• January 12, 2018

    VW, Porsche Cut $235M Canadian Emissions Deal

    Volkswagen Canada, Audi and Porsche have agreed to pay CA$293 million ($235 million) to resolve class claims alleging they rigged vehicles to cheat emissions tests and to end the Competition Bureau’s probe into their marketing practices, tacking millions onto the $25 billion that Volkswagen has already agreed to pay in settlements over its vehicles' emissions, the bureau announced Friday.

  • January 12, 2018

    CSX Overcharged Mich. Utility On Coal Shipments, STB Says

    The Surface Transportation Board determined Thursday that railroad giant CSX Transportation Inc. overcharged Michigan's public utility to ship coal from Chicago, Illinois, to a Michigan generating station, saying CSX will have to pay reparations in a complex rate dispute covering a key freight rail corridor.

  • January 12, 2018

    Researcher Sues EPA For Access To Officials’ Emails

    An environmental researcher and Harvard University librarian on Friday sued the U.S. Environmental Protection Agency, alleging it has improperly withheld emails he requested between Administrator Scott Pruitt and his chief of staff, as well as other employees.

  • January 12, 2018

    Coastal Senators Seek Ban On Drilling In Northeastern US

    A bipartisan congressional delegation representing the northeastern U.S. this week mounted legislative action aiming to shield the nation’s pre-eminent fishing region from a White House plan that would open nearly all American waters to oil and gas drilling next year.

  • January 12, 2018

    Paragon Seeks Sanctions For Meddlesome Equity Holder

    Reorganized debtor Paragon Offshore PLC asked a Delaware judge late Thursday to impose sanctions on a former shareholder of the company for filing motions making the same arguments that have been repeatedly denied by the court and causing the company to incur legal fees.

  • January 12, 2018

    Pa. Court Limits Review Over State's Use Of Gas Lease Funds

    Following a landmark Pennsylvania Supreme Court ruling last year limiting the state’s use of payments from gas leases on public lands, a panel of judges has said that further review in the dispute will not include whether the funds can be put toward a conservation agency’s operating costs.

  • January 12, 2018

    Treasury Lowballed Wind Farm Grants, Fed. Circ. Hears

    The U.S. Department of the Treasury should include a wind farm's tax benefits in its fair market value for the purposes of calculating its Section 1603 energy cash grants, just as mortgage deductions are accounted for in the sales price of a house, an attorney for Alta Wind Energy Center told the Federal Circuit on Friday.

  • January 12, 2018

    Ohio Presses ETP For Info To Thwart Another Pipeline Spill

    The Ohio Environmental Protection Agency asked Energy Transfer Partners LP on Thursday for information about when the pipeline operator will fill a pilot hole that the agency worries could lead to a spill of drilling fluid similar to the one that prompted the state's recent lawsuit.

  • January 12, 2018

    State Objections May Mean Rough Seas For DOI Drilling Plan

    The U.S. Department of the Interior's recently announced plan to open nearly all federal waters to oil and gas drilling was likely to draw legal pushback from coastal states right out of the gate, but critics got added ammunition on Jan. 9 when the Interior secretary declared Florida exempt from the controversial proposal.

  • January 12, 2018

    GOP Enviro Leaders Support Clean Power Plan Rollback

    A group of Senate Republicans told the U.S. Environmental Protection Agency in a letter on Friday that they were on board with the agency’s proposal to repeal the Obama-era Clean Power Plan, saying the plan would be disastrous for American communities and jobs.

  • January 12, 2018

    Don't Miss It: Hot Deals & Firms We're Following This Week

    With so much mergers and acquisitions news this week, you may have missed several deals announced in the last several days helmed by firms such as Latham & Watkins LLP and Hughes Hubbard & Reed LLP. Here, Law360 recaps the ones you may have missed.

  • January 12, 2018

    Fracking Co., Industrial REIT Price IPOs Raising $696M

    Private equity-backed fracking company Liberty Oilfield Services Inc. said Friday it raised $216 million in an upsized initial public offering, preceded Thursday by a $480 million deal from Industrial Logistics Properties Trust, marking the first two IPOs of 2018.

