• October 16, 2017

    EPA Chief Moves To End ‘Sue And Settle’ Practice

    The U.S. Environmental Protection Agency on Monday announced new measures intended to prevent lawsuit settlements that Administrator Scott Pruitt said often circumvent transparency standards.

  • October 16, 2017

    Deals Rumor Mill: Saudi Aramco, AT&T, iQiyi

    Chinese state-owned oil companies have interest in buying into Saudi Aramco ahead of its planned $100 billion IPO, Brazil’s antitrust watchdog will greenlight AT&T’s acquisition of Time Warner, with conditions, and Chinese video streaming service iQiyi has picked banks to help with its IPO.

  • October 16, 2017

    15 Minutes With The Williams Cos.' General Counsel

    Lane Wilson joined The Williams Cos. as its general counsel in April, after a career spent both in private practice and behind the bench as a magistrate judge. Law360 spoke to Wilson about the trajectory that led him to an in-house role at an energy company, the changing regulatory landscape and his ideal relationship with outside counsel.

  • October 16, 2017

    SJI Inks $1.7B Deal For Southern Co. Gas Units In NJ, Md.

    Energy services holding company South Jersey Industries Inc. has agreed to acquire the assets of Elizabethtown Gas and Elkton Gas from a Southern Co. subsidiary for $1.7 billion, with a fully committed $2.6 billion bridge financing facility in place, SJI said Monday.

  • October 16, 2017

    NY Says FERC Can't Override Pipeline Permit Denial

    The New York Department of Environmental Conservation on Friday told the Federal Energy Regulatory Commission that it should revisit its decision that quashed the state’s denial of a Clean Water Act permit for a Millennium Pipeline Co. LLC’s natural gas pipeline, arguing that the federal agency misinterpreted the department’s deadline.

  • October 13, 2017

    Solar Co. Suniva Gets OK For $3M Boost To DIP Loan

    A Delaware bankruptcy judge on Friday allowed solar panel maker Suniva Inc. to take on roughly $3 million in additional post-petition financing the debtor said was needed to keep up its unusual restructuring efforts that hinge on prosecuting an import relief case before the U.S. International Trade Commission.

  • October 13, 2017

    DC Circ. Urged Not To Delay Truck Trailer Emissions Rule

    Seven states and several other groups on Thursday urged the D.C. Circuit to reject a truck trailer manufacturers’ association's bid to delay implementation of a federal rule aimed at reducing greenhouse gas emissions from heavy-duty truck trailers, saying that the trailer makers won’t suffer irreparable harm.

  • October 13, 2017

    C&J Investor Says $5M Fee Bid Justified By $250M Savings

    Attorneys representing a shareholder of C&J Energy Services Inc. told a Delaware Chancery Court judge Friday that their efforts in a challenge to the $2.9 billion merger of C&J and Nabors Industries Ltd. justify a $5 million fee award because the suit led to a $250 million reduction in the cash paid by C&J in the deal.

  • October 13, 2017

    EFH Reaches Deal Over Vistra Tax Allocation Dispute

    Energy Future Holdings Corp. on Friday told the Delaware bankruptcy court that it came to an agreement resolving a dispute with its former major operating subsidiary for now that allows the ex-unit to file the tax return it wants to on Monday with the possibility that it might be tweaked later.

  • October 13, 2017

    SunEdison Can End IP Contract With Korean Co., Judge Rules

    A New York bankruptcy judge on Friday found that a supply and license agreement between SunEdison Inc. and a Korean company it helped create to manufacture solar materials is governed by New York law and was properly terminated, allowing SunEdison to sell the patent rights to the production process.

  • October 13, 2017

    OW Bunker Tells 2nd Circ. Subcontractors Can't Claim Fuel

    Bankrupt marine fuel supplier and trader O.W. Bunker AS on Thursday urged the Second Circuit to affirm that several liens against ships that contracted to buy fuel from it belong to O.W., and not to the "subcontractors" that actually delivered the fuel on credit. 

  • October 13, 2017

    5th Circ. Won't Revive National Oilwell Employee's ADA Suit

    A Fifth Circuit panel on Friday refused to revive a former National Oilwell Varco worker’s suit claiming he was discriminated against because of his age and disability, saying the lower court didn’t clearly err in tossing the suit.

