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Energy

  • January 15, 2019

    Oxbow Carbon Must Pay Up In Chancery Records Dispute

    A Delaware vice chancellor ordered Oxbow Carbon LLC to pay $60,000 in fees to minority investors who won an order compelling the sale of William Koch’s multibillion-dollar energy company and then sued for records on its payments to the founder's personal attorney at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    4th Circ. Backs Va. Water Permit For $5B Pipeline

    A Fourth Circuit panel has rejected a petition by a coalition of environmental groups that challenged Virginia’s decision to issue a Clean Water Act certification for the $5 billion Atlantic Coast gas pipeline, saying the state did not act arbitrarily and ignore the project’s risks.

  • January 15, 2019

    Senate Tax Panel Head Open To Renewing Credits For 1 Year

    The chairman of the U.S. Senate Finance Committee told reporters Tuesday that he would be open to retroactively renewing expired tax credits that were included in legislation passed by the U.S. House of Representatives for a one-year period.

  • January 15, 2019

    CWA Shift Pushes Calif., States Toward Stricter Water Regs

    California is close to finalizing new protections for its wetlands in response to the Trump administration's proposal to redefine which waters are subject to federal Clean Water Act jurisdiction, leading the way for like-minded states that could use their considerable authority to counteract a new definition they see as inadequate.

  • January 15, 2019

    States, Tribes Back Swinomish In BNSF Appeal At 9th Circ.

    Three states and three tribes have urged the Ninth Circuit to uphold a lower court decision favoring the Swinomish Indian Tribal Community in its suit against BNSF Railway Co. over shipping crude oil across reservation land, saying federal law doesn’t pre-empt an easement pact and treaty rights are at stake.

  • January 15, 2019

    Senate Moves To Challenge Russian Oligarch Sanctions Deal

    The U.S. Senate pushed ahead Tuesday to potentially overturn a deal the Trump administration reached in December to ease sanctions against three companies controlled by a Russian oligarch with close Kremlin ties.

  • January 15, 2019

    FirstEnergy Customer Violated Ch. 11 Stay, Judge Rules

    An Ohio federal judge agreed Tuesday that a Pennsylvania-based auto parts manufacturer’s move to cancel its deal to buy power from a bankrupt FirstEnergy Corp. subsidiary violated the company’s right to maintain its contractual relationships throughout Chapter 11 proceedings.

  • January 15, 2019

    Boston Harbor Blasting Project Stalled After Eversource Balks

    A planned blasting project by the U.S. Army Corps of Engineers in Boston Harbor was stalled Tuesday just a day before it was set to begin after Eversource Energy made a pitch to a federal judge that the blasting could impact a power cable it has to install on a court-ordered timeline.

  • January 15, 2019

    Chimera Pump-And-Dump Conspirator Takes $3M Plea Deal

    One of the seven individuals charged in what prosecutors say is a $48 million stock manipulation scheme involving Chimera Energy Corp. and other companies has entered a plea agreement with the government that requires him to forfeit up to $3 million he earned from the alleged scam.

  • January 15, 2019

    McDermott Int'l Sued After Stock Drops 60% Post-Merger

    Houston-based engineering and construction company McDermott International Inc. has been hit with a proposed shareholder class action in Texas federal court alleging its failure to disclose the true cost of acquiring Chicago Bridge and Iron NV resulted in the company's stock price plummeting more than 60 percent.

  • January 14, 2019

    Supreme Court Skeptical Of TVA's Injury Immunity

    U.S. Supreme Court justices expressed skepticism Monday as to why the Tennessee Valley Authority should be deemed immune to a suit accusing the government-owned utility of causing a sports fisherman’s serious injury due to a power line incident.

  • January 14, 2019

    Jones Walker Snags Fowler Rodriguez Team In Merger

    Jones Walker LLP has absorbed the founding partner of fellow New Orleans-anchored international dispute firm Fowler Rodriguez, along with a group of attorneys versed in working with domestic and international maritime, energy and insurance clients on issues including infrastructure deals, immigration, tax matters, mergers and acquisitions, and international arbitration.

  • January 14, 2019

    10th Circ. Affirms Liberty's Win In Black Lung Coverage Row

    Liberty Mutual Fire Insurance Co. didn't breach any obligations to the ex-president of bankrupt Clemens Coal Co. when it failed to provide the company a policy with coverage for black lung disease claims, the Tenth Circuit affirmed on Monday, agreeing with a lower court that the former executive's case fails because the insurer owed no duty to him personally.

