• September 13, 2017

    Feds Urge 9th Circ. To Nix Kids' Climate Suit

    The federal government told the Ninth Circuit that it should be able to escape a climate change suit brought by youths accusing the government of endangering people by encouraging fossil fuel development, saying that the lower court's decision to allow the case to proceed was wrong.

  • September 13, 2017

    Moldova's Appeal Of $27M Ruling Bounces To Lower Court

    Moldova on Tuesday agreed to drop a Second Circuit appeal of a $27.5 million judgment against it over a dispute involving natural gas supply contracts in Russia so that challenges to the award, issued to a British Virgin Islands company, can be streamlined in a lower court.

  • September 13, 2017

    Ukraine Says DC Court Can't Duck Duty In $112M Award Row

    Ukraine on Tuesday reiterated its request that a D.C. federal court toss Russian energy company PAO Tatneft's bid to confirm a $112 million award following the forced takeover of the country’s largest refinery, arguing that the court had a duty to decide that the company is partly owned by a Russian state and therefore can’t sidestep Ukraine’s foreign sovereignty exemption.

  • September 12, 2017

    Westinghouse Can Pay Bonuses To Retain Key Employees

    Westinghouse Electric Co. LLC was given the green light Tuesday to implement a $13.8 million bonus program meant to incentivize more than 200 of the bankrupt nuclear energy giant’s employees to continue working over the coming months while the company is in Chapter 11.

  • September 12, 2017

    Oil Exec Accused Of Lying To Banks Is Convicted Of Contempt

    An oil businessman who failed to disclose his assets to a Chinese bank that won a $5 million judgment against him was found guilty of criminal contempt on Tuesday, with a New York federal jury taking less than three hours to convict.

  • September 12, 2017

    Cravath Tells 2nd Circ. Shell Docs Secrecy Is 'Iron-Clad'

    Cravath Swaine & Moore LLP asked the Second Circuit on Tuesday to reverse a lower court’s decision ordering it to turn over Royal Dutch Shell documents in connection with litigation in the Netherlands, saying the documents are covered by an “iron-clad” confidentiality agreement and being forced to give them up would invite discovery tourism.

  • September 12, 2017

    Seward & Kissel Must Face Lighting Co. Ex-Owner’s Suit

    A New York federal judge on Tuesday denied Seward & Kissel LLP’s bid to toss a malpractice suit, finding the suit plausibly alleged the firm failed to conduct due diligence over the sale of a lighting efficiency company to another company later implicated in a Ponzi scheme.

  • September 12, 2017

    Ex-DOJ Enviro Atty Joins Jenner & Block's DC Office

    Jenner & Block announced Tuesday the firm is welcoming back Sam Hirsch after his stint at the U.S. Department of Justice's Environment and Natural Resources Division, where he was deeply involved in the Deepwater Horizon litigation and settlement.

  • September 12, 2017

    Texas Panel Affirms Exxon's Early Win In Age Bias Suit

    A Texas appellate court sided with ExxonMobil Development Company and Exxon Mobil Corporation on Tuesday in an age discrimination and retaliation lawsuit brought by a former employee, holding he hadn't shown that Exxon's stated reason for his firing had anything to do with his age.

  • September 12, 2017

    K&L Gates Picks Up Oil & Gas Duo From Winstead In Texas

    K&L Gates LLP added to its Fort Worth, Texas, office two oil and gas litigators from Winstead PC who represent a number of midstream and upstream energy companies and have a niche in eminent domain work, the firm announced Monday.

  • September 12, 2017

    Contractor Urges DC Circ. Not To End Appeal Of $8.5M Award

    A U.S. engineering firm challenging an $8.5 million arbitration award against it issued to an Afghan builder asked the D.C. Circuit to deny the builder’s bid for a quick escape from the appeal, arguing that the public policy issues in the case are too complex to be decided by summary judgment.

  • September 12, 2017

    3rd Circ. Backs Pa. Property Seizure For $1.9B Pipeline

    The Third Circuit on Tuesday affirmed a decision allowing a Williams Partners LP unit to immediately take possession of a Pennsylvania landowner's property for its $1.9 billion Atlantic Sunrise project, saying the lower court properly concluded that the pipeline developer's condemnation suit would likely succeed.

  • September 12, 2017

    10th Circ. Freezes Utah Haze Fight After EPA Revisits Regs

    The Tenth Circuit on Monday paused a federal plan to reduce haze in Utah that would require major upgrades to two coal-fired power plants, saying it wouldn’t waste its time considering the plan now that it's under review by the U.S. Environmental Protection Agency.

