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Energy

  • August 20, 2018

    Influential Women In Energy Law: Diana Liebmann

    Diana Liebmann's more than 20-year career in transactional and regulatory energy law, which includes being in on the ground floor of efforts to deregulate the energy sector in Texas and helping the California State Assembly craft legislation to resolve that state's power crisis, has earned her a spot on Law360's list of Influential Women in Energy Law.

  • August 20, 2018

    Post-Harvey Coverage Suits Fall, But Causation Rows Linger

    One year after Hurricane Harvey battered large swaths of the Texas Gulf Coast, a new state insurance law appears to have curbed the amount of coverage litigation compared to previous catastrophic storms, but policyholders are still fighting legal battles over whether their property damage losses were caused by the hurricane's high winds or existing structural flaws. This article is the second in a series of stories about the anniversary of Hurricane Harvey.

  • August 20, 2018

    Turkey Becomes 9th WTO Member To Fight US Metal Tariffs

    Turkey has filed a World Trade Organization challenge to the Trump administration's steel and aluminum tariffs, becoming the ninth government to question the national security justification for the levies, according to a WTO document circulated Monday.

  • August 17, 2018

    1 Year After Harvey Houston Courts Sharing Space, Making Do

    Hurricane Harvey put Harris County's 21-story criminal courthouse out of commission almost one year ago, and the temporary fix of sharing docket time and courtroom space in the neighboring civil courthouse has meant struggles for plaintiffs, defendants, lawyers and judges alike. This article is the first in a series of stories about the anniversary of Hurricane Harvey.

  • August 17, 2018

    Bowles Rice, Insurer Resolve $41M Fight On Eve Of Trial

    Bowles Rice has resolved a $41 million fight with a title insurer stemming from a troubled coal plant build and averted a trial that was set to start Monday, according to a lawyer involved in the case, heading off what at least one expert said was a sizable threat to the firm in the face of its limited malpractice coverage.

  • August 17, 2018

    Mining Error Not A Covered Accident, Ky. Justices Rule

    A split Kentucky Supreme Court on Thursday ruled that American Mining Insurance Co. does not have to cover damages that resulted when a now-insolvent mining company wrongly extracted coal from a farmer’s property, reversing a state appeals panel and holding that the incident did not constitute an accidental occurrence for coverage purposes.

  • August 17, 2018

    Mining Exec Defaults In Oman's Suit Over $5.6M Award

    A Massachusetts federal court has told the owner of a U.S. mining company he has defaulted for failure to defend himself in a suit alleging he failed to pay any part of a $5.6 million arbitration award issued to the Sultanate of Oman in a limestone mining dispute. 

  • August 17, 2018

    Electric Co. Beats TCPA Suit Over Service Sign-Up Calls

    An Ohio federal judge axed a putative class action accusing National Gas & Electric LLC of violating the Telephone Consumer Protection Act by placing calls to prospective customers, ruling that the plaintiff’s decision during the first phone call to enroll in services cleared the way for the utility and its vendors to continue to contact him.

  • August 17, 2018

    US Takes Ex-HSBC Trader's Extradition Win To Top UK Court

    The U.S. is appealing the denial of extradition of a former HSBC foreign exchange trader to the U.K.'s highest court, prosecutors said Thursday, to face charges in New York alleging he and a colleague defrauded bank client Cairn Energy PLC by trading ahead of a $3.5 billion forex deal for the Scottish oil and gas developer.

  • August 17, 2018

    GE Must Face Retirement Plan Participants' Fiduciary Claims

    General Electric Co. will have to face allegations in Boston that it made inefficient and self-serving investments on behalf of some 240,000 employees participating in a company 401(k) retirement plan, a Massachusetts federal judge ruled on Friday.

  • August 17, 2018

    PG&E Fire Liability Has Calif. Considering Ch. 11 Alternative

    As wildfires again ravage swaths of California forests in what has become a deadly summer ritual, the threat of a Pacific Gas and Electric Co. bankruptcy looms over state lawmakers who are hastily debating how to apportion liability for billions of dollars' worth of damage stemming from last year's infernos.

