• October 20, 2017

    Builder Opposes Stay In Bid To Toss $23M Arbitration Award

    Spanish construction firm Cobra Infraestructuras Hidraulicas SA has urged a Florida federal judge to deny a stay of its petition to vacate a $23 million arbitration award to a former subcontractor on a Guatemala hydroelectric project, saying a pending request for clarification cannot correct the tribunal's error.

  • October 20, 2017

    SunEdison Ch. 11 Plan Foes Seek Info On Rights Offering

    Two affiliated investors accusing SunEdison Inc. of using an exit financing agreement to buy creditor support for its Chapter 11 plan asked a New York bankruptcy court on Thursday to compel the renewable energy giant to hand over documentation related to the deal.

  • October 20, 2017

    US Trustee Waves Off Request For Seadrill Equity Committee

    The U.S. government's bankruptcy watchdog said Thursday there is no need to appoint a committee to represent the interests of Seadrill Ltd. shareholders in the company's Chapter 11 proceedings since no evidence has been provided that they might receive substantial recoveries.

  • October 20, 2017

    Enviros, Industry Seek Review Of EPA Recycling Rule Decision

    Environmentalists on Friday asked the D.C. Circuit to reconsider a panel decision striking down portions of the U.S. Environmental Protection Agency’s regulatory definition of solid waste, saying it scrapped an important part of the rule, while industry groups made their own case for rehearing.

  • October 20, 2017

    Energy Co. Bringing Turbines To Puerto Rico Faces Obstacles

    Shutts & Bowen LLP partner Harold Patricoff is no stranger to negotiating emergency deals for power generation around the world, but a recent $35 million contract to send two turbines to Puerto Rico to ease the power crisis there presented unprecedented communication challenges.

  • October 20, 2017

    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 energy, banking, real estate, construction and other industries filed against the Republic of the Gambia, Croatia, Montenegro, Armenia and Venezuela. Here are the latest claims at ICSID you need to know.

  • October 20, 2017

    7 Firms To Guide IPOs Topping $2.1B As October Heats Up

    Seven firms will guide six initial public offerings expected to raise more than $2.1 billion during the week of Oct. 23, extending a recent burst of activity that is putting October on pace to be the busiest month for deals since April.

  • October 20, 2017

    Bouchard Will Pay $13.3M To End Claims From Oil Barge Spill

    Bouchard Transportation Co. Inc. will pay $13.3 million, plus interest, to the federal government in connection with a 2003 incident that dumped 98,000 gallons of oil off the Massachusetts and Rhode Island coasts, according to an agreement filed Thursday in Massachusetts federal court.

  • October 20, 2017

    Deals Rumor Mill: Vitol, RWE, Airbus

    Vitol Group could pay about $1 billion for Noble Group's oil liquids business, RWE may buy a number of gas- and coal-fired plants owned by rival Uniper, and the U.K.'s business and energy secretary is in Canada to discuss a recently announced deal between Airbus and Bombardier.

  • October 20, 2017

    Gibson Dunn Adds Ex-Shearman & Sterling Energy Partner

    A former Shearman & Sterling LLP partner who focuses on energy projects and infrastructure has joined the ranks of Gibson Dunn & Crutcher LLP’s practice in San Francisco, the firm announced Thursday.

  • October 20, 2017

    EPA Shuns Biofuel Standard Changes In Win For Corn States

    The head of the U.S. Environmental Protection Agency on Thursday pledged to maintain the proposed amount of renewable fuels that must be blended into the nation's transportation fuel supply in 2018 and hold off on major changes to the agency's renewable fuels program, bowing to pressure from Midwestern senators representing corn-producing states.

  • October 20, 2017

    2nd Circ. Won’t Reconsider NY’s Nix Of $683M Gas Pipeline

    The Second Circuit said Thursday it will not review its August opinion upholding the New York State Department of Environmental Conservation’s decision to deny a water permit for a $683 million natural gas pipeline based on a lack of information provided by the project’s developer.

  • October 20, 2017

    Kazakhstan Accuses Investors Of Racketeering In $506M Feud

    Kazakhstan said Thursday it has launched a new front in its battle to overturn a $506 million arbitration award issued to two Moldovan businessmen after the country seized their liquefied petroleum gas plant, filing a racketeering lawsuit in D.C. federal court accusing the pair of fraudulently inflating their investments' value.

