Recent Federal Energy Regulatory Commission enforcement orders highlight the agency's focus on whether electricity market participants are delivering the power and services they've promised, and attorneys say data center-fueled increases in U.S. power demand may further intensify FERC's scrutiny.
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WEDNESDAY, MAY 6, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Analysis

Demand Boom May Deepen FERC's Power-Market Scrutiny

By Keith Goldberg

Recent Federal Energy Regulatory Commission enforcement orders highlight the agency's focus on whether electricity market participants are delivering the power and services they've promised, and attorneys say data center-fueled increases in U.S. power demand may further intensify FERC's scrutiny.

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Transocean's $5.8B Bid For Drilling Rival Valaris Draws DOJ Eye

By Bryan Koenig

Transocean Ltd. disclosed Tuesday that the U.S. Department of Justice Antitrust Division was scrutinizing its plan to acquire rival Valaris Ltd. in an all-stock deal valued at about $5.8 billion, pausing the combination of two of the largest offshore drilling fleets into a $17 billion operator.

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Investors In $16B YPF Feud Win Round Against Argentina

By Joyce Hanson

A New York federal judge has ruled that investors in Argentine oil and gas exploration company YPF SA can use discovery obtained in a decade-long dispute against the country in a parallel $16 billion investor-state arbitration they plan to initiate, saying they had shown a "compelling need."

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Exelon Shareholders Fight Objectors' Fee Bid On Bribery Deal

By Lauraann Wood

Exelon shareholders seeking an Illinois federal judge's approval on a derivative settlement addressing subsidiary Commonwealth Edison's legislative bribery scheme argued Tuesday that shareholders who've opposed the deal should not receive attorney fees because their three-year fight against approval has not substantially benefited the litigation.

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OIL AND GAS

Native CDFI Says EPA Froze, Then Killed, $400M Grant

By Crystal Owens

Native CDFI Network Inc. is suing the United States for terminating a $400 million Greenhouse Gas Reduction Fund grant, saying the U.S. Environmental Protection Agency invoked "a potpourri of shifting reasons" for the cancellation before landing on the assertion its priorities had changed.

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BlackRock, State Street Push To Trim Red State AGs' Suit

By Katryna Perera

BlackRock and State Street have further urged a Texas federal judge to trim down antitrust claims from Republican state attorneys general accusing the asset managers of driving up coal prices, arguing that the chain from their investment activity to retail electricity prices "stretches through multiple intervening markets and countless nonparties."

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MINING

Miner Looks To DQ Dorsey Under The 'Hot Potato' Doctrine

By Joyce Hanson

A uranium mining company is looking to disqualify Dorsey & Whitney LLP as counsel for potential intervenors in a lawsuit in Colorado federal court over an arbitration initiated by another mining company based on a mineral assets purchase, saying Dorsey can't drop it like a "hot potato."

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PEOPLE

Ex-Sunrun Legal VP Joins Wilson Sonsini In San Francisco

By Adrian Cruz

Wilson Sonsini Goodrich & Rosati PC announced Tuesday that the former vice president of legal at solar energy company Sunrun has joined the firm's San Francisco office as an energy and climate solutions partner.

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EXPERT ANALYSIS

AI Data Center Boom May Spur Wave Of Toxic Tort Suits

Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

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Dutch Order Enforcing Award Tests Spain's Immunity Shield

The recently recorded enforcement award from The Hague District Court, allowing an investor to seize Spanish real estate in the Netherlands in satisfaction of an arbitration award, exposes the precise point at which International Centre for Settlement of Investment Disputes enforcement becomes coercive sovereign execution, says Josep Galvez at 4-5 Gray's Inn.

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Building Codes Ruling May Inform AI Copyright Arguments

The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

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LEGAL INDUSTRY

The 2026 Lawyer Satisfaction Survey: Make Your Voice Heard

How is your work-life balance? Are you content with your compensation and opportunities for advancement at work? Take the 2026 Law360 Lawyer Satisfaction Survey and share your thoughts.

