Energy

  • April 19, 2018

    NextEra Fights To Keep $275M Termination Fee At 3rd Circ.

    NextEra Inc. urged the Third Circuit on Thursday to reinstate a $275 million termination fee it won after its deal to buy assets from Dallas-based Energy Future Holdings Inc.’s Chapter 11 estate fell through, arguing that there was no manifest error plaguing the award that warranted its later reversal.

  • April 19, 2018

    ENGlobal, NASCO Denied Quick Wins In Plant Contract Row

    A Texas federal judge on Thursday refused to toss Native American Services Corp. counterclaims lobbed at ENGlobal U.S. Inc. in a dispute over a biomass power plant project contract, finding there was conflicting evidence relevant to deciding if either party breached the deal.

  • April 19, 2018

    Climate, Contracts On Table In FERC Pipeline Policy Revamp

    The Federal Energy Regulatory Commission on Thursday formally kicked off a review of its nearly 20-year-old natural gas pipeline approval policy, and commissioners said they're eager to tackle issues including FERC's reliance on developers inking gas shipping contracts and what role climate change should play in evaluating a project's need.

  • April 19, 2018

    EPA's Top Lawyer Trades Jabs With Enviros At ABA Talk

    The U.S. Environmental Protection Agency’s top lawyer on Thursday dismissed as “sound bites” a Sierra Club attorney’s criticism of the EPA’s deregulatory agenda and dodged questions about whether the agency will rethink an important finding that carbon dioxide poses a danger to human health and the environment.

  • April 19, 2018

    Russia Joins WTO Fray Over US Steel, Aluminum Tariffs

    The Russian government added its name Thursday to the growing list of countries questioning the Trump administration’s national security-based tariffs on steel and aluminum, following the lead of numerous other nations that have opted to treat the duties as safeguard measures.

  • April 19, 2018

    Chubb Wins UK Appeal To Keep Arbitrator In Deepwater Case

    A London appeals court ruled on Thursday that insurer Chubb could keep its arbitrator in a dispute with U.S. oil services corporation Halliburton over hundreds of millions of dollars following the 2010 explosion on the Deepwater Horizon rig.

  • April 18, 2018

    Tribes' Bid For More Consultation In DAPL Review Denied

    A D.C. federal judge has denied two tribes' request to be consulted more on an oil spill response plan for the controversial Dakota Access pipeline, saying the issue was mooted by the plan's submission.

  • April 18, 2018

    NuStar GP Investor Seeks To Halt $7.9B Restructuring Deal

    Two months after reaching a merger agreement to restructure Texas-based NuStar Energy LP, an investor in NuStar’s holding company asked a Delaware federal judge on Tuesday halt the deal, claiming a proposed class of investors are still in the dark about how the $7.9 billion partnership was reached.

  • April 18, 2018

    A Flood Of Tariff Exemption Bids Is Giving Attorneys Fits

    As importers and foreign producers scramble for a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum, attorneys are beginning to confront the challenges in navigating a bureaucratic process that has already been overrun with a wave of exclusion requests.

  • April 18, 2018

    Norton Rose Accused Of Client Betrayal In Energy Deal Talks

    A Florida-based energy finance company sued Norton Rose Fulbright and one of its former lawyers in New York court Tuesday for allegedly sharing confidential information about a possible power plant acquisition with a potential competitor.

  • April 18, 2018

    Golf-Course Stock Tipper Gets Supervised Release Slashed

    A former stone salesman who spent about a year in prison for passing around nonpublic stock tips during rounds of golf can get out of a second year of supervised release to pursue a new career in Florida real estate, a federal judge in Massachusetts ruled Wednesday.

  • April 18, 2018

    Girardi Can’t Use Atty-Client Relationship To Nix Class Claims

    A California judge on Wednesday denied Girardi Keese’s bid to strike class claims from a suit seeking an accounting of $120 million in settlements from an oil contamination case, ruling the firm’s attorney-client relationship with the proposed class isn’t grounds for ruling out the possibility of certification.

  • April 18, 2018

    Enviros' Suit Over EPA Plant Effluent Rule Nixed As Moot

    A Washington, D.C., federal judge on Wednesday tossed a lawsuit in which environmental groups challenged the U.S. Environmental Protection Agency’s postponement of an Obama-era rule that set limits on how much toxic metal can be discharged with power plants’ wastewater, siding with the agency by finding it moot.

