• July 18, 2017

    Waste Co. Deal Block Shows Pitfalls Of Failing Firm Defense

    Last month, a Delaware federal judge spiked the $367 million merger of rival nuclear waste processing companies that had been challenged by the U.S. Department of Justice, and her recently unsealed opinion underscores the inherent difficulty in raising the so-called failing firm defense to salvage a transaction.

  • July 18, 2017

    Dem Senator Piles On In Pruitt's Okla. Ethics Case

    Sen. Sheldon Whitehouse, D-R.I., on Tuesday backed an ethics complaint claiming that U.S. Environmental Protection Agency Administrator Scott Pruitt misled Congress about his use of a personal email address when he was Oklahoma's attorney general.

  • July 18, 2017

    Texas Farmer Says Denbury Can't Force Pipeline Access

    A Texas farm fighting Denbury Resources Inc.’s bid to use eminent domain to take part of its property for a carbon dioxide pipeline told the Texas Supreme Court on Monday that Denbury hasn’t shown an urgent need to access and inspect the pipeline.

  • July 18, 2017

    Army, Dakota Access Push To Keep Oil Flowing During Review

    The U.S. Army Corps of Engineers and the Energy Transfer Partners unit behind the controversial Dakota Access crude oil pipeline urged a D.C. federal judge Monday to leave the agency’s approvals for the project intact as it works to fix problems he found with an environmental review.

  • July 18, 2017

    Mine Regulators Can Seek Personnel Files, 6th Circ. Says

    A divided Sixth Circuit panel on Tuesday backed a request by federal mine safety regulators for a Kentucky coal company's personnel records as part of an employee discrimination investigation, saying the request was authorized under the Mine Act and didn't violate the company's Fourth Amendment rights.

  • July 18, 2017

    DC Circ. Pans EPA Justification For Air Pollution Regs

    The D.C. Circuit on Tuesday ordered the U.S. Environmental Protection Agency to better explain why it decided that prior regulations could stand in for its duty to regulate certain hazardous air pollutants, saying the agency hadn't adequately addressed environmentalists' concerns over the use of those prior regulations.

  • July 18, 2017

    Pipeline Foes’ Suit Must Wait For FERC, DC Circ. Told

    The developers of the Atlantic Bridge pipeline project told the D.C. Circuit on Monday that parties challenging project approvals can’t get around a requirement that the Federal Energy Regulatory Commission rule on their rehearing requests before they sue, even though FERC currently lacks enough commissioners to do so.

  • July 18, 2017

    EPA Asks 4th Circ. To Reverse WV Stream Toxicity Ruling

    The U.S. Environmental Protection Agency on Monday asked the Fourth Circuit to reverse a federal judge's order forcing the agency to decide toxicity limits for West Virginia's rivers and streams, saying that the lower court can’t force the federal government to step on the state’s toes.

  • July 18, 2017

    Russia Ordered To Pay $6.2M For Seizing Greenpeace Ship

    An international tribunal has ordered Russia to pay the Netherlands nearly €5.4 million ($6.2 million) for seizing a Greenpeace ship protesting at an offshore Russian oil platform in the Arctic Ocean four years ago.

  • July 18, 2017

    Deals Rumor Mill: Adnoc, Hutchison Global, Flipkart

    Adnoc has hired Moelis to assist on an IPO of shares that could value the oil giant at up to $14 billion, multiple suitors are vying for Hong Kong-based fixed-line phone company Hutchison Global, and Flipkart has bumped up its offer to buy rival Indian e-commerce company Snapdeal.

  • July 18, 2017

    Pa. Fracking Suit Sees New Round Of Dueling Sanction Bids

    A Pennsylvania township fighting a proposed fracking project motioned Monday for sanctions against attorneys representing Pennsylvania General Energy Co. LLC, claiming that the company’s own bid for sanctions is an attempt to harass and intimidate the town.

  • July 18, 2017

    California Legislature Passes Cap-And-Trade Renewal

    California lawmakers on Monday voted to extend until 2030 the state's cap-and-trade program, the centerpiece of the state's push to decrease greenhouse gas emissions by 40 percent from 1990 levels.

