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Energy

  • June 14, 2018

    Jury Must Decide If Shell, Alon Breached Easement: Judge

    A California federal judge refused Thursday to grant property owners a win on claims that pipelines owned by Shell Pipeline Co. and Alon USA Paramount Petroleum Corp. interfered with the landowners' use of their property and violated an easement contract, saying a jury should decide the matter.

  • June 14, 2018

    White & Case Snags King & Spalding Atty For Oil, Gas Group

    White & Case LLP announced Wednesday that it has boosted its global oil and gas industry group and global project finance practice by snagging a partner from King & Spalding LLP who will be based in Houston.

  • June 14, 2018

    Pa. Regulator Gives Sunoco Go-Ahead To Restart A Pipeline

    The Pennsylvania Public Utility Commission has given Sunoco Pipeline LP a partial win by allowing it to restart operations at a natural gas pipeline in the state, but also dealt the company a blow by continuing a halt on the construction of two others.

  • June 14, 2018

    EFH Plan Administrator Can Chime In On Allocation Fight

    The plan administrator tasked with overseeing disbursements from the estate of reorganized debtor Energy Future Holdings Corp. will be allowed to participate in a fight over how responsibility for funding hundreds of millions of dollars in distributions reserves and legal fees will be allocated among the debtor entities, a Delaware judge ruled Thursday.

  • June 14, 2018

    BLM Must Revisit Enviro Analysis For NM Oil Leases

    The U.S. Bureau of Land Management must set aside several oil and gas leases covering roughly 20,000 acres of the Santa Fe National Forest and redo part of its environmental analysis, a New Mexico federal judge said on Thursday, deciding its look at greenhouse gases was insufficient.

  • June 14, 2018

    Efforts To Enforce $2.6B Gas Row Award Halted In Sweden

    A Swedish appeals court on Wednesday suspended the enforcement of a $2.56 billion arbitral award issued to Ukraine's national oil and gas company following a contract dispute with Russian natural gas giant Gazprom, though the Ukrainian company vowed on Thursday to challenge the ruling.

  • June 14, 2018

    5th Circ. Urged To Revive Wrongful Death Insurance Row

    Indian Harbor Insurance Co. on Wednesday asked the Fifth Circuit to overturn a lower court’s ruling releasing Gray Insurance Co. from its duty to defend in a wrongful death suit after it reached an agreement with the survivors, saying the agreement didn’t end the suit.

  • June 14, 2018

    Solar Importer Acted Too Soon In Duty Challenge: Fed. Circ.

    The Federal Circuit ruled Thursday that solar panel importer Sunpreme Inc. moved too quickly in its bid to knock down tariffs on its purchases, finding that the company should have waited for an administrative ruling on its complaint before going to court.

  • June 14, 2018

    Sunoco Contractor Sues Over $300M Pipeline Contract Axing

    A contractor tapped to handle nearly $300 million worth of work on Sunoco LP's controversial Mariner East pipelines has filed suit in Pennsylvania state court, accusing the company of terminating its contract following a series of ultimately false promises that it would be allowed to move forward with construction.

  • June 14, 2018

    Commerce Chief Off To Hill To Explain Security-Based Tariffs

    Commerce Secretary Wilbur Ross will appear before the Senate Finance Committee next week to explain the administration's controversial use of a Cold War-era law to impose sweeping tariffs for national security purposes, the committee announced late Wednesday.

  • June 14, 2018

    SunEdison Investors Seek Class Cert. In Stock-Drop Suit

    Pension funds alleging bankrupt renewable energy developer SunEdison’s former executives and directors concealed liquidity and financing problems that ultimately caused share prices to drop asked a New York federal court Wednesday for class certification.

  • June 13, 2018

    EPA, Army Corps Sued Again Over Clean Water Rule Issues

    Several environmental organizations alleged that parts of the Clean Water Rule and the regulation delaying its implementation until February 2020 ran afoul of federal environmental laws in a suit against the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers filed in California federal court Wednesday.

  • June 13, 2018

    9th Circ. Upholds First Solar Win In Derivative Suit

    In a published opinion Wednesday, a Ninth Circuit panel affirmed the dismissal of a derivative shareholder suit against First Solar Inc. over allegations that some of its corporate officers approved documents concealing the existence of defects in company-made solar panels, finding the investors did not show demand futility.

  • June 13, 2018

    Apache Royalty Ruling 'Illogical,' Texas Justices Hear

    Devon Energy Production Co. LP has urged the Texas Supreme Court to reverse a ruling it’s solely liable to pay royalties on oil and gas produced from wells drilled by Apache Corp., arguing the lower court’s decision is “as far-reaching as it is illogical” and will impact thousands of energy companies and royalty owners.

  • June 13, 2018

    Trump Makes New Pick For Enviro Council Chair

    President Donald Trump on Tuesday said he intends to nominate the White House Council on Environmental Quality’s current chief of staff to chair the group — his second try at filling the position after his first nominee failed to gain Senate approval.

  • June 13, 2018

    Questions Continue To Swirl Around Intra-EU Treaty Claims

    An arbitral tribunal has ruled that a monumental decision from Europe's highest court does not preclude a claim brought against Spain by a Dutch investor, but experts say that doesn't mean that other European investors with similar claims should believe that a path to victory has been cleared.

  • June 13, 2018

    Jones Day Snags Clean Energy Atty From Goodwin Procter

    Jones Day has hired a clean energy attorney from Goodwin Procter LLP who has experience helping clients focused on a range of technologies from energy storage to nuclear power as a partner located in Boston, the firm announced Wednesday.

  • June 13, 2018

    Fed. Circ. Upholds PTAB's Save Of Transocean Patents

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision that rejected challenges to three Transocean patents covering offshore drilling technology, an invention the PTAB said “moved the industry.”

  • June 13, 2018

    2nd Circ. Hands ING Bank A Win In Marine-Fuel Lien Dispute

    A Manhattan federal judge erred in quashing ING Bank's lien on a ship's fuel bill and also in entering an "ill-advised" grant of summary judgment in favor of the vessel, the Second Circuit held Wednesday, issuing a reversal in a money fight flowing from the bankruptcy of shipping fuel provider O.W. Bunker.

  • June 13, 2018

    Industry Groups Ask Judge To Sink Clean Water Act Rule

    A large group of industry advocacy organizations on Tuesday urged a North Dakota judge to strike down a controversial Obama-era rule defining the Clean Water Act’s reach.

Expert Analysis

  • Opioid MDL Order Shows Need For Broad Funding Disclosure

    Alex Dahl

    The judge in the national opioid multidistrict litigation recently ordered lawyers to disclose whether their cases are financed by third parties. This has drawn attention to courts’ responsibility to address problems surrounding third-party litigation funding, but a uniform funding disclosure requirement would be more effective, says Alex Dahl of Strategic Policy Counsel PLLC.

  • Marine Businesses, Get Ready For Hurricane Season

    Matthew Guy

    Hurricane season in the Gulf of Mexico runs from June 1 to Nov. 30. The start of the season is a good time for vessel owners, shipyards, marinas, other marine businesses and their insurers to consider the risks, and make sure they have plans already in place when a storm approaches, says Matthew Guy of Adams and Reese LLP.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • 3 Ways FERC Could Increase Pipeline Review Transparency

    Barbara Jost

    The Federal Energy Regulatory Commission recently solicited public comments on whether to revise its policies governing approval of new natural gas pipelines. This may not ultimately result in significant revisions to pipeline approval procedures. But a few simple changes could enhance public confidence in pipeline siting, says Barbara Jost of Davis Wright Tremaine LLP.

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.