• March 23, 2017

    Biodiesel Cos. Say Argentina, Indonesia Undercutting Market

    U.S. biodiesel producers accused Argentina and Indonesia Thursday of violating trade laws through government subsidies and dumping practices that have allegedly fueled a surge in biodiesel imports since 2014 and cut into domestic producers’ market share.

  • March 23, 2017

    Split Del. High Court Upholds ETE's Williams Merger Exit

    In a rare split decision, Delaware's Supreme Court on Thursday rejected a bid by The Williams Cos. to salvage what was once a $38 billion merger with Energy Transfer Equity, despite evidence favoring claims that ETE had breached a duty to make all commercially reasonable efforts to close.

  • March 23, 2017

    High Court Shouldn’t Delay Water Rule Suit, 7 States Say

    New York, six other states and Washington, D.C., have asked the U.S. Supreme Court not to pause an appeal of the Sixth Circuit’s decision that it has jurisdiction to hear challenges to the so-called Waters of the United States rule, arguing that despite President Donald Trump’s executive order to revise or rescind the measure, the case should proceed through the courts.

  • March 23, 2017

    Siemens Accuses Power Plant Co. Of Trade Secrets Theft

    Siemens Energy Inc. sued Alin Machining Company in Florida federal court Thursday, alleging the power plant parts and services provider breached a confidentiality agreement and stole its trade secrets in order to make and sell knockoff replacement parts for Siemens’ energy turbines.

  • March 23, 2017

    Clayton Hit With Shareholder Suit Over $2.7B Noble Merger

    Clayton Williams Energy Inc. shareholders sued the company in Delaware federal court on Wednesday to block progress on a $2.7 billion acquisition by Noble Energy Inc. that they say cheats shareholders of the chance to assess whether they're getting a fair share in the company's meteoric recent success.

  • March 23, 2017

    Lawyers Rip White House For Intervening In Dumping Review

    Lawyers involved in an anti-dumping duty review of Korean oil piping materials blasted the National Trade Council head Peter K. Navarro for allegedly applying White House political pressure and faulty logic to a U.S. Department of Commerce dumping margin review.

  • March 23, 2017

    Dominion Violated CWA With Coal Ash Arsenic, Judge Says

    A Virginia federal judge said Thursday that Dominion Virginia Power violated the Clean Water Act by letting arsenic from coal ash waste seep into groundwater, but declined to impose a civil penalty, opting instead to order the company to conduct monitoring in affected areas.

  • March 23, 2017

    East Texas Mineral Deed Gets Scrutiny From Texas High Court

    In a case asking the Texas Supreme Court to reinstate a trial judge’s order enforcing two deeds that convey the seller’s entire oil and gas holdings in an East Texas county, the judges on Thursday heard conflicting arguments about whether the deed itself is ambiguous.

  • March 23, 2017

    Del. Justices Uphold Chancery Toss Of $3B C&J Merger Suit

    The Delaware Supreme Court on Thursday upheld the Chancery Court's decision to throw out a shareholder lawsuit challenging C&J Energy Services Inc.'s $2.9 billion merger with Nabors Industries Ltd., ruling that despite the stockholders' "far better" arguments on appeal, they still hadn't convinced the panel to reverse.

  • March 23, 2017

    Private Equity Co. Wants Quick Win Against $89M IP Suit

    Energy companies locked in a battle over patent licensing for an energy catalyzer filed dueling motions for summary judgment in Florida federal court this week, with the patent owner insisting it has a right to enforce its contract and the licensees saying the device didn’t perform as promised.

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

  • March 23, 2017

    Texas Court Nixes BNSF Bid To Strike Oil Beneath Tracks

    A Texas appeals court on Wednesday upheld a lower court ruling that BNSF Railway Co. wasn't entitled to oil found on land beneath its railroad tracks, concluding that the terms of a 1903 deed struck between the railroad and landowners only entitled BNSF to an easement on the property's surface.

  • March 23, 2017

    Ga. Updating Coal Plant Permits To End Enviros' Suit

    Environmental groups on Wednesday temporarily dropped their suit accusing Georgia environmental regulators of dragging their feet in updating long-expired wastewater discharge pollution permits for five coal-fired power plants owned by utility giant Southern Co., citing the regulators' moves toward issuing new permits.

  • March 23, 2017

    3 Face Wire Fraud Charges In $30M Stock Scheme

    The U.S. attorney’s office in Minnesota on Wednesday filed multicount indictments against the founder of Dakota Plains Inc. and two others alleging they committed wire fraud by participating in a complex stock manipulation scheme that cost the company more than $30 million in fraudulent bonus payments.

  • March 23, 2017

    LNG Supplier Says Tribunal Ignored Nothing In Contract Row

    A Trinidadian liquefied natural gas supplier told a New York federal judge Tuesday that it prevailed in arbitration with a Spanish customer fair and square, blasting the customer's assertions of an improper burden of proof imposed by the international tribunal and pushing for award confirmation.

  • March 22, 2017

    Jury Awards Calif. Mining Families $100M For County's Plot

    A California federal jury on Tuesday awarded two gravel mining families over $100 million on their claims that Sacramento County officials violated their constitutional rights by maliciously forcing them out of business to aid mining rival Teichert Construction.

  • March 22, 2017

    Exxon Ordered To Turn Over Execs' Climate Change Docs

    The New York judge overseeing a climate change-related probe of Exxon Mobil Corp. on Wednesday ordered the oil giant to produce documents from top executives to the New York attorney general by the end of the month, and directed further talks about recovering missing emails from an alias account of its recently departed CEO, Secretary of State Rex Tillerson.

  • March 22, 2017

    Pa. Court Again Says Tax Sale's 'Mineral' Rights Include Gas

    Coming down almost exactly where it did in December, a Pennsylvania appeals court issued its second decision in a gas-rights case finding that a 1932 tax sale of subsurface mineral rights encompassed the sale of oil and gas rights, handing a win to exploration company Range Resources.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

Expert Analysis

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • MLP Agreement Lessons From Delaware High Court

    Matthew J. O’Toole

    Three Delaware Supreme Court decisions over the last year illustrate that the Delaware Revised Uniform Limited Partnership Act provides a master limited partnership sponsor and its counsel substantial flexibility to privately order the affairs of an MLP. The contractual freedom is subject, however, to the limited application of the implied covenant of good faith and fair dealing, say attorneys with Potter Anderson & Corroon LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • The Corwin 'Cleansing' Continues

    Warren S. de Wied

    The recent dismissal of a challenge to Columbia Pipeline's spinoff and sale is now the fifth in a series of Delaware decisions interpreting Corwin as permitting “cleansing” of a transaction even when the approving directors allegedly had not been independent. Notably, Columbia Pipeline involved a more “vivid” conflict-of-interest issue than the previous cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.