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  • October 17, 2018

    FirstEnergy's Bankrupt Units Seek OK For $25M Credit Deal

    FirstEnergy’s bankrupt power generation subsidiaries have asked an Ohio bankruptcy court to allow them to take out up to $25 million in letters of credit, saying the credit will help to keep the company’s seven power plants in operation.

  • October 17, 2018

    2 Biotech Cos. Launch IPOs Despite Erratic Market Conditions

    Two biotechnology companies on Wednesday set price ranges on initial public offerings that are expected to raise $125 million combined, opting to move forward on IPOs in a stock market that has swung sharply in the past week.

  • October 17, 2018

    Pa. Exceeded Legal Authority With Fracking Rules, Panel Told

    Pennsylvania's Department of Environmental Protection overstepped its regulatory authority by imposing rules on hydraulic fracturing that went beyond what the state allowed in its oil and gas law, an attorney for the Marcellus Shale Coalition argued before the Commonwealth Court of Pennsylvania on Wednesday.

  • October 17, 2018

    Top House Armed Services Dem Rips Trump Coal Export Plan

    The U.S. House Armed Services Committee’s senior Democrat attacked President Donald Trump's reported proposal to use military bases to export coal from the West Coast to Asia, saying it would make an end run around environmental regulations and could threaten military readiness.

  • October 17, 2018

    CIT Backs US Steel In Commerce Anti-Dumping Rates Dispute

    The U.S. Court of International Trade sided with U.S. Steel Corp. on Wednesday in the company's challenge of U.S. Department of Commerce anti-dumping duties rates, finding that the department didn't comply with a previous ruling when it declined to recalculate certain rates.

  • October 17, 2018

    EPA's Science Review, Truck Emissions Rules On Back Burner

    The Trump administration has indicated it will delay the U.S. Environmental Protection Agency's controversial proposal to avoid rulemaking based on research that isn't publicly available and indefinitely shelve the EPA's repeal of Obama-era emissions standards for heavy-duty trucks outfitted with engines from older trucks.

  • October 17, 2018

    Spain Says EU Court Order Dooms Energy Co.'s €53M Award

    Spain urged a D.C. federal court to scrap a renewable energy investor's bid to enforce a €53.3 million ($61.3 million) award issued against the country after it overhauled its solar energy policies, saying the award was suspended after Europe's top court ruled certain arbitration clauses are incompatible with European Union law.

  • October 17, 2018

    Shell Reaps $1.9B In Sale Of Danish Upstream Assets

    A subsidiary of Royal Dutch Shell PLC has agreed to sell its stake in Danish upstream business Shell Olie-og Gasudvinding Danmark BV to an affiliate of Norwegian Energy Co. ASA for $1.9 billion, the companies said on Wednesday.

  • October 16, 2018

    Energy Exec Who Hired Percoco's Wife Gets 14 Months

    Energy executive Peter Galbraith Kelly Jr., who struck a plea deal after a jury split on charges that he bribed Joseph Percoco by giving his wife a "low-show" job, was sentenced to 14 months behind bars on Tuesday in a decision meant to send a warning to lobbyists across the country.

  • October 16, 2018

    Paul Hastings A 3rd Party To Fraud, Cancer Center Exec Says

    The founder of a now-bankrupt cancer treatment center accused of making false statements to entice billionaire energy tycoon Kelcy Warren to invest urged a Texas judge Monday to block Paul Hastings LLP from being removed as a third party in the case, saying there's enough evidence to raise questions on the firm's involvement.

  • October 16, 2018

    Maxus Ch. 11 Asset Stripping Arguments Set For December

    A motion asking a Delaware bankruptcy judge to abstain from an asset stripping case by former Chapter 11 debtor Maxus Energy Corp. against Argentine parents YPF SA and Repsol SA will be heard simultaneously with defendants' motion to dismiss the case after the judge said Tuesday that there would be no point in accelerating the abstention arguments.

  • October 16, 2018

    Kazakhstan, Oil Investors Spar Over $506M Award At DC Circ.

    Kazakhstan has urged the D.C. Circuit to nix an order confirming a more than $500 million arbitral award a Swedish tribunal issued against it that Kazakhstan says is tainted by fraud, while investors have argued that a D.C. federal court correctly barred them from relitigating those allegations.

  • October 16, 2018

    CVR Takes Another Swing At Wachtell In Icahn Takeover Case

    Following the recent dismissal of a drawn-out malpractice suit against Wachtell Lipton Rosen & Katz, CVR Energy Inc. on Monday filed a modified complaint focused on allegedly faulty U.S. Securities and Exchange Commission disclosures prepared by the firm more than six years ago.

