• December 11, 2017

    Supreme Court Denies Petition Challenging Tax On Stored Gas

    The U.S. Supreme Court on Monday denied ETC Marketing Ltd.’s petition for certiorari, which sought review of a Texas Supreme Court decision that upheld an ad valorem tax on natural gas inventory stored in the state.

  • December 11, 2017

    Investors Can't Revive Baker Botts Subpoena In Yukos Suit

    A Washington, D.C., federal judge refused Saturday to reconsider Yukos Oil Co. shareholders’ request to subpoena a Baker Botts partner as part of efforts to revive a $50 billion arbitration award against Russia, spurning the shareholders’ efforts at “rehashing already rejected or unpursued arguments.”

  • December 11, 2017

    Private Equity Powered Energy M&A In 2017

    Energy dealmaking in 2017 saw private equity firms continue to shower the oil and gas industry with cash, while a pair of power sector megadeals highlighted the hazy future facing independent power producers. Here are five mergers and acquisitions trends that stood out to energy attorneys this year.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Former Mass. State Lawmaker Indicted On Corruption Charges

    A former leader of the Massachusetts Senate denied any wrongdoing on Friday after prosecutors unsealed a 113-count federal indictment charging him with peddling public policy and using his private firm and a shell company to take in about $1 million in bribes, kickbacks and free coffee.

  • December 8, 2017

    FERC Member's Online Comments Unethical, Landowner Says

    A landowner affected by the proposed PennEast Pipeline Project said Thursday that a Federal Energy Regulatory Commission member and former chairman has been violating ethics rules by posting biased comments on Facebook and should be removed from his position.

  • December 8, 2017

    Energy Co. Derides Potential Investor Class Rep As Ignorant

    Oil and gas producer Vanguard Natural Resources LLC and affiliates told a Delaware federal judge on Thursday that the proposed representative for a class of investors in a merger fraud suit is too uninformed about the suit he supposedly brought to spearhead the case.

  • December 8, 2017

    Jury Rejects SEC's Delta Petroleum Insider Trading Case

    Delta Petroleum founder Roger Parker beat an insider trading suit brought by the U.S. Securities and Exchange Commission this week when a Colorado federal jury found at a retrial that the agency hadn't proved all the elements of its case.

  • December 8, 2017

    Feds Blast Contractor’s Quick Win Bid In FCA Suit

    The federal government on Friday shot back at a U.S. Department of Energy contractor's bid to toss False Claims Act allegations in litigation accusing it of falsifying small, disadvantaged businesses' participation in a multibillion-dollar nuclear waste cleanup contract.

  • December 8, 2017

    Sierra Club Asks 4th Circ. To Uphold CWA Groundwater Ruling

    The Sierra Club on Thursday asked the Fourth Circuit to uphold a lower court’s finding that a Dominion Energy Inc. unit violated the Clean Water Act by discharging arsenic from coal ash lagoons into groundwater, but also asked the appeals court to find the company liable for other CWA violations.

  • December 8, 2017

    Judge Won’t Hold Order To Kill Climate Suit Against Peabody

    A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.

  • December 8, 2017

    Texas Justices To Hear Oncor's Row With Chaparral Energy

    The Texas Supreme Court on Friday agreed to hear oral arguments in a case where Oncor Electric Delivery Co. LLC argues that a trial court judgment siding with Chaparral Energy LLC in a contract dispute over electric service to oil wells should be tossed because the Public Utility Commission of Texas is the only entity allowed to hear the dispute.

  • December 8, 2017

    Senate OKs Trump's Resources Pick Despite ANWR Concerns

    The U.S. Senate approved a key U.S. Department of the Interior deputy Thursday, giving Secretary Ryan Zinke a director of programs for gas, coal and other extraction activities on public lands.

  • December 8, 2017

    FERC Chair Asks DOE For More Time On Grid Subsidy Rule

    Energy Secretary Rick Perry on Friday granted a request by the new chairman of the Federal Energy Regulatory Commission for 30 more days to take action on a proposal to pay nuclear and coal plants for their contribution to grid reliability, although Perry asked the commissioners to work quickly.

  • December 8, 2017

    Gas Co. Covered By Texas 'Safe Harbor' In Royalties Fight

    A Texas appellate court refused Thursday to award prejudgment interest to a trust that successfully sued for oil and gas royalties, ruling that the natural gas company was protected by a "safe harbor" provision in the Texas Natural Resources Code allowing it to suspend payments when rights are in dispute.

  • December 7, 2017

    Statoil's Claims Against Ex-Exec Headed For Arbitration

    A Texas federal judge held Wednesday that Statoil must arbitrate its claims that a former executive for one of its units schemed to steal trade secrets, but rejected his efforts to force the subsidiary into arbitration and to convince the court that an arbitration agreement he signed applies to nonsignatories.

  • December 7, 2017

    Nextera Seeks Hold On $275M For EFH Ch. 11 Sale Fee Appeal

    NextEra Energy Inc. urged a Delaware bankruptcy court to set aside $275 million of Energy Future Holdings Corp.'s cash late Wednesday during an appeal from a judge’s flip-flop on rights to an equal-size termination fee award in NextEra’s scuttled EFH purchase.

  • December 7, 2017

    Third Federal Judge Exits Tribe's Dispute With Ex-Worker

    A Utah federal judge recused herself Wednesday from hearing the Ute Indian Tribe’s action looking to prevent a former employee of the tribe’s energy and minerals department from pursuing an underlying contract dispute in state court, becoming the third jurist to bow out of the federal suit since it was filed last year.

  • December 7, 2017

    BLM Finalizes Delay To Methane Venting Rule Compliance

    The U.S. Bureau of Land Management on Thursday announced it will finalize its plan to suspend or delay several provisions of an Obama-era rule limiting methane venting and flaring from gas wells on public lands as the rule may be revised or rescinded.

Expert Analysis

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • FERC Passive Interest Order May Streamline Approvals

    Seth Lucia

    The Federal Energy Regulatory Commission recently clarified that it will not treat certain passive tax equity interests in public utilities as voting securities that require transaction approval pursuant to the Federal Power Act. But firms may continue to file for approval out of an abundance of caution, say attorneys with Bracewell LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • High Court Seems Poised To Confirm Constitutionality Of IPR

    James Heintz

    Based on the questions asked during the argument on Monday in Oil States v. Greene’s, a divided U.S. Supreme Court appears likely to affirm the Federal Circuit’s decision finding that inter partes reviews conducted by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board pass constitutional muster, says James Heintz of DLA Piper.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Examining End Of EPA's 'Sue And Settle' Practice

    Maureen Mitchell

    With the stated intention of promoting transparency and public participation in the process of resolving lawsuits brought against the U.S. Environmental Protection Agency, Administrator Scott Pruitt recently issued a directive to end the “sue and settle” practices within the agency. But whether the directive will provide relief for the EPA from the policy is debatable, says Maureen Mitchell of Fox Rothschild LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • CFTC's Troubling Price Manipulation Claims Against Statoil

    Norman Bay

    Statoil ASA will pay $4 million to resolve claims that the company attempted to manipulate propane prices, but the intent evidence that the U.S. Commodity Futures Trading Commission relied upon is not very persuasive, say attorneys with Willkie Farr & Gallagher LLP.