• August 16, 2017

    10th Circ. Stays Firm On Mootness Of Lease Appeal

    The Tenth Circuit stayed firm Tuesday in its conclusion that an appeal in a dispute over the Bureau of Indian Affairs’ approval of an oil and gas lease and drilling permits between an Osage Nation council and Chaparral Energy LLC is moot.

  • August 16, 2017

    Occidental Fights Landowner Cert Bid In Sinkhole Class Action

    Occidental Chemical Corp. asked a Louisiana federal judge on Tuesday to block a bid for class certification by landowners suing over a massive sinkhole that opened near the underground operations of Texas Brine Co., saying proposed class members are not bound by a common issue.

  • August 16, 2017

    Hedge Fund Elliott Settles With AkzoNobel, Ups BHP Stake

    Activist hedge fund Elliott Advisors on Wednesday settled its battle with AkzoNobel stemming from the Dutch coatings and chemicals company’s rejection of a €26.9 billion buyout offer, the same day it also upped its stake in mining and petroleum giant BHP Billiton as part of an ongoing push to sell underperforming assets.

  • August 16, 2017

    $400M Petrobras Row Must Be Arbitrated: Marine Chain Co.

    A Spanish marine chain manufacturer urged a Texas federal court on Tuesday to pause for arbitration a $400 million lawsuit initiated by Petrobras America Inc. and its insurers over an allegedly defective component in Petrobras’ offshore oil and gas operations, saying things have changed since the court refused a similar bid.

  • August 16, 2017

    Solar Co. Yingli Wins Dismissal From Securities Fraud Suit

    A California federal judge on Tuesday dismissed solar company Yingli Green Energy Holding Co. from a securities fraud case brought by investors that accused the company of making false public statements about a Chinese government program and its debt, deciding there weren’t sufficient facts to sustain the suit.

  • August 16, 2017

    Chinese Solar Cell Maker Sues Commerce Over Subsidy Duty

    Two units of Chinese manufacturer BYD Co. Ltd. sued the U.S. Department of Commerce in the U.S. Court of International Trade on Monday, alleging flawed methodology in a review of photovoltaic cells from China factored into a 17.5 percent subsidy duty.

  • August 16, 2017

    Exxon, Shell Info Bid Stays Mostly Intact In $1.8B Award Row

    A Manhattan federal judge on Tuesday rejected most of the objections lodged by Nigeria’s central bank against a request from Exxon Mobil Corp. and Royal Dutch Shell PLC subsidiaries to access information on foreign accounts in their efforts to enforce a $1.8 billion arbitration award against the country’s state-owned oil company.

  • August 16, 2017

    Govt. Is Owner In Navajo Land Uranium Cleanup Suit: Judge

    An Arizona federal judge on Tuesday ruled that the federal government qualifies under environmental cleanup law as an owner of more than a dozen old uranium sites on Navajo Nation land and could be liable for cleaning up the area.

  • August 16, 2017

    Crystallex Wants Venezuelan Co. Shares Taken For $1.2B Award

    Canadian mining company Crystallex International Co. has sought to block Venezuela from escaping a $1.2 billion arbitration award over a canceled mining contract, asking a Delaware federal court Monday to seize shares of a U.S. corporation owned by a Venezuelan state-run oil company.

  • August 15, 2017

    Shareholder Suit Over SolarCity Stock Drop Tossed

    A California federal judge has dismissed a proposed class action accusing SolarCity Corp. of lying to investors about its finances as demand for solar power waned in 2015, finding that the shareholders failed to point to statements by the company and its executives that violated the Securities and Exchange Act.

  • August 15, 2017

    3rd Circ. Says NRC's Rules Trump ADA In Worker Firing Suit

    The Third Circuit on Tuesday said Pennsylvania Power & Light Co. did not violate the Americans with Disabilities Act by firing a security officer at a nuclear power plant who purportedly grappled with mental health issues and alcoholism, finding the move protected under U.S. Nuclear Regulatory Commission guidelines.

