Energy

  • September 01, 2022

    Oil Rig Worker Tells Justices Helix Calculated His Pay Daily

    A former Helix rig worker urged the U.S. Supreme Court to rule that he was entitled to overtime under the Fair Labor Standards Act, arguing that the energy company computed his pay daily and therefore he wasn't a salaried employee.

  • September 01, 2022

    5 Firms Assist As Rio Tinto Inks $3.3B Turquoise Hill Buyout

    Rio Tinto International Holdings Ltd. has reached an agreement to buy the roughly 49% stake in mineral exploration company Turquoise Hill Resources that it does not already own for about $3.3 billion, the companies said Thursday, in a transaction shaped by five law firms.

  • September 01, 2022

    DOJ Moves To Seize Russian Energy Co.'s Boeing 737

    The U.S. Department of Justice obtained a warrant to seize a Boeing 737, allegedly owned by the Russian energy giant Lukoil, on suspicions that the U.S.-built airliner was flown into Russia in violation of U.S. sanctions.

  • September 01, 2022

    Reinsurers Fight GE Arb. Bid In $28M Turbine Damage Dispute

    Several reinsurers urged a Georgia federal court to toss General Electric's bid to arbitrate their $28 million subrogation action over a gas turbine failure at an Algerian power plant, arguing there is no contract between the plant's owner and the energy giant to begin with.

  • September 01, 2022

    Mill Workers Want $13M After Littler Misdeeds Spark Default

    Alabama steel mill workers say they're due more than $13 million from a wage and hour suit after a judge issued a default judgment triggered by misconduct by defense lawyers at Littler Mendelson PC, according to a Wednesday filing.

  • September 01, 2022

    Ga. Governor Extends Gas Tax Suspension Again

    Georgia again extended the state's motor fuel excise tax suspension, by a month, under an executive order signed Thursday by Republican Gov. Brian Kemp.

  • September 01, 2022

    6 Texas Cases To Watch This Fall

    Texas federal courts will review blockbuster free speech cases tackling the state's social media and government contracting laws this fall, while state courts take on weighty energy royalty and settlement credit questions.

  • August 31, 2022

    Circuit Split Clouds Grid Project Construction Fights

    The Fifth Circuit says a Texas law giving incumbent transmission companies the first chance to build new power lines is unconstitutional, throwing into question similar policies in other states that have emerged as flashpoints in fights over grid expansion.

  • August 31, 2022

    Canada's Treaty Move Doesn't Impact Line 5 Suit, Tribe Says

    The Bad River Band has told a Wisconsin federal judge that Canada's recent start of treaty negotiations with the U.S. to try to maintain Enbridge Energy Co.'s Line 5 pipeline "changes nothing" about the tribe's suit to block it.

  • August 31, 2022

    5th Circ. Hears Groups' Challenge To Texas LNG Project

    A Fifth Circuit panel questioned Wednesday whether they should consider the worst-case scenario environmental impacts of a proposed multibillion-dollar liquefied natural gas export terminal and pipeline project in south Texas as the court reviews a challenged permit.

  • August 31, 2022

    Marine Construction Co. Liable For Barge Damage, Not Insurer

    A marine construction company owes roughly $262,000 to two different entities under a chartering agreement after it damaged an oil and construction barge, a Louisiana federal judge ruled following a bench trial, clearing the company's surety insurer of any liability.

  • August 31, 2022

    Tribes Need Full List Of Economic Aid Programs, GAO Says

    Federal researchers say the U.S. Department of Commerce should publish and maintain a list of government-backed initiatives meant to advance Native tribes' economies, one of several recommendations from a new study that found such aid is fragmented across several agencies.

  • August 31, 2022

    5th Circ. Upholds Oil Employment Site's $3M Trade Secret Win

    The Fifth Circuit has affirmed a Texas federal judge's signoff of a jury verdict awarding oil industry employment website Rigzone.com $3 million in damages after finding that its creator, David Kent, stole its trade secrets to launch a competing website, Oilpro.

  • August 31, 2022

    Tax Pros Hope Energy Tax Payments Can Avoid Past Flaws

    Democrats' recently passed tax and climate law provides new ways for clean energy project owners to monetize new or expanded tax credits, and practitioners hope the methods can avoid the pitfalls of an expired renewable energy grant program.

  • August 31, 2022

    Gov't Contracts Of The Month: Space Computers And F-35s

    August saw NASA advance efforts to create a space computer that can support extraplanetary travels and the U.S. Department of Defense purchase a $7.7 billion tranche of F-35 fighter jets. These are Law360's top government contracts for August 2022. 

