Energy

  • July 10, 2017

    Feds Deny Privilege Violations In Energy Tax Credit Row

    Federal prosecutors used a hearing in Reading, Pennsylvania, on Monday to refute claims that investigators had improperly accessed privileged information in building their case against a businessman facing charges over an alleged multimillion-dollar green energy scam.

  • July 10, 2017

    Enbridge Says Consulting Co. Owes $2M For Shoddy Work

    Enbridge US Inc. has filed a breach of contract lawsuit in Harris County District Court against right-of-way and land management consulting company Contract Land Staff LLC, alleging its shoddy work in collecting and compiling land acquisition documents has cost it at least $2.15 million to clean up.

  • July 10, 2017

    Westinghouse Creditors Skeptical Of Milbank Hire For Board

    Unsecured creditors of Westinghouse Electric Co. LLC told a New York bankruptcy court Monday that they had reservations about the company’s request to hire Milbank Tweed Hadley & McCloy LLP as counsel to a “special committee” of the board of directors in the Chapter 11 case.

  • July 10, 2017

    Trump Admin. Vows To Answer NRDC Climate Info Queries

    The Trump administration told a Manhattan federal judge Monday that backlogs are the reason why it hasn't complied in a timely manner with freedom of information requests by the Natural Resources Defense Council, which wants to learn if the Republican's transition team sought to intimidate climate scientists.

  • July 10, 2017

    Elliott Says It's Considering $9.3B Offer For Oncor

    Elliott Management Corp., the largest creditor of the bankrupt parent of Oncor Electric Delivery Co., has reportedly said it is in the process of making a $9.3 billion offer for the Texas utility, potentially topping a $9.1 billion offer from Warren Buffet's Berkshire Hathaway.

  • July 10, 2017

    Gardere Adds Energy Litigation Partner In Houston

    Gardere Wynne Sewell LLP has added an energy litigation partner in Houston from Strasburger & Price LLP who works with investors and private equity firms in a variety of trial and arbitration matters, the firm announced Thursday.

  • July 10, 2017

    EPA Asks DC Circ. To Recall Mandate In Methane Rules Case

    In a rare request, the U.S. Environmental Protection Agency asked the D.C. Circuit on Friday to recall its mandate that vacated the agency’s decision to stay portions of its methane regulations for new oil and gas infrastructure, so it would have time to consider asking for further appeal.

  • July 10, 2017

    Texas Politico's Atty DQ'd Over Client Conflict

    A Texas federal magistrate judge on Monday said the lawyer representing state Sen. Carlos Uresti, D-San Antonio, in a securities fraud case tied to a fracking sand company should be disqualified because of a client conflict, a spokeswoman for the U.S. Department of Justice confirmed.

  • July 10, 2017

    Westar, Great Plains Try Again For Tie-Up With $14B Deal

    Kansas City Power & Light parent company Great Plains Energy Inc. said Monday it will merge with Westar Energy Inc. in a $14 billion deal as the companies make a second attempt at a tie-up following the initial rejection of a deal by a Kansas utility regulator.

  • July 10, 2017

    5th Circ. To Review If Maritime Law Applies To Well Injury

    The Fifth Circuit agreed on Friday to review whether the involvement of a barge-mounted crane is sufficient to shift a case over an injury incurred during work on an offshore gas well from being governed by state to maritime law.

  • July 10, 2017

    Oil Field Workers Agree To $2.1M Deal In OT Suit

    A class of workers of an oil field services company on Friday agreed to a $2.1 million deal to settle a Fair Labor Standards Act collective action alleging that the company didn’t pay them proper overtime wages.

  • July 7, 2017

    Texas Court Reverses Harleton Win In $232M Oil and Gas Fight

    A Texas appellate court on Friday threw out an oil company’s win in a complex, multiparty dispute over the ownership rights to a Haynesville Shale property that was bought by a Chesapeake Energy Corp. unit as part of a $232 million deal.

  • July 7, 2017

    Native Group Gets OK To Join Calif. Power Plant Proceedings

    A California Energy Commission committee has given a Native-led nonprofit group permission to step into proceedings over a Calpine Corp. unit's proposed natural gas power plant in Ventura County, after said it wanted to protect cultural and natural resources from being harmed by the project.

  • July 7, 2017

    Wary Courts Threaten Trump's Rapid Rollback Of Energy Regs

    The D.C. Circuit's recent decision lifting the U.S. Environmental Protection Agency's stay of finalized methane regulations is a sign that courts will look critically on quick-strike attempts by the Trump administration to roll back Obama-era energy and environmental rules. Here are four rollback efforts that may be legally vulnerable.

  • July 7, 2017

    Brand Battles: Uber, Golden State Warriors, KC Royals

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Uber takes on an "Uber Energy," the Golden State Warriors become the latest sports team to battle a single pesky applicant, and the Kansas City Royals appeal after being refused a registration on the team's stadium name.

