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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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)
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 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.
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.