Energy

  • January 20, 2022

    WilmerHale-Led Electric Battery Biz Lands $200M In Series D

    Represented by WilmerHale, electric battery company Factorial Energy said Thursday it received a $200 million investment for its Series D funding round that was led by Mercedes-Benz and Stellantis NV to help continue developing batteries for electric vehicles.

  • January 20, 2022

    Deals Rumor Mill: Zentiva, Carlyle Group, Acorns Grow

    The deals rumor mill is often overflowing with transactions that are reportedly close to being inked, but with so many rumors it can be hard to know which ones to stay on top of every week. Here, Law360 breaks down the deal rumors from the past week that you need to be aware of.

  • January 20, 2022

    MIT Prof Defeats China-Ties Case As Feds Reverse Course

    Federal prosecutors on Thursday formally dropped criminal charges against a Massachusetts Institute of Technology professor accused of concealing his ties to China, saying new information had undermined the case.

  • January 19, 2022

    Delaware Justices Doubtful Of Solar Co.'s Coverage Bid

    The Delaware Supreme Court on Wednesday appeared skeptical as to whether the so-called fundamental identical standard applies to determining whether two underlying actions against a solar panel manufacturer allege the same facts and are therefore barred by a policy's related claims exclusion.

  • January 19, 2022

    Feds Can't Add 'Political' Defense To ND's $38M Pipeline Suit

    A North Dakota magistrate judge has rejected the federal government's bid to add new defenses to the state's $38 million suit against it for supposedly failing to control demonstrations against the Dakota Access Pipeline, saying it's too late for the U.S. to make those arguments.

  • January 19, 2022

    NJ High Court Skeptical Of Union Carbide Asbestos Verdict

    The New Jersey Supreme Court cast doubt Wednesday on a widow's bid to restore a $2.38 million verdict against Dow Chemical unit Union Carbide, with justices probing whether manufacturers could fulfill their duty to warn workers about the dangers of asbestos via information provided to employers.

  • January 19, 2022

    DC Circ. Questions FERC Pipeline Challengers

    The D.C. Circuit on Wednesday questioned whether environmental advocates were simply taking issue with Federal Energy Regulatory Commission conclusions during an environmental review of a contentious pipeline extension, noting that a disagreement in policy wouldn't make a decision illegal on its own.

  • January 19, 2022

    Vale Docs Are Off-Limits As Guinean Mining Fight Grinds On

    Israeli billionaire Beny Steinmetz has lost his bid for information from Brazilian miner Vale that was aimed at bolstering his case in an upcoming trial in the U.K. over an ill-fated Guinean mining project, after a New York judge ruled Wednesday that his requests were too broad.

  • January 19, 2022

    5th Circ. Creates Carveout For Deepwater Response Claims

    A split Fifth Circuit panel on Wednesday handed a mixed ruling to emergency responder companies who contracted with BP during the 2010 Deepwater Horizon disaster, finding they may be required to indemnify the oil company against some personal injury claims stemming from the disaster.

  • January 19, 2022

    Chevron Fights Green Groups' Bid To Sink Oil Lease Sales

    Chevron USA Inc. has asked a Washington, D.C., federal judge to reject an effort by green groups to overturn a U.S. Department of the Interior oil and gas lease sale that the company participated in to the tune of $47 million.

  • January 19, 2022

    Fraudster Ex-SEC Lawyer Has A New Con, Wall St. Cop Says

    A former U.S. Securities and Exchange Commission lawyer convicted of fraud more than a decade ago is now facing an enforcement action from the Wall Street regulator over an alleged penny stock scheme launched shortly after he was released from prison.

  • January 19, 2022

    US, UK Look To Resolve Lingering Security Tariff Dispute

    The U.S. and United Kingdom are aiming to settle a long-running fight over U.S. national security tariffs, the governments announced Wednesday, hoping to shift their focus to industrial overcapacity driven by China.

  • January 19, 2022

    Fed. Circ. Hears Delays Doom China Tariff Refund Requests

    The government told the Federal Circuit that an attempt by importers to claw back tariffs paid on Chinese goods came too late, urging the circuit court to uphold a U.S. Court of International Trade decision to toss the claims.

  • January 19, 2022

    DC Circ. Appears Wary Of Okla. Coal Ash Rule Challenge

    A D.C. Circuit panel of judges on Wednesday questioned whether green groups have legal standing to pursue their claim that the U.S. Environmental Protection Agency illegally approved Oklahoma's coal ash permitting plan.

  • January 19, 2022

    EPA Climate Case Is DOA At High Court, Justices Told

    The U.S. Supreme Court should abandon its review of a D.C. Circuit decision indicating the U.S. Environmental Protection Agency has broad authority to regulate greenhouse gas emissions from power plants because there's no actual rule on the books to review, the EPA said.

  • January 18, 2022

    High Court Asked To Review $5M Atty Fees In Fracking IP Suit

    The U.S. Supreme Court has been asked to look into whether the Federal Circuit created "uncertainty and confusion" when it affirmed that a patent dispute over fracking technology was exceptional and warranted granting $5 million in attorney fees.

  • January 18, 2022

    Judge Sticks With Construction Halt On Power Plant

    A Nevada federal judge is standing by an injunction temporarily stopping construction on a planned geothermal power plant, despite concerns raised by the developer that the delay risks costing the company more than $30 million.

  • January 18, 2022

    WH Says No Grounds For Enviros To Fight Trump NEPA Rule

    The White House on Tuesday urged the Fourth Circuit not to revive environmental groups' challenge to a Trump-era rule overhauling the National Environmental Policy Act.

