Energy

  • December 21, 2021

    JPMorgan, Traders Finally Get OK On $60M Spoofing Deal

    A New York federal judge gave the first green light to a $60 million settlement between JPMorgan and a class of traders who alleged they were harmed by a yearslong scheme to manipulate precious metals futures.

  • December 21, 2021

    Centrist Dems Want Security-Based Levies Peeled Back

    Fourteen Democratic lawmakers called on the Biden administration to walk back Trump-era national security tariffs Tuesday, arguing the levies imposed against close allies are undermining the White House's goal of tackling Chinese-driven overcapacity.

  • December 21, 2021

    Biggest Environmental Policy Actions Of 2021

    The Biden administration began 2021 with big policy ambitions around climate change and environmental justice, and the White House and federal agencies spent the rest of the year issuing rollbacks of Trump-era regulations they saw as too weak and laying the groundwork for strengthening standards in several areas.

  • December 21, 2021

    Aker BP Buys Lundin's Norwegian Unit To Create $20.4B Biz

    Aker BP ASA has agreed to buy the Norwegian oil and gas unit of Sweden's Lundin Energy AB, in a deal that will result in a single entity with a market capitalization of about $20.4 billion, the companies said Tuesday.

  • December 21, 2021

    Electric Truck Co. Nikola To Pay $125M To End SEC Probe

    Nikola Corp. has reached a $125 million agreement with the U.S. Securities and Exchange Commission to resolve allegations that its embattled former CEO deceived investors about the SPAC-born company's ability to build electric- and hydrogen-powered trucks.

  • December 20, 2021

    ERCOT Objection Delays Energy Co.'s Ch. 11 Confirmation

    Entrust Energy Inc. was forced to delay confirmation of its Chapter 11 plan Monday after failing to resolve an objection to the plan from the Electric Reliability Council of Texas, the state's electric grid operator.

  • December 20, 2021

    WTO Dispute Roundup: US Stands Down In Olive Duty Fight

    In Law360's latest glimpse of the World Trade Organization's Dispute Settlement Body, the U.S. delegation opts not to fight a decision against its duties on Spanish olives, while disputes over government procurement and steel bars move to a more contentious stage.

  • December 20, 2021

    Losing Bidder Says Limetree Reopened Sale On False Premise

    The stalking horse bidder for Limetree Bay Services' Caribbean oil refinery has asked a Texas bankruptcy judge to reject what Limetree says was the top offer for the facility, arguing that the auction had been reopened on false premises and that it actually had made the best bid.

  • December 20, 2021

    DC Circ. Sides With FERC Over Nonprofit's FOIA Suit

    The D.C. Circuit has said the Federal Energy Regulatory Commission need not provide more than the initials and street names of property owners potentially impacted by a now-discontinued pipeline project, rejecting a nonprofit's claims that full names were necessary.

  • December 20, 2021

    EPA To Finalize Stricter Auto Emissions Standards

    The U.S. Environmental Protection Agency announced Monday that it is finalizing bulked-up auto emission standards, touting the new rule as the "most ambitious federal greenhouse gas emissions standards for passenger cars and light trucks ever."

  • December 20, 2021

    10th Circ. Urged To Revive BLM Fracking Permit Challenge

    Environmental groups have urged the Tenth Circuit to bring back their bid to block fracking near archeological and cultural sites in the Mancos Shale, saying the Bureau of Land Management had already decided it would approve hundreds of drilling permits before conducting an environmental review.

  • December 20, 2021

    Enviros Fight Mine Operator's Sanctions Bid In Pollution Row

    Environmentalists suing a Colorado mining company for allegedly polluting a river in the state without a required permit rebutted the company's call for the court to impose sanctions against them, calling the move an "extraordinary" and "premature" maneuver.

  • December 20, 2021

    Lesotho Wants German Co.'s €50M Enforcement Suit Tossed

    Lesotho is fighting against the enforcement of a €50 million ($56.37 million) arbitral award issued to a German renewable energy company it says was the result of an unauthorized contract it knew nothing about until it was too late.

  • December 20, 2021

    Slawson Drilling Suit Should Be Kept Alive, Tribe Says

    A Native American tribe told a North Dakota federal judge to ignore a magistrate judge's recommendation to dismiss its suit challenging government approval of eight drilling sites, arguing a recent Supreme Court ruling is "in tension with" the judge's report.

  • December 20, 2021

    JPMorgan, Wind Farm Debate Definitions In $17M Storm Bill

    JPMorgan Chase Bank NA and a Texas wind farm have filed briefs encouraging a federal judge to grant their dueling motions and end a $17 million dispute over electricity charges stemming from February's winter storm, each asserting that their interpretation of their contract is the correct one.

  • December 20, 2021

    Ex-Yukos Investors Want $50B Russia Award Case To Proceed

    Former Yukos shareholders are pushing a D.C. federal court not to pause litigation to enforce $50 billion in arbitral awards against Russia as they await a ruling from the Netherlands on the awards' validity, saying Russia's sovereign immunity defense must be resolved immediately.