  • July 18, 2017

    Atlantic Sunrise Pipeline Faces Religious Challenge In Pa.

    A Roman Catholic religious order has filed suit in Pennsylvania federal court claiming that approvals allowing the Atlantic Sunrise Pipeline to cross land it owns in Lancaster County represent illegal violations of its sacred beliefs.

  • July 17, 2017

    Calif. Counties Sue 37 Energy Cos. Over Climate Change

    Two California counties and one city on Monday filed separate but similar environmental suits in California state court claiming 37 oil, gas and coal companies knowingly caused billions of dollars in climate change-related damage to residents, businesses and the environment through the extraction and sale of their fossil fuels.

  • July 17, 2017

    $1B Paragon Ch. 11 Gets Last-Minute Delay In Rig Handoffs

    Hoping to make its more than $1 billion Chapter 11 reorganization effective this week, Paragon Offshore PLC secured Delaware bankruptcy court approval Monday for a delayed transfer of drilling rig leases to its U.K. successor.

  • July 17, 2017

    Oilfield Co. Wants Texas Justices To Lift Heavy Sanction

    A Nabors Industries Inc. unit has asked the Texas Supreme Court to review a wrongful death case brought by the estate of one of its truck operators, arguing the company was hit with an unduly harsh sanction after mistakenly failing to turn over all the names of its hazardous materials drivers.

  • July 17, 2017

    EPA Will Retain Current Limits For Nitrogen Dioxide

    The U.S. Environmental Protection Agency said Friday it won't change its hourly or annual limits for air pollutant nitrogen dioxide, fulfilling an agreement that resolved a lawsuit filed by green groups alleging the agency had blown its deadline to decide the question.

  • July 17, 2017

    Crystallex Moves Closer To Collecting $1.2B Venezuela Award

    Crystallex International Corp. has obtained a restraining notice from a New York federal court against subsidiaries of the Chinese financial firm Haitong International Securities Group Ltd., part of the Canadian miner's efforts to prevent Venezuela from dispersing assets that could be used to satisfy a confirmed $1.2 billion arbitral award against it.

  • July 17, 2017

    CST Resolves Committee DIP Concerns Over Challenge Period

    Bankrupt storage tank maker CST Industries Holdings Inc. received final approval Monday in Delaware for a $15 million post-petition lending facility after the debtor reached agreement on issues raised by the official committee of unsecured creditors.

  • July 17, 2017

    Deals Rumor Mill: Landis & Gyr, Volkswagen, Volvo

    Toshiba is leaning toward taking Swiss power meter manufacturer Landis & Gyr public, Volkswagen is mulling a sale of its Renk transmission business, and multiple suitors are vying to buy the armored vehicle business of Volvo.

Expert Analysis

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40


    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Opinion

    DOJ Would Strongly Enforce More Russia Sanctions

    Harry Dixon

    The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

  • Series

    FERC At 40: How It Became An Enforcement Agency

    David Applebaum

    Following the Western energy crisis of 2000-2001, the Federal Energy Regulatory Commission transformed itself into a robust enforcement agency. In the coming years, FERC has an opportunity to ensure that its important efforts to deter conduct in violation of federal law do not overregulate or unnecessarily increase market participants’ costs, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • Why High Court Should Find IPR Constitutional

    Kenneth Hairston

    The inter partes review constitutionality case that the U.S. Supreme Court recently agreed to hear is a perfect opportunity for the justices to exercise judicial restraint and indirectly address the public versus private property rights issue as was done in the B&B Hardware trademark case, says Kenneth Hairston, counsel at Fitch Even Tabin & Flannery LLP and a former administrative patent judge.

  • Fix Market Distortions By Putting A Price On Carbon

    Kenneth Grant

    Secretary of Energy Rick Perry has criticized “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.” But the failure to account for the social costs of carbon emissions from fossil fuels is a market distortion that remains unaddressed, say Kenneth Grant and Charles Augustine of Compass Lexecon.

  • Miners Find Themselves In The Spotlight Once Again

    John Tivey

    As mining companies continue on their rapid recovery path from the commodity price downturn, the perceived sins of the past return to haunt management teams soon to be swimming in cash, say John Tivey and Rebecca Campbell of White & Case LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.