Energy

  • July 8, 2019

    Enviros Say DOI Power Line Review Ignored Whooping Crane

    Environmental groups have alleged in Colorado federal court that the U.S. Department of the Interior ignored the potentially damaging impact a planned 225-mile Nebraska transmission line and new wind turbines would have on the endangered whooping crane.

  • July 8, 2019

    Kazakhstan Can't Beat $84M Asset Freeze In Sweden

    Roughly $84 million of Kazakhstan’s assets in Sweden will remain frozen after a court held that the country isn’t entitled to immunity, marking another win for two Moldovan oil and gas investors seeking to enforce a more than $500 million arbitral award, according to a Monday announcement from the victors.

  • July 8, 2019

    In Their Own Words: 9 Partners On Diversity At Work

    We asked nine law firm partners with diverse backgrounds about times when their race, religion or identity unexpectedly came into play with their work. Here, in front of the camera, they share those stories.

  • July 8, 2019

    The Best Firms For Minority Equity Partners

    Attorneys of color are still hugely underrepresented in firms’ upper echelons, but Law360’s 2019 Diversity Snapshot shows that some are going above and beyond to put partners of color in their top ranks.

  • July 8, 2019

    FERC Says Tribal Org. Can't Challenge Pipeline Project

    The Federal Energy Regulatory Commission has told the D.C. Circuit that the preservation office of a Rhode Island tribe cannot challenge the review process for a Kinder Morgan unit's pipeline expansion project or the denial of its bid to intervene in the proceeding, arguing that the organization lacks standing.

  • July 8, 2019

    Elk Petroleum Nears Deal With Creditors Over Ch. 11 Trustee

    Attorneys for bankrupt oil and gas driller Elk Petroleum Inc. told a Delaware bankruptcy court judge Monday that it was nearing the final terms of a settlement arrangement that would resolve a request from a secured creditor to appoint a Chapter 11 trustee to oversee the debtor's cases.

  • July 8, 2019

    The Biggest M&A Moments Of 2019's First Half

    The first half of 2019 saw deal jumpers, activist challenges and terminations make headlines in the mergers and acquisitions market. Here, Law360 recaps the biggest M&A moments from the last six months.

  • July 8, 2019

    Biggest Enviro Law Rulings So Far In 2019: Midyear Report

    The U.S. Supreme Court made the biggest splash in environmental law during the first half of 2019 when it limited courts' ability to defer to federal agencies' interpretations of their own regulations. Here's a recap of the biggest environment-related court decisions from the first half of the year.

  • July 3, 2019

    Law360’s Diversity Snapshot By The Numbers

    U.S. law firms have been aggressively touting their efforts to advance diversity in their ranks over the past year, but Law360’s annual head count survey shows, at best, incremental progress.

  • July 3, 2019

    Diversity Efforts At Many Firms Ignore Disabled Attorneys

    Data on attorneys with disabilities is scant, but firms with robust outreach programs are discovering just how diverse their ranks are – and can be.

  • July 3, 2019

    The Best Firms For Minority Attorneys

    It’s no secret that the legal industry is one of the least diverse professions in the country. But some law firms have made notable progress. Here are the firms that are making some headway and turning longstanding diversity goals into workplace realities.

  • July 3, 2019

    Despite Progress, Firms Still Slow To Track LGBT Data

    Many law firms are hesitant to ask about attorneys’ sexual orientation, but by not giving lawyers an opportunity to share this information, diversity experts say, firms are selling themselves short.

  • July 5, 2019

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

    The last week in London has seen the former longtime owner of Cardiff's football club sue the team, a Russian bank file fraud charges against the founder of a commercial real estate firm who fled the country and group of insurers file an appeal against France in connection with a massive oil spill. Here, Law360 looks at those and other new claims in the U.K.

  • July 3, 2019

    9th Circ. Cancels Oil Industry Class In Pipeline Spill Suit

    The Ninth Circuit on Wednesday overturned a lower court’s decision to certify a subclass of individuals and businesses in the oil industry harmed economically by the Plains All American Pipeline LP oil spill in 2015, saying the circumstances of the class members were too varied.

  • July 3, 2019

    Latin American Energy Co., Biotech Firm Join IPO Pipeline

    A Mexican oil and gas producer and a Pennsylvania-based biotechnology company have joined the July pipeline for initial public offerings with filings preliminarily totaling $112 million, adding to a wave of companies that could go public later this month.

  • July 3, 2019

    Enviros Slam Oil Co.'s Push To Enforce DOI Lease Revival

    An environmental coalition has asked a D.C. federal court to reject a motion by a Montana oil and gas company that seeks to enforce a reinstated lease to drill on land that a Native American tribe considers to be culturally significant.

  • July 3, 2019

    Hess Says Schlumberger Can't Duck Liability For Bad Valves

    Hess Corp. on Tuesday urged a Texas federal judge to dump Schlumberger Technology Corp.'s claim that it's shielded from liability over defective oil well valves it supplied to Hess, saying the oilfield service giant's indemnification argument “belies common sense.”

  • July 3, 2019

    PG&E Creditors Object To D&O Insurance Purchase

    The unsecured creditors of PG&E want to zap a bid by the bankrupt power utility to pay $50 million to boost its directors and officers insurance, calling it a waste of money that’s premised on an “unlikely parade of horribles” wiping out nearly $500 million in existing coverage.

  • July 3, 2019

    Enviros Sue To Stop Colorado Coal Mine Expansion

    Environmental groups have sued the U.S. Department of the Interior aiming to block a planned expansion of Arch Coal's mine in western Colorado that would allow nearly 18 million more tons of coal to be removed, arguing methane emissions and climate change impacts weren't properly considered.