  • January 12, 2018

    3 Firms To Steer IPOs Totaling $2.5B As Deal-Making Resumes

    Three firms will guide initial public offerings projected to surpass $2.5 billion during the week of Jan. 15, led by an estimated $2 billion deal by private equity-backed home security giant ADT Inc., and more issuers are lining up to price sizable offerings in late January.

  • January 12, 2018

    Texas Oil Refinery Must Face Enviros' CAA Emissions Suit

    A Texas federal judge on Thursday refused to dump a suit that alleges Pasadena Refining System Inc. is violating the Clean Air Act by spewing toxic chemicals from its oil refinery, saying the environmental groups that brought the suit have adequately alleged harm from the refinery's emissions.

  • January 12, 2018

    Justices To Hear Patent Case Over Lost Profits Damages

    The U.S. Supreme Court on Friday agreed to review a Federal Circuit decision that wiped out $93 million in lost profits won by Schlumberger Ltd. in a patent case, and to address the rules for patent damages involving actions that take place outside the U.S.

  • January 12, 2018

    7th Circ. Upholds CEO's Conviction In Biodiesel Tax Plot

    The Seventh Circuit on Friday upheld the conviction of the former CEO of an Indiana petroleum company charged in a tax fraud scheme based on the sale of biodiesel, saying prosecutors had more than enough evidence to prove he knew what was going on.

  • January 12, 2018

    Solar Co. Denied Pa. Records In FirstEnergy Payment Dispute

    A Pennsylvania appeals court Friday overturned a determination by the state’s Office of Open Records granting Sunrise Energy LLC access to correspondence between the state’s Public Utilities Commission and FirstEnergy Corp. connected to litigation over an electricity deal between the companies.

  • January 12, 2018

    FERC Tells 2nd Circ. NY Permit Override Was By The Book

    The Federal Energy Regulatory Commission told the Second Circuit on Thursday that its conclusion that New York state waived its permitting authority for a Millennium Pipeline Co. LLC project was based on a plain reading of the Clean Water Act that is backed by decades of agency implementation and congressional intent.

  • January 12, 2018

    Holland & Knight Hires 5 From Jones Day In Mexico City

    Holland & Knight LLP has hired five Jones Day veterans for its Mexico City office in a move that bolsters its roster of attorneys experienced in a wide variety of commercial sectors, the firm announced recently.

  • January 12, 2018

    Fracking Case Now Moot, Ute Indian Tribe Tells 10th Circ.

    The Ute Indian Tribe on Thursday told the Tenth Circuit that an appeal of a lower court order striking down the U.S. Bureau of Land Management's strengthening of regulations for fracking on federal and Native American lands should be tossed, saying the case is moot because the rule at issue has been axed.

Expert Analysis

  • The Science And Controversy Of Offshore Wind

    Brook Detterman

    As the U.S. Bureau of Ocean Energy Management embarks on several studies to better understand offshore resources and species, fishing interests have sued BOEM to challenge not only an offshore wind lease, but the process used to award leases and conduct environmental analysis. The future of offshore wind in the United States may be at stake, says Brook Detterman of Beveridge & Diamond PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • 4th Circ. Deals Blow To Securities Fraud Plaintiffs

    Colby Smith

    By cabining material misrepresentation and scienter within their respective domains, the Fourth Circuit in Maguire Financial v. PowerSecure highlighted the onerous bar securities fraud plaintiffs must meet for their claims to survive dismissal, say attorneys with Debevoise & Plimpton LLP.

  • 10 Things To Know About Native American Policy: Part 2

    Donald Pongrace

    Significant Native American policy developments to pay attention to in the coming months include the future of tribal coal and the next wave of politicians that will leave office in the near future, as well as how their replacements will address Indian Country issues, say attorneys with Akin Gump Strauss Hauer & Feld LLP in the final part of this article.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • FERC Enforcement Report Shows Good Compliance Is Key

    J. Daniel Skees

    Based on the Federal Energy Regulatory Commission's 2017 Report on Enforcement, entities engaged in FERC-jurisdictional markets next year would do well to either refresh stale compliance programs or implement new ones before engaging in activity the commission monitors and investigates, say attorneys with Morgan Lewis & Bockius LLP.