Energy

  • September 16, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the London Metal Exchange face fresh legal action over its nickel trading halt, Amnesty International sue its own arts organization over trademark licensing, and a Dutch transport technology company begin legal proceedings against Vivarail over a contract working on London Underground trains. Here, Law360 looks at these and other new claims in the U.K.

  • September 16, 2022

    Transformer Group Co-Founder Joins Pierce Atwood In DC

    An energy attorney with more than a decade of experience in the industry, who helped found a trade association to support domestic transformer manufacturing, has left Clark Hill PLC to join Pierce Atwood LLP's energy infrastructure project development and finance practice in Washington, D.C., the firm recently announced.

  • September 16, 2022

    TransGlobe Supports $307M Merger After 'Spurious Claims'

    A Canadian oil exploration and production company said on Friday that it recommends that its shareholders support a $307 million merger with Vaalco Energy Inc. despite a private investment adviser claiming that the transaction "severely undervalues" the business.

  • September 15, 2022

    SC Watchdog Can Dispute State's $75M Fee To 2 Law Firms

    A South Carolina government watchdog does have the right to challenge a $75 million contingency fee two Columbia law firms received after negotiating a $600 million settlement on behalf of the state, the state's Supreme Court has ruled.

  • September 15, 2022

    Investor Attys Get $7.5M Fees From PwC, Deloitte Settlements

    A Berman Tabacco legal team will receive $7.45 million in connection with settlements it brokered on behalf of investors in Aegean Marine Petroleum Network Inc. with Greek member companies of accounting firms PricewaterhouseCoopers and Deloitte over an alleged "brazen scheme to loot the company" of hundreds of millions of dollars.

  • September 15, 2022

    Nigeria Wins Doc Bid For English Trial In $10B Award Fight

    A New York federal judge has given Nigeria permission to seek additional information from an asset manager as it pursues litigation in England to set aside an allegedly fraudulent $10 billion arbitral award relating to an ill-fated natural gas processing plant project.

  • September 15, 2022

    Owens Corning Hits Energy Co. With TM Suit Over 'Pink' Name

    Owens Corning has launched an infringement suit accusing a solar energy company of using the longtime insulation maker's trademark colors and phrases for its products, causing confusion in the marketplace.

  • September 15, 2022

    La. Judge Wipes Out Air Permits For Petrochemical Project

    A Louisiana state judge has nixed air permits for a proposed petrochemical complex in a heavily industrialized region of the state known as "Cancer Alley," saying they flouted federal law and the constitutional rights of a predominantly low-income, African-American community already ravaged by pollution.

  • September 15, 2022

    BP Pays $2.75M To End Oil Refinery Emissions Suit

    A BP PLC unit has agreed to pay $2.75 million to end a case in which it was found liable for repeated emissions violations at a Chicago-area oil refinery, court records filed Thursday show.

  • September 15, 2022

    5th Circ. Says Phillips 66 And Shell Unit Must Pay Harbor Dues

    Phillips 66 Co. and a unit of Shell can't get out of paying fees to use a waterway on the Texas-Louisiana border while it is undergoing a $1.2 billion improvement project, a Fifth Circuit panel affirmed.

  • September 15, 2022

    Nikola Founder 'Makes Crap Up,' Worried Worker Said In Text

    Prosecutors seeking to convict Nikola Corp. founder Trevor Milton of fraudulently pumping up the zero-emissions truck maker's share value by billions of dollars showed a New York federal jury texts from his former employees, including one that said Milton "makes crap up."

  • September 15, 2022

    Oil Co. Founder Can't Escape Securities Fraud Civil Verdict

    A co-founder of Dakota Plains Holdings Inc. will not get a new judgment or trial after being found liable by a jury for securities fraud, after a New York federal judge denied his request in a class action accusing the defunct oil transloading company's officers and directors of engaging in a stock manipulation scheme.

  • September 15, 2022

    3rd Circ. Unmoved By Nuns' Religious Challenge To Pipeline

    The Third Circuit on Thursday appeared not to buy a group of nuns' argument that the building of a natural gas pipeline on their land merited damages, suggesting that the challenge should have been brought through the Federal Energy Regulatory Commission before construction.

