• November 6, 2017

    Enviros Got Unfair Fracking Rule Win At 10th Circ., ND Says

    North Dakota and three other states said Friday that the Tenth Circuit should revisit its toss of a challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands because it is being rewritten, saying the decision gives environmental groups an unjustified win.

  • November 6, 2017

    LRR Energy Investors Seek Cert. In Suit Over $539M Merger

    An LRR Energy LP shareholder urged a Delaware federal judge Friday to certify a class of investors claiming Vanguard Natural Resources LLC hid financial data affecting its debt agreements when it bought the oil and gas exploration company for $539 million, arguing that the proposed class easily satisfies certification requirements.

  • November 3, 2017

    Law Profs, Tech Cos. Defend AIA Reviews At High Court

    Congress was well within its power to create America Invents Act reviews, the U.S. Supreme Court has heard lately, as numerous high-technology companies, law professors and advocacy groups defended the proceedings against charges they violate the Constitution.

  • November 3, 2017

    Puerto Rico Gov't Fights Appointment Of Utility Manager

    The government of Puerto Rico is pushing back against the installation of an emergency manager to run the island’s beleaguered electric utility, saying Friday that the federal board overseeing the territory’s finances is attempting to overstep the powers it was granted by Congress.

  • November 3, 2017

    Bondholders Rip VW Bid To Nix Fraud Suit Over Emissions

    Bondholders suing Volkswagen AG over allegedly inflated bond values prompted by the 2015 diesel emissions scandal told a California federal judge Friday that while their case is about the German automaker hiding the fraud from investors and bondholders, the embattled company is reshaping claims to try and score dismissal.

  • November 3, 2017

    Enviros Urge Justices To Toss Challenge To Feds' Seal Listing

    The Center for Biological Diversity has urged the U.S. Supreme Court to reject bids by the state of Alaska, oil and gas groups, and Alaska Natives to overturn the National Marine Fisheries Service’s decision to list the Pacific bearded seal as a threatened species, saying the listing properly relied on climate change models and won't overly burden the groups.

  • November 3, 2017

    4 Energy Sector Takeaways From House Tax Reform Bill

    The potential impact of the sprawling U.S. House tax reform bill unveiled Thursday on the energy industry can be summed up in six words: fossil fuels win, renewable energy loses. Here are four energy-related takeaways from the House tax proposal.

  • November 3, 2017

    Ohio AG Hits ETP Unit With Suit Over Pipeline Construction

    An Energy Transfer Partners LP unit has been hit with a lawsuit by Ohio saying its waters have been polluted by the construction of the company's Rover Pipeline running through the state, Ohio Attorney General Mike DeWine announced Friday.

  • November 3, 2017

    DLA Piper Picks Up Energy Litigator From LyondellBasell

    The former head of global litigation at LyondellBasell joined DLA Piper’s Houston office, where he’ll handle complex commercial litigation focused on the energy industry, the firm announced Thursday.

  • November 3, 2017

    Ryckman Creek Proposes $26M Sale To Ch. 11 Plan Sponsor

    Bankrupt natural gas storage venture Ryckman Creek Resources LLC rolled out a drastically scaled-back Chapter 11 plan and disclosure late Thursday, conceding scant bidder interest in its Wyoming site and proposing a quick, 80 percent sale to the plan sponsor for up to $26 million in cash.

  • November 3, 2017

    FERC, Pipeline Co. Urge DC Circ. Not To Halt Atlantic Sunrise

    The Federal Energy Regulatory Commission and the Williams Partners unit that is constructing the $2.65 billion Atlantic Sunrise pipeline aimed at bringing gas from Pennsylvania to southern markets have asked the D.C. Circuit to deny environmentalists’ bid to halt the pipeline, saying the request was unreasonable and costly.

  • November 3, 2017

    Renewable Energy Co. Expands With $255M Merger

    Blank check company M III Acquisition Corp. will merge with an engineering, procurement and construction company focused on renewable energy for $255 million, the company said on Friday in a filing with the U.S. Securities and Exchange Commission.

  • November 3, 2017

    Pruitt Names EPA Advisory Board Members Under New Rules

    Environmental Protection Agency Administrator Scott Pruitt on Friday named more than 130 scientists from academia, nonprofits, and the public and private sectors to three scientific advisory committees on the condition they won’t be eligible for any grant money during their terms.