  • July 7, 2017

    Biofuel Exec Decries Holland & Knight Duo's Role In His Case

    A businessman charged in an alleged multimillion-dollar green energy scam on Thursday again asked a Pennsylvania federal judge to throw out his case, saying he is the victim of the government’s “reckless exploitation” of a conflict of interest with regard to his former Holland & Knight LLP lawyer and the firm's senior policy adviser.

  • July 7, 2017

    Taxation With Representation: Kirkland, Gibson, Goodwin

    In this week’s Taxation With Representation, Berkshire Hathaway Energy prepares to acquire bankrupt EFH for $9 billion, the parent of television giant QVC agrees to an approximately $2.1 billion takeover of the company behind Home Shopping Network, and the marketing firm Red Ventures plans to buy Bankrate Inc. for about $1.4 billion.

  • July 7, 2017

    2nd Circ. Nixes Rakoff's Certification Of Petrobras Investors

    The Second Circuit on Friday decertified two investor class actions claiming Brazilian oil giant Petrobras concealed billions of dollars in bribes and kickbacks, saying U.S. District Judge Jed Rakoff committed legal error when weighing the classes’ common questions against those of individual members.

  • July 7, 2017

    FERC Says Grid Co. Didn't Get OK For Transmission Buys

    The Federal Energy Regulatory Commission’s enforcement arm published a notice Friday saying it had made a preliminary determination that the American Transmission Co. LLC had violated two sections of the Federal Power Act.

  • July 7, 2017

    SEC Sues Over $2.4M Calif. Oil-Drilling Ponzi Scheme

    A supposed oil and gas drilling operation that raised $2.4 million by cold-calling investors from a California boiler room was really nothing more than a scam that lined the pockets of its owners and salesmen, the U.S. Securities and Exchange Commission claimed in a Thursday lawsuit.

Expert Analysis

  • 9 Things To Know About Trump's Paris Agreement Decision

    Ethan Shenkman

    After declining to recommit to the Paris climate change agreement at the recent G-7 summit, it came as little surprise that President Donald Trump announced the U.S. will withdraw from the Paris climate accord. Attorneys with Arnold & Porter Kaye Scholer LLP discuss some of the most important aspects of this development.

  • The Regulatory Reforms Manufacturers Want Most: Part 1

    Charles Merrill

    Four days after taking office, President Donald Trump directed the U.S. Department of Commerce to seek comments on the impact of federal regulations on domestic manufacturing. Many businesses and trade associations have since responded. A review of comments submitted to the DOC offers insights into which environmental regulations companies find most problematic, says Charles Merrill of Husch Blackwell LLP.

  • Maryland's Energy Storage Credit Has Strings Attached

    David Burton

    Last month, Maryland became the first state in the U.S. to offer a tax credit for energy storage systems. But its value may be limited by a cap on the total amount of credits the state will issue in a given year, questions about how partnerships may be allowed to allocate the credit between sponsors and investors, and other considerations, say attorneys at Mayer Brown LLP.

  • Private Equity And Energy Infrastructure: Part 2

    Denis A. Fallon

    Private equity investors have found energy infrastructure funds to offer a useful combination of long-term stable returns and downside protection. In the final installment of this article, Denis Fallon and C. Spencer Johnson III of King & Spalding LLP consider a variety of options for private equity investments in already-completed, income-producing projects.

  • Private Equity And Energy Infrastructure: Part 1

    Denis A. Fallon

    Energy infrastructure funds offer the potential for long-term stable returns, plus downside protection through the asset class’s inflation-hedging characteristics. This two-part article by Denis Fallon and C. Spencer Johnson III of King & Spalding LLP provides an introduction to energy infrastructure funds, and shows how conventional private equity fund limitations can impact an energy infrastructure investment.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Superfund Sites And EPA Budget Cuts: A Collision Course

    Kevin O’Brien

    President Donald Trump’s proposal to slash the 2018 budget and workforce of the U.S. Environmental Protection Agency has generated commentary over its potential ramifications. Assuming that a budget along the lines of the president’s proposal is eventually adopted, governmental actions to address and remediate hazardous waste sites will undoubtedly be delayed or scaled back, says Kevin O’Brien of Butler Rubin Saltarelli & Boyd LLP.

  • Infrastructure 'Recycling' May Be The Wave Of The Future

    Stephen Martinko

    Infrastructure "recycling" has lately gained traction as a potential element of the Trump administration’s plans. By tapping into hundreds of billions of dollars of value in roads, bridges, airports and other assets, public-private partnerships can fund new priorities. This innovative approach could engage both public and private sectors in a long-term effort, say Stephen Martinko and Peter Nelson of K&L Gates LLP.

  • Texas Opens The Door To More Oilfield Contamination Suits

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    The Texas Supreme Court affirmed last month that the state agency overseeing oil and gas matters does not possess exclusive jurisdiction over oilfield contamination claims. The result is that a landowner could obtain both an order from the agency compelling an oil company to clean up the contamination and court-ordered damages for the same contamination, says Andrew Stakelum of King & Spalding LLP.