Energy

  • April 21, 2017

    Deals Rumor Mill: General Electric, L'Oreal, M1

    A number of companies are battling to buy GE's $3 billion industrial solutions business, the list of suitors vying for L'Oreal's Body Shop business has been whittled down and the three largest investors in Singaporean wireless operator M1 are considering a sale of their combined 61 percent stake.

  • April 21, 2017

    Corps, Dakota Access Try To Nix Cheyenne Sioux Claims

    The U.S. Army Corps of Engineers and Dakota Access LLC each pressed a D.C. federal judge Thursday to toss claims in the Cheyenne River Sioux Tribe's challenge to the Corps' approvals for the Dakota Access pipeline, with the agency saying it didn’t violate any federal trust duty to the tribe.

  • April 21, 2017

    Industry, Climate Groups Push For Carbon Capture Funding

    A coalition of coal industry, labor and climate change groups urged President Donald Trump and congressional leaders Thursday to make carbon capture and sequestration projects part of any broad infrastructure legislative package, as well as to extend federal tax credits for such projects.

  • April 21, 2017

    Kansas Regulators Nix $12.2B Great Plains-Westar Merger

    Kansas utility regulators have rejected Great Plains Energy Inc.'s proposed $12.2 billion acquisition of Westar Energy Inc., saying that Great Plains is overpaying for the utility and taking on too much debt, costs that could ultimately be borne by ratepayers.

  • April 21, 2017

    Co. Wants Partial Award Against Venezuela's Mining Co. OK'd

    A British Virgin Islands raw materials company has urged a Florida federal court to confirm an arbitral award requiring Venezuela's state-owned mining company to post nearly $63 million in security during an ongoing arbitration over iron ore contracts, saying a claim that the parties never agreed to arbitrate doesn’t belong in court.

  • April 21, 2017

    GOP AGs Want Exxon Climate Change Probes Blocked

    Eleven Republican state attorneys general have thrown their weight behind Exxon Mobil's bid to quash investigations by Massachusetts and New York authorities into the company's knowledge of climate change, arguing the probes violate Exxon's free speech rights.

  • April 21, 2017

    Texas Firms Eye Energy Uptick After Weathering Downturn

    Texas law firms felt the sting of the energy downturn along with their clients, but generally weathered the storm without serious harm to their bottom lines because their work is spread across many segments of the industry. Now, there’s an optimism tied to rebounding oil prices, and early 2017 could be one of the busiest terms in recent years, attorneys say.

  • April 21, 2017

    EU Ends Biofuel Price-Fix Case As Benchmark Probe Goes On

    The European Commission closed an investigation into alleged price-fixing by several ethanol companies due to a lack of "community interest," a spokesperson confirmed Thursday, but said a probe into possible industry benchmark manipulation by a trio of ethanol producers is still in progress.

  • April 21, 2017

    Eversheds Sutherland Adds Ex-Dorsey Energy Partner In DC

    Eversheds Sutherland (US) LLP has said it added a former Dorsey & Whitney LLP attorney as a partner in its energy and infrastructure practice group in Washington, D.C.

  • April 21, 2017

    Trump, Calif. Poised For Energy And Climate Policy War

    With President Donald Trump embracing fossil fuels and California going all-in on fighting climate change and promoting clean energy, courtroom clashes between the federal government and the Golden State are inevitable. Here, attorneys identify four potential energy-related battlegrounds to keep an eye on.

  • April 20, 2017

    Ch. 11 Petition Stays Calif. PAGA Claims, 9th Circ. Rules

    A Ninth Circuit panel froze proceedings in an appeal of a Private Attorneys General Act claims denial Thursday, finding that a former employee of drilling company Nabors Drilling USA LP doesn’t merit a governmental unit exception to an automatic bankruptcy stay now than the company has filed for Chapter 11 protection.

  • April 20, 2017

    PetroChina Agrees To Arbitration In $1B Africa Oil Spat

    PetroChina Co. Ltd. and several related entities on Wednesday formally committed to arbitration in a $1 billion African oil contract dispute between the company it bought into and Carlton Energy Group LLC.

  • April 20, 2017

    Kinder Morgan Gets CWA Pipeline Spill Allegations Tossed

    A South Carolina federal judge on Thursday dismissed a suit against a Kinder Morgan Energy Partners LP subsidiary involving a spill of hundreds of thousands of gallons of petroleum products on private property, deciding there wasn’t sufficient evidence to sustain environmental groups’ Clean Water Act claims.

