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Energy

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Ohio Mines Not Properly Bonded For Reclamation, Groups Say

    The Sierra Club and the Ohio Environmental Council alleged on Monday that 100 mines in Ohio are operating in violation of the Surface Mining Control and Reclamation Act because of inadequate reclamation bonding and urged the federal Office of Surface Mining, Reclamation and Enforcement to do something about it.

  • June 18, 2018

    Utah Judge Rebuffs Ute Tribe's Stay Bid In Contract Row

    A Utah federal judge on Friday rejected the Ute Indian Tribe’s bid to stay a ruling that the tribe’s contract dispute with a former employee must be heard in state court rather than tribal court, saying the tribe isn’t likely to win in its appeal to the Tenth Circuit.

  • June 18, 2018

    Oil Co. Loses Bid To Recoup $17.7M Tax Refund For Bad Debt

    A Texas federal judge handed the Internal Revenue Service a quick win Monday in a suit brought by oil field services company Baker Hughes Inc. seeking to recover $17.65 million in taxes it claims should have been allowed as a deduction for a bad debt made before it acquired BJ Services Co. in 2009.

  • June 18, 2018

    Calif. Unveils New Gas Production Pipeline Regs

    The California Department of Conservation released new regulations Monday targeting older gas pipelines located near homes and schools, after a 2014 natural gas leak in the southern part of the state resulted in the evacuation of nearby families.

  • June 18, 2018

    Fed. Circ. Revives Part Of Seismic Survey Patent

    The Federal Circuit on Monday found that part of a patent related to marine seismic survey technology was invalid, although the court said the Patent Trial and Appeal Board was wrong to ax more of the patent on rehearing.

  • June 18, 2018

    Barge Co. Loses Bid For Review Of $20M Oil Spill Ruling

    The U.S. Supreme Court on Monday denied American Commercial Lines LLC's bid for review of a Fifth Circuit decision that left in place a $20 million liability judgment against the company stemming from an oil spill caused by a barge collision on the Mississippi River.

  • June 18, 2018

    Baker Botts Attracts Capital Markets Partner In Houston

    Baker Botts LLP has added a former Kirkland & Ellis LLP attorney as a capital markets partner with a focus on debt and equity capital markets transactions, corporate governance and compliance in Houston, the firm announced Monday.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Baytex Pays $2.1B For Western Canadian Shale Producer

    Canadian oil producer Baytex Energy Corp. on Monday said it's agreed to buy driller Raging River Exploration Inc. in a CA$2.8 billion ($2.1 billion) all-stock deal that will enlarge Baytex's development footprint in oil-rich shale regions of Alberta and Saskatchewan.

  • June 18, 2018

    Texas State Senator Convicted Of Fraud Resigns

    A Texas state senator convicted of money laundering, securities fraud and other charges tied to an alleged scheme involving a fracking company announced on Monday that he plans to resign from office, after previously saying he did not plan to step aside despite the conviction.

  • June 18, 2018

    Mammoet Seeks $2.8M For Unpaid Power Plant Work

    Industrial transportation company Mammoet USA North Inc. is seeking $2.8 million in damages from a construction joint venture that allegedly stiffed it on subcontracting agreements related to two power plants in New Jersey and Connecticut, according to a filing Friday in New York state court.

  • June 18, 2018

    High Court Won't Hear Pa. Utility's $199M Tax Refund Row

    The U.S. Supreme Court on Monday turned down a Pennsylvania utility’s challenge to a Third Circuit ruling that denied the company a $199 million capital loss deduction on the sale of a subsidiary.

  • June 18, 2018

    High Court Won't Hear Total Challenge To FERC Fining Power

    The U.S. Supreme Court on Monday declined to hear Total Gas & Power North America Inc.'s effort to overturn an appeals court ruling that said the company's challenge to the Federal Energy Regulatory Commission's power to use the Natural Gas Act to impose fines was not ripe.

  • June 18, 2018

    High Court Agrees To Review Banker's Copy-Paste Fraud

    The U.S. Supreme Court agreed on Monday to review a D.C. Circuit decision finding that an investment banker who copied and pasted his boss' allegedly fraudulent email about an energy investment into a message to clients is himself liable for fraud.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

Expert Analysis

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • 3 Ways FERC Could Increase Pipeline Review Transparency

    Barbara Jost

    The Federal Energy Regulatory Commission recently solicited public comments on whether to revise its policies governing approval of new natural gas pipelines. This may not ultimately result in significant revisions to pipeline approval procedures. But a few simple changes could enhance public confidence in pipeline siting, says Barbara Jost of Davis Wright Tremaine LLP.

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.