• May 19, 2017

    DC Circ. Revives Car Battery Maker's DOE Loan Denial Fight

    The D.C. Circuit on Friday reversed a lower court decision remanding a car battery maker's $15 million loan dispute to the U.S. Department of Energy, saying it had effectively killed the suit since the DOE didn't intend to revisit the company's challenges to its decisions.

  • May 19, 2017

    Enviro Urges FERC To Deny Fla. Pipeline In-Service Request

    The Sierra Club asked the Federal Energy Regulatory Commission on Thursday not to approve a developer’s request to place facilities on a $3.5 billion Florida pipeline into service while the D.C. Circuit considers challenges to the project’s authorization.

  • May 19, 2017

    Deals Rumor Mill: Toshiba, EDF, Ducati

    Second-round bids for Toshiba's multibillion-dollar memory chip business have been placed, the European Commission will approve EDF's acquisition of a majority stake in the nuclear reactor business of Areva and multiple suitors are interested in a possible acquisition of Italian motorcycle company Ducati.

  • May 19, 2017

    NY Lawmakers Want DOE To Rethink Nuclear Waste Transport

    Senator Kirsten Gillibrand and Congressman Brian Higgins called on Thursday for the Trump administration to delay a plan to transport liquid uranium from Canada to South Carolina until there’s been an environmental study of the project’s risks, saying highly radioactive material has never before been transported over public roads in liquid form.

  • May 19, 2017

    FERC Can Order Fed. Power Co. Repayment, DC Circ. Says

    The D.C. Circuit said Friday that the Federal Energy Regulatory Commission wrongly concluded that it couldn't make the federally owned Bonneville Power Administration pay back a power producer's refunds that FERC determined should never have been made.

  • May 18, 2017

    Black Elk Trustee Gets $29M In Platinum Partners Claims

    The litigation trustee for the defunct Black Elk drilling operation is set to recover up to $29.6 million from Platinum Partners as part of its Texas bankruptcy court adversary proceeding for claims stemming from the hedge fund’s allegedly long-ranging securities fraud scheme, according to a settlement announced Thursday.

  • May 18, 2017

    SunEdison Says It's Poised To Solicit Votes On Ch. 11 Plan

    SunEdison Inc. told a New York bankruptcy court on Wednesday that after resolving several objections to its Chapter 11 plan disclosures and reaching a critical accord with its key creditors, it is in position to move forward with soliciting votes for its exit from bankruptcy.

  • May 18, 2017

    Colo. Agency Asks State Justices To Reverse Fracking Ruling

    The Colorado Oil and Gas Conservation Commission on Thursday asked the state Supreme Court to review an appeals court’s holding that the commission incorrectly concluded it could not adjust its permit process to dedicate more resources to studying fracking projects’ effects on public health and safety.

  • May 18, 2017

    Cooperman, Omega Pen $4.9M Insider Trading Deal With SEC

    Omega Advisors Inc. and its billionaire founder Leon Cooperman reached a $4.9 million deal in the U.S. Securities and Exchange Commission’s insider trading case that the hedge fund investor had called “untested,” according to a consent order that lets Cooperman continue working in the securities industry.

  • May 18, 2017

    GulfMark Gets Interim Clearance For 'Unusual' DIP Loan

    A Delaware bankruptcy judge on Thursday allowed GulfMark Offshore Inc. to tap up to $20 million of what the oil services company acknowledged was an “unusual” post-petition loan, which is extended by a nondebtor affiliate in Norway from financing originally issued by DNB Bank ASA.

  • May 18, 2017

    DC Circ. Grants EPA's Request To Pause Methane Rule Cases

    The D.C. Circuit on Thursday paused consolidated challenges to the U.S. Environmental Protection Agency’s methane rule for new oil and gas infrastructure and to other previous emissions rules for the sector, after the agency argued its review of the latest rule under an executive order by President Donald Trump could impact the disputes.

  • May 18, 2017

    Perry's DOE Grid Study Looks Slanted, Grassley Says

    Iowa Republican Sen. Chuck Grassley wrote a letter Wednesday to U.S. Department of Energy Secretary Rick Perry, expressing concerns that a study he requested on the long-term reliability of the electricity grid appeared slanted against renewable energy.

  • May 18, 2017

    Nev. Solar Project Gets 9th Circ. Nod Over Tortoise Concerns

    The Ninth Circuit on Thursday rejected an environmental group’s challenge to the U.S. Department of the Interior’s approval of First Solar Inc.'s project in Nevada, finding no fault with the government’s assessment that the effort would not adversely affect the local desert tortoise population’s habitat.

