Energy

  • October 01, 2019

    Show Me Emission Controls At Missouri Plants, Judge Says

    Environmentalists scored a victory in a protracted legal fight with a coal plant operator when a Missouri federal judge ordered the energy supplier to carry out emission controls long sought by the federal government at two coal-fired plants, warning he'll be watching to make sure the company demonstrates compliance.

  • October 01, 2019

    Teco Energy Secures $21M Award Against Guatemala

    A D.C. federal judge on Tuesday confirmed a $21.1 million award issued to U.S.-based Teco Energy Inc. in a dispute with Guatemala, finding that none of the Central American country’s arguments against enforcement held up to scrutiny.

  • October 01, 2019

    Chinese Solar Exporter Sues Over Commerce's Duty Rates

    One of the largest Chinese manufacturers of solar panels has sued the federal government in the U.S. Court of International Trade, alleging it used adverse facts incorrectly to calculate countervailing duties on solar cells.

  • October 01, 2019

    3 Firms Steer Brookfield's $170M Energy Co. Take-Private

    A Brookfield consortium will acquire the outstanding publicly held shares of midstream services provider Teekay Offshore Partners in a roughly $170 million take-private deal steered by Kirkland & Ellis LLP, Potter Anderson & Corroon LLP and Baker Botts LLP, Teekay Offshore said Tuesday.

  • October 01, 2019

    Challenges To Trump's Monument Cuts Proceed — For Now

    A Washington, D.C., federal judge has denied the Trump administration's efforts to sink two lawsuits challenging the president's decision to shrink two national monuments, but she left the door open for the government to try again.

  • October 01, 2019

    Del. Judge Latest To Ax Gov't Robocall Exemption From TCPA

    A Delaware federal judge found the Telephone Consumer Protection Act carve-out allowing government-backed debt collectors to use robocalls is unconstitutional, echoing several recent appellate decisions that have struck the controversial provision from the law.

  • October 01, 2019

    Chancery Nixes Spectra Investor Bid To Salvage $661M Suit

    The Delaware Chancery Court dismissed a $661 million public unitholder challenge to part of the $1.5 billion price Spectra Energy Partners accepted in a 2015 pipeline sale after a vice chancellor ruled that an allegedly undervalued litigation right included in a subsequent deal was not material.

  • October 01, 2019

    V&E, Latham Lead $1B Take-Private Deal For Energy Co. Roan

    Roan Resources, led by Vinson & Elkins, detailed plans Tuesday to sell itself to private equity-backed Citizen Energy, advised by Latham & Watkins, for $1 billion including debt, after the oil and natural gas company drew interest from a handful of potential suitors.

  • October 01, 2019

    Trump Taps FERC General Counsel To Fill Commission Seat

    President Donald Trump late Monday tapped Federal Energy Regulatory Commission general counsel and former Skadden attorney James Danly to fill a Republican commissioner opening, but the lack of a paired nominee for FERC's pending Democratic vacancy could complicate Danly's U.S. Senate confirmation process.

  • September 30, 2019

    Duracell's Battery Claims Mislead Consumers, Energizer Says

    Duracell is duping people into believing its new “Optimum” AA and AAA batteries are more powerful and longer lasting than all other batteries in the same size categories, Energizer alleged in a lawsuit filed Monday in New York federal court.

  • September 30, 2019

    Chesapeake Beats Landowners' Oil Lease Class Action

    Chesapeake Exploration LLC properly calculated and paid oil and gas royalties to landowners, an Ohio federal judge ruled Monday, granting summary judgment in favor of the oil company in a certified class action that's dragged on for nearly four years.

  • September 30, 2019

    NextEra Loses Bid To Recover $60M In Fees From EFH Ch. 11

    NextEra can't recover $60 million in administrative expenses it claimed it was owed by bankrupt Energy Future Holdings Corp. in connection with a scuttled deal to purchase the energy company’s assets, a Delaware federal judge ruled Monday.

  • September 30, 2019

    NY Says FERC Wrongly Nixed Pipeline Permit Denial

    New York environmental regulators said Friday the Federal Energy Regulatory Commission misapplied a D.C. Circuit decision setting limits on states' Clean Water Act permitting authority for energy projects when it ruled the Empire State blew a one-year deadline to act on a $683 million pipeline permit.

  • September 30, 2019

    Reed Smith Nabs Ex-Linklaters Arbitration Pro In Paris

    Reed Smith LLP has gained a former Linklaters attorney who has more than a decade of experience handling international arbitration proceedings in both Europe and Africa across various industries including construction, energy, defense and mining.

  • September 30, 2019

    9th Circ. Asked To Halt Logging In Mt. Hood National Forest

    After failing to convince an Oregon federal judge to block a logging and road-building project in the Mount Hood National Forest, environmentalists have asked the Ninth Circuit to reverse the decision allowing the Trump administration to proceed with its plan.

  • September 30, 2019

    TerraForm, Investors Agree To Reduce Settlement To $49M

    Investors in TerraForm Global Inc. said they've reached an agreement with the renewable energy power plant company to settle securities claims for $48.75 million rather than the $57 million they'd previously agreed to.

