• September 11, 2017

    Utility Asks Justices To Rule On Immunity In SolarCity Case

    An Arizona utility has asked the U.S. Supreme Court to overturn a Ninth Circuit ruling that refused it an immediate appeal of a lower court’s determination that the utility wasn’t immune from SolarCity Corp.’s antitrust suit, arguing the case would address an important threshold issue and resolve a circuit split.

  • September 11, 2017

    ICSID Roundup: The Latest Claims You Need To Know

    It's been a busy few weeks at the International Centre for Settlement of Investment Disputes, with new claims in the tourism, water and sanitation, energy and telecommunications sectors targeting nations in Eastern Europe, the Middle East, Central Asia and Central America. Here are the latest claims at ICSID you need to know.

  • September 11, 2017

    Ariz. Power Plant, Navajo Mine Immune To Suit, Judge Says

    An Arizona federal judge on Monday tossed a lawsuit in which a handful of groups claim the federal government flouted environmental laws by approving continued, expanded operations of the coal-fired Four Corners Power Plant and a mine on Navajo land that helps feed it, finding the mine owner has sovereign immunity.

  • September 11, 2017

    NLRB Judge Finds Fault With SolarCity Arbitration Pacts

    A National Labor Relations Board judge ruled Friday that SolarCity Corp. illegally maintained arbitration agreements that workers could think restrict their right to file unfair labor practice charges with the board.

  • September 11, 2017

    China Aims To End Sale, Production Of Gas-Powered Cars

    China is planning to phase out the manufacture and sale of vehicles running on gasoline and diesel, a government official said at an automobile forum this weekend, according to state-run media outlet Xinhua.

  • September 11, 2017

    Koch Must Turn Over Docs In Rail Antitrust Suit, Judge Rules

    A D.C. federal magistrate on Monday ordered Oxbow Carbon & Minerals LLC CEO William Koch to produce files in his company's anti-competitive conduct case against Union Pacific and BNSF, rejecting arguments that the railroads' discovery requests were overly burdensome and wouldn't reveal enough relevant information to justify the cost of producing them.

  • September 11, 2017

    Schulte Roth Seeks $5.4M For Maxus Creditor Work

    Schulte Roth & Zabel LLP sought approval Friday for $5.4 million in fees for representing the official unsecured creditors committee in defunct oil company Maxus Energy Corp.'s 13-month bankruptcy proceeding.

  • September 11, 2017

    Enviros Ask Judge To Save Keystone Pipeline Suit

    Environmental groups on Friday pushed back at TransCanada and the U.S. Department of State’s continued efforts to toss litigation brought under the Endangered Species Act over the government’s revival of the Keystone XL Pipeline project, telling a Montana federal judge that the permit approvals are not exempt from judicial action.

  • September 11, 2017

    Energy MLP Oasis Midstream Launches $150M IPO

    Oasis Midstream Partners LP, a master limited partnership formed to operate energy assets in the Williston Basin owned by Oasis Petroleum Inc., on Monday launched an estimated $150 million initial public offering intended to support its parent company’s expansion.

  • September 11, 2017

    FERC Won't Stop Construction Of $144M Pa. Pipeline Project

    The Federal Energy Regulatory Commission on Friday refused to block construction of a Kinder Morgan unit's $144 million natural gas pipeline project in Pennsylvania while it mulls a rehearing request from the Delaware Riverkeeper Network, saying the environmental group hasn't shown that a stay would be warranted.

  • September 11, 2017

    Dem AGs Join Fight Over Fuel Efficiency Penalty Delay

    Five Democratic state attorneys general on Monday sued federal transportation regulators in the Second Circuit over a recent delay to an Obama-era rule raising penalties on automakers that don’t meet fuel efficiency standards, joining environmental groups that challenged the delay last week.

  • September 11, 2017

    W.Va. Yanks Water Permit For $3.5B Mountain Valley Pipeline

    The West Virginia Department of Environmental Protection has vacated the Clean Water Act permit it had issued for the $3.5 billion Mountain Valley Pipeline, saying that the move will allow it to re-evaluate the application, according to the department.

  • September 11, 2017

    NJ-Exxon Mobil Deal Doesn't Protect Public, Enviros Say

    A New Jersey state senator and environmental groups on Monday urged a state appeals court to give them a chance to fight the state's $225 million settlement resolving contamination by Exxon Mobil Corp., arguing that the state Department of Environmental Protection didn't adequately represent the public's interest in the case.

