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  • October 10, 2018

    Sunoco Wants Pa. Pipeline Damage Class Action Trimmed

    Sunoco Logistics Partners on Tuesday urged a Pennsylvania federal judge to trim a proposed class action claiming that construction of its controversial Mariner East 2 pipeline caused significant property damage and left homeowners at risk of possible catastrophic explosion.

  • October 10, 2018

    Senate Sends Water Infrastructure Legislation To Trump

    The U.S. Senate on Wednesday overwhelmingly passed a water infrastructure construction and reform bill that authorizes dozens of new projects including upgrading aging drinking water, wastewater and irrigation systems.

  • October 10, 2018

    UK Antitrust Regulator Clears Power Co. Merger

    The United Kingdom's antitrust watchdog agreed Wednesday to a merger between two natural gas and electricity companies, concluding that the crowded field of domestic British retail energy companies will continue to give consumers "plenty of choice" after the tie-up.

  • October 10, 2018

    Ky. Utility Wants 6th Circ. Redo On Groups' Pollution Claims

    Kentucky Utilities Co. has asked the Sixth Circuit to rehear a panel’s decision that allowed environmentalists to bring claims under the Resource Conservation and Recovery Act over allegations the utility’s coal ash was polluting waterways.

  • October 9, 2018

    Utility JV Wins €13M In UK Power Cartel Damages Suit

    A Swiss-based multinational was found liable Tuesday for €13 million ($15 million) in overcharges to a joint venture between the United Kingdom and Dutch electricity grid owners that was harmed by an electricity cable cartel.

  • October 9, 2018

    OK To Have Electric Car Credit Repeal In Larger Deal: Senator

    A leading Republican senator who introduced legislation Tuesday that would repeal the tax credit for electric vehicle consumers is open to having that bill included in a larger tax-oriented deal that could come up later this year.

  • October 9, 2018

    Conoco Says Eagle Ford Partner Must Bear Transport Costs

    A ConocoPhillips Co. unit told the Texas Supreme Court in oral arguments Tuesday it is entitled to reduce royalties it pays to Eagle Ford Shale business partners to account for costs it incurs treating and transporting oil and gas.

  • October 9, 2018

    Ampal Reaches $150M Deal To Resolve Gas Row With Egypt

    Bankrupt Ampal-American Israel Corp. has reached a $150 million deal to resolve several arbitrations involving Egypt and two state-owned oil and gas companies — one of which resulted in a $1.033 billion arbitral award against Egypt — stemming from a terminated natural gas deal, according to documents filed in New York bankruptcy court.

  • October 9, 2018

    Nigeria Appeals Denied Bid To Seek Immunity Over $9B Award

    Nigeria has appealed to the D.C. Circuit to challenge an order requiring it to present all its defenses against an engineering company's suit seeking to confirm a roughly $9 billion arbitration award without first getting a ruling on whether the country has immunity under the Foreign Sovereign Immunities Act.

  • October 9, 2018

    7th Circ. Won't Budge From Ill. Nuke Subsidy Ruling

    The Seventh Circuit on Tuesday refused to reconsider its ruling backing subsidies offered by Illinois to prop up struggling nuclear power plants, rejecting a rehearing request from a coalition of independent power producers who argued that the decision rested on incorrectly presuming that a lower court granted summary judgment.

  • October 9, 2018

    PE Firm Says Arbitrator Conflict Tainted Fight Over $70M Deal

    An affiliate of a Delaware-based private equity fund urged a Florida federal court Monday to vacate a $2.25 million arbitration award related to its $70 million sale of a leading Jamaican fuel distributor, based on its argument that one of the arbitrators concealed connections to the buyer's counsel.

  • October 9, 2018

    Locke Lord Sued For Malpractice Over Stolen Escrow Funds

    Locke Lord LLP and a Pennsylvania lawyer committed a "combined failure" to protect an oil company's escrow funds, resulting in theft of the funds and a loss of more than $3 million, the oil company alleges in a federal suit filed Friday.

  • October 9, 2018

    Justices Allow SG To Argue Wash. Fuel Tax Applies To Tribe

    The U.S. Supreme Court will allow the U.S. solicitor general to present oral arguments in Washington state’s appeal of a state court finding that a Yakama Nation-owned fuel distributor isn’t liable for fuel importation taxes, according to a Tuesday order.

  • October 9, 2018

    5th Circ. Sides With Kiewit In $9.5M Drilling Contract Row

    The Fifth Circuit on Monday upheld a ruling in favor of fabricator Kiewit Offshore Services Ltd. in its nearly $9.5 million payments dispute with Dresser-Rand Global Services Inc. over their contract for a pair of compression modules to be used on a Gulf of Mexico offshore oil-drilling platform.