  • September 15, 2022

    Biden Beefs Up Nat'l Security Evals For Foreign Investments

    President Joe Biden signed an executive order on Thursday directing the Committee on Foreign Investment in the United States to consider five additional factors as part of its national security reviews to keep up with evolving risks.

  • September 15, 2022

    TotalEnergies Sells Stake In Kurdistan Oil Field For $155M

    French energy giant TotalEnergies SE confirmed on Thursday that it has sold its interest in a Kurdistan oil field to a Canadian oil exploration company for $155 million.

  • September 14, 2022

    €190M Award Fans Flames Against Investor-State Arbitration

    An international tribunal's award last month of €190 million to a British energy company after Italy banned oil and gas projects off its coastline has provided more fuel to a movement in Europe to end investor-state arbitration, even as others say the tribunal simply upheld the rule of law.

  • September 14, 2022

    Texas Aims To Take Charge Of Carbon Capture Projects

    Texas oil and gas regulators have crafted an overhaul of carbon capture and sequestration rules with the hopes of convincing the federal government to let them take the lead in overseeing long-term underground carbon storage in the Lone Star State. Here's a rundown of Texas' carbon capture moves.

  • September 14, 2022

    Offshore Wind Developer Wants $333M For Scrapped Contract

    An American wind energy developer says Ontario has scrapped its long-suspended contract for an offshore wind farm and argues that Canada owes up to $333 million for failing to protect the developer's investment, even after the country lost an arbitral fight arising from that deal.

  • September 14, 2022

    US Indicts 3 Iranians In Massive Hacking, Ransom Scheme

    The U.S. Department of Justice unsealed an indictment Wednesday charging three Iranian nationals with carrying out cyberattacks on hundreds of victims, including a New Jersey town, electric utility companies in Indiana and Mississippi, and a state bar association.

  • September 14, 2022

    Loews Defends Baker Botts' Boardwalk Pipeline Opinion

    Loews Corp. relied on legitimate legal opinions in 2018 when it bought back its interest in pipeline operator Boardwalk Pipeline Partners LP for $1.5 billion, and a trial court's $689.8 million ruling that found otherwise should be overturned, the company told the Delaware Supreme Court on Wednesday.

  • September 14, 2022

    10th Circ. Upholds Unsigned Settlement In Pipeline Injury Row

    A Wyoming utility contractor can't escape an unsigned settlement deal to defend and hold faultless an energy company for injuries two of the contractor's workers sustained while working on a pipeline, a panel of judges for the Tenth Circuit decided Wednesday, concluding that the settlement didn't need to be executed to be enforced.

  • September 14, 2022

    NCAI Slams 'Double Standard' For Religious Law In Mine Row

    The National Congress of American Indians has urged the full Ninth Circuit to reconsider a panel decision allowing a federal land swap over the proposed Resolution Copper Mine, saying the decision misapplies an earlier circuit ruling and risks destroying an Indigenous sacred site.

  • September 14, 2022

    New Exchange Seeks SEC's Nod To Serve 'Green' Investors

    Green Exchange PBC on Wednesday said it has begun discussions with the U.S. Securities and Exchange Commission to register a new equities exchange that would link environmentally-focused investors and public companies.

  • September 14, 2022

    Minn. Sheriff Illegally Blocked Pipeline Protesters, Judge Says

    A Minnesota county sheriff had no authority to blockade land used by Native American activists protesting a multibillion-dollar oil pipeline expansion, a state judge has ruled, finding the property owner has broad permission to access the site via a publicly owned road.

  • September 14, 2022

    Freight Shipping Anxiety Swells As Rail Labor Talks Continue

    Transportation and logistics providers are bracing for shipping shutdowns as labor leaders and freight rail giants continued contract negotiations and met with Biden administration officials Wednesday to avert a potential rail workers strike Friday that would exacerbate existing supply chain logjams.

Expert Analysis

  • 5th Circ. Bankruptcy Ruling Signals New Sureties Road Map

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    The Fifth Circuit’s recent bankruptcy decision in Argonaut v. Falcon V suggests that executory contract analysis is ripe for change, and creates potential to modify the Countryman definition for purposes of determining whether multilateral contracts such as surety programs are executory, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • The Cruciality Of Building Client Intimacy Ahead Of Recession

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    Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

  • Prospects Are Mixed For A New US Mining Boom

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    The transition away from fossil fuels is boosting demand for minerals like lithium and uranium, but proposals for new and revived mining projects across the U.S. face an uncertain future, due to opposition from environmentalists, local residents and Native American tribes, says Rosemarie Hebner at Goldberg Segalla.

