• June 23, 2017

    Mayors Say Cities Must Take Lead On Fighting Climate Change

    The spotlight shined hot on climate change Friday as the U.S. Conference of Mayors convened in Miami Beach, with leaders of the nation's cities saying they must take the lead on environmental efforts in the face of federal retreat.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    Texas Justices Split On Deed Interpretation In Royalty Row

    The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.

  • June 23, 2017

    Fitch Says Eased Regs Won't Spur Lasting Energy Boom

    President Donald Trump’s promises to roll back federal environmental regulations are not expected to be a major driver of new oil and gas exploration and production but will more likely spark opposition among state and local regulators that could open companies up to long-term risk, Fitch Ratings has said.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Texas High Court Says Contract Law Rules In Royalty Row

    The Texas Supreme Court ruled unanimously against Samson Exploration LLC on Friday and said the company must pay royalties for a gas well’s production to two pooled units of royalty owners, deciding a lower court was right to assert that contract law governed the overlapping obligation.

  • June 23, 2017

    BNSF Seeks Clarity On Order In Tribe's Oil-Shipping Suit

    BNSF Railway Co. on Thursday asked a Washington federal judge to clarify a recent order disposing of one of the railroad’s defenses in a dispute over the right to ship crude oil across a Native American tribe’s land, saying the order could be read as more expansive than intended.

  • June 23, 2017

    Baker Botts Given Chance To Respond In $50B Yukos Row

    A D.C. federal judge Friday denied a bid by former Yukos Oil Co. shareholders looking to revive $50 billion arbitral awards to issue subpoenas to a Baker Botts partner without giving him a chance to fight them first, though a similar application in California relating to an Armenian attorney passed muster Thursday.

  • June 23, 2017

    Tidewater Confirmation Hearing To Be Delayed 3 Weeks

    A request by a recently formed committee of equity security holders to delay the confirmation hearing in the Chapter 11 case of offshore oil services firm Tidewater Inc. gained court approval Friday in Delaware, allowing the committee nearly three weeks of extra time to do its work.

  • June 23, 2017

    Ex-Lawmaker Cops To Taking Bribes To Fight EPA Cleanup

    A former Alabama state legislator agreed on Thursday to plead guilty to taking bribes from an executive at coal business Drummond Company Inc. and a local lawyer to oppose an Environmental Protection Agency cleanup plan that could cost the company millions.

  • June 23, 2017

    FTC Undertakes Rule Review, Mindful Of Trump’s Mandate

    The Federal Trade Commission on Thursday announced proposed changes to several regulations covering areas as diverse as how televisions are advertised and unwanted email advertising is regulated, with the possible modifications forming part of acting Chair Maureen K. Ohlhausen’s regulatory reform initiative and the commission’s commitment to regularly review regulations.

  • June 23, 2017

    Deals Rumor Mill: Shell, Eddie Bauer, Walmart

    A number of suitors are vying for $1 billion worth of New Zealand energy assets owned by Royal Dutch Shell, private equity-backed Eddie Bauer is mulling a sale, and Walmart is not likely to make a competing offer for Whole Foods despite rumors otherwise.

  • June 23, 2017

    DC Circ. Panel Backs NY In Suit Over Pipeline Permit Delay

    A D.C. Circuit panel on Friday nixed Millennium Pipeline Co.'s suit claiming New York environmental regulators were dragging their feet on issuing a water quality permit for a natural gas pipeline, saying the delay hasn’t cognizably harmed the company.

  • June 23, 2017

    Taxation With Representation: Sullivan, Vinson, Mayer

    In this week’s Taxation With Representation, EQT Corp. buys Rice Energy for $6.7 billion, European telecommunications giant Altice prices the second largest U.S. IPO of 2017, and alcohol maker Diageo plans to pay as much as $1 billion to acquire U.S. tequila brand Casamigos.

  • June 23, 2017

    Call Recipients Say SolarCity Changed TCPA Suit Deal

    A putative class alleging it received unwanted sales calls from SolarCity Corp. in violation of the Telephone Consumer Protection Act on Thursday sought to enforce a settlement term sheet in the case, saying the company has tried to change the deal.

  • June 23, 2017

    Texas Justices Say Noble Can't Ditch $63M Cleanup Indemnity

    The Texas Supreme Court on Friday held Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement that wasn’t disclosed when Noble’s predecessor bought oil and gas assets during a Chapter 11 bankruptcy.

  • June 23, 2017

    Exxon Not Liable For Lost Profits On Canceled Propane Deal

    A Fifth Circuit panel on Thursday agreed with Exxon Mobil that it did not owe damages to an insurance company stemming from losses the insurer had to cover when Exxon halted a propane contract because of a fire at a plant, deciding that the contract’s provisions specifically forbid recovery.

  • June 22, 2017

    Murray Energy Hits John Oliver, HBO With Defamation Suit

    Murray Energy Corp. has lodged a defamation suit against comedian John Oliver in West Virginia state court over an HBO segment lampooning CEO Bob Murray as a “geriatric Dr. Evil,” claiming it wrongly states the cause of a fatal collapse at one of the company's mines. 

  • June 22, 2017

    Puda Coal Investor Wants Receiver After $228M Judgment

    A shareholder in Puda Coal Inc. asked the Delaware Chancery Court on Thursday to appoint a receiver for the defunct China-based company that was recently hit with a $228 million judgment in New York federal court, arguing the company has a history of disregarding court orders.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • 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.