  • November 3, 2017

    Calgon Investor Sues To Block $1.3B Sale To Japanese Co.

    A Calgon Carbon Corp. shareholder filed a putative class action Thursday asking a Delaware federal court to halt the company’s pending $1.3 billion merger with Kuraray Co., claiming the company is asking shareholders to approve a bad deal based on incomplete information.

  • November 3, 2017

    Former Yukos Shareholders Drop Bid For $50B In Awards

    The former majority shareholders of Yukos Oil Co. said Thursday they have given up efforts in Belgium to enforce $50 billion in arbitral awards issued after Russia allegedly imposed fabricated tax debts that caused the company's bankruptcy, in order to focus on having the awards reinstated by a Dutch appeals court.

  • November 3, 2017

    Barclay Damon Picks Up NY Enviro, Energy Boutique

    Barclay Damon LLP has beefed up its ranks in Syracuse, New York, by absorbing boutique energy and environmental firm Gilberti Stinziano Heintz & Smith PC, Barclay Damon said Wednesday.

  • November 3, 2017

    Enviros Sue DOI For Docs In National Monument Review

    The U.S. Department of the Interior has refused to comply with public records law and is withholding documents related to the Trump administration’s review of national monuments, a lawsuit filed by several environmental groups in D.C. federal court alleged on Thursday.

  • November 3, 2017

    Taxation With Representation: Skadden, Davis, Kirkland

    In this week’s Taxation With Representation, Novartis bought Advanced Accelerator Applications for $3.9 billion, Lennar Corp. acquired CalAtlantic for $9.3 billion, Permira scooped up Duff & Phelps Corp. for $1.75 billion, and Vistra bought Dynegy to create a $20 billion powerhouse.

  • November 2, 2017

    Enron Unit Gets Fees In $21M Nigeria Award Case

    A former Enron subsidiary largely prevailed Thursday in its bid for Nigeria to pay attorneys' fees it accrued while trying to enforce a $21.2 million arbitral award stemming from a dispute over the early termination of a power purchase agreement, with a D.C. federal judge approving more than $233,000.

  • November 2, 2017

    Chevron Wins Round In Argentina Over $9.5B Pollution Award

    An Argentine court has rejected an attempt by Ecuadorean citizens to enforce an Ecuadorean court’s $9.5 billion oil pollution judgment against Chevron Corp. in Argentina, saying the corporation’s Argentine subsidiary can’t be held liable for a judgment against the parent company.

Expert Analysis

  • Revoking Sudan Sanctions Brings New Prospects, Old Risks

    Brendan Hanifin

    Revocation of the Sudanese Sanctions Regulations will create additional opportunities for U.S. companies to do business in — and with — Sudan. Effective Oct. 12, the step also follows a broader trend across U.S. sanctions policy in favor of narrower sanctions targeting specific actors and categories of transactions, say attorneys with Ropes & Gray LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • CFTC Self-Reporting Policy Leaves Open Several Questions

    Douglas Yatter

    It is unclear how successful the U.S. Commodity Futures Trading Commission's newly announced policy will be in motivating firms to self-report when they know they will face a costly, disruptive and potentially open-ended enforcement investigation before receiving the benefit of a penalty reduction, say attorneys with Latham & Watkins LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • DOI's Royalty Policy Committee Could Bring Trust Reform

    David Smith

    This week will be the first meeting of the U.S. Department of the Interior's re-established Royalty Policy Committee, chaired by Vincent DeVito. It is important that this committee use its position as an opportunity to improve the federal government's management of Native American trust resources, says David Smith of Kilpatrick Townsend & Stockton LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • IRS Rejection Of Renewable Energy Tax Credits Is Puzzling

    Abraham Shashy

    The U.S. Internal Revenue Service recently denied claims by tax equity investors for renewable energy tax credits, claiming the investors had effectively attempted to purchase the credits. Curiously, the IRS did so without deciding whether, for U.S. federal tax purposes, the investors were partners, the venture was a partnership or the transaction had economic substance, say attorneys with King & Spalding LLP.

  • Why EPA's Auto Emissions Review Could Be A Game-Changer

    Granta Nakayama

    The U.S. Environmental Protection Agency’s re-examination of the midterm evaluation of greenhouse gas emissions standards is a high-stakes rulemaking with major implications for automobile manufacturers and the public. And it will reverberate beyond the automobile industry, shaping domestic demand for oil and renewables, say attorneys with King & Spalding LLP.