Energy

  • May 26, 2017

    Deals Rumor Mill: Linde, State Bank of India, PepsiCo

    The supervisory board of German industrial gas company Linde will vote on the company's blockbuster merger with U.S. peer Praxair on June 1, State Bank of India is preparing a $2 billion share sale, and PepsiCo might buy the owner of Vita Coco water.

  • May 26, 2017

    Coal Co. Says Botched Safety Device Sparked $2.3M Fire

    Signal Peak Energy has hit a containerized nitrogen plant supplier and the companies maintaining it with a suit claiming they disabled safety switches and failed to identify the risk, directly leading to a coal mine fire that caused $2.3 million in damages, in a complaint removed to Montana federal court.

  • May 26, 2017

    Kinder Morgan Says Trans Mountain Project Depends On IPO

    Energy infrastructure giant Kinder Morgan Inc. has announced that its Canadian subsidiary has priced a C$1.75 billion ($1.3 billion) initial public offering, which the company said will fund its expansion of the Trans Mountain pipeline if successful.

  • May 26, 2017

    Inheritance Interference Claim Won't Fly, Texas Justices Say

    The Texas Supreme Court on Friday rejected the appeal in a family dispute of some heirs of a wealthy landowner who alleged that harmful interference by a Jackson Walker LLP partner caused them to lose out on a 2,400-acre Eagle Ford Shale ranch and underlying interests worth $3 million, holding that Texas does not recognize a claim for tortious interference with an inheritance.

  • May 26, 2017

    Energy Dept. Asks Public For Help In Cutting Regulations

    The U.S. Department of Energy is asking the public for comments on which of the agency's rules can be modified or repealed, taking a step toward fulfilling President Donald Trump's executive orders aimed at reducing regulations.

  • May 26, 2017

    NJ Judge Tosses Spectra Energy Oil Contamination Suit

    A New Jersey federal judge again has tossed an $8 million lawsuit against Spectra Energy Operating Co. LLC units and another business over alleged environmental contamination at properties in Bayonne, New Jersey, during Superstorm Sandy, saying the property owners have not backed up their racketeering claims.

  • May 26, 2017

    Arch Coal Must Face Claims It Fired Man Helping FBI Probe

    A West Virginia federal judge ruled Friday that Arch Coal Inc. and several subsidiaries must face claims they illegally fired a worker after finding out he was prepared to give the FBI evidence and testify regarding a pay-to-play scheme at a mining complex.

  • May 26, 2017

    Oil Storage Co., Magellan End Pipeline Access Antitrust Row

    Fairway Energy Partners LLC and Magellan Pipeline Company on Thursday asked a state district judge in Houston to toss, with prejudice, an antitrust lawsuit Fairway had brought against Magellan in February over access to its Houston crude oil distribution system, saying an agreement has been reached.

  • May 26, 2017

    NM Utility Can't Seize Navajo Land, 10th Circ. Says

    The Tenth Circuit on Friday backed a lower court ruling that a New Mexico utility can’t secure a path for a transmission line through property that is partly owned by the Navajo Nation, saying there's no language in federal law on rights of way that allows tribal lands to be condemned.

  • May 26, 2017

    ComEd Refuses To Hire People With Bad Credit, Suit Says

    Commonwealth Edison Co. was hit in Illinois court Thursday with class allegations that the electricity utility denies jobs to applicants who have poor credit histories even though a state privacy law prohibits employers from inquiring about credit reports.

  • May 26, 2017

    Texas Justices Won't Recognize 'Compelled Self-Defamation'

    The Texas Supreme Court on Friday held that a former ExxonMobil Corp. contractor can take nothing on his claims against the oil and gas giant and his employer, WHM Custom Services, alleging his drug test was mishandled by a third party, because Texas law doesn't recognize a claim for compelled self-defamation.

  • May 26, 2017

    Oil Groups Change Mind On Intervening In Kids' Climate Suit

    Two more industry groups have asked an Oregon district court to remove them from the federal government’s bid to certify questions for appellate review in a youth-driven climate change suit, a move that comes after a magistrate judge recommended the Ninth Circuit not take the case.

  • May 26, 2017

    Certify Underlying Royalty Question, Okla. Gas Co. Says

    Petroquest Energy LLC has asked an Oklahoma federal court to certify a question for review that it said would get to the heart of accusations it took improper deductions from natural gas royalty owners and would clarify a key precedent for similar cases.

