• October 13, 2017

    Solar Co. Suniva Gets OK For $3M Boost To DIP Loan

    A Delaware bankruptcy judge on Friday allowed solar panel maker Suniva Inc. to take on roughly $3 million in additional post-petition financing the debtor said was needed to keep up its unusual restructuring efforts that hinge on prosecuting an import relief case before the U.S. International Trade Commission.

  • October 13, 2017

    DC Circ. Urged Not To Delay Truck Trailer Emissions Rule

    Seven states and several other groups on Thursday urged the D.C. Circuit to reject a truck trailer manufacturers’ association's bid to delay implementation of a federal rule aimed at reducing greenhouse gas emissions from heavy-duty truck trailers, saying that the trailer makers won’t suffer irreparable harm.

  • October 13, 2017

    C&J Investor Says $5M Fee Bid Justified By $250M Savings

    Attorneys representing a shareholder of C&J Energy Services Inc. told a Delaware Chancery Court judge Friday that their efforts in a challenge to the $2.9 billion merger of C&J and Nabors Industries Ltd. justify a $5 million fee award because the suit led to a $250 million reduction in the cash paid by C&J in the deal.

  • October 13, 2017

    EFH Reaches Deal Over Vistra Tax Allocation Dispute

    Energy Future Holdings Corp. on Friday told the Delaware bankruptcy court that it came to an agreement resolving a dispute with its former major operating subsidiary for now that allows the ex-unit to file the tax return it wants to on Monday with the possibility that it might be tweaked later.

  • October 13, 2017

    SunEdison Can End IP Contract With Korean Co., Judge Rules

    A New York bankruptcy judge on Friday found that a supply and license agreement between SunEdison Inc. and a Korean company it helped create to manufacture solar materials is governed by New York law and was properly terminated, allowing SunEdison to sell the patent rights to the production process.

  • October 13, 2017

    OW Bunker Tells 2nd Circ. Subcontractors Can't Claim Fuel

    Bankrupt marine fuel supplier and trader O.W. Bunker AS on Thursday urged the Second Circuit to affirm that several liens against ships that contracted to buy fuel from it belong to O.W., and not to the "subcontractors" that actually delivered the fuel on credit. 

  • October 13, 2017

    5th Circ. Won't Revive National Oilwell Employee's ADA Suit

    A Fifth Circuit panel on Friday refused to revive a former National Oilwell Varco worker’s suit claiming he was discriminated against because of his age and disability, saying the lower court didn’t clearly err in tossing the suit.

  • October 13, 2017

    Deals Rumor Mill: Weinstein Co., Saudi Aramco, Atlantia

    The Weinstein Co. is looking to be bought or shut down, specifics of the planned $100 billion IPO for state-owned oil giant Saudi Aramco could change, and Atlantia is willing to increase its offer for Abertis in order to beat out a rival bidder.

  • October 13, 2017

    Feds Reach Cleanup Deal For Maryland Superfund Site

    The federal government announced Friday it has reached a deal requiring various parties to execute a $51.5 million plan to clean up a Baltimore County, Maryland, Superfund site where a landfills had operated between the 1950s and 1970s.

  • October 13, 2017

    Trump Taps Climate Skeptic To Lead WH Enviro Council

    President Donald Trump said late Thursday that he would nominate former Texas Commission on Environmental Quality Chair Kathleen Hartnett White, a prominent skeptic of man-made climate change, to serve on the White House's Council on Environmental Quality and designate her as the council's chair.

  • October 13, 2017

    Texas High Court Won't Hear Anglo-Dutch Atty Fees Row

    The Texas Supreme Court on Friday denied a bid for review from Anglo-Dutch Petroleum International, which had argued a trial court awarded and lower appellate court wrongly affirmed a “windfall” in interest on attorneys' fees to a lawyer who represented the company in a trade secrets suit, after Anglo-Dutch successfully appealed a verdict on the fee amount.

  • October 13, 2017

    Luminant Shutters 2 Texas Coal-Fired Plants

    Vistra Energy said Friday that its Texas-based Luminant subsidiary would close two coal-fired plants in early 2018 due to deteriorating finances, making it three Lone Star State coal plants in the last week the company has tabbed for closure next year.