  • October 19, 2017

    Sierra Club Sues EPA For Missing Renewable Fuel Deadlines

    The Sierra Club on Thursday sued the U.S. Environmental Protection Agency, saying it has failed to update Congress on the environmental impacts of the Renewable Fuel Standard program, and failed to study whether increased ethanol use has adversely impacted air quality.

  • October 19, 2017

    Ex-HSBC Exec's Trial Over $3.5B Forex Deal In Jury's Hands

    Jury deliberations began Thursday in the trial of ex-HSBC foreign exchange executive Mark Johnson over claims he defrauded Scottish oil and gas developer Cairn Energy PLC via a $3.5 billion forex deal, with questions about Johnson's and a cooperating witness' testimony coming up late in the day.

  • October 19, 2017

    Pillsbury Adds Former Coats Rose Litigator In Houston

    A litigator from Coats Rose PC who focuses his practice on complex commercial disputes in the energy and construction industries has joined the Houston office of Pillsbury Winthrop Shaw Pittman LLP as a partner, the firm announced recently.

  • October 19, 2017

    PG&E Liable For $8M Landslide Damage, San Francisco Says

    The San Francisco city attorney hit Pacific Gas & Electric Co. with a negligence suit in superior court Wednesday, claiming the energy giant should be on the hook for damages — nearly $8 million and rising, the suit says — caused by a landslide resulting from the company’s shoddy work.

  • October 19, 2017

    Alta Mesa Agrees To Pay $4.57M To Settle Gas Royalty Row

    A putative class of royalty owners asked an Oklahoma federal judge on Wednesday to approve a settlement agreement that would require gas producer Alta Mesa to pay $4.57 million to end claims it underpaid royalties on gas wells in the state by taking improper deductions.

  • October 19, 2017

    Feds Sue Barge Operator Over New England Oil Spill

    The operator of a tank barge that ran aground nearly 15 years ago and spilled thousands of gallons of oil off the New England coast was sued Thursday by the federal government for pollution damages.

  • October 19, 2017

    Pa. Justices To Mull Limits Of Gas Well Impact Fees

    The Pennsylvania Supreme Court said Wednesday that it would consider whether to throw out a decision finding that natural gas wells that fall below a certain production threshold for one month of the year can skirt impact fees levied on drillers under state law.

Expert Analysis

  • FERC Order Signals States Can't Delay Pipeline Rulings

    James Bowe Jr.

    Last month, the Federal Energy Regulatory Commission ruled that the New York State Department of Environmental Conservation waived its authority under the Clean Water Act by failing to either issue or deny a water quality certificate for a gas pipeline within the statutory time frame. The order signals that FERC will not countenance state inaction on pipeline projects, say attorneys with King & Spalding LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Electric Vehicle Safety Regs: A Global Comparison

    Anurag Maheshwary

    Several recent developments will generate sustaining momentum for the electric vehicle industry, and the world’s leading automotive jurisdictions have been developing safety regulations for more than a decade. However, a cross-jurisdictional comparison reveals diverging regulatory philosophies and significant gaps, says Anurag Maheshwary, an attorney at the U.S. Department of Justice.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • On Second Thought: EFH Court's Extraordinary Move

    Steven Wilamowsky

    The Delaware bankruptcy court’s recent decision in Energy Future Holdings, granting a motion to reconsider a decision it made over a year ago and denying a breakup fee it had previously approved, is at once troubling and instructive, say Steven Wilamowsky and Sara Ghadiri of Chapman and Cutler LLP.

  • Human Rights Compliance: Best Practices For Energy Cos.

    Viren Mascarenhas

    International human rights laws and norms are increasingly helping to shape how energy companies conduct business all over the world. Businesses in the energy sector need to undertake systematic human rights due diligence, starting from the senior leadership and working through all levels of the supply chain, say Viren Mascarenhas and Kayla Green of King & Spalding LLP.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • How Will High Court Rule On IPR? Clues In A Thomas Dissent

    Kayvan Noroozi

    The U.S. Supreme Court is highly likely to find inter partes reviews constitutional in Oil States. The strongest indication lies in Justice Clarence Thomas’ 2015 dissent in B&B Hardware — a case that has received no substantive discussion in the hundreds of pages of briefing filed thus far, says Kayvan Noroozi, principal at Noroozi PC and CEO of Koios Pharmaceuticals LLC.

  • Enviro Rights: What's The Public Trust Role In Pa.?

    Philip Hinerman

    The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.