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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 27, 2024
DOJ, SEC Looking At Chemours After Internal Accounting Probe
The Chemours Co. said on Wednesday that the U.S. Securities and Exchange Commission and the U.S. Department of Justice have launched a probe into the chemical company after an internal review revealed that former executives engaged in unethical accounting practices.
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March 27, 2024
AI Software Co. Hid Oil Biz Partnership's Collapse, Suit Says
Executives and directors of artificial intelligence company C3.ai Inc. have been hit with a shareholder derivative suit in California federal court claiming they failed to disclose that the company's partnership with oil company Baker Hughes Co. was falling apart and that its sales team was experiencing high turnover.
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March 27, 2024
BlackRock's Non-ESG Funds Have Green Agenda, Miss. Says
Mississippi's secretary of state announced Wednesday that it intends to fine BlackRock multiple millions of dollars, alleging the asset manager has repeatedly made false and misleading statements about its involvement in "pushing" environmental, social and corporate governance factors on portfolio companies.
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March 27, 2024
Energy Co. Origis Exits Investor Suit Over Devalued Shares
Renewable energy company Origis USA Inc. has escaped a suit by former shareholders after a New York federal judge concluded that the plaintiffs failed to show that the company was privy to an alleged scheme by its now-former CEO to induce them to sell their stakes for considerably less than the $1.4 billion they were later sold for.
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March 27, 2024
Texas Appeals Court Nixes Injunction In Bitcoin Mining Dispute
A Texas state appeals court chucked a temporary injunction Wednesday that would have forced a property owner to keep providing electricity and access to a bitcoin mining company, ruling Thursday that the injunction was lacking in specifics and insufficient under Texas law.
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March 27, 2024
Tribes Want Climate Change Row With Oil Cos. In State Court
Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.
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March 27, 2024
Alamos Gold Strikes $325M Deal For Canadian Mine
Alamos Gold Inc. and Argonaut Gold Inc. announced Wednesday that they have inked an approximately $325 million deal steered by Torys LLP and Bennett Jones LLP for Alamos to acquire an Argonaut gold mine located in Ontario, Canada.
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March 27, 2024
BLM Finalizes Methane Venting And Flaring Rule
The U.S. Bureau of Land Management on Wednesday announced its final rule meant to cut the amount of methane released at energy production facilities by reducing leaks and tightening limits on a process known as flaring.
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March 27, 2024
FERC Finds Fans And Foes Of Wall Street's Utility Ownership
The deadline has just passed for initial comments on the Federal Energy Regulatory Commission's reexamination of its policy for allowing financial firms to own electric utilities. Here's a recap of what FERC is contemplating and the initial feedback the agency has received from players throughout the U.S. power sector.
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March 27, 2024
Colo. Judge Unplugs Vague EV-Maker Investor Suit
A Colorado federal judge has dismissed a shareholder suit against commercial electric vehicle company Lightning eMotors, agreeing with a magistrate judge's conclusion that the shareholders failed to bring specific allegations that the company knowingly misled investors on matters like its production capacity.
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March 27, 2024
DOE, Holtec Ink $1.5B Loan To Restart Mich. Nuclear Plant
The U.S. Department of Energy on Wednesday unveiled an up to $1.52 billion loan to Holtec Palisades aimed at financing a first-of-its-kind nuclear power plant restoration project for the previously shuttered Palisades Nuclear Plant in Covert Township, Michigan.
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March 27, 2024
Boston Strikes Novel Deal To Contract For Offshore Wind
Boston Mayor Michelle Wu on Wednesday announced a novel deal between the city and energy company Avangrid Inc. to purchase up to 15 megawatts of wind-generated electricity from the company, contingent on Avangrid winning a multistate bidding process for new offshore development.
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March 27, 2024
Judge Won't Sift Through IP Docs For Oil Co.'s Counterclaims
A Colorado federal judge said it's "patently unreasonable" to expect her to comb through hundreds of pages to find support for an oil and gas equipment maker's patent invalidity allegations, as she dismissed three of the company's counterclaims.
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March 27, 2024
McDermott Completes Global Restructuring
Texas-based energy industry construction firm McDermott International has announced the company successfully completed its cross-border restructuring in the Netherlands and the U.K., noting it has arranged to extend its debt maturities by three years and resolve arbitration liabilities.
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March 27, 2024
Illegally Stored Oil Waste Threatens Ohio River, AG Suit Says
The Ohio attorney general wants a state court to force the removal of tons of oil and gas industry waste illegally stored near the Ohio River that threatens to contaminate nearby drinking water sources.
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March 27, 2024
Dykema-Led CPS Energy Buying Texas Gas Assets For $785M
Dykema Gossett PLLC-advised CPS Energy has agreed to buy a Texas power generation portfolio from Talen Energy Corp. for $785 million, the companies said Wednesday.
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
8th Circ. Urged To Freeze SEC Climate Rules Once More
An energy company suing the U.S. Securities and Exchange Commission over its recently finalized climate disclosure rules urged the Eighth Circuit on Tuesday to stay the implementation of the rules, after a stay granted by the Fifth Circuit was recently lifted following the consolidation of various related lawsuits.
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March 26, 2024
Pennsylvania, Crypto Miner Sued Over Enviro Contamination
A Pennsylvania environmental group sued the Keystone State and a crypto-mining company Tuesday in Philadelphia County Court accusing the state of failing to protect its residents from the company's purported six million tons of carbon dioxide emissions per year.
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March 26, 2024
Judge To Let McDermott Investors Seek 2-Subclass Cert.
A Texas federal judge has declined to certify a proposed class of investors in energy industry engineering company McDermott International Inc., siding with a magistrate judge who recommended dismissing the class certification bid so the investors could refile and seek certification for two investor subclasses.
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March 26, 2024
WTO Calls On Australia To Amend Steel Duties On China
A World Trade Organization panel on Tuesday ruled that Australia flouted certain measures of the intergovernmental organization's so-called Anti-Dumping Agreement when calculating duties on wind towers, stainless steel sinks and railway wheels from China.
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March 26, 2024
9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt
The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.
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March 26, 2024
Oil Cos. Say Partner Kept Them In The Dark On New Facilities
A group of Colorado oil and gas companies have accused a Texas energy company they partnered with of secretly building and running pipelines and other infrastructure to support North Dakota oil and gas wells, cutting the Colorado companies out of their share.
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March 26, 2024
Ukrainian Gas Cos. Say Russia Can't Escape $35M Award
Several Ukrainian gas companies have urged a D.C. federal court not to grant Russia's bid to toss their claims seeking to enforce a nearly $35 million arbitral award against the Kremlin, saying the arbitrators already rejected Russia's claims that an underlying treaty doesn't apply.
Expert Analysis
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Bribery Settlement Gives Insight On DOJ Policies
Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Unpacking The Proposed Production Tax Credit Regulations
Recently proposed tax regulations for claiming the U.S. clean-energy manufacturers' production credit under Internal Revenue Code Section 45X are less stringent than many had feared but fail to define a fundamental eligibility requirement, say Casey August and Jared Sanders at Morgan Lewis.
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Opinion
What Insurers Gain When Litigating Coverage Denials
Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
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After Headwinds, 2024 May See Offshore Wind Momentum
Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
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How State AGs Process And Prioritize Consumer Complaints
Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.
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10 Issues To Watch As ESG Remains Alive And Well In 2024
Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Considerations for In-House Counsel Before Testing For PFAS
In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Analyzing 1 Year Of Comments On FTC's Green Guides
A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.