Energy

  • November 08, 2019

    Fusion GPS Target Says Judge Should 'Resign From Bench'

    A New York federal judge overseeing a human rights activist's suit over an alleged smear campaign run by Fusion GPS should "resign from the bench" and run for Congress, the activist told the Second Circuit, saying the judge was ignoring the law and enacting his own policy on racketeering claims.

  • November 08, 2019

    Venezuela Won't Prevail In Bid To Nix 2020 Bonds, Court Told

    Litigation filed by Venezuela's state-owned oil company to invalidate $1.68 billion worth of government bonds due to mature next year is "highly unlikely" to succeed, because payments were made on the bonds as recently as April, the trustee and collateral agent have told a New York federal court.

  • November 08, 2019

    Ga. City Says It Stopped Bundling Utilities, Wants Out Of Suit

    A Georgia city seeking dismissal of a suit accusing it of illegally tying its water and natural gas services together told a federal judge Tuesday that it scrapped the challenged ordinance after the Eleventh Circuit said it wasn't immune to antitrust claims.

  • November 08, 2019

    Arch Coal Colo. Mine Expansion Blocked By Federal Judge

    A Colorado federal judge on Friday blocked a planned expansion of an Arch Coal mine that would allow nearly 18 million tons of new coal to be removed, finding that the U.S. Department of the Interior flubbed its environmental review.

  • November 08, 2019

    Curtis Adds Ex-Freshfields Atty As Int'l Arb Partner In Dubai

    Curtis Mallet-Prevost Colt & Mosle LLP has gained a former Freshfields Bruckhaus Deringer LLP attorney who specializes in handling cross-border disputes for clients in the Middle East.

  • November 08, 2019

    Hess' Faulty Valve Suit Against Schlumberger Gets Trimmed

    Schlumberger Technology Corp. convinced a Texas federal judge to end one claim for damages brought by Hess Corp. in a suit seeking about $200 million in damages stemming from allegedly faulty offshore drilling valves it purchased, agreeing that Hess can't recoup damages for methanol contamination in one well that it admittedly caused.

  • November 08, 2019

    Belgian Court To Weigh Fraud In $506M Kazakh Award Fight

    A court in Belgium will consider over three days of hearings next week Kazakhstan's allegations that a half-billion arbitral award issued to two Moldovan oil and gas investors was procured by fraud days after the country submitted evidence that it says proves that the investors concealed facts from their auditors.

  • November 08, 2019

    EU High Court Pares Fine For One Firm In Recycling Cartel

    The European Court of Justice has cut in half the fine it imposed on one of three recycling companies punished for taking part in a cartel to fix prices for the purchase of car batteries from scrap dealers.  

  • November 08, 2019

    Frost Brown Lands Former Federal Contractors' GC

    Frost Brown Todd LLC has gained a member with 20 years of in-house and general counsel experience working mainly on government contracts for its Pittsburgh office, the firm has announced.

  • November 08, 2019

    EPA Watchdog Slams GC For Obstructing Info Requests

    The U.S. Environmental Protection Agency's inspector general criticized the agency's general counsel for saying that staffers have broad authority to refuse to cooperate with information requests and investigations from his office.

  • November 08, 2019

    EPA Defends Decision Not To Question Utah Coal Plant Permit

    The U.S. Environmental Protection Agency has told the Tenth Circuit that its decision not to require a Berkshire Hathaway-affiliated Utah coal-fired power plant to install additional pollution controls was a reasonable use of its Clean Air Act authority, despite the Sierra Club's claims to the contrary.

  • November 08, 2019

    Judge Refuses Recusal, Scolds Atty In Deepwater MDL

    A Louisiana federal judge on Friday rejected a call to recuse himself from multidistrict litigation surrounding the 2010 Deepwater Horizon oil spill and recommended a disciplinary proceeding against the attorney who wanted him off the case, saying the attorney may have violated the state rules of conduct.

  • November 08, 2019

    Trump Arctic, Atlantic Drilling Order Is Valid, 9th Circ. Told

    The federal government is urging the Ninth Circuit to revive President Donald Trump's bid to undo his predecessor's indefinite blockage of oil and gas drilling in large swaths of the Arctic and Atlantic oceans, saying an Alaska federal judge was wrong to invalidate the White House order.

  • November 08, 2019

    Racetrack Not Liable In $1B DC Solar Ponzi Suit, Says Owner

    A lawsuit from SunTrust Equipment Finance & Leasing Corp. is improperly trying to hold International Speedway Corp. liable for an alleged $1 billion DC Solar Ponzi scheme, the racetrack owner told a Florida federal judge Thursday.

  • November 08, 2019

    Taxation With Representation: Shearman, Skadden, Pillsbury

    In this week’s Taxation with Representation, Canada’s pension board acquires a California-based energy company for $6.1 billion, Stryker acquires Wright Medical Group for $4 billion, and aircraft component producer Kaman buys Bal Seal Engineering for $330 million.

  • November 08, 2019

    Ex-Alstom Exec Found Guilty On 11 Counts In Bribery Trial

    A jury found former Alstom SA executive Lawrence Hoskins guilty of a scheme to bribe Indonesian officials on Friday, convicting on all but one count in the long-awaited Foreign Corrupt Practices Act trial.

  • November 08, 2019

    Arsenal Resources Plans Quick Ch. 11 Reorganization

    West Virginia natural gas driller Arsenal Resources Development LLC hit Chapter 11 early Friday in Delaware with a plan to quickly execute a debt-for-equity swap with secured lenders that will wipe at least $360 million of secured debt off its books.

