Energy

  • September 12, 2022

    Vivint Solar Buyers Ink Deal In Predatory Sales Suit

    A class of nearly 1,000 California homeowners who claimed that they were duped by a solar company into entering unfavorable contracts that contained an illegal termination fee provision have reached a settlement agreement.

  • September 12, 2022

    Treasury Offers Maritime Cos. Guidance On Russian Oil Cap

    The U.S. Department of the Treasury has issued high-level overview guidance for maritime service providers to purchase Russian oil at or below a price cap without risking sanctions as part of a multinational effort to keep oil flowing through the global economy while reducing the revenues Russia earns from oil to fuel its war efforts in Ukraine.

  • September 12, 2022

    DOI Told To Revive Solenex Oil Lease After 'Kafkaesque' Delay

    A federal judge in Washington, D.C., has ordered the U.S. Department of the Interior to reinstate a long-obstructed license for oil and natural gas drilling in northwest Montana, finding that the government had no authority to vacate the lease in 2016, more than three decades after it was issued.

  • September 12, 2022

    Ukrainian Oil Co. Targets Gazprom In Gas Transit Fee Fight

    Ukraine's state-owned oil and gas company has initiated arbitration against Gazprom, arguing that the Russian state-owned energy giant must pay for natural gas transit services rendered in Ukraine.

  • September 12, 2022

    MVP: V&E's Kaam Sahely

    Kaam Sahely of Vinson & Elkins LLP's energy practice helped Goldman Sachs Renewable Power split off from Goldman Sachs Asset Management under the new name MN8 Energy and guided Woodside Petroleum Ltd. in the largest energy merger of the year, earning him a spot as one of Law360's 2022 Energy MVPs.

  • September 12, 2022

    GE Eyes Early 2023 Health Care Spinoff, Unveils New Board

    General Electric said Monday that it plans to complete its previously announced health care spinoff in the first week of January, and named a roster of board directors that includes Honeywell's general counsel as well as former Amazon, T. Rowe Price and HP executives.

  • September 09, 2022

    Energy Orgs Say No Place For Green Groups In Oil Lease Row

    A coalition of energy industry groups on Thursday urged the Fifth Circuit to uphold a Louisiana federal judge's decision barring environmental organizations from joining litigation over the U.S. Department of the Interior's failure to hold new oil and gas lease sales.

  • September 09, 2022

    Steelmaker Faces ERISA Suit Over 401(k) Management

    A steel manufacturer allowed its 401(k) plan to be charged exorbitant fees and invest in poorly performing funds, in violation of the Employee Retirement Income Security Act, said a proposed class action suit filed Friday.

  • September 09, 2022

    High Court 'Shadow Docket' Still A Long Shot For Companies

    The U.S. Supreme Court has made frequent use of its "shadow docket" in recent years to decide blockbuster cases on an expedited basis without full briefing or argument, but the justices' recent actions indicate that companies are likely to be disappointed if they look to the docket as a realistic option for streamlining their appeals.

  • September 09, 2022

    3rd Circ. Won't DQ White & Case From Maxus Ch. 11 Case

    A former Sidley Austin LLP attorney who previously represented a party involved in a bankruptcy dispute before switching to White & Case LLP, which represents the opposing party, did not create a conflict meriting disqualification of the latter firm from the case, the Third Circuit ruled in a precedential opinion Friday.

  • September 09, 2022

    Amplify Pays $18M To End Criminal Cases Over Pipeline Spill

    Amplify Energy Corp. will pay $4.9 million in fines and penalties as part of a plea agreement with California over a 2021 offshore oil pipeline leak, a deal struck shortly after the company agreed to pay $13 million to end a federal criminal case.

  • September 09, 2022

    BakerHostetler Adds Litigator From McKool Smith In Houston

    BakerHostetler has bolstered its national litigation practice and energy industry team with a new partner who joined the firm's growing Houston office from McKool Smith.

  • September 09, 2022

    MVP: Latham's Justin T. Stolte

    Justin T. Stolte of Latham & Watkins LLP's energy and infrastructure practice guided Quanta Services through its $2.7 billion purchase of renewable energy infrastructure provider Blattner Energy and led Chevron in its $1.2 billion joint venture with agribusiness company Bunge, earning him a spot as one of Law360's 2022 Energy MVPs.

  • September 09, 2022

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

    The past week in London has seen Pfizer and BioNTech seeking a declaration that their COVID-19 vaccine doesn't infringe CureVac's European patents, Zurich Insurance suing those caught up in a superyacht fire in a limitation of liability claim, and British vodka brand Au Vodka suing its rival in a trademark claim.

  • September 09, 2022

    EU OKs $650M Daimler, BlackRock, NextEra Truck Project

    The European Commission signed off Friday on Daimler Truck AG, BlackRock Financial Management and NextEra Energy's plans to invest $650 million in a joint venture to create a U.S. electric trucking network.

  • September 08, 2022

    Caterpillar Resolves IRS Tax Dispute Without Penalties

    Caterpillar Inc. has reached an agreement with the Internal Revenue Service resolving all the agency's issues with the construction equipment manufacturer's taxes from 2007 through 2016, and it comes at no cost to Caterpillar despite the company previously disclosing it may have to cough up $2 billion.

  • September 08, 2022

    Peru Says Miami Gold Trader's $124M Claim Must Be Tossed

    Peru has urged the International Centre for Settlement of Investment Disputes to dismiss a Miami-based gold processing and trading firm's $124 million arbitration case claiming the country unlawfully seized its gold shipments, telling ICSID that the assets are potentially associated with criminal activity.