  • January 18, 2022

    FERC Ordered To Give Dam Flooding Complaint A Fresh Look

    The D.C. Circuit ruled that the Federal Energy Regulatory Commission failed to appropriately analyze an Oklahoma city's complaint concerning flooding from a hydroelectric dam operated by the Grand River Dam Authority, ordering it to review the case and evidence anew.

  • January 18, 2022

    Gazprom Seeks Arbitration In Latest Polish Pricing Dispute

    A subsidiary of Russian state-controlled gas monopoly Gazprom has filed arbitration claims against a Polish fossil fuel importer in the hopes of revisiting prices in a long-term contract, adding pressure to the already fragile relationship between the company and Poland.

  • January 18, 2022

    Albright Says Key Term Indefinite In Hydraulic Fracturing Case

    Western District of Texas Judge Alan Albright has declared indefinite a key term used in five of seven patents on electric pumps for hydraulic fracturing that U.S. Well Services Inc. has accused Halliburton Co. of infringing.

  • January 18, 2022

    EU Extends Steel Duties On US, China For 5 More Years

    The European Union extended anti-dumping duties on electrical steel imports from the U.S. and four other countries, saying that European producers would be harmed if it let the restrictions lapse.

  • January 18, 2022

    Musk Attys Call $13B SolarCity Merger Damages Preposterous

    In a proposal dubbed "preposterous" by the other side, Tesla stockholder attorneys suggested a $13 billion stock giveback Tuesday as one remedy in a suit challenging Tesla CEO Elon Musk's allegedly conflicted role in the electric car company's 2016 acquisition of rooftop solar panel venture SolarCity. The suggestion came during post-trial merger challenge arguments in Delaware's Chancery Court.

  • January 18, 2022

    Contractors Say PECO Falsely Accused Them Of Trespassing

    A group of telecommunications contractors from the Washington, D.C., area said they were wrongfully charged with trespassing on PECO Energy Co. property after security personnel didn't believe they were scouting rooftops for potential antenna locations, according to a lawsuit filed in Pennsylvania state court.

  • January 18, 2022

    Brazos Previews Ch. 11 Securitization Plans Ahead Of Trial

    Bankrupt electricity cooperative Brazos Electric Power Cooperative Inc. provided an overview Tuesday in Texas court of an intended securitization transaction that will most likely form the basis of a forthcoming Chapter 11 plan, saying the outcome of a February trial over a $1.9 billion claim from the state's grid operator will affect the plan's formulation.

Expert Analysis

  • Biden's Infrastructure Funding Comes With Strings Attached

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    ​The bipartisan infrastructure funding bill enacted last November ​creates new jobs and business opportunities, but ​its ​changes to domestic preferences and Made in America enforcement also give rise to new compliance hazards for unwary manufacturers and government contractors, say Jeffrey Belkin and Grecia Rivas at Alston & Bird.

  • How Congressional Oversight May Shift In 2022 And Beyond

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    Congressional oversight priorities are likely to be shuffled in 2022 and 2023 given the likelihood that this year’s midterm elections will politically realign one or both chambers, with Democrats seizing on a sense of investigative urgency into issues like emergency loans and government contracts, and Republicans deepening scrutiny of the current administration, say Aaron Cutler and Ari Fridman at Hogan Lovells.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Economic Analysis May Play Larger Role In SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent emphasis on climate risk disclosure may prompt future investigations and litigation to include economic analysis of how corporations benefited from misstatements, making it important for companies to understand the changing risks as enforcement gains traction in this area, says Mark Kaplan at Monument Economics Group.

  • Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

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    The theory behind Minnesota's litigation against major oil companies is that the petroleum industry has known for decades that use of fossil fuels causes climate change — and the parallels with the state's successful 1990s litigation against the tobacco industry are instructive, say Dennis Anderson and Jason Reeves at Zelle.

  • FERC Enforcement In 2021: A Year Of Change

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    Under the leadership of the Federal Energy Regulatory Commission's new chairman, Richard Glick, 2021 was a pivotal year for FERC's Office of Enforcement, with an uptick in investigations and a new focus on threats to infrastructure — and 2022 promises to be just as active, say attorneys at K&L Gates.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

  • Opinion

    NIMBYism Is Endangering America's Clean Energy Future

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    The U.S. has made remarkable strides in recent years toward a cleaner, more sustainable energy future — but further progress is threatened by a not-in-my-backyard cancel culture that seeks to thwart every type of major energy development, says Albert Wynn at Greenberg Traurig.

  • Opinion

    Update Deep-Sea Law To Spur US Mining Projects

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    Trillions of dollars' worth of rare earth minerals and hydrocarbons lie on and underneath the deep seabed in international waters, but U.S. investors and companies lack a well-developed legal framework to support deep-sea mining projects, so Congress must update existing law for the sake of U.S. energy independence and national security, says Camisha Simmons at Simmons Legal.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

  • Opinion

    Default Electric Service Short-Circuits Market Competition

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    While a number of states have enabled consumers to select their electricity supplier, the incumbent electric utility is still usually the default service provider — an arrangement that prevents consumers from enjoying the benefits of a truly robust competitive market, says Karen Moury at Eckert Seamans.

  • Opinion

    DOI Report Is Bad For Both Climate And Oil, Gas Interests

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    The U.S. Department of the Interior's recent report on federal oil and gas leasing programs has the potential to hike the price of oil and gas, create more emissions of carbon dioxide, and undermine the administration's climate change goals by increasing reliance on foreign oil and gas, say Jeffrey Dintzer and Gregory Berlin at Alston & Bird.

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