• August 17, 2017

    Jones Walker Adds Enviro Lawyers From Curry & Friend

    Jones Walker LLP has beefed up its environmental litigation practice in Louisiana with the addition of two attorneys from the New Orleans firm Curry & Friend PLC.

  • August 17, 2017

    EPA, Corps Extend Comment Period On Waters Rule Rollback

    The U.S. Environmental Protection Agency and the Army Corps of Engineers are giving the public more time to comment on a proposal to rescind an Obama-era rule defining the federal government’s permitting jurisdiction under the Clean Water Act, the agencies announced Wednesday.

  • August 17, 2017

    Manhattan Project Cleanup Contractor Owes $12.7M: 6th Circ.

    The Sixth Circuit on Thursday upheld a $12.7 million award for extra work carried out by a subcontractor that cleaned up the hazardous waste left behind from the Manhattan Project, but remanded the case to recalculate interest.

  • August 17, 2017

    Real Estate Rumors: Brenda Earl, Ronny Finvarb, Eni

    Former Zweig-Dimenna partner Brenda Earl has reportedly listed a New York Hamptons estate for $175 million, Florida developer Ronny Finvarb is said to have dropped $19.2 million on a Citibank branch and plans to build a hotel there, and Italian energy company Eni is said to have renewed its lease for roughly 16,000 square feet in Manhattan.

  • August 17, 2017

    Deals Rumor Mill: China Unicom, Hub International, Energen

    Shares of China Unicom have been suspended due to uncertainty related to details of the company's previously announced $11.6 billion fundraise, Hellman & Friedman is looking to sell a stake in insurance brokerage Hub International, and U.S. oil and gas exploration company Energen is being pressured by shareholders to sell.

  • August 17, 2017

    2nd Circ. Won’t Revisit Clean Energy Ruling Favoring Conn.

    The Second Circuit said Thursday it will not revisit its decision upholding Connecticut’s program for soliciting renewable energy projects and its renewable energy standard against a solar company’s challenge that the state’s regulatory efforts infringed on federal powers and were discriminatory.

  • August 17, 2017

    Venezuelan Oil Co. Decries Bid For Stock In $1.2B Award Row

    Venezuela's state-run oil company has slammed Canadian mining company Crystallex International Co.'s recent bid in Delaware federal court to seize shares of a U.S. corporation owned by it, a request Crystallex lodged in an effort to collect a $1.2 billion arbitration award against the country.

  • August 17, 2017

    Pipeline Co. Fights Order To Get Off Okla. Tribal Lands

    Enable Midstream Partners LP again urged an Oklahoma federal judge on Wednesday to lift an order to remove a natural gas pipeline from the property of a group of tribal landowners, saying the landowners haven’t given a persuasive reason why the company’s request shouldn’t be granted.

  • August 17, 2017

    PE-Backed Acquisition Co. Announces $3.8B Energy Tie-Up

    A private equity-backed acquisition company on Wednesday announced that it has agreed to merge with both an exploration and production company and a gatherer and processor of crude oil and natural gas to create a new company valued at $3.8 billion.

  • August 17, 2017

    Asset Manager To Pay $275K For Mischarging Fund It Advised

    Investment adviser Capital Dynamics Inc. has agreed to pay $275,000 to resolve allegations by the U.S. Securities and Exchange Commission that it violated federal securities laws by billing a solar power fund it managed $1.3 million in legal, hiring and consulting costs that it should have paid itself.

  • August 17, 2017

    SolarCity Must Face Cogenra's Unfair Competition Suit

    Elon Musk's solar power company SolarCity Corp. can't escape a competitor’s unfair and unlawful competition suit alleging it stole trade secrets after breaking a promise to partner because it’s plausible Cogenra Solar Inc. relied on that promise when it turned down offers from other interested parties, a California federal judge said on Wednesday.

  • August 17, 2017

    Ohio Regulators Affirm $204M FirstEnergy Subsidy

    The Public Utility Commission of Ohio on Wednesday affirmed FirstEnergy's ability to collect a $204 million annual subsidy over at least the next three years, deciding the money will provide the company with capital and enhance its financial health despite objections from environmental groups that called the subsidy unsound.

