Energy

  • June 05, 2020

    Judge Rejects Early Verdict Bid In Westmoreland Coal Fight

    A Texas bankruptcy judge on Friday rejected Jay Alix's position that McKinsey & Co. "failed utterly" to make its case in a fight over disclosures in the Westmoreland Coal Co. Chapter 11 and that a verdict in its favor should be granted immediately

  • June 05, 2020

    PG&E's Share Terms For Fire Survivors Unfair, Judge Told

    Wildfire survivors on Friday urged a California federal judge overseeing Pacific Gas and Electric Co.'s $59 billion chapter 11 reorganization plan to ensure that they don't have to wait years to liquidate the PG&E stock in their wildfire liability settlement, saying PG&E can't give other shareholders better terms.

  • June 05, 2020

    Trump Powerless To Undo Obama's Drilling Ban, 9th Circ. Told

    A group of environmental organizations urged the Ninth Circuit on Friday to uphold a lower court's ruling that the Trump administration cannot reverse an Obama-era block on fossil fuel drilling in areas of the Arctic and Atlantic oceans, saying the statute former President Barack Obama acted under only allows Congress to reverse the ban.

  • June 05, 2020

    Split 6th Circ. Backs Approval Of Enbridge Pipeline Spill Plan

    A split Sixth Circuit panel ruled on Thursday that the U.S. Department of Transportation properly approved Enbridge Energy's oil spill response plans for a Wisconsin-to-Ontario pipeline, while the dissenting judge said a lower court had been right to disagree.

  • June 05, 2020

    Texas Justices Will Consider Unused Days Lease Dispute

    The Texas Supreme Court agreed Friday to consider whether an operator of an oil and gas lease in Howard County can extend the timeline for drilling a new well enough to prevent its rights from being terminated in favor of the landowner.

  • June 05, 2020

    Miss. Power Co. Gets Quick Alice Win In Billing IP Row

    A Mississippi federal judge on Thursday tossed a patent holder's suit accusing Mississippi Power Co. of infringing an automatic bill payment system patent, saying the patent's "silence" on the means used to facilitate billing transactions with QR codes doomed it under Alice.

  • June 05, 2020

    Tech Groups Tell FCC That 6 GHz Reorganization Must Stand

    Tech companies including Apple, Google and Microsoft are pushing back on a petition to stay the FCC's approval for wireless services in the 6 GHz band, which is already shared by critical infrastructure companies and utilities.

  • June 05, 2020

    Energy Tools Co. Says Rival Poached Employees, Stole IP

    Oil and gas materials manufacturer NRI ATM accused a rival company of poaching two of its essential employees and using them to steal intellectual property in a complaint filed Friday in a Texas federal court.

  • June 05, 2020

    5th Circ. Says Homeowners Can't Sue Entergy For Floods

    Entergy Corp. units don't have to face Lone Star State homeowners' claims that their faulty operation of a dam caused flooding because Texas precedent bans private entities from being held liable for property damages caused by floodwaters, the Fifth Circuit has ruled.

  • June 05, 2020

    The Week In Bankruptcy: Eyes On The New Normal

    The COVID-19 outbreak's effects on numerous industries continued over the last week as companies succumbed to the economic pressures of the pandemic.

  • June 05, 2020

    Texas Justices OK Worker's $1.7M Win Against W&T Offshore

    The Texas Supreme Court ruled Friday that W&T Offshore Inc. must pay $1.7 million to an injured offshore drilling platform worker after the company failed to secure jury findings to support its defense that he was a "borrowed employee" barred from suing the company for negligence.

  • June 05, 2020

    DC Circ. Told NRC Shouldn't Review Illegal Nuke Storage Plan

    An environmental group is urging the D.C. Circuit to force the U.S. Nuclear Regulatory Commission to stop considering an application to build a nuclear waste storage facility in New Mexico that the group says requires a license forbidden by energy law.

  • June 05, 2020

    Argentina Must Face Investors' Suit In NY, Judge Says

    Argentina must face a lawsuit in New York federal court accusing the nation of hurting an energy company's shareholders when the firm was nationalized, a judge said Friday.

  • June 05, 2020

    Contractor Renews Immunity Bid In Coal Worker Injury Suit

    Jacobs Engineering Group Inc. is arguing a recent U.S. Supreme Court decision upended a Tennessee federal judge's prior refusal to grant the contractor immunity from claims it failed to protect workers during a coal ash spill cleanup in Tennessee.

  • June 05, 2020

    Texas Justices To Weigh State Grid Operator's Immunity

    The Texas Supreme Court agreed Friday to review a lower court ruling that the state's grid operator is entitled to government immunity from a lawsuit lodged by a bankrupt power plant owner.

  • June 05, 2020

    Williams Stockholder Sues In Del. For Poison Pill Details

    A stockholder of The Williams Companies Inc. has sued in Delaware's Chancery Court for access to the pipeline giant's documents on a poison pill takeover defense measure adopted in March, branding its terms "highly restrictive" and deserving of a closer look.