  • October 9, 2018

    ND Tribal Landowners Hit Texas Oil Cos. With Pipeline Suit

    Landowning members of the Three Affiliated Tribes hit a group of Texas oil companies with a proposed class action in federal court, alleging the companies have been operating an oil pipeline across their North Dakota reservation lands without getting the landowners’ permission.

  • October 9, 2018

    Mining Association Asks 9th Circ. To Revisit Oregon Regs

    The American Exploration & Mining Association said the Ninth Circuit should revisit its recent split panel decision that upheld an Oregon measure prohibiting motorized mining methods in certain salmon habitats, arguing the opinion conflicts with the intent of Congress.

  • October 9, 2018

    Commerce Finds Mexican Steel Pipes, Tubes Were Dumped

    The U.S. Department of Commerce has preliminarily determined that sales of certain types of carbon steel pipes and tubes from Mexico have been sold in the United States at unlawfully low prices, the department plans to announce on Wednesday.

  • October 9, 2018

    2nd Circ. Mulls Unsettled McDonnell Issues In Guinean Case

    A convicted former Guinean mining minister's attorney told an appeals court panel on Tuesday that the Supreme Court's McDonnell ruling should apply to foreign bribery law, leading one appellate judge to muse that the Second Circuit has yet to limit the ruling to specific laws.

  • October 9, 2018

    Westmoreland Coal Hits Ch. 11 With Plan For Lender Takeover

    Westmoreland Coal Co. on Tuesday became the latest coal company to file for Chapter 11, telling a Texas bankruptcy court it has reached an agreement with a lender group to restructure $90 million in debt and sell off its core business assets.

  • October 9, 2018

    FERC Urges DC Circ. Not To Revisit Retroactive Costs Ruling

    The Federal Energy Regulatory Commission on Tuesday urged the D.C. Circuit to retain its decision backing the commission's order of retroactive surcharges to correct a flawed cost-share calculation for keeping an unprofitable-but-needed power plant operating, saying it's the legally proper view of FERC's remedial authority under the Federal Power Act.

Expert Analysis

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • A New Direction For EPA Enforcement Program

    Andrew Stewart

    After two decades, the U.S. Environmental Protection Agency is overhauling its enforcement framework to shift the focus to nontraditional methods. A push for significant changes in this realm is unsurprising since the agency has much greater running room under the Administrative Procedure Act, say Andrew Stewart and Richard Alonso of Sidley Austin LLP.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Affordable Clean Energy Rule: A New Path To GHG Reduction

    Jane Montgomery

    The Affordable Clean Energy rule, proposed by the U.S. Environmental Protection Agency last week, is already controversial. Critics focus on limited greenhouse gas reductions from efficiency projects, but the rule works in concert with market forces and existing law, says Jane Montgomery of Schiff Hardin LLP.

  • Cos. Must Prepare For Toughening Russia Sanctions

    Mario Mancuso

    On Monday, the U.S. Department of State enacted the first round of sanctions against Russia in response to the March 2018 poisoning of the Skripal family in the United Kingdom. The impact of these sanctions is somewhat limited, but the next round of sanctions, expected in early November, may be more sweeping, say attorneys with Kirkland Ellis LLP.

  • 2nd Circ. Restricts The FCPA's Reach

    Brad Karp

    The Second Circuit’s opinion last week in U.S. v. Hoskins limits the U.S. Department of Justice’s ability to prosecute foreign individuals or companies for Foreign Corrupt Practices Act violations. The opinion also flatly contradicts the U.S. Securities and Exchange Commission’s 2012 FCPA resource guide, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Delaware Decision Clarifies MFW's Ab Initio Requirement

    Gail Weinstein

    The Delaware Chancery Court's ruling last month in Olenik v. Lodzinski is notable for providing a substantial discussion of the difference between “negotiations” and “preliminary discussions” for determining whether a merger meets MFW's “ab initio requirement” and qualifies for review under the deferential business judgment rule standard, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • How FERC's July Order Affects Gas Pipelines

    Paul Forrester

    Earlier this summer, the Federal Energy Regulatory Commission adopted an order to force a review of cost-based rates and to implement its current policy on the treatment of income taxes. The order includes procedures for determining which jurisdictional natural gas pipelines may be collecting unjust and unreasonable cost-based rates, says J. Paul Forrester of Mayer Brown LLP.