Energy

  • October 23, 2020

    Chevron Deference's Future In Doubt If Barrett Is Confirmed

    Judge Amy Coney Barrett's expected ascent to the U.S. Supreme Court would likely propel a conservative crusade against so-called Chevron deference to the brink of a triumph that would strengthen corporate America's hand in litigation with federal regulators.

  • October 23, 2020

    Fracking Co. Asks Fed. Circ. To Undo Exceptional Finding

    Heat On-The-Fly LLC has asked the Federal Circuit to reverse a district court ruling made on remand that a case involving its hydraulic fracturing patent, which was found to be unenforceable due to inequitable conduct, is exceptional.

  • October 23, 2020

    UK Energy Co. Seeks Arbitration In Dispute With Ex-Partner

    A British Isles energy company has filed an arbitration request with the International Court of Arbitration against its former joint venture partner, saying the move comes amid a dispute over a failure to pay nearly $1 million of the share of costs in a Romanian oil-and-gas field project.

  • October 23, 2020

    Oil Slump Means Buyers Are More Choosy In Driller Tie-Ups

    While consolidation is finally ramping up in the struggling U.S. oil industry, the recent string of driller mergers shows that companies carrying too much debt will likely be left behind as buyers snap up companies with cleaner balance sheets.

  • October 23, 2020

    Fed. Circ. Stays $5M IP Award Appeal After Ch. 11 Petition

    The Federal Circuit on Friday stayed Besco Tubular's appeal of a $5 million infringement verdict against it after the plaintiff in the intellectual property suit filed an involuntary Chapter 11 petition against Besco in Louisiana court.

  • October 23, 2020

    DC Circ. Wary Of Ukraine Energy Co.'s $58M Arb. Fight

    Ukrainian energy company LLC Komstroy seemingly failed to convince a D.C. Circuit judge, at least for now, to uphold a lower court order enforcing a $58 million arbitral award against Moldova after the jurist voiced concerns Friday about the court's authority to weigh in on the dispute now. 

  • October 23, 2020

    10th Circ. Undoes $443K Discovery Sanction Against Enable

    The Tenth Circuit freed Enable Midstream Partners LP from a discovery sanction of $443,000 Friday, saying it had been wrongly punished for failing to produce documents in a class action that accused a customer, Apache Corp., of underpaying royalties to mineral rights owners.

  • October 23, 2020

    Interior Dept. Sets Guidelines For Its Informal Guidance

    All guidance documents issued by the Department of the Interior must now go through a cost-benefit analysis, be held out for public comment and clearly state that the documents are not legally binding, the agency said in a new rule published Friday.

  • October 23, 2020

    Consol Can't Shake Central Claim In Lifetime Benefits Suit

    Consol Energy Inc. knocked out most of the claims in a lawsuit accusing it of flouting the federal benefits law by revoking retired miners' health care, but it must face the suit's central allegation: that the company violated ERISA's code of conduct for benefit plan caretakers.

  • October 23, 2020

    Judge Thinks Texas AG's Fraud Case Belongs In Collin County

    The Harris County judge presiding over the felony securities fraud case against Texas Attorney General Ken Paxton said Friday he didn't have authority to revisit another Harris County judge's decision that the case should return to Collin County, but he'd agree Collin County is the proper venue if he did have a say.

  • October 23, 2020

    5 Tax Ballot Measures To Watch On Election Day

    From a proposal to overhaul California’s property tax system to imposing a graduated income tax in Illinois, voters will have the final say on a number of significant tax-related ballot measures on Election Day. Here, Law360 examines five measures that headline this year’s slate of initiatives.

  • October 23, 2020

    Taxation With Representation: Wachtell, Gibson, Hunton

    In this week's Taxation With Representation, ConocoPhillips inks a $13 billion merger with Concho Resources, Pioneer Natural Resources buys Parsley Energy for $4.5 billion, and real-estate firm Pretium acquires Front Yard for $2.4 billion.

  • October 23, 2020

    Waste Management's $4.6B Deal Gets DOJ Nod With Fixes

    The U.S. Department of Justice on Friday said Waste Management Inc. can move ahead with its re-jiggered $4.6 billion deal for collection and disposal outfit Advanced Disposal Services provided the companies shed assets in several states.

  • October 23, 2020

    Utilities Defend Oregon Power Line Approvals

    The owners of a proposed long-distance power line project in Oregon have defended the Bureau of Land Management and the U.S. Forest Service's authorizations for the project, saying opponents are crying flaws in environmental reviews to validate a "not in my backyard" suit.

  • October 23, 2020

    Feds Accused Of Again Failing To Protect Pacific-Area Salmon

    The federal government has once again improperly concluded that its proposed operation of hydroelectric dams and reservoirs along the Columbia River won't jeopardize protected salmon and other species, according to a coalition of environmental groups that plans to take the matter back to court.