  • October 13, 2017

    Deals Rumor Mill: Weinstein Co., Saudi Aramco, Atlantia

    The Weinstein Co. is looking to be bought or shut down, specifics of the planned $100 billion IPO for state-owned oil giant Saudi Aramco could change, and Atlantia is willing to increase its offer for Abertis in order to beat out a rival bidder.

  • October 13, 2017

    Feds Reach Cleanup Deal For Maryland Superfund Site

    The federal government announced Friday it has reached a deal requiring various parties to execute a $51.5 million plan to clean up a Baltimore County, Maryland, Superfund site where a landfills had operated between the 1950s and 1970s.

  • October 13, 2017

    Trump Taps Climate Skeptic To Lead WH Enviro Council

    President Donald Trump said late Thursday that he would nominate former Texas Commission on Environmental Quality Chair Kathleen Hartnett White, a prominent skeptic of man-made climate change, to serve on the White House's Council on Environmental Quality and designate her as the council's chair.

  • October 13, 2017

    Texas High Court Won't Hear Anglo-Dutch Atty Fees Row

    The Texas Supreme Court on Friday denied a bid for review from Anglo-Dutch Petroleum International, which had argued a trial court awarded and lower appellate court wrongly affirmed a “windfall” in interest on attorneys' fees to a lawyer who represented the company in a trade secrets suit, after Anglo-Dutch successfully appealed a verdict on the fee amount.

  • October 13, 2017

    Luminant Shutters 2 Texas Coal-Fired Plants

    Vistra Energy said Friday that its Texas-based Luminant subsidiary would close two coal-fired plants in early 2018 due to deteriorating finances, making it three Lone Star State coal plants in the last week the company has tabbed for closure next year.

  • October 13, 2017

    Tribe Demands Nix Of Slawson Drilling Go-Ahead

    The Mandan, Hidatsa & Arikara Nation on Thursday told a North Dakota federal court that drilling company Slawson Exploration Co. Inc. appealed an administrative order prematurely, arguing that the court should throw the case out so that the U.S. Department of the Interior’s process can continue unimpeded.

  • October 13, 2017

    ICSID Nixes Nigeria's Bid To DQ Arbitrators In Oil Dispute

    International arbitrators have denied Nigeria’s bid to disqualify all three members of a tribunal assigned to oversee a dispute brought by two oil companies that allege the country’s state-owned oil company illegally seized control of a separate Nigerian firm through which they held a prospecting lease.

  • October 13, 2017

    Lawmakers Seek More On FCA Plan For Aramco Listing Rules

    Britain’s financial regulator has denied claims that changing rules to encourage companies such as Saudi Aramco to float in London will harm investors or damage the City, but lawmakers said Friday they were unconvinced and would push for more answers.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Why The Supreme Court Could Rule ALJs Unconstitutional

    David Perlman

    Recent federal appeals court decisions have questioned the constitutionality of the use of administrative law judges by the Federal Energy Regulatory Commission and the U.S. Securities and Exchange Commission. The U.S. Supreme Court is likely to address the SEC's use of ALJs, but FERC-specific issues may not be resolved without further litigation, say David Perlman and Britt Steckman of Bracewell LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Deciding The Forum For 'Waters Of The US' Suits

    Joel Beauvais

    Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.

  • Learning From DOJ’s Parker Hannifin Merger Challenge

    Jack Sidorov

    The U.S. Department of Justice's recent lawsuit challenging Parker Hannifin’s consummated acquisition of Clarcor serves as an important reminder that the agencies can — and in some limited instances will — challenge consummated transactions that were reported to them under the Hart-Scott-Rodino Act, says Jack Sidorov of Lowenstein Sandler LLP.

  • NY Insurance Case Highlights Importance Of Specific Wording

    Alexander Bandza

    The New York Supreme Court's decision in National v. TransCanada last month held that coverage under an "all-risks" policy extended to losses resulting from a precipitating cause that occurred prior to the policy period. This case underscores that the specific wording of an insurance policy can be outcome-determinative, say Jan Larson and Alexander Bandza of Jenner & Block LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Viability Of 'Act Of God' Defense In A Superstorm World

    Sarah Quiter

    The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.