• September 7, 2017

    Trump Nominates Hunton & Williams Atty For EPA Air Job

    President Donald Trump on Thursday nominated Hunton & Williams LLP administrative law group head William Wehrum to head up the U.S. Environmental Protection Agency’s air office.

  • September 7, 2017

    IRS Grants Safe Harbor For Utilities With Accounting Errors

    The IRS on Thursday said it is offering so-called safe harbor to utilities that unknowingly failed to comply with accounting requirements related to tax incentives for investments, such as new power plants, saying the bookkeeping rules ensure utilities don’t use tax benefits to set lower rates instead.

  • September 7, 2017

    Solar Cos. Pick Up Allies In Pursuit Of Sweeping Duties

    Two companies that are looking to impose across-the-board restrictions on imported solar cells continued to pick up broad support this week, as certain corners of the steel, labor and agricultural communities threw their weight behind the closely watched case.

  • September 7, 2017

    Tax Foundation Says Tax On Rail Co.'s Fuel Is Discriminatory

    A conservative tax policy think tank urged the Sixth Circuit on Wednesday to overturn a lower court’s decision that Tennessee’s sales tax on diesel fuel does not discriminate against railroads, saying that the tax revenue does not directly benefit railroads in the way that the motor fuel tax benefits motorists.

  • September 7, 2017

    EPA Tells DC Circ. CPP Withdrawal Rule Coming This Fall

    The U.S. Environmental Protection Agency told the D.C. Circuit Thursday that it was on track to release a new rule withdrawing the Obama-era Clean Power Plan this fall, asking the court to keep a challenge to the rule's validity on hold while it rewrites the previous administration's cornerstone environmental policy.

  • September 7, 2017

    Lawmakers Warn FCA On Saudi Aramco Listing Rule Change

    British lawmakers on Friday said attempts to entice Saudi Aramco to choose London for its monster flotation by changing regulatory rules could damage the integrity of the City.

  • September 7, 2017

    Oil Exec Stonewalled Bank, Jury Told In Contempt Trial

    Oil financier Raheem J. Brennerman endured a rough day Thursday at his trial for criminal contempt, as Manhattan jurors heard via a former Linklaters LLP partner that Brennerman didn't disclose a fat payment he made to himself last year when a bank that lent him $5 million wanted to know where its money was.

  • September 7, 2017

    FERC Nominees Commit To Enforcement, Regulatory Goals

    President Donald Trump’s pick to lead the Federal Energy Regulatory Commission told senators on Thursday he’s committed to fulfilling the body’s enforcement responsibilities and looking for opportunities to modernize its regulatory framework.

  • September 7, 2017

    NRDC, Others Sue DOT Over Fuel Efficiency Penalty Delay

    A trio of environmental groups sued the U.S. Department of Transportation and the National Highway Traffic Safety Administration on Thursday in the Second Circuit, asking the appellate court to review and reverse a recent delay to an Obama-era rule raising penalties on automakers that don’t meet fuel efficiency standards. 

  • September 7, 2017

    Tax Reform Isn't One-Size-Fits-All For Energy Industry

    President Donald Trump's choice of a North Dakota refinery for a speech on tax reform Wednesday hinted that tax relief for the energy sector might be in the cards. But different types of energy companies want different things, and measures that could help one segment of the industry might actually harm another. Here, energy tax experts outline what issues will be on the respective wish lists of the oil and gas, power and renewable sectors.

  • September 7, 2017

    Seventy Seven Seeks Sanctions Against Firm In Merger Suit

    Seventy Seven Energy Inc. on Wednesday asked an Oklahoma federal judge to sanction counsel for a shareholder, alleging the firm filed a proposed class action over a merger solely to generate attorneys' fees.

  • September 7, 2017

    NM Dems Urge Gov’t Not To Break Deal On Protected Land

    Both U.S. senators from New Mexico and one of its representatives, all Democrats, told Interior Secretary Ryan Zinke on Wednesday that they objected to government lease sales on land near the Chaco Culture National Historical Park, saying such deals would violate a promise to suspend leasing during a resource management review.

  • September 7, 2017

    Energy XXI Execs Face Shareholder Suit Over Statements

    Shareholders in Energy XXI Ltd. on Wednesday accused the energy company’s officers and directors of fraudulently inflating the company’s value for their own benefit leading up to the company’s 2016 bankruptcy.

