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Energy

  • November 16, 2018

    Ion PTAB Wins Can't Kill $93M Jury Award, Fed. Circ. Hears

    Ion Geophysical Corp. can't escape a $93.4 million lost-profits jury award over technology used for oil exploration beneath the ocean floor even though several of rival firm Schlumberger Ltd.'s related patent claims were struck down, Schlumberger told a Federal Circuit panel Friday.

  • November 16, 2018

    Enviros, Tribes Fight To Save Trump Monument Suits

    Environmental groups and Native American tribes fought back against the federal government’s bid to dodge their lawsuits challenging President Donald Trump’s decision to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • November 16, 2018

    House Passes Bill Removing Gray Wolf ESA Protections

    The House of Representatives passed a bill Friday that would remove Endangered Species Act protections for the gray wolf in Wyoming and the Western Great Lakes region and require a federal rule to remove protections for the species nationwide.

  • November 16, 2018

    Texas Justices Mostly Back Equipment Cos. In 4 Tax Cases

    The Texas Supreme Court on Friday affirmed the constitutionality of state tax code sections on the valuation of heavy equipment, and that the statutes apply to pipeline compressors used to transport natural gas.

  • November 16, 2018

    Texas High Court Won’t Review $17M Power Plant Award Row

    The Texas Supreme Court on Friday said it would not take up a bid by Dixie Equipment LLC to review a ruling against it in an arbitration dispute over the construction of a power plant in Mexico, leaving in place a $16.6 million award.

  • November 16, 2018

    Energy Co. Can't Keep Pipeline On Tribal Lands: 10th Circ.

    A Tenth Circuit panel on Thursday backed a lower-court's decision to dismiss a suit by a gas pipeline company against a group of landowners in Oklahoma, saying the company cannot condemn land and take control of it if the United States holds the land in trust for an Indian tribe.

  • November 16, 2018

    EPA's Renewable Fuels Policy Leads To Court Morass

    Few federal energy and environmental policies are as fiercely fought over in court as the U.S. Environmental Protection Agency's Renewable Fuel Standard program, which requires an increasing amount of renewable fuels to be blended into the U.S. transportation fuel supply. Here's a look at where major RFS-related litigation stands and an update on whether a congressional solution to the legal standoff is in the cards.

  • November 16, 2018

    SEC, CFTC Sue Over Alleged $170M Metals Ponzi Scheme

    The Commodity Futures Trading Commission, U.S. Securities and Exchange Commission and Utah’s securities regulator filed civil enforcement actions and obtained a temporary restraining order this week against a retail coin shop accused of defrauding at least 200 investors out of more than $170 million through a precious metals Ponzi scheme.

  • November 16, 2018

    Trump Says Acting EPA Chief Should Take Reins Officially

    President Donald Trump said Friday that he intends to nominate U.S. Environmental Protection Agency acting Administrator Andrew Wheeler to stay in the job for the long haul.

  • November 16, 2018

    Texas Justices To Review Conspiracy Time-Limit Rule

    A case that a lower appellate judge argued would give the Texas Supreme Court a chance to clarify “murky” and “muddled” precedent that sets a two-year limit to bring civil conspiracy claims will be argued before the state's high court in January, the justices announced Friday.

  • November 15, 2018

    $150M Ch. 7 Deal To Free Ampal From Egypt Gas Row OK'd

    Ampal-American Israel Corp. received permission Thursday from a New York bankruptcy judge to enter into a deal that will allow the company to exit arbitration hearings involving Egypt and two state-owned oil and gas companies and give a boost of about $150 million to the company’s Chapter 7 estate.

  • November 15, 2018

    Goodwin Taps Ex-Gunderson Pro With Capital Markets Chops

    Global law firm Goodwin Procter LLP said it has hired a former Gunderson Dettmer capital markets attorney with extensive experience in the life sciences, telecommunications and technology industries to strengthen Goodwin’s technology companies, life sciences and capital markets practices.

