Energy

  • September 05, 2019

    FERC Urges High Court To Pass On NC Pipeline Rate Fight

    The Federal Energy Regulatory Commission told the U.S. Supreme Court on Wednesday that North Carolina utility regulators can't use a landmark climate change decision to keep alive a challenge to rates approved by FERC when it greenlighted three gas pipeline projects.

  • September 05, 2019

    Trader Hits ADM With Ethanol Derivatives Manipulation Suit

    U.S. ethanol producer Archer Daniels Midland Co. manipulated a key ethanol benchmark price, costing traders hundreds of millions of dollars and shorting Swiss company AOT Holding at least $5 million, the trader said Wednesday in a proposed class action in Illinois federal court.

  • September 05, 2019

    US Solar Developer Receives $100M From Crayhill Capital

    Alternative asset management firm Crayhill Capital Management LP has agreed to provide U.S. solar project developer Urban Grid Solar with as much as $100 million in financing, the companies said Thursday.

  • September 05, 2019

    Italian Shipping Co. Hit With $4M Penalty For Oil Dump

    A New Jersey federal judge on Thursday ordered an Italian shipping company to pay a $4 million penalty and serve four years of probation for dumping oily waste and other pollutants from a tanker into the ocean and trying to hide its misconduct from the U.S. Coast Guard.

  • September 05, 2019

    Enviros Drop High Court Groundwater Case After Settlement

    Environmental groups on Wednesday asked the U.S. Supreme Court to dismiss their challenge to the Sixth Circuit's finding that the Clean Water Act doesn't cover pollution that travels through groundwater, saying the Tennessee Valley Authority will clean up the coal ash ponds at the center of the dispute.

  • September 04, 2019

    First Nations Tout Plus Side Of Enbridge Pipeline To US Tribes

    Leaders of indigenous First Nations in Canada have urged tribes in the U.S. to weigh the benefits of Enbridge Energy LP's controversial Line 3 oil pipeline project, saying that the First Nations had reaped millions of dollars of investment while working with the company to protect the environment.

  • September 04, 2019

    5th Circ. Backs Shell In $1.5M Cross-Border Severance Scuffle

    The Fifth Circuit on Wednesday shot down an attempt by a former Shell employee who was based in India but worked in Texas to collect $1.5 million in severance pay, saying his reliance on Indian laws to come up with payment request left the court confused.

  • September 04, 2019

    Enviros Say Federal Coal Mining Guidance Violates ESA

    The Center for Biological Diversity and other environmental groups accused the federal government on Wednesday of relying on old, refuted science to support issuing coal mining permits in Appalachia despite the alleged harm such activity causes to animals protected under the Endangered Species Act.

  • September 04, 2019

    Shell, Exxon Units Can't Get $2.7B Nigeria Award Enforced

    A New York federal judge declined Wednesday to enforce an annulled $2.7 billion arbitral award against Nigeria's state-owned oil company, dealing a blow to units of ExxonMobil Corp. and Royal Dutch Shell PLC that had won the sum following a dispute over a deepwater drilling deal.

  • September 04, 2019

    Oil Bankruptcy Fights Loom As Prime Lenders Get Squeezed

    The latest bankruptcy wave hitting the U.S. oil patch has experts bracing for longer and nastier court battles fueled by depressed asset values starting to bite banks and other first-lien lenders, which could increasingly leave junior and unsecured creditors empty-handed.

  • September 04, 2019

    WesternGeco's $93M IP Win Going Back On Trial

    Ion Geophysical Corp. may not be stuck with a $93.4 million bill for infringing largely invalidated claims from WesternGeco LLC's oil exploration patents, after a Texas federal judge ordered a redo on the 2012 verdict.

  • September 04, 2019

    EQT Settles Trade Secrets Claim With Ex-Employee

    Oil and gas exploration company EQT Corp. has closed its federal case against an ex-employee accused of stealing trade secrets, months after the dissident stockholder he allegedly leaked information to took control of the company. But a similar Pennsylvania state court case against another employee is still pending.

  • September 04, 2019

    Feds Slam Enviros' Atty Fees Bid In Offshore Permit Case

    The Environmental Defense Center and another group that successfully blocked fracking permits for offshore California are prematurely seeking attorney fees, inflating their billing, and seeking reimbursement for matters on which they lost, the federal government told a California federal court.