  • November 08, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen Maersk's Hong Kong unit sue AXA, Allianz and other insurers over cargo claims, the resurfacing of commercial fraud claims filed against a defunct sports rights agency and Allianz Global Investors drag RSA Insurance into court over a financial markets dispute. Here, Law360 looks at those and other new claims in the U.K.

  • November 07, 2019

    Chemical Cos. Fight FTC's Injunction Bid In Merger Challenge

    Two hydrogen peroxide manufacturers have urged a D.C. federal court to reject the Federal Trade Commission's effort to put the breaks on their $625 million tie-up, arguing that the agency misunderstands the market and ignored a proposed fix for the problems it had identified.

  • November 07, 2019

    Nuclear Exec Left Paper Trail Of Bribery Scheme, Feds Say

    The former president of a nuclear logistics company accused of fraudulently securing transportation contracts from a Russian uranium supplier discussed bribes in emails with a Russian official and wired him cash, expert witnesses for the government testified Thursday.

  • November 07, 2019

    $506M Award Suit Ruling Rested On 'Instinct': Kazakhstan

    Kazakhstan has urged the D.C. Circuit to revive its lawsuit against Moldovan investors who won a half-billion-dollar arbitral award that the country says is tainted by fraud, arguing that the lower court's ruling to nix the case "rests on nothing more than an instinct."

  • November 07, 2019

    PTAB Panel To Probe Rules For Rejecting Patent Amendments

    The panel that sets precedent for the Patent Trial and Appeal Board said Thursday it would review a case in which the board rejected a patent owner's bid to amend claims in an inter partes review for different reasons from the ones advanced by the petitioner.

  • November 07, 2019

    City Says It Wants A Role In Philly Refinery Ch. 11 Sale

    The city of Philadelphia filed a limited objection Thursday in Delaware court to the proposed bidding procedures of bankrupt refinery operator Philadelphia Energy Solutions, saying the size and nature of the facility to be sold requires input from the local government.

  • November 07, 2019

    Total Says Texas Co. Must Arbitrate Trade Secrets Suit

    Oil and gas giant Total SA told a Texas federal court Wednesday that a fuel delivery service startup must arbitrate its suit accusing a Total subsidiary of sharing its trade secrets with a rival business that the subsidiary was also an investor in.

  • November 07, 2019

    PG&E Says Wildfires, Blackouts Are Fiscal Risks

    Pacific Gas & Electric Co. told federal regulators Thursday that the possibility of new wildfire liability and a loss of reputation from power shutdowns done in an attempt to mitigate that liability are among the latest threats to its finances.

Expert Analysis

  • Digitalizing The Mining And Metals Global Supply Chain

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    More businesses in the mining and metals sector are considering blockchain to address challenges associated with mineral provenance and supply chain transparency, but it remains to be seen whether the technology can be harnessed to track performance standards related to human rights, labor practices and other factors, say attorneys at White & Case.

  • Can Business Conduct Establish A Partnership In Texas?

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    After hearing arguments last month, the Texas Supreme Court is poised to decide whether Energy Transfer Partners and Enterprise Products Partners entered into a partnership based on their conduct and statements. The case emphasizes the need to draft preliminary agreements carefully, says Ladd Hirsch of Winstead.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Pipeline Projects Face New Questions On Landowner Rights

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    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.

  • FERC Aims For A Better Tribal Consultation Process

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    The Federal Energy Regulatory Commission's recent amendments to its Policy Statement on Consultation with Indian Tribes in Commission Proceedings show the agency's commitment to consideration of tribal input in its decision-making, including on hydroelectric licensing, say Jody Cummings and Monique Watson of Steptoe & Johnson.

  • What CBP's Jones Act Changes Mean For Offshore Industries

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    U.S. Customs and Border Protection's recently proposed changes to its interpretations of the Jones Act — especially concerning the definition of "vessel equipment" — will have significant impacts on the offshore oil, gas and wind industries, says Charlie Papavizas of Winston & Strawn.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Kenya’s New Energy Tribunal: Best Of Both Worlds?

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    As Kenya begins to commercialize its oil reserves, it has created a new Energy and Petroleum Tribunal that offers a dispute resolution process combining elements of arbitration and litigation, says attorney Aaron Koenck.

  • SEC's Fraud Enforcement Shows Quality, If Not Quantity

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    Over the course of the U.S. Securities and Exchange Commission's recently ended fiscal year, the regulator's Division of Enforcement fulfilled its promise to emphasize quality over quantity in cases alleging misrepresentations of financial performance by covering a wide swath of accounting, disclosure, internal control and auditor independence issues, say attorneys at Perkins Coie.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • How DOJ Suit Could Affect Calif. Cap-And-Trade Plan

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    California's greenhouse gas emissions cap-and-trade program, currently linked to a similar program in Quebec, is likely to survive the Trump administration's recent lawsuit against it, but the case could still reshape federal-state relations and redefine the limits of state authority on the international stage, say attorneys at Beveridge & Diamond.

  • Minn. Feedlot Ruling Reflects Less Deference To Agencies

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    A proposed dairy expansion suffered a setback this month when a Minnesota appellate court insisted that greenhouse gas emissions must be evaluated during the project's environmental review. Cases like this may signal a shift toward less judicial deference to administrative decisions, says Nancy Burke of Saul Ewing.

  • An Internal Investigation Playbook For Energy Cos.: Part 3

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    Energy companies should prepare for internal investigations with a plan that evaluates the scope of the problem and carefully considers the roles of all stakeholders, say attorneys with King & Spalding.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.