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Energy
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April 04, 2025
6th Circ. Allows Tenn. Gas Plant Pipeline To Proceed
The Sixth Circuit on Friday rejected conservation groups' challenges to federal and state Clean Water Act approvals to a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City.
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April 04, 2025
Fla. House Bill Would Cut General Sales Tax Rate, Other Rates
Florida would reduce the state's general sales tax rate and other sales tax rates, including the rates imposed on commercial rent, electricity and sales of new mobile homes, by three-quarters of a percentage point under a bill introduced in the state House of Representatives.
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April 04, 2025
Trevor Milton Wants Nikola Corp. Ch. 11 Subpoena Quashed
Recently pardoned Nikola Corp. founder Trevor Milton asked a Delaware bankruptcy judge to reject a subpoena seeking documents from an arbitration between the former CEO and embattled electric-vehicle maker.
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April 04, 2025
Toshiba Fights Claims Over Alleged Hydro Plant Defects
A Toshiba Corp. unit has urged a federal judge to dismiss claims that it botched a $560 million contract to upgrade a hydroelectric plant owned by the Michigan utilities Consumers Energy Co. and DTE Electric Co., arguing the two companies inspected Toshiba's work and deemed it satisfactory.
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April 04, 2025
Insurers Accuse SoCalEdison Of Sparking Eaton Fire
Ten carriers blamed Southern California Edison for costing the insurance industry billions after negligently starting the January Eaton Fire, telling a California state court that the blaze was caused by a poorly maintained transmission tower whose wires arced, igniting vegetation.
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April 04, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Russian industrialist Oleg Deripaska target the intelligence arm of CT Group with a commercial fraud claim, Big Technologies sue its former CEO for allegedly concealing interests in several shareholders, and an investment firm tackle a professional negligence claim by Adidas. Here, Law360 looks at these and other new claims in the U.K.
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April 04, 2025
Novelis Seeks $15M For Recycle Facility Construction Delays
Atlanta-based aluminum giant Novelis said this week that a design and build firm in charge of construction of a sprawling recycling plant botched key features of the project, leading to "persistent delays" and more than $15 million in damages from repairs and lost profits.
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April 04, 2025
Kirkland-Led Brookfield Buying Colonial Pipeline In $9B Deal
Brookfield Infrastructure Partners said it will acquire the Colonial Pipeline, the nation's largest refined oil products pipeline system, in a deal valued at approximately $9 billion, under the legal counsel of Kirkland & Ellis LLP.
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April 03, 2025
3 Ways The Trump EPA Could Impact The Chemical Industry
The U.S. Environmental Protection Agency's potential deregulatory actions, staffing reductions and shifts in scientific practices portend changes for the chemical industry that could ultimately benefit the sector. Here, Law360 looks at three key areas of concern for the chemical industry.
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April 03, 2025
NC Biz Court Trims Semiconductor Co.'s Trade Secrets Suit
A North Carolina Business Court judge has permitted the majority of a silicon carbide technology company's suit to proceed against two former executives and the competitor they allegedly helped unfairly compete against it, preserving its claims that they took off with trade secrets.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
House GOP Launches Bid To Undo Calif. Emissions Waivers
Republican lawmakers unveiled on Thursday a trio of Congressional Review Act resolutions that seek to repeal California's clean-vehicle waivers created under the Biden administration that allowed the Golden State to ban gas-powered vehicles, heavy trucks and diesel engines by 2035, spurring swift opposition from at least one environmental group.
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April 03, 2025
Texas Appeals Court Reverses Exxon's $25M Insurance Win
A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.
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April 03, 2025
International Disputes And Trade Lawyer Heads To Foley Hoag
A trade lawyer with experience in World Trade Organization dispute settlement and commercial mediation has joined Foley Hoag LLP's international litigation and arbitration practice in Paris as senior counsel, according to the law firm.
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April 03, 2025
GSA Moves To Eliminate 'Wasteful' EV Charging Stations
The U.S. General Services Administration announced Thursday that it will be partnering with agencies to get rid of "wasteful" electric vehicle charging stations at federally owned facilities and buildings that fall under the GSA's purview, stemming from a directive last month that said no new charging installations will be permitted.
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April 03, 2025
Nestlé, Other Parent Cos. Freed From Baby Food Metals MDL
Overseas food giants Nestlé, Danone and Hero can exit a multidistrict litigation alleging baby food tainted with toxic metals caused children to develop autism, a California federal judge has ruled, but domestic subsidiaries who manufactured the products, such as Gerber, Nurture and Beech-Nut, must remain as defendants.
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April 03, 2025
Tribes, Great Lakes Group Seek Appeal Of Enbridge Decision
Four tribes and a Great Lakes water protection group have asked the Michigan Supreme Court for leave to challenge a state public service commission decision as well as a subsequent appeals panel ruling that both favor Enbridge Energy's Line 5 tunnel project.
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April 03, 2025
ADM Faces Del. Derivative Suit Amid Accounting Fraud Claims
Agricultural supply chain giant Archer-Daniels-Midland Co. was hit with a derivative complaint Thursday in Delaware's Court of Chancery, seeking damages from 17 current or former officers entangled in claims of years of fraudulent accounting and disclosures involving its nutrition segment.
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April 03, 2025
Reed Smith Wants To Pull Out Of Eletson Ch. 11
An attorney from Reed Smith LLP asked a New York bankruptcy judge Thursday to let the firm withdraw its representation of one of two parties vying to control international shipping group Eletson Holdings, noting that opposing counsel has urged it for months to exit the case.
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April 03, 2025
6th Circ. Backs $10M Gas Royalty Judgment Against Antero
A Sixth Circuit panel affirmed an Ohio district court ruling holding that Antero Resources Corp. underpaid a class of Buckeye State landowners $10 million by improperly deducting costs from their natural gas royalties.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
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April 03, 2025
Amazon Bids For TikTok As US Ban Nears, And More Rumors
Amazon has emerged as a last-minute bidder for TikTok, which faces a looming ban in the United States if the popular video app is not separated from its own Chinese owner, while two of China's biggest automakers are pursuing a merger and Brookfield Asset Management is finalizing a deal to acquire Colonial Pipeline Inc. for more than $9 billion.
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April 03, 2025
Judge OKs Toss Of FCPA Case Against Ex-Cognizant Execs
A New Jersey federal judge on Thursday granted the federal government's bid to end the Foreign Corrupt Practices Act case against two former executives of Cognizant Technology Solutions Corp., ending a legal battle that was beset by delays throughout its six-year run.
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April 02, 2025
Narrowed Challenge To RI Offshore Wind Project Proceeds
A D.C. federal judge narrowed a suit seeking to halt work on Revolution Wind, a wind farm project off the coast of Rhode Island, tossing claims brought under three separate federal laws and dismissing claims brought by numerous plaintiffs under other environmental and wildlife protection, and historic preservation laws.
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April 02, 2025
QuantumScape, SPAC Brass Settle Merger Suit For $8.75M
QuantumScape Corp., its directors and officers and the special-purpose acquisition company that took the lithium-metal battery maker public agreed to an $8.75 million settlement resolving a stockholder derivative suit that alleged the SPAC's brass breached their fiduciary duties in connection with the go-public merger, a Wednesday stipulation states.
Expert Analysis
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Series
Birding Makes Me a Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Nev. Fraud Ruling Raises Stakes For Proxy Battles
Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.