Energy

  • April 10, 2018

    Robbins Geller To Lead InterOil Investors' Exxon Suit

    A Texas federal judge on Tuesday granted a bid from a proposed class of former InterOil Corp. shareholders to appoint Robbins Geller Rudman & Dowd LLP as lead counsel in a suit alleging they were misled into approving the Singaporean oil and gas company's $2.5 billion acquisition by Exxon Mobil Corp.

  • April 10, 2018

    Holland & Knight Nabs Texas Enviro Attys From Kelley Drye

    Holland & Knight LLP has snagged two partners from Kelley Drye & Warren LLP for its environmental litigation team, each of whom used to work as director of the litigation division at the Texas Commission on Environmental Quality.

  • April 10, 2018

    Calif. AG Sues EPA Over Air Polluter Policy Change

    The California attorney general filed a lawsuit against the U.S. Environmental Protection Agency on Monday asking the D.C. Circuit to block the agency’s recent rescission of a 1995 policy that said any facility considered to be a “major” polluter under the Clean Air Act could never be recategorized as a less prolific polluter.

  • April 10, 2018

    Koch's Oxbow Carbon Files Options For $2.6B Company Sale

    Oxbow Carbon LLC founder William I. Koch and affiliates proposed an Oxbow board-managed sale of the $2.6 billion business Tuesday to comply with a court decision mandating a cash-out for two investor groups, with a coordinator-overseen sale as an alternative.

  • April 10, 2018

    EEOC Suit Over Man Fired After Leave Gets Green Light

    An Illinois federal judge won’t allow an electrical equipment company to escape a U.S. Equal Employment Opportunity Commission suit alleging a worker was fired for refusing to retire after returning from medical leave, calling the claim he wasn’t protected by the Americans with Disabilities Act “nonsense.”

  • April 10, 2018

    Musk Seeks Appeal Over Tesla Control In SolarCity Takeover

    Tesla Inc. founder Elon Musk asked Monday for permission to appeal a Delaware Chancery Court’s decision that kept alive a consolidated shareholder suit over Tesla’s $2.6 billion acquisition of SolarCity Corp., saying the state’s Supreme Court should weigh in on whether he has a controlling interest in Tesla despite holding only a 22 percent stake.

  • April 10, 2018

    Baker Botts Snags Ex-Winston & Strawn Energy Atty In Texas

    Baker Botts LLP has bolstered its Houston team with the hire of a former Winston & Strawn LLP partner whose experience includes advising on oil and gas acquisitions, dispositions and joint ventures, cross-border deals, and other transactions in the energy industry.

  • April 10, 2018

    Pipeline Co. Urges Supreme Court To Decide NY Permit Fight

    Constitution Pipeline Co. LLC on Monday pressed the U.S. Supreme Court to review New York's denial of a water permit for a $683 million gas pipeline project, saying the Second Circuit's endorsement of the decision conflicts with rulings giving the Federal Energy Regulatory Commission primary permitting jurisdiction over interstate gas pipelines.

  • April 10, 2018

    Gas Co., Pa. Township Settle Fracking Waste Ban Dispute

    Pennsylvania General Energy Co. LLC has settled claims against a Pennsylvania township fighting a proposed hydraulic-fracturing project, with both sides agreeing that PGE's partial win against the municipality's fracking waste ban could later be appealed.

  • April 10, 2018

    Energy-Focused Firm Closes Infrastructure Fund At €3.5B

    Energy-focused investment manager Copenhagen Infrastructure Partners has closed its third fund at €3.5 billion ($4.3 billion) with contributions from 42 institutional investors that will be deployed in long-term infrastructure projects, the company said Tuesday.

  • April 10, 2018

    ENGlobal Says NASCO Contract Terms Require Payment

    ENGlobal U.S. Inc. on Monday said that its consulting and engineering contract with the Native American Services Corp. spells out that it should be paid for the work it did before the agreement was canceled, urging a Texas federal judge to reject the general contracting firm's "convoluted” arguments in favor of partial summary judgment.

  • April 10, 2018

    Duke Energy Can't Shift $2M Cleanup Costs, 6th Circ. Says

    The Sixth Circuit on Tuesday rejected Duke Energy's efforts to pierce the corporate veil and hold a FirstEnergy Corp. predecessor accountable for $1.8 million in cleanup costs at two polluted Florida sites, saying Duke hasn't provided enough evidence to show that veil-piercing is warranted under Florida state law.

