• April 20, 2018

    Exxon Takes AG Climate Probe Fight To 2nd Circ.

    Oil giant ExxonMobil said Friday it will appeal to the Second Circuit a New York federal judge's dismissal of its suit claiming the attorneys general of New York and Massachusetts conspired to violate its free speech rights on climate change issues by investigating the company.

  • April 20, 2018

    Dems Look To Shield Offshore Rules From Trump Rollback

    Eight years after the Deepwater Horizon disaster that killed 11 and sent plumes of oil spraying into the Gulf of Mexico for months, a group of Democratic senators Thursday proposed codifying two Obama-era rules aimed at tightening regulations for offshore drilling after the Trump administration moved to reconsider them.

  • April 20, 2018

    HSBC Halts Coal Power Plant Funding To Honor Paris Accord

    HSBC Holdings PLC said Friday it is turning its back on funding high-carbon energy projects as the bank looks to ease pressure from activists and regulators who want financial services firms to step up their response to climate change.

  • April 19, 2018

    Ex-Venezuelan Official Cops To Money Laundering Scheme

    A former Venezuelan official pled guilty in Texas federal court Thursday to a $7 million money laundering scheme involving bribe money allegedly paid by U.S.-based companies to government officials in Venezuela in order to obtain energy contracts, the U.S. Department of Justice announced.

  • April 19, 2018

    Senate Finance Leaders Want Tariff Exclusions Smoothed Out

    The U.S. Department of Commerce should improve the procedures that businesses must follow for securing a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum to ensure that due process is followed, the heads of the Senate Finance Committee asserted on Thursday.

  • April 19, 2018

    Driller Gets Approval Of $14.3M Award In Trade Secrets Fight

    A Texas appeals court on Thursday affirmed a jury’s verdict that awarded a driller $14.3 million in lost profits due to misappropriated trade secrets by a potential partner in a Montana oil and gas development project, though it threw out an award of $4.5 million in exemplary damages.

  • April 19, 2018

    Marathon Settles ERISA Suit Over $88M In 'Risky' Investments

    Marathon Petroleum Corp.’s retirement plan has opted to settle a proposed class action over its decision to invest $88 million in company stock rather than face the possibility of the Sixth Circuit reviving the suit, which accuses the oil and gas company of playing fast and loose with retirees’ savings.

  • April 19, 2018

    BLM Takes Steps To Open Arctic Refuge For Oil, Gas Drilling

    The Bureau of Land Management began the administrative process Thursday to open up the Arctic National Wildlife Refuge for oil and gas drilling, angering environmental groups that have long battled to keep the wild landscape development-free.

  • April 19, 2018

    Invenergy To Pay $1 In Damages For Investor Sale Dispute

    Citing in part a corporate law doctrine of “efficient breach,” a Delaware vice chancellor on Thursday awarded Leaf Clean Energy Company just $1 in damages in an investment dispute with wind farm developer Invenergy Wind LLC that Leaf said should have triggered a $126 million cash-out.

  • April 19, 2018

    'Close Enough Is Good Enough' For Air Standards: EPA Head

    The head of the U.S. Environmental Protection Agency’s air office said Thursday that too much energy has been spent trying to achieve perfection in air quality standards for pollutants that are subject to review every five years, when “good enough” will do.

  • April 19, 2018

    11th Circ. Says Hydroelectric Co. Deserved To Lose License

    A hydroelectric company's license to generate power at a Georgia dam was lawfully revoked by a federal agency in response to the company's failure to construct a fishway it promised in exchange for receiving permission to increase its generating capacity, the Eleventh Circuit ruled on Wednesday.

  • April 19, 2018

    NextEra Fights To Keep $275M Termination Fee At 3rd Circ.

    NextEra Inc. urged the Third Circuit on Thursday to reinstate a $275 million termination fee it won after its deal to buy assets from Dallas-based Energy Future Holdings Inc.’s Chapter 11 estate fell through, arguing that there was no manifest error plaguing the award that warranted its later reversal.

  • April 19, 2018

    ENGlobal, NASCO Denied Quick Wins In Plant Contract Row

    A Texas federal judge on Thursday refused to toss Native American Services Corp. counterclaims lobbed at ENGlobal U.S. Inc. in a dispute over a biomass power plant project contract, finding there was conflicting evidence relevant to deciding if either party breached the deal.