  • December 20, 2021

    WTO Wary Of Omicron As Merchandise Trade Drops

    The World Trade Organization reported Monday that merchandise trade decelerated globally in the third quarter of 2021, citing supply chain disruptions, production input shortages and the emerging omicron variant as contributing factors.

  • December 20, 2021

    1st Circ. Won't Revive Mass. Gas Facility Approval Row

    The First Circuit has backed state Clean Air Act approvals for an Enbridge Inc. unit's proposed natural gas-fired compressor station as a part of a $1 billion pipeline extension, after finding an electric compressor alternative wouldn't be cost-effective.

  • December 20, 2021

    Feds Urge Justices To Rebuff Dakota Access Pipeline Petition

    The federal government has joined several tribes in urging the U.S. Supreme Court not to reconsider a D.C. Circuit decision vacating a key approval for the controversial 1,200-mile Dakota Access oil pipeline, saying the company failed to show any error in the opinion.

  • December 20, 2021

    McGlinchey Picks Up Houston Litigator From Zabel Freeman

    McGlinchey Stafford PLLC recently announced the expansion of its commercial litigation team in Houston with the addition of a litigator who previously represented natural gas utilities at Zabel Freeman.

  • December 20, 2021

    Schumer Vows Vote On BBB Act After Manchin Defection

    Senate Majority Leader Chuck Schumer pledged Monday to bring the Build Back Better Act, a $1.75 trillion social spending bill, to a vote next year after West Virginia Sen. Joe Manchin announced his opposition to the legislation. 

  • December 20, 2021

    CIT Questions Adjustment Denial For Mexican Pipe Imports

    The Court of International Trade faulted the U.S. Department of Commerce for denying an adjustment to anti-dumping duties requested by a Mexican producer of carbon steel pipes and tubes, finding the producer offered quantitative data to support its request.

  • December 17, 2021

    DC Circ. Zaps FERC's OK Of Calif. Grid Operator's Pay Plan

    The D.C. Circuit on Friday vacated FERC's approval of the California grid operator's compensation method for standby power generators that provide capacity, saying FERC didn't explain why a generator that’s already getting paid above the preset rate should get more money.

  • December 17, 2021

    Citgo Blasts Suit Alleging Workers Were Shorted On Benefits

    Citgo Petroleum Corp. wants an Illinois federal court to dismiss a proposed class action alleging workers were shortchanged on retirement benefits, blasting employees' argument that early retirement payouts were low-balled because calculations involved actuarial assumptions alleged to be 50 years out of date.

  • December 17, 2021

    Class Certified In Suit Against FPL Over Irma Power Outages

    A Florida judge certified a class of Florida Power & Light Co. customers Friday who say the utility failed to adequately prepare for hurricanes, despite adding "storm charges" to their bills, and left millions with prolonged power outages after Hurricane Irma.

Expert Analysis

  • Shareholder Ruling Resolves Dual-Natured Claim Uncertainty

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    The recent Delaware ruling in Brookfield v. Rosson, which eliminates the ambiguity surrounding so-called dual-natured direct and derivative claims, eases 15 years of tension around the doctrine and clears a path for corporate deal makers, say attorneys at MoFo.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Opinion

    The DOJ Should Ramp Up FCA Focus In PPP Enforcement

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    The U.S. Department of Justice should utilize qui tam actions more in its Paycheck Projection Program enforcement efforts, both to maintain credibility with whistleblowers and to leverage the False Claims Act's lower burden of proof, which makes settlements easier to reach than criminal convictions, say R. Scott Oswald and Lydia Pappas at the Employment Law Group.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • EU Carbon Border Fee Plan Could Spark Trade Wrangling

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    The Europe-wide carbon border adjustment mechanism that the European Commission recently proposed would affect industries and supply chains around the globe, posing financial and trade-related regulatory and contractual challenges for companies, and possibly leading to disputes at the World Trade Organization, say attorneys at Hogan Lovells.

  • Series

    Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • The Difficult Art Of Advertising Carbon Reductions

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    Advertising carbon emission reductions allows businesses to show their commitment to addressing climate change, but such claims can open companies to legal risk — so it is crucial to accurately quantify the emissions, and verify carbon offsets before purchasing them, say Linda Goldstein and Randal Shaheen at BakerHostetler.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Texas Tax Talk: Alarming Redefinition Of Nontaxable Services

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    In a concerning trend following two rulings from the Texas Comptroller, taxpayers in a variety of industries are facing audits that attempt to reclassify traditionally nontaxable service agreements as taxable equipment rentals, thereby unexpectedly increasing businesses' sales tax exposure, say attorneys at Baker Botts.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Despite Risks, Venezuela May Rekindle Investor Interest

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    Even in the face of stringent international sanctions against Venezuela, and the country's withdrawal from an investor-state dispute convention, hints of thawing relations between the Maduro regime and the U.S. offer hope for investors with a high risk tolerance, say Stephanie Limaco and Leigh Crestohl at Zaiwalla & Co.

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