• July 13, 2017

    Agencies Missed Substitute To Pa. Pipeline, 3rd Circ. Hears

    The attorney for a Pennsylvania environmental group Thursday pushed the Third Circuit to stop a Kinder Morgan unit's natural gas pipeline project, arguing in separate appeals that the state’s Department of Environmental Protection and the U.S. Army Corps of Engineers both overlooked a viable alternative when issuing permits.

  • July 13, 2017

    CIT OKs Removal Of Duty On Taiwanese Oil Pipes

    The U.S. Court of International Trade on Wednesday approved the government’s move to erase an anti-dumping duty on oil pipes from a Taiwanese company after taking into account rebates paid to its customers.

  • July 12, 2017

    DQ'd Holland & Knight Can Turn Over Bank Files To FDIC

    A New York federal judge rejected a request by ethanol distributor Murex LLC to sharply limit the amount of documents that disqualified lawyers at Holland & Knight LLP could turn over to their successors representing a bank in FDIC receivership, ruling Tuesday that redactions could protect Murex’s secrets.

  • July 12, 2017

    Ace Doesn't Owe For Pipeline Explosion, Calif. Court Says

    A California appeals court handed a win to Ace American Insurance Co. on Tuesday over another insurance provider, ruling that an exclusion in its coverage for "professional services" meant it did not owe millions to reimburse payouts for lawsuits stemming from a deadly Kinder Morgan pipeline explosion.

  • July 12, 2017

    Justice Breyer On Changing His Mind And Sparring With Scalia

    Justice Stephen Breyer discusses the extent to which oral arguments can influence his thinking and recalls his many debates with the late Justice Antonin Scalia, in the second of two articles based on an exclusive interview.

  • July 12, 2017

    Kenyon Trims Most Of Oil Co.'s Patent Malpractice Suit

    Kenyon & Kenyon LLP will have to face a portion of a malpractice suit accusing the firm of failing to pay a patent renewal fee for a client’s oil extraction pump in Saudi Arabia, but a Connecticut federal judge agreed Wednesday to trim some of the client’s claims.

  • July 12, 2017

    Bison May Get A Do-Over In Hunton Malpractice Case

    The New York judge who last year threw out a private equity company’s allegations that Hunton & Williams LLC blew a federal trial and failed to secure an undersized judgment said Bison Capital is likely in line for a re-start in the form of an amended complaint.

  • July 12, 2017

    Dutch Watchdog Probes Potential Marine Fuel Cartel

    The competition and consumer protection watchdog in The Netherlands said Wednesday it has launched an investigation into a possible price-fixing cartel in the market for fuels used to power cargo ships, which may be hurting an important piece of the country’s economy.

  • July 12, 2017

    Dominion Energy Project Threatens Historic Sites, Suit Says

    A national parks conservation nonprofit challenged the Army Corps of Engineers' approval of a proposed 28-mile Dominion Energy transmission line that would cross Virginia's James River near Historic Jamestowne, telling a D.C. federal court Wednesday that the Corps didn't adequately address the project's impacts on historical, cultural and environmental resources.

  • July 14, 2017

    CORRECTED: Pa. Judge Clears Path For Sunoco Eminent Domain Appeal

    A Pennsylvania judge said Wednesday she would not allow Sunoco Inc. to immediately appeal a decision rejecting the company’s efforts to nix a lawsuit challenging its ability to use eminent domain to seize rights-of-way for the controversial Mariner East 2 natural gas pipeline. Correction: A previous version of this article indicated that Sunoco’s bid for an appeal had been denied. The error has been corrected.

  • July 12, 2017

    EFH's Largest Creditor Resists Berkshire Hathaway Bid

    Energy Future Holdings Corp.’s purportedly largest creditor threw down the gauntlet Wednesday, arguing it was kept out of the loop on the proposed sale to Warren Buffet’s Berkshire Hathaway it contends comes with an “unconfirmable” Chapter 11 plan, and pushing its own possible alternative or another marketing process.

  • July 12, 2017

    Sens., Enviros, Tribes Urge DOI To Keep Monuments Intact

    U.S. senators, Native American tribes and environmentalists have urged the U.S. Department of the Interior to preserve dozens of national monuments currently under review following an executive order from President Donald Trump, arguing that millions of Americans object to the review.

