• May 22, 2017

    No Need For Direct Appeal In Kids' Climate Suit, Enviros Say

    There's no valid reason to ignore a magistrate's recommendation to deny the federal government's bid to certify questions for appellate review in a youth-driven climate change suit, an Oregon federal judge heard Friday.

  • May 22, 2017

    Texas Driller ‘Death Spiral’ Suit Against Investor Dismissed

    A Texas federal judge on Monday dismissed oil and gas company Camber Energy Inc.'s suit against a key investor for allegedly forcing it to issue shares that drove down its stock value into a “death spiral” based on a strained interpretation of an “unconscionable” contract.

  • May 22, 2017

    Energy Co. Kicks Off ICSID Claim Against Italy Over Oil Field

    Rockhopper launched an international arbitration on Friday against Italy, claiming the country’s decision against the British energy company over an offshore oil project violated the international Energy Charter Treaty.

  • May 22, 2017

    Plaintiffs Bar Perspective: McKool Smith's Ashley Moore

    I’ve seen seasoned lawyers in the courtroom who failed to listen effectively, which alienates the jury, destroys what could have been a devastating cross-examination, and sometimes frustrates judges who simply want their question answered, says Ashley Moore, principal at McKool Smith PC.

  • May 19, 2017

    EFH Creditor Loses Doc Fight In Push For Ch. 11 Option

    Sweeping document requests from a hedge fund group pressing for an alternative Chapter 11 solution to twice-confounded Energy Future Holdings Corp. were blocked Friday, with a Delaware bankruptcy judge saying the burden outweighed a likely scant return.

  • May 19, 2017

    SEC’s Cooperman Deal Gives Defense Bar New Tool

    Billionaire hedge fund founder Leon Cooperman and his firm Omega Advisors Inc. managed to avoid an industry bar in settling the U.S. Securities and Exchange Commission’s insider trading claims, and experts say their unusual compromise of retaining a compliance consultant gives the defense bar ammunition for negotiating future deals.

  • May 19, 2017

    How They Won It: Berger & Montague Persists For 27 Years

    By continuing to press their case against two industrial giants and the federal government in a dispute marked by “scorched earth” tactics, Berger & Montague PC attorneys showed the value of persistence, finally securing a $375 million settlement related to allegations of contamination from the former Rocky Flats nuclear weapons plant after 27 years of litigation.

  • May 19, 2017

    Transocean Patents 'Moved The Industry,' Not Obvious: PTAB

    The offshore drilling technology described in three Transocean patents “moved the industry,” the Patent Trial and Appeal Board said in a decision unsealed Thursday, upholding the validity of patents it said appeared, at least at first glance, could be obvious.

  • May 19, 2017

    Brazil's Antitrust Watchdog Raided Over Petrobras Probe

    Brazil’s antitrust watchdog revealed Thursday that federal police and prosecutors executed a search warrant related to an investigation into state-owned oil giant Petrobras requested by the electric power company EPE.

  • May 19, 2017

    Suniva Gets New $5.2M Blended DIP After Conflict Claims

    A Suniva Inc. bankruptcy compromise on Friday headed off a potentially bruising Delaware court fight over alleged ulterior motives and conflicts of interest claims regarding a debtor-in-possession loan deal that is needed to see the solar panel maker through a U.S. International Trade Commission tariff petition.

  • May 19, 2017

    NY AG Hits Exxon With More Subpoenas In Climate Probe

    New York Attorney General Eric Schneiderman said Friday that his office has issued additional subpoenas to ExxonMobil in his climate change probe of the oil giant and has questioned witnesses over concerns the company is violating its duty to preserve documents relevant to the investigation.

  • May 19, 2017

    Texas High Court Says Gas Co. Noise Suit Brought Too Late

    The Texas Supreme Court on Friday dashed a Texas town’s efforts to sue several energy companies operating natural gas compressor stations over the damaging effects of noise and pollution, overturning an appellate court's decision in ruling that the statute of limitations had run out.