  • September 11, 2017

    No Baker Botts Privilege In $50B Row: Yukos Shareholders

    A group of former Yukos Oil Co. shareholders urged a D.C. federal judge to revive their attempts to start discovery against Baker Botts LLP and one of its partners in their appeal of more than $50 billion in arbitral awards abroad, saying Friday the firm can’t win on attorney-client privilege it never invoked.

  • September 11, 2017

    5 Biggest Client Questions After Hurricane Harvey

    In the wake of Hurricane Harvey, businesses along the Texas coast have been seeking legal guidance on how best to track and repair property damage, to help employees get back on their feet and back to work, and to restore operations after the storm's widespread flooding. Here, Law360 takes a look at five of the biggest issues Texas law firms are helping clients work through.

  • September 11, 2017

    Deported Seismic Consultant Sues Houston Immigration Firm

    A South African citizen who works as a seismic consultant in the energy industry filed a lawsuit Friday against Houston immigration law firm Foster LLP, alleging it was the negligence of the firm and its attorney that led to his deportation after he bought a home and put down roots in Texas.

  • September 11, 2017

    BP Pipeline Unit Files IPO Led By Vinson & Elkins

    British energy giant BP filed an initial public offering on Monday for a newly formed master limited partnership that will operate the company’s U.S. pipelines, advised by Vinson & Elkins LLP.

  • September 11, 2017

    MSHA Floats Changes To Inspection Rule For Non-Coal Mines

    The Mine Safety and Health Administration on Monday proposed changing a rule requiring mine operators to inspect non-coal mines before workers start to allow inspections to take place when shifts begin, according to a notice set for publication in the Federal Register on Tuesday.

  • September 11, 2017

    Trump Taps CSX, McClure Execs To Pipeline, Highway Posts

    President Donald Trump has nominated a veteran freight rail executive from CSX Transportation Inc. to serve as administrator of the nation’s pipeline safety regulator and picked the president of McClure Engineering Co. to serve as administrator of the Federal Highway Administration, the White House said Friday.

  • September 11, 2017

    Ohio EPA Dings ETP Over $4.2B Pipeline Construction

    The Ohio Environmental Protection Agency on Friday issued a notice of violation to Energy Transfer Partners LP regarding its $4.2 billion Rover Pipeline project, alleging that the company failed to comply with an order directing it to submit paperwork for a state stormwater permit.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • Oil Producers Cannot Recover From Downstream Purchasers

    Edward Ripley

    The Third Circuit recently affirmed that downstream purchasers took oil purchased from a bankrupt intermediary free and clear of the oil producers’ liens. The opinion is an important reminder that courts will look to the state lien laws and Uniform Commercial Code of a midstream company’s home state to determine whether the producers are secured, say attorneys with King & Spalding LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • The Trump Effect On California’s Wetland Regulations

    Scott Birkey

    President Donald Trump has followed through on a campaign promise to revisit — with an eye toward rescinding — the Obama administration’s Clean Water Rule. That federal pullback from wetland regulations may have unintended consequences in California, which is on the cusp of promulgating new wetland regulations of its own, says Scott Birkey of Cox Castle & Nicholson LLP.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • OFAC's Settlement With CSE Global Breaks New Ground

    Roberto J. Gonzalez

    On July 27, the Office of Foreign Assets Control announced a $12 million settlement with CSE Global Limited and its subsidiary, CSE TransTel Pte. Ltd. This appears to be the first time OFAC has penalized a non-U.S., non-financial company for “causing” sanctions violations by initiating U.S. dollar payments involving a sanctioned country, say members of Paul Weiss Rifkind Wharton & Garrison LLP.

  • CIMLA And The Confusion Around Maritime Liens

    Brian Maloney

    Although the Commercial Instruments and Maritime Lien Act was enacted to clarify confusion regarding the rights and remedies of participants in the shipping industry, recent global insolvencies of entities such as O.W. Bunker and Hanjin have forced courts to reconsider the text, history and purpose of a seemingly straightforward federal statute, say Brian Maloney and Laura Miller of Seward & Kissel LLP.

  • A Reassuring 2nd Circ. Approach To Annulled Awards

    Jonathan Blackman

    In a controversial decision last year, the Second Circuit became one of the only U.S. courts ever to enforce an arbitral award annulled in the primary jurisdiction. The recent Thai-Lao Lignite ruling returns the court to a more deferential application of the standard, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    Fossil Fuel Industry’s 'Tobacco Moment' Has Arrived

    Douglas Kysar

    Climate change lawsuits have been filed before, but the recent lawsuits filed against several of the largest oil, gas and coal producers by two California counties and one city are different than earlier efforts for three important reasons, says Douglas Kysar, a professor of law at Yale University.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.