  • April 10, 2018

    Okla. Tribe Member Urges Justices Not To Redo Murder Case

    A Muscogee Creek Nation member urged the U.S. Supreme Court on Monday to reject Oklahoma’s challenge to a Tenth Circuit decision that tossed his state court murder conviction and death sentence because the killing in question took place within the tribe’s reservation boundaries.

  • April 10, 2018

    Calif. Climate Torts' Remand On Hold Amid 9th Circ. Appeal

    A California federal judge agreed on Monday with Exxon Mobil Corp. and other energy companies and put on hold an order sending climate change-related litigation brought by several local governments to state court, providing the Ninth Circuit with a chance to decide its jurisdiction.

  • April 10, 2018

    DC Circ. Won't Budge On Dismissal Of FERC Rate Suit

    The D.C. Circuit on Tuesday refused to reconsider its decision to toss a suit by Kansas utility regulators accusing the Federal Energy Regulatory Commission of improperly approving future rates, despite the regulators' claim they had standing to bring their challenge.

  • April 10, 2018

    China Tees Up WTO Clash Over Security-Based Duties

    The Chinese government has formally challenged the Trump administration’s tariffs on imported steel and aluminum at the World Trade Organization, setting the stage for a high-stakes battle over Geneva’s national security exemption, according to a WTO document unsealed Tuesday.

  • April 9, 2018

    Texas Rule May Give Oil Co. Win Over Insurer in Kan. Case

    PetroSantander Inc. scored a major victory on Monday against insurer HDI Global in a coverage dispute over damages resulting from a saltwater spill, when a Kansas federal court found that HDI must show it was “actually prejudiced” by a late claim to deny coverage on that basis.

  • April 9, 2018

    6th Circ. Revives Engine Manufacturer Worker’s ERISA Claim

    The Sixth Circuit on Monday partly reversed the dismissal of a lawsuit from a former employee of engine manufacturer Atlas Industries Inc. over allegations he was improperly fired, with two judges on the panel finding the worker’s claim that his firing was motivated by his son’s hefty medical bills should be returned to the lower court.

  • April 9, 2018

    SEC Accuses Pair Of Raising $3.8M In Ponzi, Drilling Schemes

    The U.S. Securities and Exchange Commission sued two Texas men on Monday, saying they raised $3.8 million from dozens of elderly investors and spent it on themselves while claiming that the money was placed with “safe” real estate and energy investments.

  • April 9, 2018

    EPA, Corps Fight Restart Of States' Clean Water Rule Row

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Friday objected to a recent ruling that resumed a lawsuit with which a North Dakota-led coalition of states is challenging a controversial Obama-era rule defining the Clean Water Act’s reach, saying the case should instead be halted for another year.

Expert Analysis

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Lessons Learned From The Oil Patch Blues

    Tom Howley

    Now that crude oil prices appear to have stabilized, previously restructured oil and gas companies are once again looking to increase production and expand their asset bases. Bankruptcy created a competitive advantage for many reorganized entities, while companies that did not file are still in damage control, say attorneys with Jones Day.

  • Guest Feature

    George Pataki: The Farmer From Peekskill

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    In a conversation ranging from Wall Street lawyering to Howard Stern to the shape of the New York Court of Appeals, White and Williams LLP counsel Randy Maniloff sits down with former New York Gov. George Pataki at his office at Norton Rose Fulbright.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Roundup

    EPA In The Trump Era

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    In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

  • 9th Circ. CWA Decision Could Pose New Compliance Risks

    Bernadette Rappold

    With the Ninth Circuit's recent decision in Hawaii Wildlife Fund v. County of Maui, environmentalists have scored a victory under the Clean Water Act that may cause a widespread re-evaluation of permitting status and engender a wave of citizen suits, says Bernadette Rappold of Greenberg Traurig LLP.

  • Series

    EPA In The Trump Era: Enforcement And Compliance Changes

    Wayne D'Angelo

    The U.S. Environmental Protection Agency’s enforcement machine does not turn on a dime, and a year of enforcement data does not establish a trend. While the first 12 months may not have cemented a new approach to enforcement and compliance, year two is as good a time as any to offer a few first impressions, says Wayne D'Angelo, former director of strategic planning and advance at the EPA and a partner at Kelley Drye & Warren LLP.

  • Getting Back To Basics With Master Limited Partnerships

    Jeffery Malonson

    It has been a rough three years in the energy sector. During the downturn, upstream master limited partnerships, large and small, were disproportionately affected. If we have learned anything from this cycle, it is that we should endeavor to structure MLPs to withstand even the harshest price environments, says Jeffery Malonson of King & Spalding LLP.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.