  • May 19, 2017

    NY Solar Tax Credit Not For Geothermal Systems, Panel Says

    New York’s solar energy tax credit does not cover the costs of geothermal energy systems, a state tax tribunal has ruled, rejecting a Buffalo surgeon’s bid to slash $5,000 off his personal income taxes after shelling out thousands more for a ground-to-home heat pump.

  • May 19, 2017

    Offshore Marine Biz Gets OK For Rapid Ch. 11 Timing

    Offshore marine services company Tidewater Inc. received court approval Friday in Delaware to move swiftly through the Chapter 11 process to get to a confirmation hearing on the debtor's prepackaged plan of reorganization by the end of June.

  • May 19, 2017

    MSHA Delays Rule To Boost Caliber Of Mine Inspections

    The Mine Safety and Health Administration is delaying the effective date of a rule requiring that metal and nonmetal mine operators bolster the quality of their workplace inspections and promptly notify miners of any dangerous conditions.

  • May 19, 2017

    Ariz. Appeals Court Axes Property Tax On Solar Panels

    An Arizona appeals court Thursday upheld a state law exempting rooftop solar panels from property tax valuations, defeating the state Department of Revenue’s attempt to levy taxes on panels leased to property owners in the state by SolarCity Corporation and SunRun Inc.

  • May 19, 2017

    Texas Justices Side With Anadarko In Drilling Trespass Row

    The Texas Supreme Court on Friday affirmed appellate and trial court rulings rejecting claims brought by Lightning Oil Co. that an Anadarko Petroleum Corp. unit trespassed on its property by drilling through its mineral estate to reach an adjacent lease, holding the surface owner has the power to authorize Anadarko's well.

  • May 19, 2017

    Ga. City's Utility Cutoffs Hit Blacks, Latinos Hardest, Suit Says

    The NAACP's Georgia chapter filed a federal discrimination suit Thursday against the city of LaGrange, Georgia, for allegedly cutting off access to vital utilities like power and water through a pair of unlawful policies that disproportionately injure African-American and Latino residents.

  • May 19, 2017

    Oil Field Services Co. Sued For Shunning American Workers

    An energy industry staffing firm launched a lawsuit in Texas federal court Thursday against oil and gas services company Tetra Technologies Inc., accusing it of illegally hiring foreign workers instead of American citizens and permanent U.S. residents for oil industry jobs to avoid paying higher wages.

  • May 19, 2017

    EPA Science Board Moves Are Concerning, Dems' Letter Says

    In two separate letters sent Thursday, Democrat Sen. Debbie Stabenow of Michigan and a group of House Democrats expressed concern about the decision not to renew the terms of nine members of a U.S. Environmental Protection Agency scientific advisory board.

Expert Analysis

  • FERC Must Rethink Rate Policy After DC Circ. Ruling

    Joseph Lowell

    The D.C. Circuit recently vacated and remanded the Federal Energy Regulatory Commission’s order setting a rate of return on equity for transmission-owning utilities in New England. The agency may now need to reconsider what alternative benchmark methodologies may be used in such cases, say Joseph Lowell and Arjun Ramadevanhalli of Morgan Lewis & Bockius LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Current State Of Renewable Energy Disputes: Part 1

    Justin Tschoepe

    As any industry grows, those within it are likely to face increased amounts of litigation. In part 1 of this four-part series, Justin Tschoepe and William Wood of Norton Rose Fulbright address the most common types of environmental and land-use challenges that are being brought against utility-scale wind and solar projects.

  • NYPSC Shakes Up Net Metering Projects In New York State

    Peter Trimarchi

    The New York Public Service Commission recently issued an order creating a new means of compensating renewable energy projects connected to the state’s electric grid. By replacing the net metering system with a new, more complex scheme for project valuation, the order will quickly change the landscape of renewable energy development and financing in New York, says Peter Trimarchi of Nixon Peabody LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The Challenges For CEA Price Manipulation Plaintiffs

    Mark Young

    The recent contrasting outcomes of the regulatory and private actions against Total Gas illustrate at least one significant difference between public and private price manipulation enforcement under the Commodity Exchange Act — private plaintiffs have a difficult, and sometimes insurmountable, hurdle to overcome, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.