• April 13, 2018

    DC Circ. Tells NLRB To Try Again On Unfair Firing Case

    The D.C. Circuit on Friday vacated the National Labor Relations Board's finding that a Texas electric company illegally fired a worker over his testimony at a state Senate hearing, directing the board to flesh out how it decides whether federal labor law protects workers when they criticize their employers before third parties.

  • April 13, 2018

    Mass. Top Court Won't Quash AG Climate Probe Of Exxon

    Massachusetts' top court on Friday upheld the dismissal of ExxonMobil's legal challenge of Massachusetts Attorney General Maura Healey's climate change probe, dealing the oil giant a second defeat within a month in its fight against her investigation into whether Exxon concealed its climate knowledge from investors.

  • April 12, 2018

    NextEra Fights To Keep $60M Expense Claim Against EFH

    NextEra Inc. objected late Wednesday in Delaware to a motion to dismiss its $60 million administrative expense claim against the estate of reorganized debtor Energy Future Holdings Inc., saying it is entitled to payment of the costs it incurred while pursuing an acquisition of the debtor’s assets last year.

  • April 12, 2018

    Attys Vie To Lead Challenge To Gas Partnership Conversion

    Two attorney groups argued Thursday for the lead counsel role in a Delaware Chancery Court class action challenging a natural gas well investment partnership’s plan to convert into a corporation, saying the deal could cost preferred unitholders more than $237 million.

  • April 12, 2018

    Ex-Pruitt Aide Saw Punishment For Ethics Flags, Dems Say

    A former top aide to U.S. Environmental Protection Agency Administrator Scott Pruitt said he and others were punished with demotion, marginalization and threats when they raised concerns about possible ethics problems related to Pruitt’s spending and management, several congressional Democrats said Thursday.

  • April 12, 2018

    SunPower Investors’ Stock-Drop Suit May Be Thrown Out

    A California federal judge said Thursday he’s inclined to toss with leave to amend a putative securities class action claiming SunPower Corp. fraudulently overstated its financial projections, causing its stock to drop 30 percent, saying the fraud allegations are insufficient and “there’s nothing hidden from the public here.”

  • April 12, 2018

    Tallgrass Energy Investors Say Merger Plan Lacks Key Info

    A pipeline operator and its board of directors have violated the Exchange Act by omitting certain financial information from documents filed with the U.S. Securities and Exchange Commission relating to a merger agreement, says a proposed class action filed Thursday in Delaware federal court.

  • April 12, 2018

    Trump Demands Changes To EPA Air Pollution Programs

    President Donald Trump on Thursday instructed the U.S. Environmental Protection Agency to make it easier for states and industries to comply with national air emissions standards for pollutants like ozone, nitrogen dioxide and lead, a move promptly denounced by environmentalists.

  • April 12, 2018

    Judge Rips Feuding Parties In NY Solar Co.'s Ch. 11

    Level Solar Inc. narrowly fended off a bid by its former CEO to liquidate the case, after a New York bankruptcy judge admonished both parties for “mudslinging nonsense” at a contentious hearing Thursday while saying she would give the debtor a few more weeks to get its act together.

  • April 12, 2018

    Real Estate Rumors: Ruben, Augustus Miller, Walton Street

    A Ruben Cos. venture has reportedly landed a $205 million loan from MetLife for a New York property, Miller Oil's Augustus Miller is said to have dropped $9.5 million on a Florida medical office center, and a Walton Street venture is reportedly buying an Illinois office complex for $125 million.

  • April 12, 2018

    Statoil, Ex-Employee Settle Wrongful Termination, Fraud Row

    A dispute between Statoil Gulf Services LLC and an accountant who alleged she was fired in retaliation after telling superiors she believed some in the company were committing shareholder and securities fraud in violation of federal law, has been settled, the parties told a federal judge in Texas on Wednesday.

  • April 12, 2018

    Senate Confirms Faegre Baker's Wheeler For EPA's No. 2 Post

    The U.S. Senate on Thursday confirmed Faegre Baker Daniels LLP attorney and lobbyist Andrew Wheeler to serve as the U.S. Environmental Protection Agency's deputy administrator, putting in place a potential replacement who could step in as acting EPA chief if Administrator Scott Pruitt is fired or steps aside.