  • July 12, 2017

    Reed Smith Snags Former FERC Commissioner

    Reed Smith LLP announced the hiring of a former commissioner of the Federal Energy Regulatory Commission and a former chair of Schiff Hardin’s energy group as partners in the firm’s Washington, D.C., office, adding to its energy and natural resources practice.

  • July 12, 2017

    2nd Circ. Denies BP, Shell's Attempt To Squash MTBE Suit

    A Second Circuit panel on Tuesday rejected requests from Shell Oil Co. and BP Products North America to revisit its decision to revive the Orange County Water District’s claims that oil companies had endangered its water supply by leaking the gasoline additive methyl tertiary-butyl ether.

  • July 12, 2017

    Venezuela Looks To Nix $36M Award After 2nd Circ. Ruling

    Venezuela on Tuesday asked a New York federal judge to toss his order enforcing a $36 million award issued to an oil services company in a dispute over the alleged unlawful seizure of its ships, citing the Second Circuit’s decision axing the affirmation of an award in a separate case.

  • July 12, 2017

    Holland & Knight Adds Finance Partner To Los Angeles Office

    Holland & Knight LLP has nabbed “highly regarded” Blank Rome LLP partner Danielle V. Garcia to serve as a partner in the firm’s financial services practice group in Los Angeles.

  • July 12, 2017

    CST Industries Unsecured Creditors Blast DIP Loan

    The unsecured creditors of defunct storage tank maker CST Industries Holdings Inc. on Tuesday urged a Delaware bankruptcy court not to approve a final, $15 million debtor-in-possession loan, saying it is too expensive and imposes several improper legal burdens on unsecured creditors.

  • July 12, 2017

    Shell Sells $1.23B Irish Gas Venture Stake To Pension Board

    Royal Dutch Shell said Wednesday it will sell its 45 percent interest in the Corrib gas venture located off Ireland for about $1.23 billion to a subsidiary of private investment outfit Canada Pension Plan Investment Board, saying it would get the company out of the upstream business in Ireland.

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    Petrobras Ruling A Mixed Bag For Investors

    The Second Circuit set a particularly high bar for investors bringing securities class actions against foreign companies, decertifying two classes claiming Brazilian oil giant Petrobras concealed a massive bribery scheme, but experts said the news isn’t all bad for plaintiff shareholders as the court also rejected two strict legal standards.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40


    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Opinion

    DOJ Would Strongly Enforce More Russia Sanctions

    Harry Dixon

    The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

  • Series

    FERC At 40: How It Became An Enforcement Agency

    David Applebaum

    Following the Western energy crisis of 2000-2001, the Federal Energy Regulatory Commission transformed itself into a robust enforcement agency. In the coming years, FERC has an opportunity to ensure that its important efforts to deter conduct in violation of federal law do not overregulate or unnecessarily increase market participants’ costs, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • Why High Court Should Find IPR Constitutional

    Kenneth Hairston

    The inter partes review constitutionality case that the U.S. Supreme Court recently agreed to hear is a perfect opportunity for the justices to exercise judicial restraint and indirectly address the public versus private property rights issue as was done in the B&B Hardware trademark case, says Kenneth Hairston, counsel at Fitch Even Tabin & Flannery LLP and a former administrative patent judge.

  • Fix Market Distortions By Putting A Price On Carbon

    Kenneth Grant

    Secretary of Energy Rick Perry has criticized “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.” But the failure to account for the social costs of carbon emissions from fossil fuels is a market distortion that remains unaddressed, say Kenneth Grant and Charles Augustine of Compass Lexecon.

  • Miners Find Themselves In The Spotlight Once Again

    John Tivey

    As mining companies continue on their rapid recovery path from the commodity price downturn, the perceived sins of the past return to haunt management teams soon to be swimming in cash, say John Tivey and Rebecca Campbell of White & Case LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Series

    FERC At 40: Great Cases Make Bad Law

    Andrew Kleit

    Over the four decades of its existence, the Federal Energy Regulatory Commission has at times struggled to respond to new strategies by electric power market participants. Andrew Kleit, professor of energy and environmental economics at Pennsylvania State University, suggests that FERC's branding of certain practices as "manipulation" has been misguided, and may present further problems as markets continue to evolve.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.