  • September 04, 2019

    Sen. Warren Would Fuel Green Energy Plan With Tax Breaks

    New green energy tax credits would be created and existing incentives would be expanded to achieve energy efficiency goals set forth in a climate change plan recently released by Sen. Elizabeth Warren, D-Mass.

  • September 04, 2019

    ABB Suit Shows Danger Of 'Scorched Earth' Approach

    A 13-year court battle between ABB Inc. and its workers produced the first-ever trial in a suit challenging 401(k) plan fees, one of the largest settlements in these cases and a cautionary tale for employers about taking a “scorched earth” approach to fighting benefits litigation.

  • September 03, 2019

    Pipeline Co. Owes Natural Gas Supplier $5.6M For Broken Deal

    A Texas judge has awarded natural gas supplier Rainbow Energy Marketing Corp. more than $5.6 million after a bench trial from earlier this year determined that another company had breached its agreement to let Rainbow access its pipeline

  • September 03, 2019

    Tribe, Enviros Want Calif. Geothermal Lease Suit Preserved

    A California tribe and three environmental groups have urged a federal judge not to dismiss their suit accusing the Bureau of Land Management of improperly allowing Calpine Corp. to continue holding a geothermal lease on land sacred to the tribe, saying the suit presents much different claims from earlier challenges to leases in the same area.

  • September 03, 2019

    Bid To Enforce €101M Spain Award Paused In Australia

    An Australian judge has paused proceedings initiated by European investors to enforce a €101 million ($110.8 million) arbitral award against Spain following a dispute over renewable energy investment incentives while the country's bid to nix the award remains pending.

  • September 03, 2019

    Pueblo Of Jemez's Suit Over National Park Land Tossed

    A New Mexico federal judge on Saturday tossed the Pueblo of Jemez tribe's suit seeking to establish its aboriginal right to land within the Valles Caldera National Preserve, handing a win to the federal government and a utility company.

  • September 03, 2019

    Renewable Energy Co. Says Latest Derivative Suit Falls Short

    The directors of renewable energy company Amyris Inc. have claimed that the latest derivative action brought by shareholder Wayne Bonner in California federal court should — like his first two complaints — be dismissed.

  • September 03, 2019

    SCANA Dodges Investor Suit Over Failed $9B Nuke Plant

    A SCANA Corp. shareholder suit stemming from problems with the company's $9 billion nuclear reactor project can't proceed, a South Carolina federal judge ruled Tuesday, saying the company's recent merger blocks the claims.

  • September 03, 2019

    Crescent Point Energy Sells Assets In US, Canada for $684M

    Calgary-based Crescent Point Energy Corp. said Tuesday that it has agreed to sell its entire Uinta Basin asset along with some conventional assets in southeast Saskatchewan for a combined CA$912 million ($684 million) in cash — bringing its total asset sales this year to CA$975 million.

  • September 03, 2019

    Concho Eyes Paring Debt, Stock Buyback With $925M Sale

    Permian Basin driller Concho Resources Inc. on Tuesday said it is selling New Mexico drilling properties to a partnership backed by KKR for $925 million and will use the money to pay down debt and kick-start a $1.5 billion stock repurchase program.

  • September 03, 2019

    Greenwave Wants $250M For Opportunity Zone Fund

    Greenwave Opportunity Fund said Tuesday it is targeting $250 million for a fund to invest in and snap up venture capital-backed clean energy projects with a focus on real estate, energy and water.

  • September 03, 2019

    3 Firms Assist On $2.9B Deal For Contracting Co. APi Group

    Special purpose acquisition company J2 Acquisition said Tuesday it will pay roughly $2.9 billion for APi Group, which owns contracting businesses that provide services in industries including energy and construction, in a deal guided by Greenberg Traurig, Faegre Baker and Fredrikson Byron. 

Expert Analysis

  • 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.

  • Patent Trends In The Expanding World Of Blockchain

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    The broadening implementation of blockchain technology across many industries means that even practitioners who do not handle fintech-sector patent filings should familiarize themselves with blockchain in order to help clients identify and capture related innovations, says Allison Gaul of Kilpatrick Townsend.

  • Recent Tax Equity Rulings And The Renewable Energy Sector

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    While mirror Federal Claims Court decisions last week in the Bishop Hill Energy and California Ridge Wind Energy cases were favorable for the renewable energy industry, companies seeking project development grants from the U.S. Department of the Treasury may want to reconsider some of their practices, say David Burton and Keith Martin from Norton Rose.

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