• March 19, 2018

    Firms Battle Over Repping Class In Westinghouse WARN Suit

    Two law firms are battling it out in New York bankruptcy court to see who will lead a proposed class action against Westinghouse Electric on behalf of workers laid off on short notice, with both firms trading barbs and beating their chests in an attempt to muscle out the competition.

  • March 19, 2018

    ETE Cites Williams' 'Trash Talk' In $1.5B Fee Reargument Bid

    Pipeline giant Energy Transfer Equity urged Delaware Chancery Court on Monday to allow reargument on dismissed counterclaims that the company deserves a $1.48 billion termination fee for The Williams Companies' alleged breaches of a $38 billion merger agreement that ETE itself abandoned in 2016.

  • March 19, 2018

    Buyer Worries Lead Augustus Energy To Seek Ch. 11 Sale

    Colorado natural gas well developer Augustus Energy Resources LLC told the Delaware bankruptcy court on Sunday that it wants to hold a Chapter 11 auction of its assets, saying it is dealing with $78 million in debt, depressed energy prices and a $3.7 million class action over royalties.

  • March 19, 2018

    Dominion Slams FERC 'Free Rider' Rule at DC Circ.

    Dominion Energy Services on Monday urged a D.C. Circuit panel to overturn a Federal Energy Regulation Commission decision denying it cost-sharing payments for two high voltage energy projects, saying the decision allows other energy providers to “free ride” off regional benefits from the projects.

  • March 19, 2018

    Offshore Manufacturer Wants Out Of Petrobras' $400M Suit

    Spanish offshore equipment manufacturer Vicinay Cadenas SA urged a Texas federal court on Monday to dismiss Petrobras America Inc.'s lawsuit seeking $400 million over an allegedly defective chain used to support a floating oil and gas facility, because, despite Petrobras assuring the court its claims didn't rely on a purchase order, it is now arguing otherwise.

  • March 19, 2018

    US Trustee Objects To PES Ch. 11 Plan Over Creditor Rights

    The United States Trustee objected Monday in Delaware to the proposed Chapter 11 plan of bankrupt refinery operator PES Holdings LLC, saying the plan’s treatment of unsecured creditors deprives them of the right to vote on the restructuring proposal.

  • March 19, 2018

    Kazakhstan Says Fraud Probe Rattled Investors In $506M Feud

    Kazakhstan told a D.C. federal court Friday that two Moldovan gas investors who won $506 million in arbitration against the country by allegedly cooking their books have abandoned their London attempt to enforce the award because of a a probe into the alleged manipulation.

  • March 19, 2018

    NY Urges High Court To Pass On $683M Pipeline Permit Row

    New York state environmental regulators urged the U.S. Supreme Court not to review the state's denial of a water permit for a $683 million gas pipeline project, saying that developer Constitution Pipeline Co. LLC is misreading the Second Circuit's decision backing the permit denial.

  • March 19, 2018

    Enviros' Suit Says San Diego County Climate Plan Too Lax

    Environmental groups have escalated their battle against San Diego County’s plan to deal with the effects of climate change, claiming in a state court lawsuit filed Friday that the Southern California county's revised approach is inadequate.

  • March 19, 2018

    Tatneft Can't Get $112M Ukraine Award OK'd Just Yet

    A D.C. federal judge declined Monday to toss Russian energy company PAO Tatneft's suit to enforce a $112 million award it won following the forced takeover of Ukraine's largest refinery, but held off on deciding whether to enforce the award until additional questions are answered.

  • March 19, 2018

    Clyde & Co. Nabs Ex-Curtis Int'l Arbitration Pro In Paris

    Clyde & Co. has lured a former Curtis Mallet-Prevost Colt & Mosle LLP partner to serve as head of arbitration at its Paris office, bringing her extensive experience handling commercial concerns — including matters involving mergers and acquisitions, energy, and pharmaceuticals — as well as investor-state disputes.

  • March 19, 2018

    Gas Engineering Firm Wants $9B Award Against Nigeria OK'd

    An engineering company run by two Irish nationals urged a D.C. federal court Friday to confirm a nearly $9 billion award against Nigeria stemming from the country's decision to abandon a project to build a gas-processing facility in the Nigerian coastlands, arguing the country waived any right to immunity when it agreed to binding arbitration.

  • March 19, 2018

    Calif. Energy Services Co. Wants SEC Fraud Case Out Of NY

    A Los Angeles-area energy services holding company and its CEO have told a New York federal court that the U.S. Securities and Exchange Commission’s suit accusing them of stock fraud doesn’t belong there and should be thrown out or at least sent to California, thousands of miles closer to home.