  • August 31, 2022

    Sugar Co. Can't Tie $291M Cuban Port Case To Florida

    A magistrate judge has found a Florida federal court isn't the place to settle a sugar company's claim that a Chinese company owes it $291 million for using a Cuban port it once owned to transport equipment for a major wind turbine project.

  • August 31, 2022

    BP Retirees Tell 5th Circ. To Allow Intervention In ERISA Row

    A group of BP retirees urged the Fifth Circuit on Wednesday to reverse a lower court's ruling barring intervention in a long-running Employee Retirement Income Security Act lawsuit against BP North America and its retirement plan, arguing a recently certified class with no opt-out rights couldn't adequately represent their claims.

  • August 31, 2022

    3rd Circ. Rules ABC Test Should Be Used In Race Bias Suit

    The Third Circuit partially revived a Black former warehouse stock associate's race bias suit against a nuclear power company and employment contractor, saying a lower court should have applied New Jersey's standard of review to determine if the ex-worker is considered an independent contractor.

  • August 30, 2022

    Split 5th Circ. Backs $14M Air Pollution Fine For ExxonMobil

    A split Fifth Circuit panel on Tuesday upheld a $14 million penalty against ExxonMobil Corp. for air pollution violations at a Texas refining and chemical complex, with the majority finding that a Texas federal court's penalty determination was "well within its wide discretion."

  • August 30, 2022

    DC Circ. Won't Sink Gulf Oil Leases Despite Flawed Review

    The D.C. Circuit on Tuesday said the U.S. Department of the Interior needs to more closely examine oil spills and other safety risks from auctioning off swaths of the Gulf of Mexico for offshore drilling, but rejected environmentalists' calls to throw out the leases stemming from that auction.

  • August 30, 2022

    6th Circ. Says Thin Briefing Tanked Power Co.'s ERISA Appeal

    The Sixth Circuit on Tuesday backed the dismissal of a benefits lawsuit brought by an American Electric Power Co. subsidiary seeking settlement proceeds from a wrongful death suit involving an employee's son who was insured by the company's health plan, holding that inadequate briefing sank its appeal.

  • August 30, 2022

    Texas Court Affirms $2.7M Trial Victory For Fired City Staffers

    A Texas city must pay a $2.7 million jury verdict for violating state whistleblower laws by firing two employees after they reported that a city council member gave confidential information on a proposed gas-fired power plant to the press, a Texas appellate court affirmed.

  • August 30, 2022

    3 SPAC Mergers Unveiled Despite Harsh Market Conditions

    Businesses spanning the renewable energy, semiconductor, life insurance and asset management industries unveiled plans Tuesday to go public through three mergers with special-purpose acquisition companies, hoping to overcome tough market conditions under guidance from at least six law firms.

  • August 30, 2022

    Split 9th Circ. Reverses PG&E Ch. 11 Interest Rate Rulings

    The Ninth Circuit has reversed two lower courts with a split decision finding that the trade creditors in California utility Pacific Gas and Electric's Chapter 11 case should have been granted a higher rate of post-bankruptcy interest on their claims.

  • August 30, 2022

    Sunoco Asks Justices To Stall $155M Payout To Well Owners

    Sunoco has filed an emergency request with the U.S. Supreme Court to put brakes on attempts to pay out a $155 million judgment to oil well owners over late royalty payments, claiming the Tenth Circuit has put it in an "impossible position" by disregarding basic jurisdictional rules.

Expert Analysis

  • Texas Infrastructure Act And Renewables Projects: 1 Year In

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    A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

  • DOT Standards For EV Chargers Address Key Public Concerns

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    The U.S. Department of Transportation's recently proposed standards for public electric vehicle charging infrastructure reflect the Biden administration's continued effort to encourage EV deployment in the U.S. markets — and speak to some of the most important concerns of EV consumers relating to charging, say Levi McAllister and Maggie Curran at Morgan Lewis.

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

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    In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

  • An Early Step Toward Regulation Of Carbon Offset Market

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    A recent convening held by the Commodity Futures Trading Commission highlighted a need for greater transparency in voluntary carbon markets and for standardization of what constitutes a good or high-quality carbon offset, as well as the CFTC's potential role in regulating the market, say Levi McAllister and Pamela Tsang Wu at Morgan Lewis.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • EU Hydrogen Plans: Infrastructure And Regulatory Challenges

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    As interest grows in hydrogen import and distribution infrastructure in the European Union, project developers and potential end users need to evaluate possible midstream bottlenecks, and track the EU's evolving hydrogen regulatory framework, say Dan Feldman and Natalya Pilbeam at Shearman.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

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