• October 12, 2017

    Russia Told Of Subpoena Efforts, Ex-Yukos Shareholders Say

    Former Yukos shareholders seeking court permission to subpoena a lawyer believed to know of Russian meddling in their $50 billion arbitral awards told a California federal court Tuesday they notified Russia they attempted to serve the lawyer by alternative means but believed it was unnecessary to tell the court.

  • October 11, 2017

    Fla. Energy Biz Partners Trade Barbs At Bankruptcy Trial

    The tension simmering between former partners of a bankrupt Florida energy company repeatedly neared the boiling point Wednesday as a co-founder cross-examined the company's largest investor, who allegedly put the business into involuntary bankruptcy as part of a scheme to force the co-founder out.

  • October 11, 2017

    Ex-HSBC Exec Tells Jury $3.5B Forex Deal Was Aboveboard

    A former HSBC foreign exchange executive took the witness stand Wednesday at his trial over claims that he used a $3.5 billion forex transaction to enrich the bank at the expense of Scottish oil and gas developer Cairn Energy PLC, telling a New York federal jury that there was nothing improper about the execution of the deal.

  • October 11, 2017

    Jury Awards $8.1M In Retaliation Case At Hanford Nuke Site

    A Washington state jury awarded $8.1 million on Tuesday to a worker fired from a prime contractor on the Hanford site cleanup, finding it was retaliation for complaints of sexism, according to the plaintiff's lawyer.

  • October 11, 2017

    FERC Won't Slow Down Review Of Perry's Grid Proposal

    FERC on Wednesday rejected pleas to extend the comment period for Secretary of Energy Rick Perry's controversial proposal to pay coal-fired and nuclear plants for providing base load power and grid reliability services, a plan opponents claim could upend competitive wholesale power markets.

  • October 11, 2017

    6th Circ. Affirms Land Scout's Conviction In Coal Mining Scam

    A Sixth Circuit panel Tuesday upheld a conspiracy to commit mail and wire fraud conviction of a man who scouts rural property for coal mining potential and who performed work for a Tennessee company that, according to the panel, scammed millions from investors.

  • October 11, 2017

    CIT Backs Commerce's Price Math On S. Korean Transformers

    The U.S. Court of International Trade on Tuesday validated the U.S. Department of Commerce’s new three-pronged method for determining how sales commissions should be factored into anti-dumping calculations on South Korean transformers, rejecting an argument by exporters that the test is legally improper.

  • October 11, 2017

    Petrobras Hits Snag In $2.2B Asset Sale To Total

    Brazil’s state-run oil and gas company Petrobras on Wednesday responded to news of a setback in its $2.2 billion asset sale to France’s Total SA, saying it has not yet received a summons concerning the apparent blocking of certain rights transfers by a Brazilian federal judge.

  • October 11, 2017

    Eversource, Avangrid Squeezed NE Pipelines, Report Says

    New England utilities Eversource Energy and Avangrid have artificially constrained the region's natural gas pipeline capacity, leading to $3.6 billion in inflated gas and electricity costs between 2013 and 2016, according to a report published Wednesday by the Environmental Defense Fund and several university researchers.

  • October 11, 2017

    BNP Paribas To Stop Financing Certain Fossil Fuel Cos.

    BNP Paribas said on Wednesday it would no longer work with companies whose “principal business” involves dealing with oil and gas from shale or tar sands, an effort the major European bank said was aimed at promoting green energy and reducing the harmful impacts of climate change.

  • October 11, 2017

    FERC's Southwest Grid Plan OK Discriminatory, DC Circ. Told

    The Federal Energy Regulatory Commission essentially gave away the farm by letting two utilities into Southwest Power Pool Inc.'s transmission footprint without having to pay certain facility costs, Kansas utility regulators complained to a D.C. Circuit panel at oral arguments Wednesday, calling FERC’s approval of the integration plan “discriminatory and preferential.”

  • October 11, 2017

    High Court Wary Of Feds' Water Rule Jurisdiction Argument

    U.S. Supreme Court justices on Wednesday appeared skeptical of the federal government’s position that challenges to a rule defining its authority under the Clean Water Act belong at the appellate rather than district court level.

  • October 11, 2017

    Dakota Access Pipeline Can Operate During Enviro Review

    A D.C. federal judge said Wednesday that he would allow the Dakota Access pipeline to stay in operation while the U.S. Army Corps of Engineers conducts further environmental review of the project, but warned the agency not to treat the review as a mere formality.