  • May 26, 2017

    Energy Co. Can't Stay Costs Order Over Stopped Ship

    A California magistrate judge on Thursday denied an energy company’s bid to hold off on posting costs related to a ship it had detained, which the company had done as part of its efforts to secure a potential arbitral award against the ship’s Taiwan-based owner.

  • May 26, 2017

    Texas Justices Affirm Countywide Mineral Grant In Deed Fight

    The Texas Supreme Court on Friday upheld the validity of a deed that transferred ownership of mineral rights across an entire county, saying the deed was not ambiguous and trumps a later deed purporting to convey some of the same interests.

  • May 26, 2017

    FERC Stands By Limit Of ETP Pipeline Drilling Work

    The Federal Energy Regulatory Commission on Thursday refused to alter its prohibition of certain drilling activities as part of Energy Transfer Partners LP's construction of its $4.2 billion Rover Pipeline in Ohio until the company addresses recent spills of drilling fluids, rejecting ETP's bid to reopen two areas to construction.

  • May 26, 2017

    2nd Circ. Won't Save Ex-Venezuela Ambassador's RICO Case

    A former U.S. ambassador to Venezuela and anti-corruption consultant who accused two wealthy Venezuelans of paying bribes and defaming him failed to convince the Second Circuit to revive his case, with the court saying Friday the allegations underlying his racketeering suit were barely related.

  • May 26, 2017

    Enviros Press Pruitt Not To Revise EPA Methane Leak Regs

    A coalition of environmental, health, faith and labor groups on Friday urged U.S. Environmental Protection Agency Administrator Scott Pruitt to abandon plans to put on hold and revise methane regulations for new and modified oil and gas infrastructure, saying that any delay would be both environmentally harmful and economically wasteful.

  • May 26, 2017

    Pa. Judge OKs Clean Air Council's Sunoco Pipeline Fight

    A Pennsylvania trial judge ruled Thursday that an environmental group could move forward with a lawsuit challenging a Sunoco Inc. unit’s ability to seize land through eminent domain for the controversial Mariner East 2 pipeline despite a string of state appeals court rulings rejecting similar claims.

  • May 26, 2017

    Breitburn Creditors Slam Bid For Exclusivity Extension

    A group of Breitburn Energy equity holders and secured lenders told a New York bankruptcy judge on Thursday that the company has abandoned assurances to actively involve them in restructuring negotiations and should not enjoy unconditional extensions to its Chapter 11 plan exclusivity period.

Expert Analysis

  • Texas Opens The Door To More Oilfield Contamination Suits

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    The Texas Supreme Court affirmed last month that the state agency overseeing oil and gas matters does not possess exclusive jurisdiction over oilfield contamination claims. The result is that a landowner could obtain both an order from the agency compelling an oil company to clean up the contamination and court-ordered damages for the same contamination, says Andrew Stakelum of King & Spalding LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • DC Circ. Raises Bar For Utility Rate Complaints

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    In a recent ruling, the D.C. Circuit held that the Federal Energy Regulatory Commission must explain why the existing return on equity for a group of utilities is unjust and unreasonable before moving to set a just and reasonable rate. But the question left unanswered is what additional showing is necessary to overturn an existing rate, say attorneys with Jones Day.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Does FERC Delegation Authority Survive Loss Of Quorum?

    Harvey Reiter

    In Allegheny Defense Project v. Federal Energy Regulatory Commission, the petitioner has raised three different arguments why its appeal is not premature — all of which go to the legal status of FERC's tolling orders. Therefore, it seems likely that the D.C. Circuit will have to address at least some aspect of the scope and lawfulness of FERC's delegation authority, say attorneys with Stinson Leonard Street LLP.

  • A Win For Sovereign Immunity

    Owen Pell

    The U.S. Supreme Court's recent ruling in Venezuela v. Helmerich & Payne should make it easier for foreign states and their agencies and instrumentalities to avoid unfounded suits under the Foreign Sovereign Immunities Act. And plaintiffs can no longer avoid dismissal of their claims by asserting that a factual finding on jurisdiction would also decide a merits issue, say attorneys with White & Case LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Foresight Is Key To Large-Cap Construction Projects

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    Developing and constructing a large-scale project is akin to a marathon that begins at the earliest stages of development and ends after years of work. Experienced and effective construction counsel should be able to reduce an owner’s exposure to cost and schedule slippage while providing proactive advice to overcome both expected and unexpected development challenges, say attorneys with King & Spalding LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.