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DOJ Atty Faces Possible Discipline Over DHS 'Lack Of Candor'

By Lauren Berg

A Rhode Island federal judge, whom the U.S. Department of Homeland Security criticized for releasing a noncitizen with an alleged overseas warrant for homicide, on Tuesday said she is referring an assistant U.S. attorney for disciplinary proceedings for not disclosing the warrant to her beforehand.

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Audio

Approach The Bench: Justice Bacon On School Accreditation

By Cara Bayles and Steven Trader

State high courts are responsible for regulating the legal profession in their jurisdictions, and so New Mexico Supreme Court Justice C. Shannon Bacon thinks it's only right that justices reevaluate the principles behind law school accreditation.

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Ga. Justices Sanction Asst. DA For AI Errors In Murder Case

By Lauren Berg

The Georgia Supreme Court on Tuesday sanctioned a Clayton County assistant district attorney for filing briefs that contained nonexistent case citations generated by artificial intelligence in a murder defendant's bid for a new trial, saying the prosecutor's misconduct has "sidetracked" the justices from delving into the merits of the appeal.

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Analysis

High Court Clarity On Subpoenas Creates Murky Path For AGs

By Carla Baranauckas

The U.S. Supreme Court's unanimous decision that the New Jersey Attorney General's Office infringed free speech by asking an anti-abortion nonprofit to release donor names gives nonprofits and companies more leverage for challenging subpoenas at the outset, although the question remains if and how attorneys general and other enforcers can ultimately obtain sought-after information following a constitutional affront.

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Brief

FCC Chair Carr Promotes 6 In Key Legal, Policy Roles

By Christopher Cole

The Federal Communications Commission's staff are playing musical chairs, and it means high-level promotions for a half-dozen legal aides of agency chief Brendan Carr.

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SEC Lifts NY Atty's Lifetime Practice Ban

By Katryna Perera

The U.S. Securities and Exchange Commission on Tuesday lifted a lifetime ban preventing a New York attorney from practicing before the agency, following an attempt to leverage a client's testimony before the SEC.

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COMPANIES IN TODAY'S NEWS

ASTM International

Achmea BV

Amazon.com Inc.

American Bar Association

Apple Inc.

Arch Resources Inc.

BlackRock Inc.

Burford Capital LLC

Citigroup Inc.

Commonwealth Edison Co.

Eton Park Capital Management LP

Eurus Energy America Corp.

Exelon Corp.

Google LLC

Hachette Book Group Inc.

Harvard University

Hi-Tech Pharmacal Co., Inc.

International Centre for Settlement of Investment Disputes

Internet Archive

Microsoft Corp.

National Association for the Advancement of Colored People

New York University

PG&E Corp.

Peabody Energy Corp.

Pew Research Center

Portland General Electric Co.

Repsol SA

Smith & Wesson Brands Inc.

Spotify Technology SA

The New York Independent System Operator Inc.

The Vanguard Group Inc.

Transocean Ltd.

Uranium Energy Corp

Valaris

Whirlpool Corp.

YPF SA

LAW FIRMS IN TODAY'S NEWS

4 5 Gray's Inn Square

Akin Gump

Bracewell LLP

Bragar Eagel

Buzbee Law Firm

Cafferty Clobes

Cooper & Kirk

Davis Polk

Debevoise & Plimpton

Dechert LLP

Dorsey & Whitney

Gibson Dunn

Holland & Hart

Jacobson & John

Kahn Swick

Kellogg Hansen

King & Spalding

Law Office of Melanie Shapiro

Levine Lee

Lowenstein Sandler

Pillsbury Winthrop

Pomerantz LLP

Reed Smith

Riley Safer

Robbins LLP

Scott&Scott

Sills Cummis

Steel Law Firm PC

Steptoe LLP

Sullivan & Cromwell

Troutman

Vinson & Elkins

WilmerHale

Wilson Sonsini

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

City and County of San Francisco, California

European Commission

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Energy Regulatory Commission

Georgia Supreme Court

Imperial County, California

New Jersey Attorney General's Office

New Jersey Supreme Court

U.S. Attorney's Office for the District of Rhode Island

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the District of Rhode Island

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Mississippi

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio