• December 07, 2023

    Online Trader's Go-Public Plans Fail As SPAC Merger Fizzles

    Canadian special purpose acquisition company FG Acquisition Corp. and online trading platform ThinkMarkets mutually agreed to terminate their merger plans on Thursday, prompting FG to pursue another acquisition while ThinkMarkets will consider other ways to raise capital.

  • December 07, 2023

    6th Circ. Judge Casts Skeptical Eye On Buy-Local Power Rule

    Sixth Circuit judges Thursday grappled with whether to revive energy suppliers' challenge to a "buy or build local" electricity rule in Michigan, with one judge seemingly sympathetic to the energy suppliers' plight and skeptical of the state's position that the rule doesn't harm out-of-state companies. 

  • December 07, 2023

    Pfizer Unit Agrees To Construct Floodplain At Superfund Site

    The federal government is urging a New Jersey federal court to greenlight a settlement under which a Pfizer Inc. unit would fund the construction and maintenance of a floodplain, billed as compensation for contamination the company has previously paid $263 million to remediate.

  • December 07, 2023

    Nantucket Org Urges 1st Circ. To Reject Wind Farm Defense

    A Nantucket group pushing to overturn approvals for Vineyard Wind 1 is asking the First Circuit to reject the U.S. Bureau of Ocean Energy Management and the National Marine Fisheries Service's arguments that they took a hard look at the risks the offshore wind project poses to endangered North Atlantic right whales.

  • December 07, 2023

    EU Fines Ethanol Producer €47M For Benchmark Manipulation

    European enforcers ended an ethanol cartel investigation on Thursday, fining Swedish producer Lantmännen Biorefineries AB around €47.7 million ($51.5 million) for allegedly participating in a scheme to maintain high prices by manipulating a key benchmark.

  • December 07, 2023

    2 Australian Petro Cos. In Talks To Merge To Form $52B Giant

    Australian energy company Woodside confirmed Thursday that it is in talks with peer Santos Ltd. for a potential merger that could result in the formation of an approximately $52 billion energy giant, as energy companies continue to consolidate around the globe.

  • December 07, 2023

    Deals Rumor Mill: Panera Bread, Neiman Marcus, Hahn & Co.

    Panera Bread has filed confidential paperwork for a U.S. IPO that’s expected to happen in 2024, Neiman Marcus rejected the latest takeover offer from Saks Fifth Avenue, and South Korea’s Hahn & Co. may sell its majority stake in a $10 billion shipping business. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • December 06, 2023

    PacifiCorp To Pay $300M Over 2020 Southwest Oregon Fires

    PacifiCorp will pay nearly $300 million to resolve litigation brought by more than 400 people who were impacted by a series of wildfires in southwestern Oregon in 2020, the electric services utility announced Tuesday.

  • December 06, 2023

    10th Circ. Says BP America Can't Avoid $700K Royalty Payout

    A Tenth Circuit panel on Wednesday concluded BP America Production Co. can't escape almost $700,000 in royalty underpayments for federal natural gas leases in Wyoming, affirming a U.S. Department of the Interior order requiring the oil and gas producer to pay up.

  • December 06, 2023

    Mich. Justices Go Down 'Rabbit Hole' In Rare Zoning Appeal

    From a relatively quiet Michigan Supreme Court bench that was hearing a rare high-court zoning appeal Wednesday, one justice indicated some sympathy for zoning officials who want to undo a decision saying they can't block a NextEra Energy subsidiary from expanding a wind farm.

  • December 06, 2023

    SEC's Climate Proposal Leads Rules Lined Up For 2024 Votes

    The U.S. Securities and Exchange Commission on Wednesday outlined its regulatory priorities for 2024, revealing that a long-awaited vote on climate disclosures could happen by April, alongside many new proposals that may be unveiled next year.

  • December 06, 2023

    11th Circ. Told Mineral Co.'s Arbitral Award Favors Corruption

    A Venezuelan state-owned mining company urged the Eleventh Circuit on Wednesday to vacate a $188 million arbitration penalty stemming from disputes over iron ore operations, saying the arbitrators are "advancing corruption and bribery" that a former British Virgin Islands minerals business partner used to procure a contract.

  • December 06, 2023

    Steel Co. Scores H-2B Extensions After COVID-Related Delays

    A Delaware steel fabricator has won extended work permits for 50 staff on a wind turbine project after a U.S. Department of Labor appellate board ruled that a certifying officer had failed to properly consider delays caused by the pandemic.

  • December 06, 2023

    Climate Cases Belong In Federal Court, Oil Cos. Tell 4th Circ.

    Oil industry titans pushed the Fourth Circuit on Wednesday to remove to district court a lawsuit brought in a state venue by local Maryland governments that alleges the companies lied about fossil fuels' effects on the climate to promote sales, arguing the claims encompass actions taken at the direction of the federal government.

  • December 06, 2023

    Tech Players Square Off In $4M Fight Over Penthouse Elevator

    Lab space developer Alexandria Real Estate is withholding a $4.4 million payment as leverage in a commercial real estate deal with oilfield tech firm Schlumberger Technology Corp. in order to secure ground-floor access to an elevator that the developer is not entitled to have, according to a lawsuit filed Wednesday in Massachusetts state court.

  • December 06, 2023

    Feds Can't Justify Gas Pipeline Safety Rules, DC Circ. Hears

    A gas pipeline industry group called on the D.C. Circuit to unravel a handful of new safety standards for transmission pipelines, arguing that the U.S. Department of Transportation failed to craft reasonable standards that adequately weighed the benefits against the costs of compliance.

  • December 06, 2023

    Exxon Settles Novel Suit Over Tank Farm Climate Risk

    Exxon Mobil Corp. and the Conservation Law Foundation have reached a settlement in a 7-year-old lawsuit over potential pollution at the company's now-decommissioned storage terminal just north of Boston, the environmental advocacy group announced this week.

  • December 06, 2023

    UK-Based Gold Miner Eyes US Listing Via $115M SPAC Merger

    Gold mining platform Blue Gold Holdings Ltd. on Wednesday announced plans to go public through a merger with Perception Capital Corp. IV, the expected name for a special-purpose acquisition company currently known as RCF Acquisition Corp., in a deal built by Loeb & Loeb and Nelson Mullins that will value the combined business at $114.5 million.

  • December 06, 2023

    States Seek To Void CWA's Expanded Permit Powers Rule

    Eleven states and three industry groups are challenging a Clean Water Act rule revision that allows states and tribes to block projects over potential impacts on water resources, saying it increases their environmental agencies' workloads and forces them to defend in court why they didn't consider every potential hazard.

  • December 06, 2023

    Fox Rothschild Seeks To Drop Solar Co. Targeted By State AG

    Fox Rothschild LLP has moved to withdraw from representing a solar company accused of unfair trade practices by the Connecticut attorney general's office by citing a professional conduct rule that can apply, among other things, to withdrawals involving a case's financial burden or a client's repugnant activities.

  • December 06, 2023

    Battery Co. Hid Revoked DOE Grant From Investors, Suit Says

    Lithium-ion battery company Microvast Holdings Inc. was hit with a proposed class action alleging it misled investors about a revoked grant from the U.S. Department of Energy, saying the company knew the deal had fallen through months before a public announcement.

  • December 06, 2023

    Wood Pellet Co. Leaders Face Investor Suit Over ESG Claims

    Investors in energy company Enviva Inc. filed a derivative suit against the company's top brass in Maryland federal court, alleging they made false statements about the company's cash flow and environmental, social and governance policies, which led to a stock price decline once it was revealed that Enviva's wood pellets weren't a clean replacement for coal.

  • December 06, 2023

    Groups Renew Fight To Block Willow Construction At 9th Circ.

    The Sovereign Iñupiat for a Living Arctic and conservation allies are urging the Ninth Circuit to block winter construction on the Willow oil and gas project on Alaska's North Slope as the court considers their appeal of a ruling upholding Bureau of Land Management approvals for the controversial energy development.

  • December 05, 2023

    ​​​​​​​Chevron-Backed Renewable Oil JV Secures $16M DIP Loan

    Novvi LLC, a renewable oil joint venture that's majority-owned by a Chevron subsidiary, can use $16 million in debtor-in-possession funding, a Texas bankruptcy judge ruled Tuesday, overriding objections from an investor that said the agreement will water down its ownership stake.

  • December 05, 2023

    Solar Tech Lender Gets OK For Quick Ch. 11 Exit

    A Delaware bankruptcy judge Tuesday said she will approve Sunlight Financial Holding's prepackaged Chapter 11 sale plan just over a month after the solar power financing company filed for bankruptcy.

Expert Analysis

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief

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    In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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