  • October 23, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen electronics giant Philips take on another Chinese rival over patents, automaker Daimler AG face another group action, and a Canadian pension fund and dozens of others sue troubled security firm G4S. Here, Law360 looks at those and other new claims in the U.K.

  • October 22, 2020

    Biden Vows Transition Away From Fossil Fuels In Final Debate

    Joe Biden said during the final presidential debate Thursday he intends to "transition" the country away from the oil industry, as President Donald Trump challenged him to say whether he'd close the industry down.

  • October 22, 2020

    Donziger Questioned On His Need For Remote Trial Witnesses

    Chevron foe Steven Donziger must explain why his witnesses should be allowed to testify remotely at his upcoming criminal contempt trial, a New York federal judge said on Thursday, and the disbarred attorney also faced fresh questions about who is actually representing him.

  • October 22, 2020

    Venezuela National Oil Co. Sues US Over $642M In Income Tax

    The U.S. subsidiary of Venezuela's state-owned oil and gas company sued the federal government Thursday in Texas federal court over $641.6 million in disputed income tax related to its use of excise tax credits.

  • October 22, 2020

    Crystallex Points To Order On Bond Case In $1.2B Award Fight

    Crystallex is pressing a Delaware federal judge to forge ahead with a sale of Citgo's parent company as other creditors of Venezuela begin to close in on the country's most valuable U.S. asset, pointing to a New York judge's order last week enforcing $1.68 billion in defaulted Venezuelan bonds.

  • October 22, 2020

    Va. Golf Course Dispute Delayed As Dominion Seeks More Info

    A Virginia federal magistrate judge told Dominion Energy on Thursday it can get a brief delay to seek documents tied to a jurisdictional dispute in litigation over business losses allegedly incurred by the former owner of a golf course, which was sculpted from coal ash from the power company that triggered a tangle of environmental issues.

  • October 22, 2020

    EPA Finalizes Net Emissions Air Rule For New Projects

    The Trump administration on Thursday finalized a rule that will allow certain industrial projects to avoid a strict air quality permitting program by considering early in the review process both decreases and increases in air pollution caused by a project.

  • October 22, 2020

    Lilis Energy Inks Settlement With Equity Holder, Creditors

    Oil and gas production company Lilis Energy Inc. on Thursday told a Texas bankruptcy court it had inked a $3.75 million deal to settle the claims of the preferred equity holder whose refusal to commit to a new money investment put the company on a path to a sale.

  • October 22, 2020

    EPA Will Crack Down On Oil, Fracked Gas Smog In 8 States

    A California federal judge has approved an agreement between the U.S. Environmental Protection Agency and two conservation groups requiring the agency to take steps to reduce asthma-causing smog from oil and fracked gas extraction areas in eight states.

  • October 22, 2020

    ND Pipeline Protesters Ask 8th Circ. To Reject Police Appeal

    A group of Dakota Access pipeline protesters have said it's too soon for the Eighth Circuit to review a discovery order in a proposed class action alleging law enforcement used excessive force during a protest. 

Expert Analysis

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • How Brent Crude Oil's Dominance Could Come To An End

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    Recent turbulence in the oil market has highlighted the continuing importance of the Brent crude oil price benchmark — but a lack of liquidity could precipitate a decline in its use, as alternative benchmarks emerge, say Andrew Hutcheon and George Garthwaite at Watson Farley.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Environmental Policy And The Election: Part 3

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    In the final part of this series, attorneys at Akin Gump look at the presidential candidates' strongly diverging stands on water quality, biodiversity, use of federal lands and environmental justice, and the tool set of executive orders, regulatory rulemakings and permitting decisions they would use to advance their agendas.

  • Key Lessons From SEC Fine Over Mid-Merger Stock Buyback

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    The U.S. Securities and Exchange Commission recently fined Marathon Petroleum subsidiary Andeavor over faulty controls related to a stock buyback program it implemented during its acquisition, highlighting important takeaways for in-house legal teams about internal procedures during preliminary merger discussions, says Ethan Klingsberg at Freshfields.

  • Environmental Policy And The Election: Part 2

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    Attorneys at Akin Gump analyze the agendas that both presidential candidates have laid out on domestic energy, air quality and international climate diplomacy, and consider likely policy outcomes.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • How A Biden Administration Would Shape IP Policy

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    While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

  • Environmental Policy And The Election: Part 1

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    Attorneys at Akin Gump outline both presidential candidates' key environmental and energy policy goals, and identify recent Trump administration environmental rules that may be invalidated through the Congressional Review Act if Democrats win control of both the House and Senate.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Facing Policy Shifts, Oil And Gas Cos. Need Depreciation Help

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    As cost and policy considerations accelerate the shift away from oil and gas, legacy energy companies need the Federal Energy Regulatory Commission to reevaluate depreciation schedules for assets such as pipelines and gas-fired power plants, say attorneys at Sheppard Mullin.

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