  • January 14, 2019

    EPA Right To Nix Houston, Dallas Air Controls, Texas Says

    Green groups are too late to challenge the U.S. Environmental Protection Agency’s revocation of certain ozone limits and pollution control requirements for the Houston and Dallas metropolitan areas, the Texas attorney general and industry groups have told the Fifth Circuit.

  • January 14, 2019

    Deals Rumor Mill: Etihad, Viacom, Saudi Aramco

    Etihad Airways reportedly plans to raise its stake in Indian carrier Jet Airways, Viacom is discussing a deal to sell off a majority stake in some of its operations in China and Saudi Aramco is likely to help fund its SABIC deal with a roughly $10 billion bond sale.

  • January 14, 2019

    Don't Confirm EPA Head During Gov't Shutdown, Enviros Say

    Nine environmental and left-leaning groups on Friday urged Republican Senate leaders to halt the confirmation process to promote acting U.S. Environmental Protection Agency Administrator Andrew Wheeler to permanent status while the government is still shut down.

  • January 14, 2019

    Ill. Residents Ask For Class Cert. In Oil Spill Row

    Two Illinois residents have asked a federal judge to certify a class of about 4,400 households located near the site of a 4,200-gallon crude oil spill from a pipeline built by Plains All American Pipeline LP, asserting that a common event linked the similar claims.

  • January 14, 2019

    New Fortress Energy Lauches $400M IPO Amid Shutdown

    New Fortress Energy LLC, a gas-to-power business affiliated with private equity firm Fortress Investment Group LLC, moved forward on an initial public offering Monday despite the government shutdown, setting a price range on an estimated $400 million IPO.

  • January 14, 2019

    Ex-NextEra Tax Litigator Joins Holland & Knight In Florida

    A former litigator for NextEra Energy Inc. experienced in tax controversies has joined Holland & Knight LLP as a partner in its south Florida litigation practice group.

Expert Analysis

  • 3 FCPA Enforcement Predictions For 2019

    James Tillen

    An analysis of Foreign Corrupt Practices Act enforcement actions and trends in 2018 hints at what we should expect this year, say James Tillen and Ann Sultan of Miller & Chevalier Chtd.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • 5 Most-Read Legal Industry Guests Of 2018

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    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • Opinion

    High Court's Tibble Opinion Matters Now More Than Ever

    Jerome Schlichter

    As demonstrated by numerous rulings and settlements throughout 2018, the U.S. Supreme Court's 2015 decision in Tibble v. Edison — the first 401(k) excessive fee case it ever considered — continues to provide critical protections that will affect an ever-growing population of retirees, says Jerome Schlichter of Schlichter Bogard & Denton LLP.

  • A Big Leap Forward For Tribal Energy Development

    Paul Moorehead

    The Indian Tribal Energy Development and Self-Determination Act Amendments, signed into law this week, will go a long way toward helping tribes develop their own resources on their own lands in ways they see fit, say Paul Moorehead and Brian Gunn of Powers Pyles Sutter and Verville PC.

  • Is A Federal Shutdown Your Next Holiday Surprise?

    J. Chris Haile

    If the federal government shuts down on Friday, the issues contractors face will vary depending on their government counterparts and individual agreements, but all should assess the likely impacts on their operations and make contingency plans, say attorneys at Crowell & Moring LLP.

  • What IRS Guidance On Section 163(j) Means For Utilities

    Amish Shah

    New Internal Revenue Code Section 163(j), which limited the business interest expense deduction, makes an exception for regulated utilities. In November, the IRS answered many open questions about how and when this exception applies, say attorneys at Eversheds Sutherland LLP.

  • 3 D&O Questions Regarding Event-Driven Securities Litigation

    Larry Bracken

    The wildfire-related complaint filed against Edison last month represents a new kind of securities class action that relies on specific adverse events as catalysts. Corporate policyholders must consider how such litigation will impact their directors and officers insurance now and in the future, say attorneys at Hunton Andrews Kurth LLP.

  • High Court's Frog Opinion Reaches Beyond ESA

    Keith Bradley

    The U.S. Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service focused on interpreting the Endangered Species Act. However, a second aspect of the opinion will likely reach beyond the more obvious consequences, says Keith Bradley of Squire Patton Boggs LLP.

  • Will Fed. Circ. Consider The Competitor Standing Doctrine?

    Matthew Dowd

    A major hurdle to the Federal Circuit’s full participation in developing patent law is Article III standing to appeal from the Patent Trial and Appeal Board. Matthew Dowd of Dowd Scheffel PLLC and Jonathan Stroud of Unified Patents examine whether the Federal Circuit will recognize and apply competitor standing for establishing an injury in fact.