  • How To Win Over Bench Trial Judges Post-COVID

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    As courts face an unprecedented backlog of cases in the wake of the pandemic and are increasingly sensitive to the inefficient use of time, especially in a bench trial setting, advocates should sharpen their rhetorical and strategic tools by thinking big-picture, say Jim Hurst and Jon David Kelley at Kirkland.

  • Rebuttal

    Contra Proferentem Will Remain Alive And Well In NY

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    Although a recent Law360 guest article argues that a New York state court's decision in Brooklyn Union Gas v. Century Indemnity creates a blanket exception to the principle that contractual ambiguities are construed against the drafter, leading appellate decisions suggest that the exception would only be applied under narrow circumstances, say attorneys at Pillsbury.

  • A Cautionary Tale On Diversity Jurisdiction From The 6th Circ.

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    The Sixth Circuit’s recent opinion in Akno 1010 Market St. v. Pourtaghi highlights the importance of properly establishing citizenship of all parties before filing a federal lawsuit under diversity jurisdiction rules, and shows how overlooking jurisdiction issues could undo years of litigation, say Lauren Snyder and Charles Loeser at Harris Wiltshire.

  • Opinion

    Overly Broad PFAS Regs Bring Costs For Companies

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    The U.S. Environmental Protection Agency's sweeping new regulations on per- and polyfluoroalkyl substances — with some contaminant levels set below currently detectable levels — will be expensive and disruptive for businesses to comply with, say attorneys at DLA Piper.

  • Opinion

    Using Bayh-Dole To Control Drug Prices Would Skew Statute

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    Acceding to 100 congressional lawmakers' request that the Bayh-Dole Act be used to impose price controls on certain drugs by administrative fiat would misrepresent the statute and jeopardize the robust American innovation ecosystem it was meant to enhance, says Brian O'Shaughnessy at Dinsmore.

  • High Court FLSA Case Threatens OT Pay Landscape

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    The U.S. Supreme Court will soon decide in Helix Energy Solutions v. Hewitt whether a high-paid oil rig worker is entitled to overtime compensation under the Fair Labor Standards Act, and its eventual opinion could bring a new class of employees within the purview of the law’s requirements, say Melissa Legault and Wade Erwin at Squire Patton.

  • 3 Trends To Watch In US Offshore Wind Development

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    As the offshore wind industry continues to build momentum in the U.S. with billions of dollars in new infrastructure spending and offshore lease sales, developers should keep an eye on emerging solutions to grid connectivity, expansion into new potential lease areas and more, say attorneys at V&E.

  • What Litigators Can Really Learn From Rambo

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    A Rambo litigator is a consistently overaggressive and dishonest attorney, but the John Rambo of "First Blood," which recently celebrated its 40th anniversary, has several excellent qualities worth emulating in the legal profession, including professional competence, mental resilience and improvisational ability, says Christopher Van de Kieft at Gitlin Horn.

  • Business Insurance Considerations Amid Conflict In Ukraine

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    As the conflict in Ukraine continues to wreak havoc on global business operations and supply chains, companies should carefully assess all the various types of insurance coverage that may mitigate corporate losses, say attorneys at Morgan Lewis.

  • Attorneys Should Note Judges' Financial Conflicts Of Interest

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    The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

  • Fission And CHIPS: The Case For Coal-To-Nuclear Transitions

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    With demand for carbon-free baseload electricity growing — even as coal power plant retirements cut baseload capacity — siting nuclear facilities at defunct coal plant locations is an increasingly attractive idea to project sponsors, and the CHIPS and Science Act provides added incentives, says Ryan Lighty at Morgan Lewis.

  • Private Equity M&A Is Awash In Both Challenges And Cash

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    Deal making in private equity is down from last year's record levels amid higher interest rates and inflation, but high cash reserves stand to bolster transactions as automation, renewables and other industries undergoing significant transformation continue to attract attention, say attorneys at White & Case.

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