  • April 18, 2018

    Exxon Climate Probes Greenlighted By Courts: What's Next

    Now that state and federal courts have slammed the door on efforts by Exxon Mobil to block climate change probes launched by attorneys general from New York and Massachusetts, experts say the battleground for prosecutors and the oil giant will shift to exactly what information Exxon has to turn over and whether that information is enough to justify formal litigation. Here's an overview of where the investigations stand and where they could go from here.

  • April 18, 2018

    India Eyes Spot In China-US Trade Standoff

    India urged China to let it join Beijing’s challenge at the World Trade Organization over President Donald Trump’s tariffs on imported steel and aluminum, the same day the WTO unsealed documents detailing that the Trump administration would honor China’s request to hold bilateral talks.

  • April 18, 2018

    Total To Pay $1.7B For French Utility Direct Energie

    French energy giant Total said Wednesday that it will buy Paris-based utility Direct Energie in a €1.4 billion ($1.7 billion) deal, strengthening the company’s presence as an electricity provider in France and Belgium.

  • April 18, 2018

    Third Time's The Charm For Class In Pipeline Oil Spill Suit

    A California federal judge on Tuesday certified a class of property owners and lessees who sued Plains All American Pipeline LP after a massive 2015 spill befouled the California coast, giving the class a green light after rejecting two previous attempts at certification.

  • April 18, 2018

    ATP Vendors' Mineral Liens Void, 5th Circ. Says

    The Fifth Circuit on Tuesday rejected an attempt by creditors of bankrupt ATP Oil and Gas Corp. to collect on liens from the current owner of ATP’s offshore royalty rights, saying that while state law allowed the liens, it also contained a provision shielding the new owner.

  • April 18, 2018

    GOP Sens. Voice Concerns On Groundwater Permit Regs

    The Senate Committee on Environment and Public Works held a hearing on Wednesday concerning the federal government’s proper role in preventing groundwater pollution under the Clean Water Act, with Republicans on the committee expressing concern over the government exerting too much authority.

  • April 18, 2018

    Construction Co. Ordered To Pay $10M In Gold Mining Row

    A Virginia federal judge on Wednesday ordered a Seychelles-based mining contractor to pay more than $10 million in arbitral awards and fees to a Liberian mining company in a dispute over a gold mine project, agreeing with a magistrate judge's recommendation from earlier this month.

Expert Analysis

  • The Many Challenges Facing Venezuela Bribery Suit: Part 2

    Richard Cooper

    Resolution of the standing issues raised in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA may have implications not just for this case, but for whether PDVSA may be bound by the Venezuelan government to any future debt restructuring, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • How Is EPA's New Source Review Guidance Helpful?

    Richard Alonso

    The U.S. Environmental Protection Agency recently issued a memo reinterpreting regulations that determine when a project could trigger new source review. In this new policy directive, the EPA is now reinterpreting its existing regulations to allow sources to use this type of project analysis to assess whether an NSR permit is required, say attorneys with Sidley Austin LLP.

  • The Many Challenges Facing Venezuela Bribery Suit: Part 1

    Richard Cooper

    The documents filed thus far in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA make clear that the standing issues in this case are complicated. The case also presents questions as to whether it will have implications for financial creditors of PDVSA and the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Trump Tariffs May Violate Investment Treaty Protections

    Javier Rubinstein

    Foreign companies affected by the America First tariffs should consider the extent to which such tariffs may violate their rights under applicable investment treaties or free trade agreements, and thus may provide them with recourse in international arbitration for the harm they have suffered, say Javier Rubinstein and Lauren Friedman of Kirkland & Ellis LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • New Russian Oligarch Sanctions Will Require Prompt Action

    Grant Leach

    Last week, the U.S. Treasury Department's Office of Foreign Assets Control added several Russian oligarchs, political officials and businesses under their control to its Specially Designated Nationals and Blocked Persons List. These sanctions will likely impose serious compliance challenges for both U.S. and non-U.S. persons doing business with Russia, say attorneys with Husch Blackwell LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.