  • September 12, 2017

    No Stay For High Court Bid In Navajo Right-Of-Way Suit

    A New Mexico federal judge on Monday rejected a bid to continue a pause on two combined cases about the operation of a crucial transmission line over land allotments partly owned by members of the Navajo Nation, saying the state utility operating the line failed to show good cause to extend the stay.

  • September 12, 2017

    Enviros Say 3rd Circ. Got Pa. Pipeline Permit Ruling Wrong

    The Delaware Riverkeeper Network on Tuesday urged the Third Circuit to reconsider its backing of Pennsylvania water permits for a Kinder Morgan unit's $143 million natural gas pipeline project, saying the ruling clearly conflicts with an earlier decision upholding a U.S. Army Corps of Engineers permit for the project.

  • September 12, 2017

    Quebec Environmentalists Urge ICSID To Toss Driller's Claim

    The Quebec Center of Environmental Law urged an International Centre for Settlement of Investment Disputes tribunal to reject a U.S. natural gas driller’s request for $103.6 million in damages related to oil exploration permits after the province banned drilling beneath the St. Lawrence River, arguing that it’s settled international law that governments can act to protect the public interest even if the issue isn’t scientifically settled.

  • September 12, 2017

    Top NY Court Won't Take Up Exxon Climate Subpoena Appeal

    New York's highest court on Tuesday rejected ExxonMobil's appeal of rulings ordering its outside auditor PricewaterhouseCoopers LLP to comply with state Attorney General Eric Schneiderman's subpoena for documents as part of his climate change probe of Exxon, documents that Exxon asserted were subject to accountant-client privilege under Texas law.

  • September 12, 2017

    UK Accepts Fixes In £2.23B Wood-Amec Energy Services Deal

    The U.K.’s Competition and Markets Authority has accepted remedies proposed by oilfield services firm Wood Group to alleviate concerns that its £2.23 billion ($2.96 billion) acquisition of rival Amec Foster Wheeler would harm competition, the agency said Tuesday.

  • September 12, 2017

    Ex-Yukos Shareholders Say Russian Atty Is Elusive

    Former Yukos Oil Co. shareholders on Monday asked a California federal judge to allow them to serve by other means a lawyer believed to have information on Russia’s alleged efforts to manipulate foreign courts into setting aside a $50 billion award issued against the country related to the company's bankruptcy, arguing that the attorney is ducking their appeal proceedings.

  • September 12, 2017

    DOE, Enviro Group Denied Quick Wins By Judge In FOIA Suit

    A D.C. federal judge on Monday shot down competing bids for quick wins in an environmental group’s lawsuit seeking to force the U.S. Department of Energy to release records concerning a Mississippi power plant, finding that material factual issues still remain.

Expert Analysis

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Even An Unsigned Email Can Be A Legally Binding Contract

    Jonathan Jaffe

    A Texas appeals court recently held that an email exchange constituted a signed legally enforceable contract. The ruling is a reminder that parties negotiating contracts in email should generally avoid making unconditional statements, and classic contractual terms such as “offer,” “acceptance” and “agreement” should be used with care, say attorneys with Mayer Brown LLP.

  • The Working Capital Adjustment Dispute That Never Was

    Brian Lamb

    In Chicago Bridge & Iron v. Westinghouse Electric, the Delaware Supreme Court held rather decisively that a buyer could not avoid a liability bar by couching its concerns over historical financial statements as a working capital adjustment dispute. It is possible, however, to draft language that would lead to a different result than the one in this case, say Brian Lamb and Anthony Rospert of Thompson Hine LLP.

  • Puerto Rico Bondholders Share The Pain


    Recent actions by Puerto Rico’s oversight board create a relatively broad band of recovery levels for bondholders. Investor uncertainty will likely persist for the near and medium terms, says Bradley Wendt of Charles River Associates.

  • Mineral Liens Can Be Contractually Waived In Texas

    Brian Mitchell

    The U.S. Bankruptcy Court for the Northern District of Texas recently held that an advance contractual waiver of mineral liens contained in a master service agreement between an oil and gas operator and multiple oilfield service companies was enforceable. The case is likely to influence future drafting and negotiation of master services agreements, say Brian Mitchell and Clark Donat of Bracewell LLP.

  • How New York State Is Making Energy Storage A Priority


    In June, the New York State Legislature passed the Energy Storage Deployment Program bill to incentivize greater use of energy storage technologies. This will be a critical piece of a multipronged strategy to flatten the peaks and troughs of the daily electricity load profile and enable high penetration of intermittent renewables, say Thomas Puchner and Kevin Blake of Phillips Lytle LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.