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  • December 18, 2018

    McKinsey, Jay Alix Tiff May End Careers, Ch. 11 Judge Warns

    The judge presiding over the Chapter 11 case for Westmoreland Coal Co. issued a stern warning Tuesday that restructuring professional Jay Alix's allegations of fraud and insufficient disclosures leveled at McKinsey & Co. could lead to "huge ramifications," potentially ending careers.

  • December 18, 2018

    Bondholders Say Nix Ruling In $1.2B Crystallex Award Row

    Holders of bonds issued by Petróleos de Venezuela SA have urged the Third Circuit to overturn a decision allowing Crystallex International Corp. to seize shares in Citgo's parent company, saying it could jeopardize their interests as creditors of the state-owned oil company.

  • December 18, 2018

    10th Circ. Won't Rethink Pipeline Ruling Protecting Tribal Land

    The Tenth Circuit won't reconsider its mid-November decision denying a natural gas pipeline company the right to take control of land that's partially owned by a Native American tribe, the court said in a short order.

  • December 18, 2018

    Texas County Wants Eagle Ford Road Damage Suit Revived

    Dimmit County has asked the Texas Supreme Court to overturn a lower appellate court's October ruling that allowed 21 oil and gas companies operating in the Eagle Ford Shale out of the county's lawsuit trying to hold the companies responsible for major road damage in the rural community.

  • December 18, 2018

    Gov't Agrees To Dam Water Release In Fish Protection Row

    Washington state and several federal agencies have reached a deal with Oregon and the Nez Perce Tribe to ensure that endangered salmon and steelhead can traverse the Columbia River basin while the government works on a new environmental analysis regarding dams in the waterway, according to a Tuesday announcement.

  • December 18, 2018

    Kinder Morgan Unit Faces $5M Suit Over Chemical Spill

    Fallout from a chemical spill near a Kinder Morgan unit-owned pipeline landed in Texas state court Monday as two landowners brought a proposed class action claiming the company negligently released the toxic chemicals causing more than $5 million in environmental damage over 3,000 to 5,000 acres of land.

  • December 18, 2018

    Enviros Fight To Sink NY Nuke Subsidies

    A coalition of environmental groups on Monday asked a New York state judge to strike down a state program offering subsidies to prop up struggling nuclear power plants, arguing that the state's Public Service Commission violated the requirements for public comment and review.

  • December 18, 2018

    Oil Co. Gets $36.4M Judgment Against Venezuela In Ship Suit

    A D.C. federal judge has hit Venezuela with a more than $36.4 million default judgment in an oil services company’s suit seeking to enforce an arbitration award stemming from the alleged unlawful seizure of its ships.

  • December 18, 2018

    The Court Battle That Could Topple Trump's Metal Tariffs

    Attorneys will gather in the U.S. Court of International Trade on Wednesday morning for oral arguments in a case that could wipe out the Cold War-era statute used by President Donald Trump to impose sweeping steel and aluminum duties and provide the first legal check on the administration’s robust trade enforcement push.

  • December 18, 2018

    French Protests Highlight Difficulty Of Taxing Carbon

    French President Emmanuel Macron’s reversal on a proposed fuel tax increase in the face of violent protests has cast doubt on the political viability of wide-ranging consumption taxes that may be necessary to combat climate change.

  • December 18, 2018

    States Plan Regional Pact To Slash Transportation Emissions

    Nine eastern U.S. states and the District of Columbia on Tuesday announced plans to develop a regional cap-and-invest system aimed at slashing carbon emissions from the transportation sector, echoing the Regional Greenhouse Gas Initiative that uses cap-and-trade to reduce carbon emissions from power plants.

  • December 18, 2018

    Sunoco Asks Fed. Circ. To Rehear $306M Tax Refund Bid

    Sunoco Inc. has urged the Federal Circuit to reconsider its denial of a refund for taxes Sunoco paid with tax credits, worth $306 million, saying other courts have allowed similar deductions.

  • December 18, 2018

    Keep Youth Climate Suit On Hold, Feds Tell Judge

    The U.S. government on Monday urged an Oregon federal judge to maintain her stay of a children's suit accusing the government of pushing policies that contribute to climate change while the Ninth Circuit mulls its latest bid to dismiss the case, saying the children haven't justified the need for a restart.

