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They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.
Once a taboo topic in the halls of BigLaw, litigation finance is now winning over converts — and pressing their rivals to join the bandwagon.
A Delaware Chancery judge on Monday threw out a shareholder lawsuit challenging power generating giant NRG Energy Inc.'s stock reclassification of its yieldco, ruling that the standards under the MFW precedent that can protect controlling-party takeovers from stockholder claims were met, and can also extend to reclassification transactions.
The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.
The Delaware bankruptcy judge presiding over the massive Energy Future Holdings Corp. case rejected Monday a bid by would-be buyer NextEra Inc. to halt his decision not to award a $275 million breakup fee during an appeal process, saying that such a move would be “premature.”
Zurich American Insurance Co. on Friday urged a Maine federal judge to hold that it doesn't have to defend electricity supplier Electricity Maine LLC in a proposed class action alleging the company overbilled customers by about $35 million, contending that the underlying complaint doesn't allege any potentially covered claims.
Fort Worth, Texas-based mineral and royalty company Pegasus Resources LLC on Monday announced its formation alongside a $300 million equity commitment from private equity firm EnCap Investments LP.
Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.
The Supreme Court on Monday declined to take DTE Energy Co.’s appeal of a Sixth Circuit decision that allowed suits brought by the government and an environmental group accusing the company of improperly modifying a major coal-fired power plant to proceed.
A Pennsylvania appeals court on Friday shot down efforts by a pair of landowners to revive claims that they were denied the full value of royalty payments they say they're owed under a contract allowing an EQT Corp. unit to drill for natural gas below their property.
Federal prosecutors asked a Texas federal judge on Friday to force a former lawyer to repay $13.7 million to a Mexican agency after he was involved in a scheme to divert $32 million from a Mexico utility project, saying much of the rest of the damages claimed actually couldn't be resolved within this case.
The Federal Energy Regulatory Commission on Friday threw out an electric rate scheme proposed by PJM Interconnection that it called unjust and unreasonable, five months after the D.C. Circuit said FERC overstepped its authority when it made changes to PJM's proposal.
Exxon Mobil Corp. on Friday asked a Texas federal court to grant it a partial victory in its battle with the IRS over $1.35 billion in taxes, saying the government wrongly denied it $337 million in refunds over its handling of a federal subsidy for blending alcohol with gasoline.
The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.
The U.S. Supreme Court on Monday denied ETC Marketing Ltd.’s petition for certiorari, which sought review of a Texas Supreme Court decision that upheld an ad valorem tax on natural gas inventory stored in the state.
A Washington, D.C., federal judge refused Saturday to reconsider Yukos Oil Co. shareholders’ request to subpoena a Baker Botts partner as part of efforts to revive a $50 billion arbitration award against Russia, spurning the shareholders’ efforts at “rehashing already rejected or unpursued arguments.”
Energy dealmaking in 2017 saw private equity firms continue to shower the oil and gas industry with cash, while a pair of power sector megadeals highlighted the hazy future facing independent power producers. Here are five mergers and acquisitions trends that stood out to energy attorneys this year.
Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.
The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.
There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.
Last month the Federal Energy Regulatory Commission's Office of Enforcement issued its 2017 Report on Enforcement. Based on the report, entities engaged in FERC-jurisdictional markets in 2018 would do well to either refresh stale compliance programs or implement new ones before engaging in market activity that the commission monitors and investigates, say attorneys with Morgan Lewis & Bockius LLP.
2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.
Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.
The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.
The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.
Barclays’ recent settlement with the Federal Energy Regulatory Commission resolving market manipulation allegations provides no new guidance as to the reach of FERC’s anti-manipulation rule. However, the case has established precedent regarding certain procedural questions, say attorneys with Bracewell LLP.
While the advantages of arbitration are well known, they can become disadvantages for the unwary. Carl Jenkins and A. Scott Davidson of Duff and Phelps Corp. offer suggestions from their experiences as arbitrators, arbitration panel members, expert witnesses and consultants.
The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.