  • June 05, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a Chinese billionaire dissident launch another legal fight with UBS AG, a demolition company lodge a negligence claim against Hiscox and an asbestos solutions provider and an airport sim card seller target telecommunications giant Vodafone. Here, Law360 looks at those and other new claims in the U.K.

  • June 04, 2020

    Trump Signs Executive Order To Speed Up Project Approvals

    President Donald Trump signed an executive order Thursday instructing agency heads to use "emergency authorities" to sidestep environmental laws and quickly approve major projects like highways, saying the COVID-19 pandemic created a situation that required quick action to stimulate economic growth.

  • June 04, 2020

    PG&E Bankruptcy Plan Is 'House Of Cards,' Objectors Warn

    Pacific Gas and Electric Co.'s $59 billion Chapter 11 reorganization plan does not adequately mitigate wildfire risks or prioritize wildfire survivors, challengers to the plan told a U.S. bankruptcy judge during a bench trial Thursday, calling the plan a "house of cards" that should not be confirmed.

  • June 04, 2020

    Consol Beats Most Of Union, Retirees' Health Benefits Suit

    Consol Energy Inc. won't have to face most of a suit from the United Mine Workers of America and a group of retirees challenging a decision to cut workers' health care benefits, after a West Virginia federal judge tossed all of the case's ERISA claims.

  • June 04, 2020

    Talos Energy Hit With Chancery Suit Over Gulf Assets Deal

    Talos Energy Inc. and its private equity controllers ran an unfair transaction in which Talos paid $385 million and valuable preferred stock to buy oil producing assets in the Gulf of Mexico from affiliates of one of the controllers, an investor has alleged in a Delaware Chancery Court suit.  

  • June 04, 2020

    Spanish Gas Co.'s $2B Award Bid Paused At Egypt's Request

    A D.C. federal judge has granted Egypt's bid to pause efforts by a Spanish gas company to enforce a $2 billion arbitral award stemming from a gas supply dispute, ruling that a stay is in order as the country awaits a decision from an award annulment committee.

  • June 04, 2020

    Ariz. Utility Asks High Court Not To Revive Navajo Coal Case

    An environmental challenge to a coal-fired power plant on Navajo land shouldn't be taken up by the Supreme Court because two lower courts were right to dismiss the case based on the tribe's sovereign immunity, Arizona's largest utility said Thursday.

  • June 04, 2020

    Venezuela Mining Co. Owes $12M, Commodities Co. Says

    A British Virgin Islands commodities company has asked a New York federal judge to confirm a $12.6 million arbitration award against a Venezuelan state-owned mining company for breach of a charter ship contract after failing to live up to a shipping agreement.

  • June 04, 2020

    Automakers Put New Trade Deal Rules Under Microscope

    U.S. carmakers have begun peppering the administration with questions about how best to comply with new rules under the U.S.-Mexico-Canada Agreement that will force them to source more of their parts from within North America and may drastically alter existing supply chains.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Calif. Vapor Intrusion Guidance Promises More Consistency

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    The draft guidance on vapor intrusion released recently by a group of California environmental agencies should help address confusion resulting from varying approaches to vapor investigation and remediation used by different state regulators, says Laurie Berger at Environmental General Counsel.

  • Ruling Loosens Regs On Pa. Renewable Customer-Generators

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    The Pennsylvania Commonwealth Court's recent ruling in Hommrich v. Pennsylvania Public Utility Commission may narrow the regulator's role in overseeing interconnection and net metering of renewable energy customer-generators, and loosen customer-generator eligibility standards, say John Povilaitis and Alan Seltzer at Buchanan Ingersoll.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • FERC's New Return On Equity Formulas Are Out Of Sync

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    The Federal Energy Regulatory Commission's recent orders revising its methods to estimate electric, natural gas and oil utilities' returns on equity lay out significantly different approaches for electric utilities and pipelines, raising questions as to whether such deviations are actually supported by each industry's risks, say attorneys at Sheppard Mullin.

  • In GE, Supreme Court Extends Reach Of Int'l Arbitration In US

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    The U.S. Supreme Court’s decision this week in GE Energy v. Outokumpu Stainless broadens the reach of international arbitration as a viable dispute resolution mechanism under U.S. law, but leaves unanswered a number of important questions regarding the application of the nonsignatory doctrine, say attorneys at Paul Hastings.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Financial Strategies For Oil And Gas Cos. During The Slump

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    After the dramatic recent decline in oil and gas prices, industry participants and investors must look to history for strategies to address higher costs of capital, valuation challenges, increasing financial distress, potential bankruptcies and the prospect of contract disputes, say consultants at Cornerstone Research.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Texas Ruling Challenges Oil And Gas Anti-Washout Provisions

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    The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

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