  • October 11, 2017

    DC Circ. Eyes Pols, Enviros' Right To Pursue Pipeline Suit

    The D.C. Circuit has asked for supplemental briefs on whether a group including Boston Democratic Mayor Marty Walsh, environmental groups and landowners has standing to bring a legal challenge to the Federal Energy Regulatory Commission’s approval of a $971 million pipeline that runs through New England and New York.

  • October 11, 2017

    FERC Says $2.2B Nexus Pipeline Construction Is A Go

    The Federal Energy Regulatory Commission said on Wednesday that construction work could start on the $2.2 billion Ohio-to-Michigan Nexus natural gas pipeline, less than two months after the agency formally greenlighted the project being built by Michigan utility DTE Energy Co. and pipeline giant Enbridge Inc.

  • October 10, 2017

    Partner Says He Tried To Keep Bankrupt Energy Co. Going

    The largest investor in a beleagured Florida energy company testified Tuesday that he tried in good faith to right the business after his partners descended into a deadlocked dispute, contending the only improprieties in the involuntary bankruptcy he forced the company into came in one partner's appeal.

  • October 10, 2017

    Texas Justices Weigh Atty Pay After Oral Contingency Deals

    Texas Supreme Court justices on Tuesday questioned whether attorneys can collect a “reasonable value” for their work on behalf of clients if that value is tied to any type of contingency, as they weigh whether to throw out a $7.25 million award for Shamoun & Norman LLP’s work in a dispute over a Hunt Petroleum Corp. heir’s family estate.

  • October 10, 2017

    'Pre-Hedging' Is Standard Practice, HSBC Forex Jury Hears

    The former head of foreign exchange trading for Deutsche Bank told the New York federal jury weighing the criminal case against an ex-HSBC executive Tuesday that “pre-hedging,” or making some of a large currency purchase in advance, is a standard practice that can be beneficial to the buyer because it keeps the price down.

  • October 10, 2017

    Trump's Clean Power Plan Repeal Will Face Legal Gantlet

    The Trump administration on Tuesday took the first step to unwind former President Barack Obama's signature climate change action by formally proposing to repeal the Clean Power Plan, but CPP supporters have already vowed to fight any repeal in court. Here are four legal issues to watch as the proposed repeal moves through the rulemaking process, and toward the courtroom.

  • October 10, 2017

    Platinum Execs Say Insurers Must Give Cash For Defense

    Attorneys for hedge fund Platinum Partners and some of its executives on Tuesday pressed a New York state judge to force three excess insurers to advance money to cover their costs of defending against criminal charges over a purported $1 billion securities fraud scheme involving an offshore driller, saying the insurers are duty-bound to provide coverage.

Expert Analysis

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • GAO Report May Impact PHMSA Pipeline Safety Inspections

    Laura LaValle

    The U.S. Pipeline and Hazardous Materials Safety Administration uses its Risk Ranking Index Model to determine the frequency with which pipelines must be inspected. But a new report by the U.S. Government Accountability Office, questioning the assumptions behind the model, seems likely to lead to changes in pipeline inspection procedures, say Laura LaValle and Hana Vizcarra of Beveridge & Diamond PC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Mass. Clean Energy Standard Reshapes Energy Landscape

    Eric Runge

    With the regulations it issued last month, Massachusetts maintains its leadership position among states seeking to achieve ambitious clean and renewable energy goals. The Clean Energy Standard will create major new investment opportunities and impact the wholesale power markets in significant ways, says Eric Runge of Day Pitney LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • An IRS Lifeline To Public Utilities On Normalization

    Jeffrey Davis

    Last week, the Internal Revenue Service provided a safe harbor for public utilities that inadvertently break the so-called normalization rules, which are used to reconcile tax treatment of investment tax credits, or accelerated depreciation of assets, with their regulatory treatment. This is undoubtedly good news for public utilities, say attorneys with Mayer Brown LLP.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.

  • Sanctions Compliance Lessons From Recent OFAC Actions

    Mike Casey

    Three recent enforcement actions by the Office of Foreign Assets Control illustrate that OFAC is increasingly bringing cases against nonfinancial institutions, taking aggressive jurisdictional and interpretative positions, and focusing its efforts on Iranian sanctions. Financial and nonfinancial institutions should therefore assess their sanctions risk, say attorneys with Kirkland & Ellis LLP.