  • August 17, 2017

    Edison Int'l To Pay At Least $7.5M In Prolonged ERISA Row

    A California federal judge on Wednesday said that Edison International was liable for breaching its fiduciary obligations under the Employee Retirement Income Security Act to workers who claimed that the utility chose unnecessarily expensive retirement plans, accepting an agreement that leaves Edison on the hook for at least $7.5 million in damages.

  • August 16, 2017

    Calif. Urges Judge To Block Valero Energy Terminal Deal

    The state of California asked a federal judge at a hearing Wednesday for a preliminary injunction blocking Valero Energy Corp. from buying two petroleum terminals, saying it would hurt competition and raise fuel prices, while Valero warned that granting the request would kill the deal.

  • August 16, 2017

    Pa. Landowner Says Rival's Mining Permit Issued In Error

    A Pennsylvania landowner told the state’s Environmental Hearing Board on Wednesday that the Department of Environmental Protection improperly renewed a surface mining permit to a rival in the ash disposal business, saying the company had forfeited its bond for work on the site by failing to comply with previous requirements.

  • August 16, 2017

    EEOC Accuses Drilling Co. Of Age, Disability Bias

    The U.S. Equal Employment Opportunity Commission accused an Oklahoma-based oil and gas drilling company on Wednesday of refusing to hire qualified applicants for drilling rig positions who are over the age of 40 or who have filed workers’ compensation claims.

  • August 16, 2017

    Oxbow Chancery Trial Postscript Puts Koch Atty On Stand

    An attorney for private equity investors in William I. Koch’s Oxbow Carbon LLC pressed R. Robert Popeo, chairman of Mintz Levin Cohn Ferris Glovsky and Popeo PC, on Wednesday about alleged late-raised moves to avoid their cash-out demands, during questioning that closed out a six-day trial on the dispute.

  • August 16, 2017

    Sungevity Ch. 11 Dismissal Approved Over Trustee Objection

    The structured dismissal of a bankrupt solar panel installation company's Chapter 11 case received court approval Wednesday in Delaware after a judge determined it was the best option for the estate and complied with the priority payment provisions of the bankruptcy code.

  • August 16, 2017

    9th Circ. Rips Co. For Taking Mining Claims To Federal Court

    In a case with “unusual circumstances,” a Ninth Circuit panel on Wednesday said a lower court had abused its discretion by refusing to defer a case over mineral rights to state court, deciding that Montanore Minerals Corp. shouldn’t be able to circumvent state rulings by filing a federal action.

  • August 16, 2017

    NJ Enviro Regulator Blasts Atlantic Ocean Drilling Plan

    New Jersey’s environmental regulator voiced its opposition to the federal government’s proposal for offshore drilling in the Atlantic Ocean waters off the state’s coast, telling authorities on Wednesday that such industrialization could harm natural resources, coastal communities and the economy.

Expert Analysis

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • A Summer Update On FCPA: Part 1

    Michael Skopets

    July produced a small uptick in Foreign Corrupt Practices Act enforcement resolutions, including a U.S. Securities and Exchange Commission settlement with Halliburton — the first corporate disposition entered into by the Trump administration — and three individual enforcement actions, say Michael Skopets and Marc Bohn of Miller & Chevalier Chtd.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • 2nd Circ. Throws Wrench Into FCPA Enforcement

    Nicholas Berg

    The Second Circuit's far-reaching ruling in Allen will immediately impact the U.S. Department of Justice’s ability to prosecute individuals implicated in international investigations. The decision is likely to impact the Lava Jato Foreign Corrupt Practices Act investigation, as well as shape the DOJ’s future cooperation with governments in Latin America, say Nicholas Berg and Lindsey Sullivan of Ropes & Gray LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Future Of Calif. Cap-And-Trade Is Up To CARB

    Jerry Bloom

    The California Legislature recently passed Assembly Bill 398 into law, extending the state’s signature climate change policy — the cap-and-trade program — through 2030. Despite the many program changes in AB 398, the California Air Resources Board is left with broad implementation authority, say Jerry Bloom and Andrew Mayer of Winston & Strawn LLP.

  • Takeaways From New Sanctions On Iran, Russia, North Korea

    Simeon Kriesberg

    On Aug. 2, 2017, U.S. President Trump signed a wide-ranging piece of legislation expanding sanctions and imposing new ones on Russia, Iran and North Korea. Attorneys with Mayer Brown LLP explain the implications for companies.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.