  • August 15, 2017

    Energy Litigation Team Joins Shackelford Bowen In Dallas

    Shackelford Bowen McKinley & Norton LLP announced Monday it had picked up an experienced trial lawyer and his team to help boost the firm’s energy litigation practice.

  • August 15, 2017

    DC Circ. Tosses Sierra Club's Freeport LNG Export Fight

    The D.C. Circuit on Tuesday rejected the Sierra Club’s challenge to the U.S. Department of Energy’s decision to give Freeport LNG Expansion LP the green light to export liquefied natural gas from a Texas-based facility.

  • August 15, 2017

    Slawson Exploration Gets OK To Drill During Tribal Row

    A federal judge gave Slawson Exploration Co. Inc. the green light Tuesday to continue drilling operations in North Dakota while the Interior Board of Land Appeals hears a challenge by the Mandan, Hidatsa & Arikara Nation.

  • August 15, 2017

    Statoil, Chief Counsel Face Sanctions Bid From Former Exec

    A former Statoil unit chief technology officer entered an emergency bid for sanctions against the energy company and its chief counsel on Tuesday, alleging that the chief counsel violated federal law and the Texas Disciplinary Rules of Professional Conduct when he agreed to pay a corporate representative $250 an hour to testify.

  • August 15, 2017

    Polsinelli Picks Up Texas-Based Bankruptcy Shareholder

    Polsinelli PC announced it has hired a former K&L Gates LLP bankruptcy and financial restructuring attorney with experience in the energy and health care sectors as a shareholder in Texas.

  • August 15, 2017

    Investors Still Can't Look To Enforce $506M Kazakhstan Award

    A D.C. federal judge on Tuesday declined to unpause a suit filed by two Moldovan oil and gas investors who are trying to collect a $506 million arbitral award against Kazakhstan, saying while she recognizes their “frustration,” the country’s related case in a Swedish court must play out first.

  • August 15, 2017

    Linde, Praxair Kick Off Tender Period Under FTC Scrutiny

    The tender offer period for Germany-based Linde AG’s portion of an all-stock merger with Connecticut-based Praxair Inc. launched on Tuesday, as the companies face scrutiny from the U.S. Federal Trade Commission over their plans to create an industrial gas giant worth $70 billion.

  • August 15, 2017

    EPA Must Exempt Wyo. Refineries From Biofuel Rules

    The Tenth Circuit on Tuesday reversed an EPA decision that refused to give two small refineries an exemption to the Renewable Fuel Standards portion of the Clean Air Act, saying the agency exceeded its authority by using an extreme definition of when oil operations can skip the fuel requirements.

  • August 15, 2017

    Pa. Court Favors Enviros In Fight Over Consol Coal Mine

    The Pennsylvania Environmental Hearing Board on Tuesday delivered a victory to environmental groups challenging Consol Energy Inc.'s expansion of the largest underground coal mining operation in North America, rejecting a revised permit that allowed the company to damage a nearby stream.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A Closer Look At EPA's Approach To CPP Rollback

    Paul Tanaka

    While the U.S. Environmental Protection Agency has taken steps toward withdrawing the Clean Power Plan, the question remains whether and how the EPA will regulate carbon dioxide emissions from power plants in its place. Attorneys with Kirkland & Ellis LLP discuss various options and their potential impact.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • A Summer Update On FCPA: Part 1

    Michael Skopets

    July produced a small uptick in Foreign Corrupt Practices Act enforcement resolutions, including a U.S. Securities and Exchange Commission settlement with Halliburton — the first corporate disposition entered into by the Trump administration — and three individual enforcement actions, say Michael Skopets and Marc Bohn of Miller & Chevalier Chtd.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • 2nd Circ. Throws Wrench Into FCPA Enforcement

    Nicholas Berg

    The Second Circuit's far-reaching ruling in Allen will immediately impact the U.S. Department of Justice’s ability to prosecute individuals implicated in international investigations. The decision is likely to impact the Lava Jato Foreign Corrupt Practices Act investigation, as well as shape the DOJ’s future cooperation with governments in Latin America, say Nicholas Berg and Lindsey Sullivan of Ropes & Gray LLP.