• May 15, 2017

    Entergy Nuclear Plant Chided By NLRB Judge For Illegal Rules

    A National Labor Relations Board judge on Friday ruled that Entergy Nuclear Operations Inc. implemented a series of illegal workplace rules at its Pilgrim Nuclear Power Station in Plymouth, Massachusetts, including restrictions on photographing and recording in the workplace.

  • May 15, 2017

    Squire Patton Adds UK Energy Atty From Herbert Smith

    Squire Patton Boggs LLP announced Friday it has hired a mergers and acquisitions attorney from Herbert Smith Freehills with about 25 years of experience working in the energy sector as a consultant in its energy and natural resource practice group in London.

  • May 15, 2017

    Sidley Austin Adds Ex-Vinson & Elkins M&A Partner in Dallas

    Sidley Austin LLP has hired away a former Vinson & Elkins LLP partner who will be joining its Dallas office as a partner in its mergers and acquisitions practice group, the firm announced Monday.

  • May 15, 2017

    Ex-Massey CEO Plans High Court Appeal Of Conviction

    Former Massey Energy Co. CEO Don Blankenship is out of jail and plans to appeal to the U.S. Supreme Court his conviction for conspiring to violate mine safety standards before a deadly explosion, according to court documents filed last week.

  • May 15, 2017

    9th Circ. Nixes JPMorgan Energy Rate-Fixing Suit

    A Ninth Circuit panel on Friday scuttled a proposed racketeering class action alleging that a JPMorgan Chase & Co. subsidiary fraudulently hiked electricity rates, affirming the lower court’s ruling that consumers cannot bring claims over rates that have been set by regulators.

  • May 15, 2017

    EPA Pledges To Answer Sierra Club On Pa. Mercury Issue

    The U.S. Environmental Protection Agency has agreed to respond to the Sierra Club’s petition seeking an objection to Pennsylvania regulators’ proposal to give a coal-fired power plant extra time to comply with a mercury emissions rule, according to a deal approved by a D.C. federal judge Friday.

  • May 15, 2017

    Akin Gump Adds Ex-Norton Rose Energy Atty In Singapore

    Akin Gump Strauss Hauer & Feld LLP has hired a former Norton Rose Fulbright attorney with more than two decades of experience working in the international energy sphere, on projects ranging from liquefied natural gas to upstream oil, as a partner in the firm’s Singapore office, according to an announcement.

  • May 15, 2017

    5th Circ. Rules On Lessee Rights In La. Oil & Gas Regime

    The Fifth Circuit on Friday clarified aspects of the law surrounding Louisiana's "forced pooling" regime for oil and gas fields that span multiple properties, ruling against a Chesapeake Energy subsidiary that had been trying to recover operating costs and a risk payment from the lessee of a tract within a "drilling unit."

  • May 15, 2017

    Kurdish Gov't Must Pay Consortium $2B Award, Court Told

    A consortium of energy companies asked a D.C. federal court Friday to confirm a London Court of International Arbitration tribunal’s $1.96 billion award against Iraq’s Kurdistan Regional Government in an ongoing contract dispute over the development of gas fields, arguing the government is not immune from U.S. courts.

  • May 15, 2017

    Energy And Media SPACs Raise $390M To Fund Acquisitions

    Two blank check companies, one looking to buy an energy business and another pursuing a media company, raised a combined $390 million after pricing initial public offerings Friday, adding to a recent raft of IPOs from special purpose acquisition vehicles.

  • May 15, 2017

    CPP Foes, Backers Cross Swords Over Litigation's Stay

    Clean Power Plan challengers and supporters clashed Monday over the U.S. Environmental Protection Agency's request to keep litigation over the Clean Power Plan on hold while it reviews the rule, with rule backers telling the D.C. Circuit that granting the agency's request would effectively kill the rule.

  • May 15, 2017

    Pa. Panel Favors Sunoco On Pipeline Eminent Domain

    The Pennsylvania Commonwealth Court on Monday dealt another defeat to opponents of the controversial Mariner East 2 pipeline, saying that Sunoco Pipeline LP had the authority to use eminent domain to condemn property in Huntington County for its right of way.