  • August 17, 2018

    7th Circ. Won't Give Smart Meter Privacy Suit A Second Shot

    The Seventh Circuit on Thursday refused to revive a lawsuit accusing the city of Naperville, Illinois, of violating its residents’ Fourth Amendment rights by requiring the use of electrical meters that record data about usage, saying the government’s use of the data isn’t an unreasonable search.

  • August 17, 2018

    DC Circ. Vacates EPA Delay Of Chemical Safety Rule

    The D.C. Circuit on Friday threw out the U.S. Environmental Protection Agency’s 20-month delay of the effective date of an Obama-era chemical disaster rule written in the aftermath of fatal industrial accidents, saying the federal government’s actions “make a mockery of the statute.”

  • August 17, 2018

    Turkey Tariff Hike Adds Fuel To Battle Over Cold War-Era Law

    President Donald Trump’s decision to double his tariff on Turkish steel underscores the need to strike down the Cold War-era national security law that gave rise to the duties in the first place, importers challenging the statute told the U.S. Court of International Trade.

  • August 17, 2018

    Order Needed Now In Venezuela $1.2B Award Row, Miner Says

    Crystallex International Corp. pressed a Delaware judge to immediately issue an order allowing it to seize shares in Citgo Petroleum Corp. to enforce its $1.2 billion award against Venezuela, while the country's state-owned oil company angled for a pause during its pending appeal.

  • August 17, 2018

    Influential Women In Energy Law: Colette Honorable

    Colette Honorable's decade as a state and federal energy regulator helped earn her spot on Law360's list of Influential Women in Energy Law. But the Reed Smith LLP partner also wants her influence to result in more women of color serving as regulators, company leaders and law firm practice heads.

  • August 17, 2018

    Utah Tribal Leaders Want BLM To Halt Monument Plans

    The Utah Tribal Leaders Association passed a resolution asking the U.S. Bureau of Land Management to halt its expedited planning process for the two units that now make up the Bears Ears National Monument until litigation over President Donald Trump’s decision to reduce the size of the monument is resolved.

  • August 17, 2018

    Calif. Water Scraps Bid For Holding Co. After Offer Rejected

    California Water Service Group said Friday that it scrapped its bid to buy SJW Group, just hours after the water utility's roughly $1.44 billion revised takeover offer for the San Jose-based holding company was rejected.

  • August 17, 2018

    Taxation With Representation: Akin Gump, Wachtell, Kirkland

    In this week’s Taxation With Representation, Diamondback snapped up Energen for $9.2 billion, Federal Street Acquisition Corp. bought Universal Hospital Services for $1.7 billion, Cabot Microelectronics Corp. bought KMG Chemicals for $1.6 billion and Best Buy acquired GreatCall for $800 million.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

Expert Analysis

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • Top 5 NDAA Provisions On Energy And The Environment

    Rachel Jacobson

    On Monday, President Donald Trump will sign the 2019 National Defense Authorization Act. Buried deep within these acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy, say Rachel Jacobson and Matthew Ferraro of WilmerHale.

  • Delaware Court Offers Clarity On MFW Protections

    Scott Barshay

    The Delaware Court of Chancery's recent opinion in Olenik v. Lodzinski held that the parties to an acquisition had followed the road map for controller transactions to receive business judgment review under Kahn v. M&F Worldwide Corp. In so holding, the court provided helpful reminders about how best to achieve such protection, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Opportunity Zones Abound But Investors, Tread Carefully

    David Levy

    Opportunity zones, created under 2017’s Tax Cuts and Jobs Act, have the potential to be a powerful driver of investment activity in low-income communities throughout the U.S. But in order to benefit from the program’s capital gains tax exemption, investors must comply with a complex and somewhat unclear set of rules. Attorneys at Skadden Arps Slate Meagher and Flom LLP provide the details.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.