• June 26, 2017

    Deals Rumor Mill: Landis & Gyr, Vapiano, Telefonica

    Two suitors remain in the battle to buy Swiss power meter manufacturer Landis & Gyr, Germany-based restaurant chain Vapiano could raise up to €184 million in an IPO this week, and Telefonica is mulling a flotation of its Argentine business.

  • June 26, 2017

    Judge Won’t Decertify Class After Win For Gas Developers

    Charter Land Co. LLC can’t get the class decertified in a suit against natural gas developer Southwestern Energy Co. and its subsidiaries alleging the companies violated certain lease provisions to scam money from royalty owners, an Arkansas federal judge ruled Friday before entering a final judgment affirming a jury’s verdict against the class.

  • June 26, 2017

    FERC Order Put Grid Projects On Table, If Not In Ground

    The Federal Energy Regulatory Commission's landmark regional transmission planning rule hasn't resulted in the significant development of electricity transmission envisioned when the order was enacted nearly six years ago, but former FERC officials say it's still been useful in forcing the electricity industry to think more broadly about the future of the U.S. grid.

  • June 26, 2017

    Divergence In Materiality Tests Narrower Than It May Seem

    Although the Second Circuit last week used strong language when it rejected a First Circuit test for assessing the materiality of certain financial information omitted from company registration statements, experts say the alternative laid out by the court sets an equally high bar for IPO investor suits.

  • June 26, 2017

    DC Circ. Won't Rehear Case On Wind Farm Power Contract

    The D.C. Circuit on Friday rejected a request by a wind farm and renewable energy advocates to rehear its decision that upheld the Federal Energy Regulatory Commission’s ruling that forced Portland General Electric Co. to purchase the wind farm’s power using a method the farm didn’t like.

  • June 26, 2017

    Supreme Court Won't Review EPA Boiler And Incinerator Rule

    The U.S. Supreme Court on Monday refused to consider an electricity wholesaler's bid to strike down the U.S. Environmental Protection Agency’s emissions rule for boilers and incinerators, which set standards that the company argued are impossible to meet.

  • June 26, 2017

    Judge Recommends Pausing Oil Field Suit For Arbitration

    A Texas magistrate judge on Friday recommended pausing for arbitration Carlton Energy Group LLC’s suit relating to an African oil field dispute potentially worth $1 billion, rejecting Carlton’s contention that PetroChina Co. Ltd. and related companies can’t agree to arbitrate because they weren’t part of an original contract. 

  • June 23, 2017

    Mayors Say Cities Must Take Lead On Fighting Climate Change

    The spotlight shined hot on climate change Friday as the U.S. Conference of Mayors convened in Miami Beach, with leaders of the nation's cities saying they must take the lead on environmental efforts in the face of federal retreat.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    Texas Justices Split On Deed Interpretation In Royalty Row

    The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.

  • June 23, 2017

    Fitch Says Eased Regs Won't Spur Lasting Energy Boom

    President Donald Trump’s promises to roll back federal environmental regulations are not expected to be a major driver of new oil and gas exploration and production but will more likely spark opposition among state and local regulators that could open companies up to long-term risk, Fitch Ratings has said.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Texas High Court Says Contract Law Rules In Royalty Row

    The Texas Supreme Court ruled unanimously against Samson Exploration LLC on Friday and said the company must pay royalties for a gas well’s production to two pooled units of royalty owners, deciding a lower court was right to assert that contract law governed the overlapping obligation.

  • June 23, 2017

    BNSF Seeks Clarity On Order In Tribe's Oil-Shipping Suit

    BNSF Railway Co. on Thursday asked a Washington federal judge to clarify a recent order disposing of one of the railroad’s defenses in a dispute over the right to ship crude oil across a Native American tribe’s land, saying the order could be read as more expansive than intended.

  • June 23, 2017

    Baker Botts Given Chance To Respond In $50B Yukos Row

    A D.C. federal judge Friday denied a bid by former Yukos Oil Co. shareholders looking to revive $50 billion arbitral awards to issue subpoenas to a Baker Botts partner without giving him a chance to fight them first, though a similar application in California relating to an Armenian attorney passed muster Thursday.

  • June 23, 2017

    Tidewater Confirmation Hearing To Be Delayed 3 Weeks

    A request by a recently formed committee of equity security holders to delay the confirmation hearing in the Chapter 11 case of offshore oil services firm Tidewater Inc. gained court approval Friday in Delaware, allowing the committee nearly three weeks of extra time to do its work.

  • June 23, 2017

    Ex-Lawmaker Cops To Taking Bribes To Fight EPA Cleanup

    A former Alabama state legislator agreed on Thursday to plead guilty to taking bribes from an executive at coal business Drummond Company Inc. and a local lawyer to oppose an Environmental Protection Agency cleanup plan that could cost the company millions.

  • June 23, 2017

    FTC Undertakes Rule Review, Mindful Of Trump’s Mandate

    The Federal Trade Commission on Thursday announced proposed changes to several regulations covering areas as diverse as how televisions are advertised and unwanted email advertising is regulated, with the possible modifications forming part of acting Chair Maureen K. Ohlhausen’s regulatory reform initiative and the commission’s commitment to regularly review regulations.

  • June 23, 2017

    Deals Rumor Mill: Shell, Eddie Bauer, Walmart

    A number of suitors are vying for $1 billion worth of New Zealand energy assets owned by Royal Dutch Shell, private equity-backed Eddie Bauer is mulling a sale, and Walmart is not likely to make a competing offer for Whole Foods despite rumors otherwise.

Expert Analysis

  • Miners Find Themselves In The Spotlight Once Again

    John Tivey

    As mining companies continue on their rapid recovery path from the commodity price downturn, the perceived sins of the past return to haunt management teams soon to be swimming in cash, say John Tivey and Rebecca Campbell of White & Case LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Series

    FERC At 40: Great Cases Make Bad Law

    Andrew Kleit

    Over the four decades of its existence, the Federal Energy Regulatory Commission has at times struggled to respond to new strategies by electric power market participants. Andrew Kleit, professor of energy and environmental economics at Pennsylvania State University, suggests that FERC's branding of certain practices as "manipulation" has been misguided, and may present further problems as markets continue to evolve.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Texas Affirms The Promise Of Off-Site Drilling


    It has become more and more common to see oil and gas operators drill their leases from off-site locations. Last month's decision by the Texas Supreme Court in Lightning Oil Company v. Anadarko E&P Onshore should be seen as a welcome development for operators seeking access to the surface overlying a neighboring lessee’s leasehold estate, say attorneys with Bracewell LLP.

  • Trump Cybersecurity Order Makes Electric Grid A Priority

    William DeGrandis

    Last month, President Donald Trump signed an executive order requiring a comprehensive review of the federal government’s cybersecurity risk management policies and procedures. The order is notable for its emphasis on the electric power industry. The comprehensive review this order requires may well trigger a significant response at agencies regulating the electric power industry, say attorneys with Paul Hastings LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • When 'I Pick, You Pick, They Pick' Goes Wrong

    Angela Zambrano Headshot.jpg

    In the “I pick, you pick, they pick” arbitration system, each party selects its own arbitrator, and those two arbitrators select a third. But the Texas Supreme Court's recent decision in Forest Oil v. El Rucio Land and Cattle demonstrates how this method can heighten rather than minimize the chance of an arbitral mistake, say Angela Zambrano and Robert Velevis of Sidley Austin LLP.