  • May 18, 2017

    PetroChina Rips Carlton's Arbitration Waffling In $1B Oil Spat

    PetroChina struck back in Texas federal court Wednesday at a Houston-based energy investor’s refusal to accept a long-sought arbitration agreement and accusations that PetroChina inserted new arguments into a dispute potentially worth $1 billion in profit sharing from an African oil field.

  • May 18, 2017

    Ontario Raises $2B After Selling Stake In Hydro One

    The government of Ontario has raised approximately CA$2.8 billion ($2 billion) through a secondary share sale of electric power utility Hydro One, the provincial government announced on Wednesday.

  • May 18, 2017

    Tidewater Hits Ch. 11 With Plan To Rework $2B In Debt

    Offshore oil sector services vessel company Tidewater Inc. filed for Chapter 11 protection late Wednesday in Delaware with a prepackaged Chapter 11 plan that aims for a quick restructuring of its roughly $2 billion in debt in part with an equity swap.

  • May 18, 2017

    High Court Urged Again To Find AIA Reviews Unconstitutional

    Oil States Energy doubled down on its efforts to get the U.S. Supreme Court to weigh in on the legality of America Invents Act inter partes reviews, saying Monday that they’re unconstitutional because the Patent Trial and Appeal Board has no authority to invalidate patents.

  • May 18, 2017

    NJ Utility Wins Appeals In Battle Over Substation Project

    The New Jersey Appellate Division on Thursday handed down rulings in favor of Public Service Electric & Gas Co.'s plans for a substation in South Brunswick Township, saying the project would ensure that safe and efficient electrical power is provided to thousands of property owners amid growing energy demands.

  • May 18, 2017

    Watchdog Says DOI, HHS Struggle With Tribal Programs

    The U.S. Department of the Interior and the Department of Health and Human Services both have “serious weaknesses” running programs for Native American tribes, particularly when it comes to how some of the agencies' units manage energy resources, oversee education services and administer health care, a watchdog said Wednesday.

  • May 18, 2017

    Enviros Sue State Dept. For Keystone XL Route Info

    The Center for Biological Diversity on Thursday sued the U.S. Department of State in D.C. federal court, claiming the agency is illegally withholding information on the route of the Keystone XL pipeline and information about private contractors hired to work on environmental reviews for the controversial project.

Expert Analysis

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • Commercial Solar Power Purchase Agreements: 6 Key Points

    Heather Cooper

    Commercial-scale solar power has consistently lagged behind utility-scale and residential solar, due to a lack of standardization and high transaction costs. Unlike the residential solar market, commercial-scale projects generally do not use standardized power purchase agreements or other project documents. Attorneys from McDermott Will & Emery LLP suggest six standard contract terms that developers should use to streamline power p... (continued)

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Offshore Decommissioning Liability And Bankruptcy

    Edward Ripley

    It is more important than ever to prepare for disposal and environmental remediation of oil and gas infrastructure when it is no longer economically viable. But accounting for decommissioning obligations can turn into a game of “hot potato,” especially during bankruptcy proceedings. Edward Ripley and Eldy Roché of King & Spalding LLP discuss two important lessons regarding decommissioning liability of offshore installations.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • District Court Sabine Ruling: Bad News For Midstream Cos.

    Mark D. Sherrill

    The U.S. District Court for the Southern District of New York has affirmed that Sabine Oil & Gas Corporation can reject some gathering contracts with midstream energy companies, for lack of valid covenants running with the land. The ruling is another unfavorable result for midstream firms dealing with distressed oil and gas producers, say Mark Sherrill and Stephany Olsen LeGrand of Eversheds Sutherland (US) LLP.

  • How Terror Group Label For IRGC Could Impact Iran Deal

    Anthony Rapa

    The Trump administration recently floated the idea of designating Iran’s Islamic Revolutionary Guard Corps as a foreign terrorist organization. This could seriously impact sanctions relief under the Iran nuclear deal, because it would make any business dealings with a company owned or controlled by senior IRGC officers — as up to 200 Iranian companies may be — a potential crime, says Anthony Rapa of Steptoe & Johnson LLP.

  • Indian Country Should Defend Environmental Protections

    Charles W. Galbraith

    As he promised in his campaign, President Donald Trump has been rolling back Obama-era environmental regulations since his first full day in office. Indian Country's leadership may be needed, now more than ever, in the many fights yet to come on environmental issues that could impact lands beyond any pipeline, says Charlie Galbraith of Kilpatrick Townsend & Stockton LLP.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.