  • July 3, 2019

    EPA Says Electric Industry Doesn't Need Superfund Safety Net

    The U.S. Environmental Protection Agency has said it's not necessary to force power plants and electricity providers to set aside money to cover pollution cleanups that may result from their operations, finding the risk is low and most facility owners have plenty of funds.

  • July 3, 2019

    The Laterals Audit: Tax Attorney Moves In June

    In the June edition of the Laterals Audit, a former Cadwalader Wickersham & Taft LLP partner joins Gibson Dunn & Crutcher LLP, BakerHostetler hires a former PwC principal to lead its international tax team, and a former General Electric Capital Corp. tax director joins White & Case LLP’s global tax practice.

  • July 3, 2019

    FERC Says Grid Operator Can't Wait To Ditch Exit Fees

    The Federal Energy Regulatory Commission on Tuesday said regional grid operator Southwest Power Pool can't keep using its current method for charging so-called exit fees to members — which include charges that the agency invalidated for being unjust and unreasonable — while it crafts a new fee structure.

  • July 3, 2019

    Brookfield Commits $500M To KKR Solar Energy Joint Venture

    Brookfield Renewable Partners, led by CMS, said Wednesday it will commit roughly $500 million to form a joint venture with KKR, where the companies will split ownership of solar power plant developer and operator X-Elio.

  • July 3, 2019

    6 Biggest Texas Supreme Court Cases Of 2019

    In its 2018-19 term, the Texas Supreme Court issued a seminal ruling on what it takes for attorneys to prove they can recover fees in litigation and implored state lawmakers to do more to curtail prosecutorial misconduct. Here, Law360 highlights some of the biggest decisions the Texas Supreme Court issued this term.

  • July 3, 2019

    3 Biggest Energy M&A Trends In 2019: Midyear Report

    A blockbuster tie-up between Occidental Petroleum Corp. and Anadarko Petroleum Corp. overshadows a tough year for upstream oil and gas dealmaking so far, while midstream and renewable energy markets remain frothy. Here are three energy M&A trends that have stood out to attorneys in the first half of 2019.

Expert Analysis

  • The Art Of Using Preemption To Defend Wage-And-Hour Cases

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    As large-scale cases proliferate under federal and state wage-and-hour laws, there is more and more reason to study preemption as a potential defense, says Michael Giambona of McDermott.

  • Contamination Doesn't Always Justify An Injunction

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    Recent decisions by the Seventh Circuit and Illinois state courts show that defendants can defeat injunction requests related to liability for environmental contamination by proving that the problem has already been addressed, says Thomas Dimond of Ice Miller.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Tribes Well-Equipped To Sue US For Climate-Related Harm

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    While tribes are not currently among the groups testing various legal theories to seek relief from climate change impacts, they may be uniquely positioned to do so thanks to their trust relationship with the U.S., say Rob Roy Smith and Claire Newman of Kilpatrick Townsend.

  • Opinion

    McNamee Should Sit Out FERC 'Grid Resilience' Ruling

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    If Federal Energy Regulatory Commission member Bernard McNamee fails to recuse himself from adjudicating certain issues in the agency's proposed "grid resilience" rulemaking on fuel security, his participation in a final order could have serious consequences, says Richard Drom of Eckert Seamans.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • How Rebuilding America's Infrastructure Is Going So Far

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    Despite piecemeal legislative efforts, little has been done in two years to further President Donald Trump’s promise to rebuild America's crumbling infrastructure — but a federal infrastructure bill may be on the horizon, say attorneys at Jones Day.

  • 4 Common TCPA Risks In Text Message Programs

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    Companies that use text messages to communicate with customers have continued to face a surge of Telephone Consumer Protection Act class actions. Attorneys with Eversheds Sutherland discuss the risks associated with using autodialed text messages and how they can be avoided.

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • 5 Points Of Clarity On Evolving NLRB Doctrines

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    Five new advice memos from the National Labor Relations Board's Office of the General Counsel provide valuable insight into how the agency analyzes unfair labor practice allegations, including application of the board’s Boeing test for evaluating work rules, say attorneys with Dechert.

  • Calif. Regulators Should Account For PFAS Uncertainty

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    Given that California agencies have recognized that they lack sufficient data to draw credible conclusions regarding the health impact of per- and polyfluoroalkyl substances, they should weigh potential costs and benefits before imposing burdensome actions, say attorneys at Alston & Bird.

  • Climate Change And Insurance: Learn From MTBE, Asbestos

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    While climate change litigation is a relatively nascent development, liability insurers have historically faced emerging risks like claims arising from methyl tertiary butyl ether and asbestos. Climate change suits will likely present similar issues, say Kristin Suga Heres and Jeffrey Gordon of Zelle LLP.

  • What The PTAB Precedent Panel Said In Its First Decision

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    While the Patent Trial and Appeal Board's decision in Proppant Express v. Oren — the first use of its Precedential Opinion Panel — provides discretion for the board to authorize same-party joinder and joinder of new issues, it repeatedly describes the discretion as “narrow,” say Michael Hawkins and Stuart Nelson of Fish & Richardson.

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 1

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    The American Bar Association’s antitrust meeting last week featured several sessions with representatives from federal and state antitrust enforcement agencies, and provided signals regarding current and future priorities, say attorneys with Perkins Coie.

  • High Court Extends Reach Of Securities Fraud Rule 10b-5

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    While the U.S. Supreme Court's decision in Lorenzo v. U.S. Securities and Exchange Commission may subject more individuals and entities to claims of securities fraud under SEC Rule 10b-5, it likely will not have a major impact on the kinds of cases the SEC pursues, say attorneys with Morrison & Foerster.

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