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Energy
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July 16, 2024
Energy Co. Says 'Abstract Harm' Of NLRB Process Merits Halt
A Texas-based energy company told a Galveston federal judge Tuesday that parties are afforded "certain rights not to face trial," pushing the court to halt an upcoming National Labor Relations Board administrative proceeding against the company on the basis that the board's process is unconstitutionally structured.
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July 16, 2024
Platinum Co-Founder Dodges Prison For Bond Fraud Rap
Platinum Partners co-founder Mark Nordlicht on Tuesday was spared prison time for his five-year-old conviction over a purported scheme to defraud bondholders of a Texas oil and gas company, as a New York federal judge doubted that "such a weird case" would have any deterrent value.
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July 16, 2024
Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects
The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.
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July 16, 2024
Puerto Rico Launches Climate Suit Against Fossil Fuel Cos.
The Commonwealth of Puerto Rico has accused Exxon Mobil Corp., BP PLC, Chevron Corp. and other petrochemical companies of deceiving the public about the effects associated with the use and burning of fossil fuels on the island, resulting in severe damage to Puerto Rico's natural resources.
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July 16, 2024
Baker Hughes 401(k) Participant Wants Class Cert.
An ex-worker for Baker Hughes claiming his employee 401(k) plan lost millions because of unreasonably high recordkeeping fees asked a Texas federal court to certify a class of more than 23,000 retirement plan participants accusing the company of mismanagement, following a failed attempt to mediate the dispute.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Brazilian Cement Giant Seeks Ch. 15 With Over $1B In Debt
InterCement, the third-largest cement and concrete supplier in Brazil, is seeking Chapter 15 recognition from a New York bankruptcy court, saying it filed for mediation procedures in Brazil to stave off creditor litigation while it works to sell assets and address over a billion dollars in debt.
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July 15, 2024
Tribes Fight Red States' Bid To Halt EPA Water Rule
Tribal nations are seeking to challenge a bid by red states in North Dakota federal court to block a U.S. Environmental Protection Agency rule revision requiring states to consider tribes in addressing water quality standards under the Clean Water Act, arguing that the agency has the power to change its regulations.
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July 15, 2024
Green Groups, Industry Spar Over Feds' Offshore Leasing Plan
Conservation groups and the American Petroleum Institute are weighing in with starkly contrasting opening briefs for D.C. Circuit challenges of a 2024-2029 offshore oil and gas leasing program and arguments for why it should be scaled back or expanded.
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July 15, 2024
Farm, Fuel Groups Challenge Feds' Land Conservation Rule
The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.
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July 15, 2024
CenterPoint To Face Class Action Over Beryl Power Outages
Personal injury attorney Tony Buzbee announced Monday that he plans to file a proposed class action against CenterPoint Energy on behalf of restaurants in Houston and Galveston, Texas, affected by power outages following Hurricane Beryl.
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July 15, 2024
La., Miss. Utility Regulators Launch FERC Grid Policy Fight
Louisiana and Mississippi utility regulators called on the Fifth Circuit on Monday to review the Federal Energy Regulatory Commission's sweeping overhaul of how major electric transmission projects are planned and paid for.
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July 15, 2024
JD Vance's Wife Leaves Munger Tolles As Campaign Launches
Usha Chilukuri Vance, the wife of vice presidential candidate J. D. Vance, has resigned as a litigator at Munger Tolles & Olson LLP, her now-former law firm told Law360 on Monday afternoon, presumably to trade her Washington, D.C.- and San Francisco-based litigation career for the campaign trail.
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July 15, 2024
Fed. Circ. Upholds Some HVAC Patent Claims In Google Fight
The Federal Circuit has affirmed a Patent Trial and Appeal Board decision that handed a partial win to EcoFactor Inc. in a patent challenge brought by Google LLC.
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July 15, 2024
9th Circ. Won't Review Toss Of Youths' Climate Case
The Ninth Circuit has rejected youth plaintiffs' request for an en banc rehearing of a May ruling that dismissed their climate change suit against the U.S. government.
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July 15, 2024
NHTSA Fuel Economy Suits Consolidated In 6th Circ.
Eight separate legal challenges to the U.S. Department of Transportation's newly finalized fuel economy standards for passenger cars and light trucks have been consolidated in the Sixth Circuit, the Judicial Panel on Multidistrict Litigation said Friday.
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July 15, 2024
Ariz. Rancher Says Monument Order A 'Regulatory Regime'
A sixth-generation Arizona rancher is fighting a bid by the Biden administration to dismiss litigation challenging a presidential proclamation that designated an Indigenous site in the Grand Canyon region a national monument, arguing the order subjects him to a "regulatory regime" he must comply with to enhance his property.
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July 15, 2024
J&J Agrees To Pay $505M In Talc Producers' Ch. 11
Talc mining companies Imerys and Cyprus Mines asked the Delaware bankruptcy court to approve a Chapter 11 settlement in which Johnson & Johnson would pay $505 million in cash and insurance proceeds into a talc injury trust, even if it petitions for bankruptcy a third time.
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July 15, 2024
Military Families Fight Gov't Bid To Slash Fuel Leak Payout
Military family members and civilians have fired back at the federal government's attempt to dramatically undercut their request for damages following a bellwether bench trial in litigation stemming from fuel leaks tied to a now-shuttered Navy storage facility at Pearl Harbor.
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July 15, 2024
Waste Site Ruling Must Be Undone, Nuke Group Tells Justices
The main trade group for the U.S. nuclear industry on Friday urged the U.S. Supreme Court to reverse a Fifth Circuit decision that barred the federal government from licensing a temporary nuclear waste storage facility in Texas, saying the erroneous ruling threatens to upend the industry.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
BorgWarner Accuses Supplier Of Sabotaging Supply Chain
Auto parts manufacturer BorgWarner risks running out of an important part after its supplier allegedly wreaked havoc on the supply chain by refusing to deliver unless BorgWarner agreed to certain price hikes, according to a newly filed federal lawsuit in North Carolina.
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July 15, 2024
US Wins $15B Keystone Cancellation Case
The U.S. has won the $15 billion arbitration case brought by TC Energy over the cancellation of the Keystone pipeline, with an international tribunal dismissing the claims on jurisdictional grounds.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
Expert Analysis
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Caremark 2.0 Lends Shareholders Agency Against Polluters
The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.
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Wildfire Challenges For Utility Investors: Regs And Financing
For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Webpages Must Meet Accessibility Standard To Be Prior Art
The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation
By applying Oklahoma's statutory definitions of pollution to a private landowner's claim for negligence for the first time, the Tenth Circuit's recent decision in Lazy S Ranch v. Valero will likely make it harder to obtain summary judgment in oilfield contamination cases, and will lead to more litigation, say attorneys at GableGotwals.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Proposed RCRA Regs For PFAS: What Cos. Must Know
Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Proposed Hydrogen Tax Credit Regs May Be Legally Flawed
While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.