  • September 08, 2022

    Power Cos. Blast FERC Role In Power Market Rule Fight

    Independent power producers want the Third Circuit to bar the Federal Energy Regulatory Commission from actively defending a major electricity market change in court, and they claim FERC Chairman Richard Glick abused his authority by trying to wage a defense without support from a majority of the commissioners.  

  • September 08, 2022

    Line 5 Pipeline Can Stay Open For Now, Despite Tribe's Wins

    A Wisconsin federal judge has handed quick wins to a Chippewa tribe on several claims in its challenge to Enbridge Energy Co.'s Line 5 pipeline, but declined to immediately shut down the pipeline because of what the judge called the "significant public and foreign policy implications" of such a move.

  • September 08, 2022

    SEC To Open New Office Scrutinizing Crypto Filings

    The U.S. Securities and Exchange Commission plans to open an office this fall dedicated to reviewing public filings related to crypto assets, a senior official at the agency said Thursday.

  • September 08, 2022

    Idaho Power Co. Will Pay Tribe $545K To End Clean Water Suit

    Idaho Power Co. has agreed to pay $545,000 to the Nez Perce Tribe to settle allegations that the utility illegally discharged oils, grease and other pollutants into the Snake River.

  • September 08, 2022

    Baker Botts Snags Former Perkins Coie Managing Partner

    Baker Botts LLP announced Thursday that Jose C. Villarreal, a former founding managing partner for Perkins Coie LLP's Austin office, will become a partner in its intellectual property practice.

  • September 08, 2022

    White House Office Urges Study Of Crypto's Enviro Impact

    The White House on Thursday called on the federal government to conduct further research on the energy impact of crypto mining and to set new environmental standards for the growing digital asset industry.

  • September 08, 2022

    Fed Gov't Backs Former Helix Worker In High Court OT Fight

    The U.S. departments of Justice and Labor supported a former Helix rig worker in an overtime dispute at the U.S. Supreme Court, telling the justices the energy company cannot claim a federal exemption because it calculated his pay daily.

  • September 08, 2022

    Treasure Hunter's Bid For Coverage Of IP Suit Sunk

    A Washington federal judge ruled that Great American Insurance Co. doesn't have to cover an underlying lawsuit over a treasure hunt for gold lost in a shipwreck in the Edwardian era.

Expert Analysis

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • 'Waters Of US' Meaning May Get 'Major Questions' Scrutiny

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    After the U.S. Supreme Court's invocation of the so-called major questions doctrine in its recent decision in West Virginia v. U.S. Environmental Protection Agency, the court is primed to use this concept to restrict federal wetlands protections under the ambiguous term "waters of the United States," says Peter Alpert at Ropes & Gray.

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • Lessons From FERC New England Capacity Market Settlement

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    The Federal Energy Regulatory Commission's recent enforcement settlement with Salem Harbor Power Development illustrates the consequences for power market participants if they fail to report accurate information to independent system operators and regional transmission organizations, say attorneys at K&L Gates.

  • NY Crypto Moratorium Would Provoke Miner Exodus

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    New York Gov. Kathy Hochul may soon sign a recently passed moratorium on certain methods of crypto mining that rely on fossil fuels, placing pressure on an industry already leading the charge on sustainability and effectively forcing companies to relocate to less restrictive states, thus damaging New York’s economic interests, says John Cahill at Wilson Elser.

  • Opinion

    SEC's Climate Rule Is Compatible With The 1st Amendment

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    Some have argued that the U.S. Securities and Exchange Commission's proposal to require that public companies disclose climate-related risks would violate businesses' First Amendment rights, but the rule is fully consistent with settled constitutional principles, say Rebecca Tushnet at Harvard Law, Ellen Goodman at Rutgers Law and Samara Spence at Democracy Forward.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • Expect New Lifecycle Management Duties For Battery Industry

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    Battery producers, retailers, recyclers and users may all see a substantial change in their obligations in the near future thanks to the federal government's renewed interest in revising regulations and policies for battery lifecycle management and labeling, driven by last year's passage of the Infrastructure Investment and Jobs Act, say attorneys at Sidley.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • Opinion

    How Justices' EPA Ruling Thwarts The Will Of The People

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    By reversing a long-standing presumption in favor of executive branch interpretations of ambiguous statutes, the U.S. Supreme Court's recent ruling limiting the U.S. Environmental Protection Agency's powers to fight climate change blocks the will of the popular majority that elects the president, exacerbating our political system's dysfunction, says Jonathan Martel at Arnold & Porter.

  • A Look At Cybersecurity's Federal Legal Landscape

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    Two recently enacted federal laws are the latest in a series of executive and legislative actions taken over the past year to strengthen cybersecurity resilience, signaling an increasing focus on improving cyber preparedness, enhancing threat monitoring and incident response capabilities, and promoting more coordination among governmental and nongovernmental entities, say Adam Solomon and Anna Chan at Hunton.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • Examining The Antitrust Claims In Texas Pipeline Suit

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    Converge Midstream Partners faces some potential stumbling blocks in its Texas lawsuit over access to Magellan Crude Oil Pipeline's Houston-area distribution system, including Magellan's argument that this antitrust claim is old news, and the possibility of complications involving state regulatory issues, says Brian Robison at Brown Fox.

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Superfund Tax Is Back: Implications For Chemical Industry

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    In light of the Internal Revenue Service's recently issued guidance on the reinstated Superfund tax, manufacturers, producers and importers should review their existing agreements that involve taxable chemicals and substances to determine who will be commercially responsible for the tax, say attorneys at Eversheds Sutherland.

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