  • April 19, 2018

    Climate, Contracts On Table In FERC Pipeline Policy Revamp

    The Federal Energy Regulatory Commission on Thursday formally kicked off a review of its nearly 20-year-old natural gas pipeline approval policy, and commissioners said they're eager to tackle issues including FERC's reliance on developers inking gas shipping contracts and what role climate change should play in evaluating a project's need.

  • April 19, 2018

    EPA's Top Lawyer Trades Jabs With Enviros At ABA Talk

    The U.S. Environmental Protection Agency’s top lawyer on Thursday dismissed as “sound bites” a Sierra Club attorney’s criticism of the EPA’s deregulatory agenda and dodged questions about whether the agency will rethink an important finding that carbon dioxide poses a danger to human health and the environment.

  • April 19, 2018

    Russia Joins WTO Fray Over US Steel, Aluminum Tariffs

    The Russian government added its name Thursday to the growing list of countries questioning the Trump administration’s national security-based tariffs on steel and aluminum, following the lead of numerous other nations that have opted to treat the duties as safeguard measures.

  • April 19, 2018

    Chubb Wins UK Appeal To Keep Arbitrator In Deepwater Case

    A London appeals court ruled on Thursday that insurer Chubb could keep its arbitrator in a dispute with U.S. oil services corporation Halliburton over hundreds of millions of dollars following the 2010 explosion on the Deepwater Horizon rig.

  • April 18, 2018

    Tribes' Bid For More Consultation In DAPL Review Denied

    A D.C. federal judge has denied two tribes' request to be consulted more on an oil spill response plan for the controversial Dakota Access pipeline, saying the issue was mooted by the plan's submission.

  • April 18, 2018

    NuStar GP Investor Seeks To Halt $7.9B Restructuring Deal

    Two months after reaching a merger agreement to restructure Texas-based NuStar Energy LP, an investor in NuStar’s holding company asked a Delaware federal judge on Tuesday halt the deal, claiming a proposed class of investors are still in the dark about how the $7.9 billion partnership was reached.

  • April 18, 2018

    A Flood Of Tariff Exemption Bids Is Giving Attorneys Fits

    As importers and foreign producers scramble for a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum, attorneys are beginning to confront the challenges in navigating a bureaucratic process that has already been overrun with a wave of exclusion requests.

Expert Analysis

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • New Russian Oligarch Sanctions Will Require Prompt Action

    Grant Leach

    Last week, the U.S. Treasury Department's Office of Foreign Assets Control added several Russian oligarchs, political officials and businesses under their control to its Specially Designated Nationals and Blocked Persons List. These sanctions will likely impose serious compliance challenges for both U.S. and non-U.S. persons doing business with Russia, say attorneys with Husch Blackwell LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • When Are Minority Stockholders Controllers?

    Scott Barshay

    The Delaware Chancery Court's recent decision in a Tesla stockholder case shows that even a shareholder with a “relatively low” ownership stake representing a “small block” may be found to be controlling under certain circumstances, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Fast-Tracking Electric Transmission Infrastructure

    Keith Barnett

    The U.S. Department of Energy will soon conduct its fourth triennial congestion study, and may subsequently designate one or more National Interest Electric Transmission Corridors. Streamlined permitting procedures could allow any projects within those corridors to benefit from fast-tracked approval, say attorneys with WilmerHale.

  • Another Court Upholds FERC Theory Of Market 'Gaming'

    David Applebaum

    The Federal Energy Regulatory Commission's market “gaming” theories of manipulation have been controversial and viewed as potentially vulnerable in court. But in the Coaltrain case, an Ohio federal court recently became the second district court to endorse FERC’s expansive view of its authority, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    How Climate Change Threatens The US Power Supply

    Sarah Jordaan

    Climate change is expected to expose U.S. electric power systems to extreme weather, sea level rise and changing temperatures, which may cause acute disruptions and persistent economic impacts. Without evidence-based energy policy, the legacy of the present administration might be power assets incapable of withstanding environmental threats, says Sarah Jordaan, a professor at Johns Hopkins University's School of Advanced International Studies.

  • Vindication Of Employers' Jones Act Rights At 5th Circ.

    Matthew Guy

    The Fifth Circuit's recent decision in Denetra Thomas v. Hercules Offshore Services — holding that a mobile offshore drilling unit was subject to U.S. Coast Guard regulations not those of the Occupational Health and Safety Administration — shows that employers can successfully defend Jones Act claims when an employee fails to provide evidence of fault, says Matthew Guy of Adams and Reese LLP.