  • May 15, 2017

    SEC Settles Fraud Claims Over Alaskan Mining Co.'s Offering

    An Alaskan man and his Canadian friend have agreed to pay $30,000 to settle claims that they faked documents and engaged in a fraudulent securities offering for their mineral resource exploration company Emerald Isle Exploration Ltd., according to a decision announced on Friday by the U.S. Securities and Exchange Commission.

  • May 15, 2017

    EPA Urged To Reconsider Coal Ash Disposal Rule

    A utilities group urged the U.S. Environmental Protection Agency on Friday to reconsider a comprehensive set of requirements for the safe disposal of coal ash from coal-fired power plants.

  • May 15, 2017

    Cobalt Hits Angolan State Oil Co. With Arbitration Claims

    Cobalt International Energy Inc. has upped the ante in its dispute with the Angolan state-owned oil company Sonangol over the latter's termination of a $1.75 billion deal to buy out Cobalt's share on a pair of offshore drilling blocks, filing two arbitration requests totaling more than $2 billion.

  • May 15, 2017

    NNSA Re-Awards Withdrawn $5B Nuke Site Ops Deal

    The National Nuclear Security Administration announced Friday it had awarded an up to $5 billion deal to manage the Nevada National Security Site to a joint venture led by Honeywell International, a deal previously awarded to a Leidos unit before being dramatically rescinded.

  • May 15, 2017

    5th Circ. Vacates Order Reversing GE Oil & Gas Arbitration

    The Fifth Circuit on Friday said a Texas federal court can't cancel its previous arbitration order in a suit brought by a former GE Oil & Gas employee who says he was fired in retaliation after reporting workplace discrimination, finding the lower court lacked jurisdiction to walk back its arbitration ruling.

  • May 15, 2017

    Energy MLP, Cancer-Focused Biotech File IPOs Totaling $200M

    An energy master limited partnership created to monetize Oasis Petroleum Inc.'s oil and gas assets in the Williston Basin and a biotechnology company developing treatments for cancer filed initial public offerings totaling $200 million on Friday, adding to a growing IPO pipeline.

  • May 15, 2017

    Gas Plant's Shutdown Not Covered, 9th Circ. Told

    Ace American Insurance Co. told the Ninth Circuit on Friday it didn't have to cover the shutdown of a Bio Energy LLC plant that converts landfill gases into pipeline-quality natural gas because the shutdown originated internally.

  • May 15, 2017

    Barclays Prevails As Justices Decline $143M Safe Harbor Case

    Barclays PLC will be able to keep $143 million it received from SemGroup a week before SemGroup’s bankruptcy, after the U.S. Supreme Court refused Monday to review a Second Circuit decision that went against the liquidation trustee.

Expert Analysis

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • What Happens When State Becomes The Enterprise In ISDS?

    Stephanie Hunt

    Although President Trump has pulled the plug on the Trans-Pacific Partnership and wishes to renegotiate NAFTA, there is no evidence he is against investor-state dispute settlement clauses themselves. We may gain insight into the president's future approach toward ISDS through an investment arbitration left on the White House's table, says Stephanie Hunt of Corrs Chambers Westgarth.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Post-Escobar Courts Reaching Consensus On FCA Materiality

    Courtney Saleski

    Following the U.S. Supreme Court's Escobar decision last year, some litigators were skeptical that district courts would actually dismiss qui tam False Claims Act cases on materiality grounds. However, four circuit courts have cited Escobar’s demanding materiality standard when granting the defendants’ pretrial motions, say attorneys with DLA Piper.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • How Past And Present Aerial Photography Can Make The Case

    David Ruiz

    Many cases hinge on visual evidence. And aerial photography can play a key role, showing how geographic features or buildings looked in the past or have changed over time. Legal teams should be aware of the aerial photography resources available and the impact technological advances in the field may have on helping prove their case, says David Ruiz of Quantum Spatial Inc.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.