  • April 12, 2018

    Williams Wants FERC's OK For $405M Pipeline Upgrade

    Williams Partners LP on Wednesday asked the Federal Energy Regulatory Commission to approve a proposed $405 million expansion of its Transcontinental natural gas pipeline system in several Southeastern states in order to provide increased supplies within the region.

  • April 12, 2018

    Calif. Oil Co. Fined $12.5M Over 1,466 Alleged Violations

    A California regulator on Wednesday fined an oil company $12.5 million for what it characterized as “major safety violations” related to its work in an Orange County oil field, adding that the company was blamed for committing nearly 1,500 violations over the course of 2017.

  • April 12, 2018

    4th Circ. Revives Kinder Morgan Gas Spill Groundwater Suit

    The Fourth Circuit on Thursday revived environmentalists’ lawsuit over a Kinder Morgan Energy Partners LP subsidiary’s gasoline pipeline spill in South Carolina, finding that the Clean Water Act covers their claims that the spill contaminated nearby creeks and wetlands after traveling through groundwater.

  • April 11, 2018

    Energy Entrepreneur Gets 4 Years For $1.2M Pipeline Scheme

    The owner of an energy company must serve more than four years in prison after a jury convicted him of securities fraud and other crimes related to a scheme that defrauded nearly $1.2 million from 11 investors, a Kentucky federal judge ruled Wednesday.

  • April 11, 2018

    DOI Watchdog Questions Legality Of Exec Reassignments

    The U.S. Department of Interior’s top watchdog said Wednesday it’s unclear whether the agency legally reassigned dozens of senior executives, fueling criticism from Senate Democrats that the reassigned officials were politically targeted for their work on climate change, energy and conservation.

  • April 11, 2018

    Amazon, Other Cos. Avoid Tax On $24.5B Profits, Study Says

    A tax watchdog group on Wednesday said Amazon, Duke Energy and Kinder Morgan are among 15 companies that legally avoided paying federal income tax on about $24.5 billion in profits in 2017, part of what the group said is the widespread nature of corporate tax avoidance schemes that predated December’s federal tax overhaul.

  • April 11, 2018

    Ukrainian Co. Sees $50M Award Revived By French Court

    France's highest court has reinstated a $50 million arbitral award issued to a Ukrainian energy company in a dispute with the Republic of Moldova stemming from an energy supply agreement, which had previously been set aside on jurisdictional grounds.

  • April 11, 2018

    Earthjustice Reports Court Access Hampered Under Trump

    Through administrative policies and legislation, the Trump administration and Congress are taking steps to limit or eliminate access to the courts, Earthjustice asserted in a report it released on Wednesday.

Expert Analysis

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Considerations For Appointing Equity Committees In Ch. 11

    Shivani Shah

    Equity security holders are increasingly requesting the appointment of official equity committees to represent their interests in bankruptcy cases. Shivani Shah of Norton Rose Fulbright examines the bases for such appointments and the standard that courts apply in evaluating such requests.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • New Bribery Suit's Implications For Venezuela Restructuring

    Richard Cooper

    The decision by Venezuela’s state-owned oil company PDVSA to pursue claims in the U.S. over an alleged bribery scheme raises a number of legal and strategic issues not just for the defendants named in the suit, but also for PDVSA’s bondholders and creditors of the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • What FERC's Order 842 Means For New Generation Facilities

    Blake Urban

    Last month, the Federal Energy Regulatory Commission revised its regulations to require all newly interconnecting generation facilities to install, maintain and operate equipment capable of providing primary frequency response. Because this order may impose significant costs and disadvantage new generation in the marketplace, legal challenges are likely, say attorneys with Bracewell LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Section 232 Tariffs: More Questions Than Answers

    Donald Cameron

    The recent announcement of new steel and aluminum tariffs provided few answers regarding their scope and operation. The sooner definite procedures for exclusions and exemptions are established, the better for the global economy, say Donald Cameron and Mary Hodgins of Morris Manning & Martin LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.