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Energy

  • January 15, 2019

    €128M Award Against Spain Can Be Enforced, Court Hears

    London-based asset manager Eiser Infrastructure Ltd. argued Monday that a D.C. federal court has no authority to independently determine whether Spain consented to arbitrate a dispute over renewable energy subsidies, and, as such, can enforce a €128 million ($146 million) arbitral award against the country.

  • January 15, 2019

    Subcontractor Deals Outside Union's Purview: NLRB Memo

    The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.

  • January 15, 2019

    Oxbow Carbon Must Pay Up In Chancery Records Dispute

    A Delaware vice chancellor ordered Oxbow Carbon LLC to pay $60,000 in fees to minority investors who won an order compelling the sale of William Koch’s multibillion-dollar energy company and then sued for records on its payments to the founder's personal attorney at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    4th Circ. Backs Va. Water Permit For $5B Pipeline

    A Fourth Circuit panel has rejected a petition by a coalition of environmental groups that challenged Virginia’s decision to issue a Clean Water Act certification for the $5 billion Atlantic Coast gas pipeline, saying the state did not act arbitrarily and ignore the project’s risks.

  • January 15, 2019

    Senate Tax Panel Head Open To Renewing Credits For 1 Year

    The chairman of the U.S. Senate Finance Committee told reporters Tuesday that he would be open to retroactively renewing expired tax credits that were included in legislation passed by the U.S. House of Representatives for a one-year period.

  • January 15, 2019

    CWA Shift Pushes Calif., States Toward Stricter Water Regs

    California is close to finalizing new protections for its wetlands in response to the Trump administration's proposal to redefine which waters are subject to federal Clean Water Act jurisdiction, leading the way for like-minded states that could use their considerable authority to counteract a new definition they see as inadequate.

  • January 15, 2019

    States, Tribes Back Swinomish In BNSF Appeal At 9th Circ.

    Three states and three tribes have urged the Ninth Circuit to uphold a lower court decision favoring the Swinomish Indian Tribal Community in its suit against BNSF Railway Co. over shipping crude oil across reservation land, saying federal law doesn’t pre-empt an easement pact and treaty rights are at stake.

  • January 15, 2019

    Senate Moves To Challenge Russian Oligarch Sanctions Deal

    The U.S. Senate pushed ahead Tuesday to potentially overturn a deal the Trump administration reached in December to ease sanctions against three companies controlled by a Russian oligarch with close Kremlin ties.

  • January 15, 2019

    FirstEnergy Customer Violated Ch. 11 Stay, Judge Rules

    An Ohio federal judge agreed Tuesday that a Pennsylvania-based auto parts manufacturer’s move to cancel its deal to buy power from a bankrupt FirstEnergy Corp. subsidiary violated the company’s right to maintain its contractual relationships throughout Chapter 11 proceedings.

  • January 15, 2019

    Boston Harbor Blasting Project Stalled After Eversource Balks

    A planned blasting project by the U.S. Army Corps of Engineers in Boston Harbor was stalled Tuesday just a day before it was set to begin after Eversource Energy made a pitch to a federal judge that the blasting could impact a power cable it has to install on a court-ordered timeline.

  • January 15, 2019

    Chimera Pump-And-Dump Conspirator Takes $3M Plea Deal

    One of the seven individuals charged in what prosecutors say is a $48 million stock manipulation scheme involving Chimera Energy Corp. and other companies has entered a plea agreement with the government that requires him to forfeit up to $3 million he earned from the alleged scam.

  • January 15, 2019

    McDermott Int'l Sued After Stock Drops 60% Post-Merger

    Houston-based engineering and construction company McDermott International Inc. has been hit with a proposed shareholder class action in Texas federal court alleging its failure to disclose the true cost of acquiring Chicago Bridge and Iron NV resulted in the company's stock price plummeting more than 60 percent.

  • January 14, 2019

    Supreme Court Skeptical Of TVA's Injury Immunity

    U.S. Supreme Court justices expressed skepticism Monday as to why the Tennessee Valley Authority should be deemed immune to a suit accusing the government-owned utility of causing a sports fisherman’s serious injury due to a power line incident.

  • January 14, 2019

    Jones Walker Snags Fowler Rodriguez Team In Merger

    Jones Walker LLP has absorbed the founding partner of fellow New Orleans-anchored international dispute firm Fowler Rodriguez, along with a group of attorneys versed in working with domestic and international maritime, energy and insurance clients on issues including infrastructure deals, immigration, tax matters, mergers and acquisitions, and international arbitration.

  • January 14, 2019

    10th Circ. Affirms Liberty's Win In Black Lung Coverage Row

    Liberty Mutual Fire Insurance Co. didn't breach any obligations to the ex-president of bankrupt Clemens Coal Co. when it failed to provide the company a policy with coverage for black lung disease claims, the Tenth Circuit affirmed on Monday, agreeing with a lower court that the former executive's case fails because the insurer owed no duty to him personally.

  • January 14, 2019

    EPA Right To Nix Houston, Dallas Air Controls, Texas Says

    Green groups are too late to challenge the U.S. Environmental Protection Agency’s revocation of certain ozone limits and pollution control requirements for the Houston and Dallas metropolitan areas, the Texas attorney general and industry groups have told the Fifth Circuit.

  • January 14, 2019

    Deals Rumor Mill: Etihad, Viacom, Saudi Aramco

    Etihad Airways reportedly plans to raise its stake in Indian carrier Jet Airways, Viacom is discussing a deal to sell off a majority stake in some of its operations in China and Saudi Aramco is likely to help fund its SABIC deal with a roughly $10 billion bond sale.

  • January 14, 2019

    Don't Confirm EPA Head During Gov't Shutdown, Enviros Say

    Nine environmental and left-leaning groups on Friday urged Republican Senate leaders to halt the confirmation process to promote acting U.S. Environmental Protection Agency Administrator Andrew Wheeler to permanent status while the government is still shut down.

  • January 14, 2019

    Ill. Residents Ask For Class Cert. In Oil Spill Row

    Two Illinois residents have asked a federal judge to certify a class of about 4,400 households located near the site of a 4,200-gallon crude oil spill from a pipeline built by Plains All American Pipeline LP, asserting that a common event linked the similar claims.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Constitutional Challenges To Pipeline Takings Face Obstacles

    Clay Massey

    In a petition to the U.S. Supreme Court, the plaintiffs in Berkley v. Mountain Valley Pipeline claim the Natural Gas Act does not preclude district court review of constitutional objections to the law. However, their arguments are at odds with Supreme Court precedent, says Clay Massey of Alston & Bird LLP.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • Discovery Confidentiality At Risk After Columbia Pipeline

    Arthur Bookout

    The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • In Pennsylvania, Drone Misuse Will Soon Be A Crime

    John Rafferty

    This Saturday, Pennsylvania will enact one of the most comprehensive collections of criminal penalties for drone infractions in the country. Businesses manufacturing, distributing or using drones in the state face new legal jeopardy, says John Rafferty of Gawthrop Greenwood PC.

  • How Coast Guard Reauthorization Affects Maritime Sector

    Darrell Conner

    The Frank LoBiondo Coast Guard Authorization Act of 2018, signed into law last month, modifies regulation of commercial vessel discharges, reauthorizes multiple maritime agencies, and makes important changes to safety and antitrust regulations, say attorneys and government affairs advisers with K&L Gates LLP.