• March 16, 2018

    Commerce Sheds Light On Steps For Metal Tariff Exemptions

    The U.S. Department of Commerce released on Friday the procedures that U.S. importers must follow to exempt specific products from the Trump administration’s impending tariffs on steel and aluminum, a move that came as companies and governments continued to lobby feverishly to scale back the duties.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Pa. Revenue Agency Asserts $3.8B Tax Claim In PES Ch. 11

    Pennsylvania revenue officials lodged a preemptive $3.8 billion tax claim against bankrupt Philadelphia Energy Solutions LLC on Friday, along with an objection to the big refinery’s prepackaged, high-speed Chapter 11 reorganization.

  • March 16, 2018

    Calif. Climate Suits Sent Back To State Court In Fed Split

    A California federal judge Friday sent back to state court climate change torts lodged by a trio of municipalities against dozens of oil, gas and coal companies, creating a split with another judge who’s said similar suits filed by San Francisco and Oakland belong in federal court.

  • March 16, 2018

    Deals Rumor Mill: Toys R Us, Meredith Corp., SIG Combibloc

    Toys R Us has its eyes on a deal for its Asian unit, media giant Meredith Corp. tapped advisers to help it explore a deal to sell its Time, Fortune, Money and Sports Illustrated magazines, and SIG Combibloc is planning to list on Zurich’s stock exchange in autumn.

  • March 16, 2018

    Colonial Pipeline To Put Up $3.3M In Ala. Gas Spill Settlement

    Colonial Pipeline Co. has agreed to a $3.3 million settlement with Alabama to resolve claims related to gasoline pipeline ruptures and other releases in the state, the Alabama attorney general’s office said Thursday.

  • March 16, 2018

    Ga. Plant Owners Seek Return Of Cash From Westinghouse

    Georgia Power, co-owner of a nuclear power project whose fate has been intertwined with Westinghouse’s bankruptcy, told a New York bankruptcy court on Thursday that proposed Westinghouse reorganization plan language should be revised to reflect that the plant’s owners have dibs on up to $57.5 million sitting in a bank account.

  • March 16, 2018

    Enron Debt Investors Push Back On Banks' Quick Win Bids

    A group of investment funds seeking to hold Merrill Lynch, Deutsche Bank and Credit Suisse responsible for losses stemming from the infamous 2001 collapse of Enron Corp. have urged a New York federal judge to let their 15-year-old case proceed to trial, battling back against the banks’ latest efforts to slip the suit.

  • March 16, 2018

    FERC Pursues Utility, Pipeline Rate Changes Amid Tax Cuts

    The Federal Energy Regulatory Commission on Thursday said it is taking action to make sure that proper adjustments are being made in the electric and energy sectors to ensure rates are fair in the wake of the tax reform measure that Republicans passed last year.

  • March 16, 2018

    Troutman Nabs Ex-Van Ness Feldman Hydropower Pro

    Troutman Sanders LLP has snagged a partner from Van Ness Feldman for its energy practice who has more than 20 years of expertise in the hydropower sector and will work from its Washington, D.C., office.

  • March 16, 2018

    ICSID Roundup: The Latest Claims You Need To Know

    It's been a busy few weeks at the International Centre for Settlement of Investment Disputes, with new claims in the construction, energy, banking, media and tourism industries filed against the republics of Azerbaijan, Colombia and Turkey, the Kingdom of Morocco, and the State of Kuwait. Here are the latest claims at ICSID you need to know.

  • March 16, 2018

    DC Circ. Backs FERC Denial Of Utility Rate Revamps

    The D.C. Circuit on Friday said the Federal Energy Regulatory Commission’s reasoning was faultless in concluding that rate changes proposed by utility NorthWestern Corp. for generation services designed to smooth out short-term spikes and dips in electricity demand were unjust and unreasonable.

  • March 16, 2018

    Sunoco Faces Class Action Over Pa. Pipeline Work Damage

    The owners of two suburban Philadelphia homes launched a class action against Sunoco Inc. on Thursday alleging that construction of the company’s controversial Mariner East 2 pipeline caused significant property damage and left them at risk of possible catastrophic explosion.

  • March 16, 2018

    DC Circ. Won't Rethink Freedmen Descendants' DOI Suit

    The D.C. Circuit on Friday stood by its recent refusal to revive a proposed class action brought by descendants of slaves held by Native American tribes, who claimed the U.S. Department of the Interior owes them royalties from land granted to their ancestors.

  • March 16, 2018

    DC Circ. Shuts Down Part Of EPA Boiler Rule

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency did not adequately justify its decision to raise allowable carbon monoxide emission levels from industrial boilers, a win for environmentalists that challenged the move.

  • March 16, 2018

    5th Circ. Lifts Block On La. Pipeline Project Amid Appeal

    A divided Fifth Circuit panel on Thursday unfroze construction of a crude oil pipeline connected to the controversial Dakota Access pipeline while a Louisiana federal judge's injunction is appealed, with the majority saying it appears that the injunction shouldn't have been granted.

  • March 16, 2018

    Cigna Reaches Deal To End Behavioral Health Benefits Suit

    Cigna Health and Life Insurance Co. has agreed to settle a suit alleging it violated the terms of a San Diego-based energy company’s employee welfare benefit plan by denying behavioral health benefits for an individual with mental health issues.

  • March 16, 2018

    Texas High Court Won’t Revisit Exxon Win In Age Bias Suit

    The Texas Supreme Court on Friday refused to hear a former Exxon Mobil employee’s age discrimination and retaliation appeal, keeping in place an appellate court opinion that affirmed a quick win for the oil giant and said there was evidence that poor performance was the reason for the dismissal.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

Expert Analysis

  • 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.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • No Bright-Line Rule For 'Telework' As ADA Accommodation

    Alexis Ronickher

    As technology has evolved to make telecommuting possible in more types of jobs, so too has the answer to the question of whether it's a reasonable accommodation under the Americans with Disabilities Act. However, as demonstrated by two recent Sixth Circuit decisions, at least one pattern can be discerned in these types of cases, say Alexis Ronickher and Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.