  • October 13, 2017

    Tribe Demands Nix Of Slawson Drilling Go-Ahead

    The Mandan, Hidatsa & Arikara Nation on Thursday told a North Dakota federal court that drilling company Slawson Exploration Co. Inc. appealed an administrative order prematurely, arguing that the court should throw the case out so that the U.S. Department of the Interior’s process can continue unimpeded.

  • October 13, 2017

    ICSID Nixes Nigeria's Bid To DQ Arbitrators In Oil Dispute

    International arbitrators have denied Nigeria’s bid to disqualify all three members of a tribunal assigned to oversee a dispute brought by two oil companies that allege the country’s state-owned oil company illegally seized control of a separate Nigerian firm through which they held a prospecting lease.

  • October 13, 2017

    Lawmakers Seek More On FCA Plan For Aramco Listing Rules

    Britain’s financial regulator has denied claims that changing rules to encourage companies such as Saudi Aramco to float in London will harm investors or damage the City, but lawmakers said Friday they were unconvinced and would push for more answers.

  • October 12, 2017

    FERC, Barclays To End Fight Over $453M Manipulation Penalty

    The Federal Energy Regulatory Commission and Barclays PLC have brokered a settlement ending the banking giant's fight against the agency's bid to impose $453 million in market manipulation penalties, according to records filed in California federal court Thursday.

  • October 12, 2017

    EFH Judge Halts Former Unit From Filing Tax Return

    The Delaware bankruptcy judge presiding over the Energy Future Holdings Corp. Chapter 11 granted the debtor’s request for a temporary restraining order Thursday blocking Vistra Energy Corp., which was once part of the power giant’s corporate structure, from making tax moves that could allegedly hurt the bankruptcy estate.

  • October 12, 2017

    Westinghouse Asks To Use DIP Funds For Nondebtors' Bills

    Nuclear energy contracting giant Westinghouse Electric Co. LLC asked a New York bankruptcy court on Wednesday to authorize amendments to its $800 million postpetition financing arrangement so it can provide emergency funding for struggling nondebtor affiliates overseas.

  • October 12, 2017

    EPA Tells DC Circ. New Law May Alter Coal Ash Rule

    The U.S. Environmental Protection Agency on Wednesday told the D.C. Circuit that a new federal law could have “significant implications” for an Obama-era rule governing the handling of coal ash, and asked that litigation over the rule be postponed to give the agency more time to study the matter.

  • October 12, 2017

    Ex-HSBC Exec Defends Actions Over $3.5B Forex Deal

    A former HSBC foreign currency exchange executive took the witness stand in his own defense for a second day on Thursday in Brooklyn federal court, giving jurors his own version of events surrounding a $3.5 billion forex deal for oil and gas developer Cairn Energy PLC that prosecutors claim was fraudulent.

Expert Analysis

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • CFTC Self-Reporting Policy Leaves Open Several Questions

    Douglas Yatter

    It is unclear how successful the U.S. Commodity Futures Trading Commission's newly announced policy will be in motivating firms to self-report when they know they will face a costly, disruptive and potentially open-ended enforcement investigation before receiving the benefit of a penalty reduction, say attorneys with Latham & Watkins LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • DOI's Royalty Policy Committee Could Bring Trust Reform

    David Smith

    This week will be the first meeting of the U.S. Department of the Interior's re-established Royalty Policy Committee, chaired by Vincent DeVito. It is important that this committee use its position as an opportunity to improve the federal government's management of Native American trust resources, says David Smith of Kilpatrick Townsend & Stockton LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • IRS Rejection Of Renewable Energy Tax Credits Is Puzzling

    Abraham Shashy

    The U.S. Internal Revenue Service recently denied claims by tax equity investors for renewable energy tax credits, claiming the investors had effectively attempted to purchase the credits. Curiously, the IRS did so without deciding whether, for U.S. federal tax purposes, the investors were partners, the venture was a partnership or the transaction had economic substance, say attorneys with King & Spalding LLP.

  • Why EPA's Auto Emissions Review Could Be A Game-Changer

    Granta Nakayama

    The U.S. Environmental Protection Agency’s re-examination of the midterm evaluation of greenhouse gas emissions standards is a high-stakes rulemaking with major implications for automobile manufacturers and the public. And it will reverberate beyond the automobile industry, shaping domestic demand for oil and renewables, say attorneys with King & Spalding LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.