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  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    FERC Approves Natural Gas Pipeline’s Startup In NY

    The Federal Energy Regulatory Commission on Monday granted Millennium Pipeline Co. LLC’s request to start service on a natural gas pipeline that New York state regulators had tried to hold up, citing concerns over potential long-term harm to the state’s environment.​​​​​​

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Docs Escape Suit Over Not Telling Worker About Bad X-Ray

    A New York appeals court has tossed a negligence suit brought by a utility worker's widow against doctors and his employer for not telling him about a suspicious X-ray that might have alerted him of his lung cancer sooner, finding the doctors' only obligation was to report signs of health problems to his employer, which they did.

  • July 9, 2018

    Deals Rumor Mill: Siemens, Fox, Total

    The European Commission is set to probe a deal by German conglomerate Siemens AG and France’s Alstom to join their rail operations, Comcast is hunting for potential suitors for the regional sports networks of 21st Century Fox, and Total is getting ready to sell less than half of its stake in a U.K. gas field.

  • July 9, 2018

    9 IPO Launches Exceeding $1.2B Rev Up July Pipeline

    Nine companies, including a private equity-backed energy equipment provider, a clean energy power generator, a Canadian medical cannabis company, plus several biotechnology firms, launched initial public offerings on Monday estimated to raise more than $1.2 billion.

  • July 9, 2018

    DOE Awards $75M To High-Energy Physics Projects

    The U.S. Department of Energy said Monday it has awarded $75 million in funding for nearly 80 university research projects relating to high-energy physics, including topics like dark matter and dark energy.

  • July 9, 2018

    4 Things To Know About The New EPA Chief

    Andrew Wheeler assumed the role of acting administrator of the EPA on Monday. While experts anticipate that the agency will continue to implement the Trump administration’s deregulatory agenda under its new leader, here are four things to keep in mind as Wheeler steps into the role.

  • July 9, 2018

    Halcón Wins Halt Of Tribal Court Contract Case

    A North Dakota federal judge on Monday granted a Halcón unit’s bid to stop the Fort Berthold District Court of the Three Affiliated Tribes of the Fort Berthold Indian Reservation from exercising jurisdiction over an underlying oilfield equipment rental suit in that tribal court.

  • July 9, 2018

    Feds Want Breitling Energy CEO Kept In Jail Before Fraud Trial

    Federal prosecutors asked a Texas federal judge Monday to keep the CEO of Breitling Energy Corp. in jail while he awaits trial on charges he defrauded investors out of about $70 million, arguing there is a “serious” risk that he could flee the country if allowed to post bond.

  • July 9, 2018

    ConocoPhillips Says Venezuela Oil Co. Is Evading $2B Award

    Two ConocoPhillips subsidiaries looking to enforce a $2 billion arbitral award sued Venezuela's state-owned oil company in New York federal court, accusing it of trying to prevent them from laying claim to billions of dollars the state-owned company says it's owed as the result of an alleged bribery scheme.

  • July 9, 2018

    Murphy Oil Settles EEOC Disability Discrimination Suit

    Murphy Oil Co. USA Inc. has reached an agreement with the U.S. Equal Employment Opportunity Commission to pay $100,000 to settle allegations that it fired a gas station manager because of his disability, in violation of the Americans with Disabilities Act.

  • July 9, 2018

    Exelon Says FERC Order Doesn't Doom Nuke Subsidies

    Exelon Generation Co. LLC has told the Second and Seventh Circuits that nuclear plant subsidies offered by New York and Illinois were not jeopardized by a recent Federal Energy Regulatory Commission order that PJM Interconnection make changes to its electricity rates to reduce the effect of state clean energy subsidies.

  • July 9, 2018

    Denham Capital-Backed Mining Fund Closes With $558M

    Energy-focused private equity firm Denham Capital said Monday it has closed its first stand-alone mining fund with $558 million in commitments that will be used to grow its portfolio in Australia, Canada, South America and Africa.

  • July 9, 2018

    Split 5th Circ. Tosses La. Bayou Pipeline Injunction

    A split Fifth Circuit said a lower court misapplied environmental regulation and U.S. Army Corps of Engineers analyses when blocking a 162-mile crude oil pipeline in Louisiana.

  • July 9, 2018

    Schlumberger Oilfield Workers Reach Deal In OT Suit

    A proposed class of oilfield workers in Pennsylvania and Ohio have struck an approximately $895,000 deal with Schlumberger Technology Corp. to end a suit alleging they were stiffed on overtime pay even though they regularly worked more than 80 hours per week, according to a court filing Friday.

  • July 6, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen dozens of energy companies and insurers sue Danish shipper Torm, a British private equity firm and a Goldman Sachs unit lodge a dispute with a handful of Portuguese companies and nearly two dozen British rail operators take on Visa and MasterCard just hours after an appellate ruling dealt the credit card giants a setback in their battle with retailers. Here, Law360 looks at those and other new claims in the U.K.

  • July 6, 2018

    What You Need To Know For The Supreme Court Nomination

    President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • FCPA Settlement Shows Gov't Going After All Sides

    Amelia Hairston-Porter

    A nuclear fuel transport company's March settlement with the U.S. Department of Justice resulted in charges against not only the company itself, but also against senior executives, a foreign official and a middleman allegedly involved in bribe payments. The DOJ's pursuit of all sides in this case parallels its actions in other recent cases, say Amelia Hairston-Porter and Nina Gupta of Miller & Chevalier Chtd.

  • FERC Aims For Market Transparency With Uplift Reports

    Colette Honorable

    Last month, the Federal Energy Regulatory Commission issued a final rule requiring regional transmission organizations and independent system operators to publicly report information regarding uplift payments. Attorneys at Reed Smith LLP unpack the revised reporting obligations.