  • September 7, 2017

    NY Pipeline Permit Nix Shows Overreach, 2nd Circ. Told

    National Fuel Gas Supply Corp., which has had a New York water quality permit for its proposed $455 million natural gas pipeline rejected, told the Second Circuit Wednesday the state’s denial of another unrelated pipeline water permit shows a pattern of improper decision-making by the state.

  • September 7, 2017

    Judge Won't Pause Petrobras' $400M Suit Over Bad Rig Chain

    A Texas federal judge on Wednesday trimmed a $400 million suit brought by Petrobras America Inc. and its insurers against a Spanish manufacturer but declined to halt the remaining claims over an allegedly defective component at an offshore oil and gas rig for arbitration.

  • September 6, 2017

    Puerto Rico Electric Co. Wants Rate Row Heard By Fed. Court

    Puerto Rico's insolvent electric utility filed papers Tuesday to transfer a dispute over rate hikes to the federal court presiding over the island's historic bankruptcy-like proceedings, saying the matter challenges the authority of federal overseers and the law underpinning the territory's restructuring.

  • September 6, 2017

    EFH Gets Ch. 11 Disclosure, $9.45B Sempra Merger Plan OK'd

    Energy Future Holdings Inc. teed up its third Chapter 11 sale attempt Wednesday, securing a Delaware bankruptcy judge’s approval for its disclosure and $9.45 billion merger agreement with Sempra Energy and clearing the way for a vote on its latest plan.

  • September 6, 2017

    House Dems Slam Energy Industry Influence On DOI Panel

    Two Democratic lawmakers criticized U.S. Department of the Interior Secretary Ryan Zinke on Wednesday for naming a “partisan, industry-dominated” roster of members to a departmental committee that will advise him about energy development on federal lands, and called for the companies represented on the committee to disclose information about potential conflicts of interest.

  • September 6, 2017

    Essar Steel Ch. 15 Dispute With Southern Coal Heads To NY

    A Delaware bankruptcy judge on Wednesday granted Southern Coal’s request to move a contract fight with Chapter 15 debtor Essar Steel Algoma Inc. to the Southern District of New York, ruling that the dispute was not “exceptional” enough to keep it in the First State.

  • September 6, 2017

    Centerra, Kyrgyz Gov’t Reach $60M-Plus Deal In Mining Row

    The Canadian mining company Centerra Gold Inc. said Wednesday it has reached a proposed settlement totaling more than $60 million with the government of the Kyrgyz Republic over environmental and other claims relating to its gold mine that sits close to the country's border with China.

Expert Analysis

  • Petrobras Renounces 2nd Circ. 'Preference' For Class Cert.

    Jonah Knobler

    The hubbub over ascertainability has obscured another remarkable part of the Second Circuit's Petrobras decision — one that constitutes a major victory for the defense side, says Jonah Knobler of Patterson Belknap Webb & Tyler LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Methane Rule Decision Shows Regulatory Process Is Key

    J. Michael Showalter

    The Trump administration has placed regulatory reform — particularly related to environmental matters — at the forefront of its agenda. But the D.C. Circuit's recent decision on the methane rule demonstrates that the administration’s attempts to roll back regulations in unconventional ways is clashing with the mechanics of how the federal government operates, say J. Michael Showalter and Kaitlin Straker of Schiff Hardin LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Financial Covenants In Project Financing: Key Points


    Project finance lenders typically require that borrowers agree to financial covenants in loan agreements, prescribing the parameters within which the business venture may operate. These covenants and related provisions are often highly negotiated, and reflect the ultimate confidence of the parties in the financial success of the project, say Emeka Chinwuba and Laura Pettinelli of Norton Rose Fulbright LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • When States Fail To Act On Federal Pipeline Permits

    John Longstreth

    State governments have authority to review and approve federal Clean Water Act and Clean Air Act permit applications filed by pipeline developers, enabling state agencies to delay or effectively halt otherwise federally approved projects. Two recent decisions by the D.C. Circuit offer critical insights for developers considering strategies for dealing with state agency delays, say attorneys with K&L Gates LLP.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.