.

  • August 18, 2017

    2nd Circ. Denies Constitution’s $683M NY Pipeline Retry

    The Second Circuit on Friday denied Constitution Pipeline Co. LLC’s request to review a decision by the New York State Department of Environmental Conservation that denied the company a water permit for a $683 million natural gas pipeline, saying the company hadn't provided the information the department requested.

  • August 18, 2017

    Corps, Dakota Access Say Pipeline Oil Should Keep Flowing

    The U.S. Army Corps of Engineers and the Energy Transfer Partners unit behind the controversial Dakota Access crude oil pipeline continued to press a D.C. federal judge Thursday to keep oil flowing while the agency works to fix problems he found with an environmental review.

  • August 18, 2017

    Hedge Fund-Backed Peabody Energy Unveils 13M-Share Sale

    Hedge fund-backed coal producer Peabody Energy Corp., which recently exited Chapter 11 bankruptcy protection and began trading its stock publicly again, on Friday announced a secondary offering that will allow stockholders to sell 12.8 million shares in a deal advised by three law firms.

  • August 18, 2017

    Slowdown In Bankruptcies Belies Oil Cos.' Stormy Situation

    The wave of bankruptcy filings in the oil and gas industry has slowed since last year when the price of crude hit a 10-year low, but energy companies remain vulnerable in a volatile market with high leverage and a stubbornly slow rebound in prices, experts say.

  • August 18, 2017

    Contractor Asks DC Circ. Not To Revive $8.5M Award Fight

    An Afghan builder on Thursday asked the D.C. Circuit to uphold an order enforcing the $8.5 million award it won against a U.S. engineering firm over a dispute involving a power plant tied to a U.S. foreign aid project, saying that the American company hasn’t offered any new arguments.

  • August 18, 2017

    US Power Giant Calpine To Be Taken Private In $5.6B Deal

    Texas-based Calpine Corp., a North American power giant that serves customers in 25 states, Canada and Mexico, will be taken private in a deal worth $5.6 billion, according to a Friday statement.

  • August 17, 2017

    Breitburn Creditors Spending Too Much, Wells Fargo Says

    Wells Fargo, the debtor-in-possession loan agent in the bankruptcy of oil and gas producer Breitburn Energy Partners LP, asked a New York bankruptcy court Thursday to take a hard line on the budget for investigating prepetition liens and claims, and not pay out the more than fourfold overage that has been run up.

  • August 17, 2017

    OMB Lays Out R&D Priorities For 2019 Agency Spending

    The White House Office of Management and Budget issued a memo to executive agencies Thursday outlining the administration’s research and development priorities for fiscal year 2019, naming “military superiority,” security, “American prosperity,” “energy dominance” and health care as areas of “special focus” for agencies as they craft their budget submissions.

  • August 17, 2017

    Petrobras Pulls Uruguay Into Arbitration Over Gas Deals

    Petrobras said Thursday that two of its Uruguayan companies have launched international arbitration proceedings against Uruguay arising from a yearslong dispute over agreements for the companies to supply natural gas from Argentina to its smaller neighbor.

  • August 17, 2017

    Zinke Says Gulf Of Mexico Oil & Gas Lease Sale Netted $121M

    Department of the Interior Secretary Ryan Zinke said an oil and gas lease sale on Wednesday generated $121 million in high bids for tracts in the Gulf of Mexico, adding that the initiative was part of President Donald Trump’s efforts to make the country “energy dominant.”

  • August 17, 2017

    Ryckman Creek Customer Questions Ch. 11 Plan Feasibility

    Bankrupt natural gas storage firm Ryckman Creek Resources LLC's second-largest customer objected Thursday in Delaware court to the debtor’s plan disclosure statement, saying it doesn’t provide enough information to show how the company will be able to operate its massive underground facility post-bankruptcy.

Expert Analysis

  • 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.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.