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Energy

  • October 1, 2018

    Kazakhstan Says Fraud Evidence Nixes $506M Award

    The Republic of Kazakhstan has urged the D.C. Circuit to overturn a federal judge's decision confirming a $506M arbitral award against the country, arguing that it was denied the chance to pick an arbitrator or submit evidence that two Moldovan oil and gas investors obtained the award through fraud. 

  • October 1, 2018

    What's New In NAFTA: A Law360 Cheat Sheet

    Thirteen months of often-fraught negotiations to revise the North American Free Trade Agreement concluded with a marathon session late Sunday as the U.S., Canada and Mexico agreed to a series of sweeping updates to the 1994 trilateral accord. Here, Law360 fills you in on the changes you need to know about.

  • October 1, 2018

    Fishing Groups' Wind Farm Suit Filed Too Soon, Judge Says

    A D.C. federal court agreed with Statoil Wind US and the Bureau of Ocean Energy Management that a challenge by seafood industry groups and others to a $42.5 million lease awarded to the company for a wind farm off the coast of New York was brought too soon.

  • October 1, 2018

    High Court Won't Disturb Grand Canyon Uranium Mining Ban

    The U.S. Supreme Court on Monday declined to review a Ninth Circuit decision upholding the U.S. Department of the Interior's moratorium on uranium mining on more than 1 million acres around Grand Canyon National Park, handing a defeat to mining industry groups that challenged the ban.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Wachtell Prevails In CVR's Takeover Malpractice Suit

    A New York federal judge on Friday dismissed CVR Energy Inc.'s malpractice claim against Wachtell Lipton Rosen & Katz stemming from $37 million in bank fees incurred by the company in connection with Carl Icahn's 2012 takeover, saying CVR hasn't shown the firm's conduct fell below the applicable standard of professional care.

  • September 28, 2018

    Ex-Texas Pol Charged With Fraud Over Frack Sand Scheme

    The U.S. Securities and Exchange Commission on Friday announced it has charged a former Texas state senator and another man over a scheme that raised millions from investors for a hydraulic fracking-related company based on misrepresentations. 

  • September 28, 2018

    ‘Disobedience’ Axes Pyramid-Scheme Suit: 5th Circ.

    The Fifth Circuit on Thursday affirmed the dismissal of a putative class action accusing Texas energy reseller Stream Energy of running an unlawful pyramid scheme exploiting sales agents, saying it was rightly tossed by the lower court after the lead plaintiff defied an order to arbitrate his claims.

  • September 28, 2018

    Feds Tell 9th Circ. Leases Shouldn't Go Tribe's Way

    The Bureau of Land Management urged the Ninth Circuit to overturn a lower court ruling that agreed with the Pit River tribe in its fight against geothermal leases on land important to the tribe, arguing the lower court applied the wrong part of a federal law.

  • September 28, 2018

    Ex-Calif. Solar Farm Worker Loses Appeal For Wage Suit Cert.

    A former construction worker at the Topaz Solar Farm in Southern California lost his bid Friday to upend a Los Angeles judge's refusal to certify two proposed classes in his suit alleging wage and rest break violations, as a state appellate court found that he wasn’t a suitable representative for the classes.

  • September 28, 2018

    Fuel Tax, Tribal Land Rights On Agenda For High Court

    The U.S. Supreme Court is set to take on several cases with major implications for tribes that are attracting heavy friend-of-the-court participation, including a tax battle between Washington State and a Yakama Nation company, a Crow tribe member’s bid to hunt under a tribal treaty, and a murder case that could have a profound impact on Oklahoma tribes’ jurisdiction. Here, Law360 takes at look at its slate of Native American law-related cases and the key amicus briefs for each side.

  • September 28, 2018

    FERC Beats Challenge To Pipeline Eminent Domain Process

    A group of landowners suing the Federal Energy Regulatory Commission went to the wrong place in their attempt to stop two pipeline development companies from taking control of private land along the projects’ routes, a D.C. federal judge said Thursday, finding that the lawsuit should’ve been filed elsewhere.

  • September 28, 2018

    FERC Must Heal Electricity Policy Rift, Commissioner Says

    The Federal Energy Regulatory Commission must ensure wholesale electricity markets can accommodate state clean energy policies while still producing just and reasonable rates for consumers, in light of recent appellate endorsements of state clean energy subsidies, Commissioner Cheryl LaFleur told Law360 on Friday.

  • September 28, 2018

    PG&E's $4.9M Deal To End SF Bay Toxic Waste Suit Is OK'd

    A California federal judge Thursday approved an agreement between Pacific Gas and Electric Co. and a group of commercial herring fishermen that settles their claims that the utility contaminates the San Francisco Bay and its surrounding area with residual pollutants from its former manufactured gas plants.

  • September 28, 2018

    Dole Unit Nears $26M Atty Fee Win After Beating Shell Suit

    A California judge has indicated he will likely award Barclay Hollander, a real estate subsidiary of Dole Foods, $26.8 million to pay for the legal work of Gibson Dunn & Crutcher LLP and Lewis Brisbois Bisgaard & Smith LLP after it fended off a bid from Shell Oil Co. to get more than $300 million in oil waste cleanup costs reimbursed.

  • September 28, 2018

    CFTC Starts Insider Trading Task Force, Sues Energy Broker

    The Commodity Futures Trading Commission announced Friday that it has created an insider trading task force, the same day the agency accused a Houston-based energy commodities broker of using clients’ trading information to help a friend make money.

  • September 28, 2018

    2 Ex-Oil Co. Execs Get Prison For Global Bribery Scheme

    Two former executives of Dutch oil company SBM Offshore NV were sentenced by a federal judge in Houston on Friday afternoon to prison for their roles in an international bribery scheme.

  • September 28, 2018

    Sunrun Solar To Shell Out $5.5M To Settle Robocalls Suit

    Sunrun Inc. will pay $5.5 million to settle a putative class action in California federal court accusing the solar company of placing unsolicited telemarketer calls to numbers on the National Do Not Call Registry.

  • September 28, 2018

    Late Petition Dooms PTAB Ax Of Gas Patent, Fed. Circ. Rules

    The Federal Circuit ruled Friday that the Patent Trial and Appeal Board wrongly invalidated a gas pressure valve patent in an inter partes review, holding that Atlanta Gas Light Co. filed its petition challenging the patent too long after it was sued for infringement.

  • September 28, 2018

    Underwriters Slam Quick Win Bid In $500M Chevron Rig Suit

    Insurance underwriters who claim to have paid $500 million to Chevron after a Gulf of Mexico oil rig broke urged a Texas federal judge Thursday to reject American Global Maritime Inc.’s quick win bid on claims seeking to hold the marine surveyor liable, saying the request is premature and meritless.

Expert Analysis

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Is Trump Admin.'s Suspension Of Clean Water Rule Lawful?

    Steven Gordon

    Earlier this year the Trump administration suspended the Clean Water Rule while considering how to rescind or revise it. This action was immediately challenged in New York federal court, presenting some interesting questions about when and how an agency can suspend a regulation that has already taken effect, says Steven Gordon of Holland & Knight LLP.

  • Developments In Environmental Enforcement Since TCJA

    Peter Condron

    The Tax Cuts and Jobs Act has made it more difficult for companies facing environmental enforcement to deduct payments to the government by requiring that settlement agreements and court orders contain specific language. Though the IRS has yet to explain just how parties are to comply, guidance can be found in the rule-making process and recent case law, say attorneys at Crowell & Moring LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.