  • November 15, 2018

    Fed. Circ. Says ArcelorMittal Steel Patent Suit Not Barred

    The Federal Circuit has revived a patent infringement suit lodged by ArcelorMittal over certain steel sheets used in auto parts, ruling that the case wasn’t barred after finding it involved products that were substantially different from those at issue in earlier litigation.

  • November 15, 2018

    Power Retailer Seeks Del. Ch. 11 To Ward Off Mass. Suit

    Massachusetts retail electricity supplier Starion Energy Inc. sought refuge in Delaware bankruptcy court late Wednesday, saying it needed a Chapter 11 shield while battling a Commonwealth consumer protection action that threatened the business and more than $30 million of its cash.

  • November 15, 2018

    Ex-Deutsche Bank Traders Say Spoofing Isn’t Wire Fraud

    Two former traders at Deutsche Bank urged an Illinois federal court Wednesday to dismiss the government's allegations that a spoofing scheme constituted wire fraud, saying they didn't make any false statements or material misrepresentations.

  • November 15, 2018

    Enviros Can't Use CWA In Fight Over Ill. Plant's Coal Ash

    An Illinois federal judge has rejected an environmental group’s attempt to use the Clean Water Act to go after a coal-fired power plant owner that the group claims has let pollutants in its coal ash contaminate a nearby river.

  • November 15, 2018

    Crabbers Snap At Energy Cos. With Calif. Climate Tort

    A coalition of fishermen’s groups Wednesday sued Chevron Corp., Exxon Mobil Corp. and other energy companies, blaming them for contributing to ocean damage caused by climate change, which they say has forced the closure of lucrative crab fisheries off the coasts of California and Oregon.

  • November 15, 2018

    Suniva Says Deal Reached Over Creditor Dispute In Del. Ch. 11

    Bankrupt solar cell maker Suniva Inc. said a deal was reached late Wednesday with prepetition lenders it has been engaged in disputes with over production equipment at the debtor's Georgia facility that should clear the way for more post-petition financing and the company's Chapter 11 plan to move forward in Delaware.

  • November 15, 2018

    Danish Energy Co. Wins €11M Following Dispute With Spain

    Danish renewable energy firm Athena Investments A/S said Wednesday that an international tribunal has awarded it €11 million ($12.47 million) in a dispute with Spain over the revocation of certain renewable energy subsidies, marking another loss for the country in a slew of similar cases.

  • November 15, 2018

    FERC Nominee Ducks Recusal Calls Over Trump Coal Bailout

    Federal Energy Regulatory Commission nominee Bernard McNamee on Thursday resisted U.S. senators' calls to recuse himself from future electricity grid resiliency issues faced by the regulator, even though he helped craft a Trump administration plan to prop up coal and nuclear power plants that FERC rejected.

Expert Analysis

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • 5th Circ. Takes A Broad View Of Vessel 'Operators'

    Andrew Stakelum

    In its recent ruling in United States v. Nature’s Way Marine, the Fifth Circuit may have expanded the class of marine parties potentially liable under the Oil Pollution Act, says Andrew Stakelum of King & Spalding LLP.

  • Planning For The UK Nuclear Industry Beyond Brexit

    Ian Truman

    The government of the United Kingdom recently issued its proposal for nuclear trade and collaboration with the European Union after Brexit. But future arrangements for the supply of nuclear fuel may not be finalized until after the U.K. leaves the EU, says Ian Truman of Burges Salmon LLP.

  • Speedier Enviro Reviews For Transpo Projects May Be Ahead

    Samina Bharmal

    The U.S. Department of Transportation recently issued a rule that could create a faster, less duplicative environmental review process for transportation infrastructure projects. Samina Bharmal and Peter Whitfield of Sidley Austin LLP provide insight into its key features.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Lessons From FERC Staff Reversal In Footprint Power

    Todd Mullins

    The Federal Energy Regulatory Commission's enforcement staff recently recommended that FERC drop a case against Footprint Power LLC. This may be an effort to address criticism that the enforcement process has become a guaranteed win for the commission, say Todd Mullins and Christopher McEachran of McGuireWoods LLP.