  • September 30, 2019

    House Dem Faults BLM's Arctic Drilling Climate Analysis

    The Democratic chair of the U.S. House Committee on Natural Resources accused the Trump administration Monday of climate denial in its analysis of the environmental impact of oil and gas exploration in the Arctic National Wildlife Refuge.

  • September 30, 2019

    Ecuador Must Pay $450M Following Oil Profits Fight

    Ecuador must pay a Bahamian oil company nearly $450 million to resolve a more than 10-year-old dispute over the allocation of profits from two oil blocks in the Amazon, but the energy company owes nearly $55 million to pay for environmental cleanup, an international tribunal has ruled.

  • September 30, 2019

    3rd Circ. Lets Crystallex Resume Bid To Seize Citgo Shares

    The Third Circuit on Monday lifted a stay of Delaware federal court litigation between Crystallex International Corp. and Venezuela, paving the way for the Canadian miner to seize shares in Citgo's parent company. It’s a move the Latin American country has said might hamper its economic recovery.

  • September 30, 2019

    FERC Widens Calif. Grid Operator's Power Deal Authority

    The Federal Energy Regulatory Commission approved a request by California's regional grid operator to expand its power to keep older generators online despite a dissent by the Democratic commissioner, who said the change would hamper the transition toward cleaner energy.

  • September 30, 2019

    Spanish Piping Co. Hit With $31M Verdict For False Ads

    A Texas federal jury has found that Spanish pipe manufacturer Ulma Piping owes roughly $31 million to a pair of American pipe makers for undercutting their business by falsely advertising its oil pipeline parts as being strengthened by heat treatment.

  • September 30, 2019

    Mozambique Says Oxy-Total Gas Deal To Yield $880M In Tax

    French oil major Total said Monday it has completed the $3.9 billion acquisition of Anadarko Petroleum’s 26.5% stake in a liquefied natural gas project in Mozambique, a deal the African country’s president expects will bring $880 million in tax revenue.

  • September 30, 2019

    Minn. Agency Denies Water Approval For Enbridge Pipeline

    The Minnesota Pollution Control Agency has rejected Enbridge Energy LP's request for a Clean Water Act certification for the controversial Line 3 oil pipeline, saying the agency needs more information on the project's environmental impacts before it considers signing off on the plan.

  • September 30, 2019

    Rakoff Triples Objector's Atty Fees In $3B Petrobras Deal

    A man who saved a class of investors $46 million in legal fees stemming from their $3 billion settlement with Brazil's state-run oil giant Petrobras won almost $34,000 for his legal counsel, roughly tripling the original award.

  • September 30, 2019

    Shareholder Tearfully Explains Motive In Murex Chancery Trial

    A Chancery Court trial over stockholder rights to demand an oil company's records took an emotional turn Monday when a Murex Petroleum Corp. investor teared up when a company attorney told her "You chose not to be a multi-millionaire" by refusing to accept an unsupported, all-or-nothing share buyout.

Expert Analysis

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • What Justices' Deference Opinion Means For Employers

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    The U.S. Supreme Court rewrote the rules on judicial deference to federal agency guidelines with its recent decision in Kisor v. Wilkie. For employers — where agency guidance frequently disclaims authoritative use — it means a lot of settled law is potentially up for grabs, says Steven Katz at Constangy Brooks.

  • When FCPA Violations Turn Into Private Securities Cases

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    In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • ARIA Paves The Way For US Reengagement With Asia

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    A U.S. Senate subcommittee recently held hearings concerning the 6-month-old Asia Reassurance Initiative Act, which seeks to renew U.S. engagement in the Indo-Pacific region. But the success of the law will depend on whether the private, governmental and nongovernmental sectors make full use of the funding it provides, says Chuong Le of Snell & Wilmer.

  • PE Leaders' Many Hats Complicate D&O Policies

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    Divergent outcomes in two recent Delaware Superior Court cases came down to the wording of insurance policies, highlighting coverage issues for private equity directors and officers serving in multiple capacities, say insurance practitioners from Hiscox and Bailey Cavalieri.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • In High Court's Kisor Ruling, 2 Important Doctrines Survive

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    The U.S. Supreme Court’s surprising 9-0 ruling in Kisor v. Wilkie salvaged Auer deference, but of even greater significance was Chief Justice John Roberts’ alignment with the four liberal justices on the stare decisis question, say Dan Deane and Nathan Warecki at Nixon Peabody.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • A Dramatic 6 Months For OFAC Sanctions Enforcement

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    Through the first half of 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control strengthened country-based sanctions programs, including those targeting Venezuela and Cuba, and brought a string of aggressive enforcement actions that suggest enhanced compliance program expectations going forward, say attorneys at Ropes & Gray.

  • M&A Checklists Should Include State-Level Antitrust Review

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    In light of recent lawsuits, every M&A attorney in the country should be aware that state attorneys general can and will use state antitrust laws to block the anti-competitive effects of nationwide mergers when local-market effects warrant action, say Seth Belzley and David Kully of Holland & Knight.

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