  • April 20, 2017

    Dems Seek Documents On Potential Energy Policy Changes

    Top Democrats on the House Natural Resources Committee asked Interior Secretary Ryan Zinke on Thursday for copies of reports compiled after President Donald Trump ordered the review and possible suspension of regulations that may burden domestic energy development, with the lawmakers citing a need for proper oversight into “potentially massive” policy changes.

  • April 20, 2017

    Renewable Energy Co. Misled Over 2016 Revenues, Suit Says

    A proposed class of Amyris Inc. investors alleged in a California federal suit Thursday that the renewable energy company had failed to tell shareholders it accepted a stake in a company instead of a cash payment, causing it to miss a revenue estimate by $10 million.

  • April 20, 2017

    $20M Panda Temple DIP Short-Circuited By Court, Creditor

    A bankrupt Texas power plant’s $20 million debtor-in-possession loan plan got short-circuited Thursday, after close questioning by a Delaware bankruptcy judge and an accelerated, $5.7 million revenue hedge payment by an investor wary of DIP lender restrictions.

  • April 20, 2017

    Bankruptcy Judge Turns Down SunEdison Discovery Bid

    A New York bankruptcy judge Thursday denied a request by solar power company SunEdison Inc. for a round of discovery to investigate claims that it and its clean energy yieldcos owe $231 million under a 2014 wind energy deal, saying it appeared to be an “end-run” around the discovery process in the state case.

  • April 20, 2017

    Activists Hit BLM Over Energy Leases In Colo. Nat’l Forest

    The Bureau of Land Management on Wednesday was slapped with an environmental suit in Colorado federal court, after the agency extended 25 oil and gas leases in White River National Forest, allegedly putting the land at continued risk of development.

  • April 20, 2017

    Texas Businessman Cuts Deal With SEC Over Oil Well Funds

    A Texas businessman agreed to settle U.S. Securities and Exchange Commission claims he misled investors when raising funds to rework an oil and gas well and misappropriated their cash to gamble, according to documents filed in federal court Wednesday.

  • April 20, 2017

    Baker Donelson Adds Energy Litigator To Houston Office

    Baker Donelson Bearman Caldwell & Berkowitz PC has hired a litigation attorney with extensive experience in the energy sector as a shareholder in its Houston office, where he will be part of the firm’s business litigation group.

Expert Analysis

  • 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.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • NJ Spill Act May Now Include Right To Compel Sampling

    Edward McTiernan

    Confronted with the strict liability scheme under New Jersey's Spill Act, courts in the state have universally required that a contribution plaintiff establish that the defendants are "dischargers" or "in any way responsible" before recognizing contribution claims. But that changed when the Appellate Division announced its decision in Matejek v. Watson earlier this month, say Edward McTiernan and Kerry Dziubek of Arnold & Porter Kaye Scholer LLP.

  • Avoiding Pitfalls Of Corp. Social Responsibility Statements

    Andrew Tulumello

    Over the past few years, a significant number of consumer and investor lawsuits have been filed challenging companies' corporate social responsibility statements. These increasingly popular cases highlight the importance of taking steps to minimize the risk that such statements will result in a lawsuit, say attorneys with Gibson Dunn & Crutcher LLP.

  • Renewable Energy And Tax Reform

    Michael Andrews

    In the coming months, the debate over reforming the nation’s tax code will intensify, and the renewable energy tax provisions — the production tax credit and the investment tax credit — will be at risk of being either scaled back or eliminated altogether. But regardless of Washington politics, renewable energy deployment will likely continue to rise, say Michael Andrews and Brad Thompson of King & Spalding LLP.

  • Outdated Rules Are Holding Back Energy Storage

    Daniel Hagan

    Energy storage — which can act both like a generator, injecting electricity onto the grid, and like a transmitter or distributor, providing frequency response and load management — has massive growth potential in today’s energy markets. But current U.S. market rules and industry practices make it difficult to take full advantage of energy storage, say Daniel Hagan and Jane Rueger of White & Case LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Don't Bet On Unsupported Worldwide Order To Secure Assets

    Lincoln Caylor

    The approach by the English Court of Appeal in Saleh v. U.K. Serious Fraud Office is welcome from an asset-recovery perspective. Parties seeking to freeze or seize assets in a foreign jurisdiction should not be hamstrung by a blindly made order rendered without evidence or argument, says Lincoln Caylor of Bennett Jones LLP.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.