  • December 18, 2018

    EU Slaps Bulgarian Energy Co. With €77M In Fines

    Bulgarian electricity giant Bulgarian Energy Holding has been fined €77.1 million ($87.6 million) for allegedly blocking competitors’ access to integral gas infrastructure in Bulgaria in a breach of European Union antitrust rules, the European Commission said Monday.

  • December 18, 2018

    Exxon Insists Bid To Halt NY AG Climate Probe Is Valid

    Exxon Mobil Corp. urged the Second Circuit to keep alive its bid to halt New York state's climate change probe, arguing the Empire State can't be shielded from judicial review of alleged constitutional violations just because it's now launched a civil enforcement case against the oil giant.

  • December 18, 2018

    Ridgemont Taps Proskauer For $1.65B PE Fund

    Ridgemont Equity Partners, with help from Proskauer Rose LLP, has wrapped up its third flagship fund at $1.65 billion, the private equity firm said Tuesday, with plans to focus on investments within the realms of business and industrial services, energy, health care and technology and telecommunications.

  • December 17, 2018

    Starion Loses Bid To Bar Mass. AG's $30M Fund Attachment

    Bankrupt electricity retailer Starion Energy Inc. lost its bid for a Chapter 11 injunction against the Commonwealth of Massachusetts Monday after a Delaware judge said the debtor was not in danger of suffering irreparable harm if the state’s attachment of $30 million owed to Starion were allowed to stand.

  • December 17, 2018

    FTC Judge Upholds Challenge Of $2.4B Titanium Dioxide Deal

    The Federal Trade Commission said Monday that its in-house judge has upheld the agency’s allegations that Tronox Ltd.’s planned $2.4 billion deal with chemical mining and processing company Cristal would hurt competition for a type of the white pigment titanium dioxide and should be blocked.

  • December 17, 2018

    Calif. Regulator Says PG&E Faked Records For Years

    The California Public Utilities Commission on Friday said Pacific Gas & Electric Co. for years faked gas records and committed safety violations after a deadly 2010 gas explosion and fire, adding that it is starting a new investigation into the Golden State’s biggest utility.

  • December 17, 2018

    Republic Metals Creditors Ask To Probe Inventory Overvaluing

    Republic Metals Refining Corp.’s unsecured creditors have sought New York bankruptcy court permission to probe into how the company wound up with $70 million in nonexistent inventory on its books before it hit Chapter 11 and how long the books had been wrong.

Expert Analysis

  • Will Fed. Circ. Consider The Competitor Standing Doctrine?

    Matthew Dowd

    A major hurdle to the Federal Circuit’s full participation in developing patent law is Article III standing to appeal from the Patent Trial and Appeal Board. Matthew Dowd of Dowd Scheffel PLLC and Jonathan Stroud of Unified Patents examine whether the Federal Circuit will recognize and apply competitor standing for establishing an injury in fact.

  • State Legislatures May Be Next Stop For Oil And Gas Regs

    Jeffrey Dintzer

    The recent failure of several oil- and gas-related ballot initiatives across the U.S. may ultimately result in environmental groups taking their fight directly to state lawmakers, say Jeffrey Dintzer and Gina Angiolillo of Alston & Bird LLP.

  • How FIRRMA Changed National Security Reviews In 2018

    Farhad Jalinous

    The passage of the Foreign Investment Risk Review Modernization Act in August expanded the range of transactions that the Committee on Foreign Investment in the United States is able to review for national security concerns — especially transactions related to China, say attorneys at White & Case LLP.

  • Spotlight On Produced Water Management Options Intensifies

    Lydia González Gromatzky

    With various areas of the country experiencing water scarcity concerns or limitations on injection capacity, stakeholders have expressed interest in not only expanding produced water management options, but also allowing produced water to be returned to the hydrologic cycle, says Lydia González Gromatzky of Hunton Andrews Kurth LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    WTO Members Must Adopt A Climate Waiver

    James Bacchus

    To further carbon pricing, and to facilitate the transition to a green global economy, members of the World Trade Organization should permit "climate waivers" by which countries can restrict trade based on the amount of greenhouse gases used or emitted in the making of a product, says James Bacchus of the Centre for International Governance Innovation.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.