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Energy

  • August 17, 2018

    Taxation With Representation: Akin Gump, Wachtell, Kirkland

    In this week’s Taxation With Representation, Diamondback snapped up Energen for $9.2 billion, Federal Street Acquisition Corp. bought Universal Hospital Services for $1.7 billion, Cabot Microelectronics Corp. bought KMG Chemicals for $1.6 billion and Best Buy acquired GreatCall for $800 million.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 17, 2018

    US Gov’t Tells High Court Wash. Tribe Must Pay Fuel Tax

    The U.S. Department of Justice has filed an amicus brief urging the U.S. Supreme Court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when importing that product onto its reservation.

  • August 16, 2018

    Recom AG Can't Yet Escape $1.9M Arbitration Award Dispute

    A New Jersey federal judge said Thursday that Recom AG can’t hide behind its U.S. branch as it seeks to avoid paying a $1.9 million arbitration award to a construction company, rejecting the German solar panel supplier’s bid to escape the dispute.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Geothermal Firm Fights Chancery Toss Of $110M Merger Suit

    Attorneys for a proposed class of investors in U.S. Geothermal Inc. asked Delaware Chancery Court to keep alive their challenge to the company's recent $110 million merger with Ormat Technologies Inc., alleging that self-interested moves by a large shareholder and director made for an unfair process.

  • August 16, 2018

    Rakoff Shaves Objector Atty's Fee Bid In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff has ruled that the Center for Class Action Fairness can have just a small fraction of the nearly $200,000 in attorneys' fees requested for it by its client, an objector to the $3 billion class action settlement resolving securities fraud claims against Brazilian oil giant Petrobras.

  • August 16, 2018

    Tax Groups Urge Court To Find Wash. Tribe Must Pay Fuel Tax

    Two tax organizations filed an amicus brief with the Supreme Court Thursday, urging the court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when operating outside its reservation.

  • August 16, 2018

    Venture Global LNG Snags $160M For Natural Gas Projects

    Virginia-based Venture Global LNG Inc. on Thursday said its most recent fundraising push brought in $160 million from investors, helping the liquid natural gas producer on its path to developing a pair of projects in Louisiana.

  • August 16, 2018

    Texas Court Won't Revive Hunt Heir Mortgage Fraud Case

    A Texas appeals court has handed a win to Hunt Petroleum Corp. heir Albert G. Hill III, ruling the trial court in his mortgage fraud case was within its discretion to compel the then-district attorney to testify and to dismiss the case with prejudice after he refused.

  • August 16, 2018

    Plants’ Poor Planning Caused Extra Pollution After Harvey

    Hurricane Harvey caused 8.3 million pounds of additional air pollution to be released from refineries and industrial plants, a total made worse by delays in shuttering some Houston-area facilities, according to a report released Thursday by the Environmental Integrity Project.

  • August 16, 2018

    Ex-BP Economist Gets Prison In Bitcoin Extortion Plot

    A former BP America Inc. economist who pled guilty to attempting to extort the company out of more than $300,000 by demanding bitcoin payment in exchange for not releasing classified documents was sentenced on Thursday by a federal judge in Houston to 27 months in prison.

  • August 16, 2018

    2nd Circ. Judge Has Blunt Take On La Quinta Stock-Drop Case

    The Second Circuit didn’t look keen Thursday to revive claims that La Quinta Holdings Inc. and a private equity backer duped investors by failing to adequately disclose the risk of oil and gas prices crashing, with Judge Gerard E. Lynch saying “any idiot” knows a hotel chain with a heavy presence in Texas is impacted by an energy-sector slump.

  • August 16, 2018

    Deals Rumor Mill: Babytree, Amazon, Midstates

    Babytree Group is looking to raise as much as $1 billion in a public offering in Hong Kong, Amazon is vying for theater chain Landmark Theaters, and Midstates Petroleum Co. is looking to buy the Oklahoma and Kansas operations of SandRidge Energy.

  • August 16, 2018

    4th Circ. Refuses Request To Halt Atlantic Coast Pipeline

    The Fourth Circuit has denied a request by environmental groups to halt construction on the 600-mile Atlantic Coast gas pipeline until the U.S. Fish and Wildlife Service can act on a permit, deciding that “such extraordinary relief is not needed at this time.”

  • August 16, 2018

    DOL, HHS Beat Sons' Suit For Father's Cancer Benefits

    A D.C. federal judge on Thursday tossed a suit alleging that the U.S. Department of Labor wrongly denied benefits to the sons of a former federal employee, who is now dead, holding that the two sons failed to seek a form of relief that would address the injury they claimed.

  • August 16, 2018

    Finnish Co. Can't Dodge Arbitration Over Engine Failure

    A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims.

  • August 16, 2018

    Influential Women In Energy Law: Jill Tauber

    Jill Tauber has based her law career around helping people and promoting justice, from assisting low-income New Orleans residents affected by Hurricane Katrina to advocating for clean energy in the Southeast region. She now leads Earthjustice’s Clean Energy Program, and has earned several key wins around issues like solar energy in Nevada and planning policies at the Federal Energy Regulatory Commission, making her one of Law360’s Influential Women in Energy Law.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    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 Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 16, 2018

    China Takes Broad WTO Swipe At US Clean Energy Rules

    The Chinese government has filed a pair of World Trade Organization cases challenging U.S. safeguard tariffs on solar panels as well as a series of state-level renewable energy rules that allegedly discriminate against foreign companies, according to WTO documents published Thursday.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • Top 5 NDAA Provisions On Energy And The Environment

    Rachel Jacobson

    On Monday, President Donald Trump will sign the 2019 National Defense Authorization Act. Buried deep within these acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy, say Rachel Jacobson and Matthew Ferraro of WilmerHale.

  • Delaware Court Offers Clarity On MFW Protections

    Scott Barshay

    The Delaware Court of Chancery's recent opinion in Olenik v. Lodzinski held that the parties to an acquisition had followed the road map for controller transactions to receive business judgment review under Kahn v. M&F Worldwide Corp. In so holding, the court provided helpful reminders about how best to achieve such protection, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.