  • March 19, 2018

    Feds, Dakota Access Say Tribes Hampering Pipeline Review

    The U.S. Army Corps of Engineers and the company behind the Dakota Access oil pipeline urged a D.C. federal judge Friday not to force the agency to provide more technical information and increase consultation with two tribes, saying the tribes themselves have passed up chances to take part in an ongoing environmental review of the project.

  • March 19, 2018

    Land Services Co. Says Contractor Stole Its Customers

    Kastner Land Services LLC on Monday filed a lawsuit in state district court in Houston seeking more than $1 million in damages, alleging that one of its contractors surreptitiously used its proprietary software to find three potential heirs to an oil and gas lease and steal its business.

  • March 19, 2018

    Energy Cos. Seek OK Of $1B Award Against Nigeria's Oil Co.

    A Statoil unit and a Texaco unit urged a New York federal court on Friday to enforce a more than $1 billion award against Nigeria's state-owned oil company, saying a Nigerian court decision finding that the dispute was related to taxes, and therefore cannot be arbitrated, violates U.S. public policy.

  • March 19, 2018

    Dem Presses Pruitt On Delays For GAO Spending Probe

    New Mexico Democratic Sen. Tom Udall on Monday sent a letter to U.S. Environmental Protection Agency head Scott Pruitt asking about the Government Accountability Office’s assertion that he isn’t supplying information for an inquiry into spending on a “privacy booth” for his office.

  • March 19, 2018

    Pioneer Fights Ex-Worker’s Class Cert. Bid In ERISA Suit

    Pioneer Natural Resources USA Inc. on Friday urged a Colorado federal court not to certify as a class action a former employee’s suit claiming the company breached its fiduciary duty in managing and administering a 401(k) and matching plan, saying his bid for certification doesn’t stand up to the required “rigorous analysis.”

  • March 19, 2018

    Deals Rumor Mill: Dropbox, Saudi Aramco, ARM

    Dropbox’s planned IPO is oversubscribed, state-run oil giant Saudi Aramco hopes to buy a majority stake in a proposed refinery and petrochemical complex in the western Indian state of Maharashtra, and Softbank Group may relist U.K. semiconductor company ARM less than two years after having acquired the business.

  • March 19, 2018

    Justices Asked To Hear Ute Tribal Court Exhaustion Case

    A man who part owns two businesses working with oil and gas companies near the Ute Indian tribe’s reservation and said that tribal officials tried to extort money from him has urged the U.S. Supreme Court to take up his appeal of a Utah Supreme Court ruling saying that the officials would have to face claims in tribal court.

Expert Analysis

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • New Bribery Suit's Implications For Venezuela Restructuring

    Richard Cooper

    The decision by Venezuela’s state-owned oil company PDVSA to pursue claims in the U.S. over an alleged bribery scheme raises a number of legal and strategic issues not just for the defendants named in the suit, but also for PDVSA’s bondholders and creditors of the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • What FERC's Order 842 Means For New Generation Facilities

    Blake Urban

    Last month, the Federal Energy Regulatory Commission revised its regulations to require all newly interconnecting generation facilities to install, maintain and operate equipment capable of providing primary frequency response. Because this order may impose significant costs and disadvantage new generation in the marketplace, legal challenges are likely, say attorneys with Bracewell LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Section 232 Tariffs: More Questions Than Answers

    Donald Cameron

    The recent announcement of new steel and aluminum tariffs provided few answers regarding their scope and operation. The sooner definite procedures for exclusions and exemptions are established, the better for the global economy, say Donald Cameron and Mary Hodgins of Morris Manning & Martin LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Will UN Electric Vehicle Regs Live Up To Billing?

    Anurag Maheshwary

    Aspiring to close the gaps between differences in American, European and Chinese approaches to regulating electric vehicle safety, the United Nations recently completed development of a Global Technical Regulation. Anurag Maheshwary, an attorney at the U.S. Department of Justice, reviews the notable features of the GTR and explores its impact on improving safety compared to existing regulations.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • FERC Has Options If Court Pulls Pipeline Certificates

    Randall Rich

    The D.C. Circuit recently denied petitions for rehearing filed by the Federal Energy Regulatory Commission and a group of pipeline companies, and might soon vacate FERC’s orders authorizing the Florida Southeast Connection pipelines. FERC and the pipeline operators face the question of how and whether the pipelines could keep operating without certificates, says Randall Rich of Pierce Atwood LLP.