  • October 16, 2018

    Nigeria Appeal In $9B Gas Row Is Delay Tactic, Court Hears

    A gas engineering firm asked a D.C. federal judge Monday to reject Nigeria’s appeal in litigation over a roughly $9 billion arbitration award stemming from a scuttled natural gas development deal, saying the move is a delay tactic and procedurally improper.

  • October 16, 2018

    5th Circ. Reverses Class Cert. In Devon Royalty Row

    The Fifth Circuit on Tuesday reversed a lower court’s decision to certify a class of natural gas royalty owners that have accused Devon Energy Production LP of shorting them on royalty payments, saying that the statute of limitations and other issues weren’t fully considered by the district court.

  • October 16, 2018

    Monex Slams CFTC’s 'Jurisdictional Overreach' In 9th Circ.

    Metals brokerage Monex Credit Co. criticized the Commodity Futures Trading Commission on Monday for what it called “blatant and limitless” jurisdictional overreach in the agency’s attempt to have the Ninth Circuit reverse the dismissal of its $290 million fraud case against Monex based on arguments that Congress has expressly rejected.

  • October 16, 2018

    Trump's Rulemaking Agenda Aims To Cut $18B In Costs

    President Donald Trump's administration is set to launch another round of regulatory actions aimed at what it claims will cut costs for private industry across the country, previewing the fall unified agenda meant to cut an estimated $18 billion in costs from the marketplace that is set to be released Wednesday.

  • October 16, 2018

    Tribe Looks To Nix DOI's Bid To Move Drilling Suit To ND

    The Mandan, Hidatsa and Arikara Nation has urged a D.C. federal court to reject the U.S. Department of the Interior's attempt to transfer to North Dakota the tribe's suit challenging a decision that permits oil and gas drilling near a lake within its reservation, arguing that the case raises issues of national importance.

  • October 16, 2018

    $232M Oil Sands Disputes Merged In Canada Without Consent

    A Canadian judge has ordered that two separate domestic and international arbitrations relating to a CA$300 million ($232 million) dispute over the expansion of an Alberta oil sands project be consolidated, despite the fact the Japanese parent company of a Canadian engineering firm had not consented.

  • October 16, 2018

    Investor Can't Overturn Yukos' Buyer's Bankruptcy Plan

    A New York federal judge has upheld the bankruptcy reorganization of a Luxembourg-based entity created to acquire the financial services arm of former Russian oil giant Yukos Oil Co., saying a minority investor waived his right to challenge the corporate overhaul that wrested away any say he might have in the entity.

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • High Court Unlikely To Solve ESA Issues In Frog Habitat Case

    Angela Levin

    After U.S. Supreme Court oral arguments last week in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service — questioning whether the FWS can designate land currently unoccupied by the dusky gopher frog as critical habitat under the Endangered Species Act — it seems the decision is primed for a 4-4 split, say Angela Levin and Andrea Wortzel of Troutman Sanders LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • FERC Market Manipulation Win Leaves Questions Unresolved

    Todd Brecher

    Last week, a federal court gave the Federal Energy Regulatory Commission an important procedural victory in an electricity market manipulation case. But the court granted the defendants a chance to appeal, highlighting lingering questions about how to apply the statute of limitations in such cases, say Todd Brecher and David Applebaum of Akin Gump Strauss Hauer & Feld LLP.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Energy Storage: Ready For Takeoff

    Stuart Solsky

    Energy storage has been called the “Swiss army knife” of the electric grid because of the many services it can perform, enhancing both traditional and renewable electric generation. Recent federal and state regulatory developments mean that energy storage is poised to be a major game changer in electric power markets, say attorneys with Baker Botts LLP.

  • How US And EU Sanctions Clash With Russian Antitrust Laws

    Stefan Weber

    U.S. and EU sanctions on Russia are forcing many international companies to carefully evaluate and restructure their contractual relationships with Russian counterparties. In this process, Russian antitrust law provides obstacles that may be difficult to overcome in some situations, say attorneys with Noerr Consulting AG.

  • Circuits Are Split On CWA's 'Water To Water' Regulation

    Kimberly Bick

    Following the Fourth Circuit's decision in Sierra Club v. Virginia Electric & Power Co., the Clean Water Act’s jurisdiction over “water to water” pollutant conveyance is ripe for review by the U.S. Supreme Court, say Kimberly Bick and Matthew Trotter of Bick Law LLP.