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August 14, 2024
Judge Blocks Missouri's Anti-ESG Rules, Handing SIFMA Win
A Missouri federal judge found Wednesday that the state's anti-ESG rules for brokers and advisers violate the First Amendment and are preempted by federal laws, handing the Securities Industry and Financial Markets Association an early win in its suit against state officials.
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August 14, 2024
The Biggest Enviro Decisions Of 2024: Midyear Report
2024 has already been one of the most consequential years for environmental law, and it's only half over. The U.S. Supreme Court issued groundbreaking administrative law decisions, while lower appeals courts resolved questions about California's right to promulgate its own vehicle emissions standards, among other rulings.
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August 14, 2024
Oil Equipment Co. Says Ex-Workers Took Patent-Pending Tech
An oilfield equipment company has taken two of its former workers and the competitor they left for to Texas federal court over claims the ex-employees absconded with its patent-pending oil valve technology and then shared it and other trade secrets with their new employer.
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August 13, 2024
Texas Court Affirms Sole Arbitrator In Oilfield Machinery Fight
A Texas appeals court affirmed on Tuesday that arbitration over more than $1 million owed on an invoice for oilfield machinery should be heard by a sole arbitrator, ruling that a subsequent agreement between a Mexican drill rig manufacturer and a Houston company trumped the wording in their initial contract.
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August 13, 2024
Anadarko Settles Wyo. Landowners' Antitrust Case For $12M
Occidental Petroleum Corp. unit Anadarko Petroleum Corp. will pay $12 million to resolve a federal class action from Wyoming landowners accusing the extraction company of anticompetitively hoarding permits to block and control local oil and gas development, resolving the suit Monday — very nearly on the courthouse steps.
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August 13, 2024
Halliburton Gets PTAB To Mostly Invalidate US Well Patent
A Patent Trial and Appeal Board panel largely invalidated claims of a fracturing patent owned by U.S. Well Services LLC challenged by Halliburton Energy Services Inc.
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August 13, 2024
No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says
The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.
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August 13, 2024
10th Circ. Says Mine Can't Undo Worker's Black Lung Benefits
A Tenth Circuit panel on Tuesday rejected a coal mining company's attempt to prevent a retired Utah miner from getting benefits under the Black Lung Benefits Act, finding the miner's time working in above-ground facilities did not remove the law's presumption in his favor.
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August 13, 2024
Quarry Liable For Layoff Notices, NLRB Tells DC Circ.
The National Labor Relations Board correctly found that a quarry operator illegally issued layoff notices to union supporters, the agency argued to the D.C. Circuit on Tuesday, saying the company hadn't followed its practice of laying people off during cold weather.
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August 13, 2024
Ariz. Tribe, Green Groups Want In On Industry Copper Rule Suit
A Native American tribe and the Sierra Club are squaring off against mining companies challenging the U.S. Environmental Protection Agency's recent rule, which is intended to reduce toxic, cancer-causing emissions from copper-smelting facilities.
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August 13, 2024
Tesla, Stockholder Feud In Del. Over Texas Move's Validity
Tesla inc. has fired a Delaware Court of Chancery broadside at a stockholder claim that the company failed to collect a required two-thirds majority vote to convert from a Delaware to a Texas-chartered company, saying the supermajority applies to charter changes rather than Tesla's corporate "redomestication."
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August 13, 2024
DOD Says Missing License Is Needed To Dispute $1B Fuel Deal
The Defense Logistics Agency has urged the Court of Federal Claims to toss a protest alleging a $1 billion African fuel supply deal requires a license that can only be secured through bribery, saying not already having the license dooms the protester's case.
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August 13, 2024
Air Taxi Co. Investor Ends Suit After Exec Indemnity Vote Fails
A stockholder suit against electric air taxi developer Archer Aviation Inc. has been declared moot after the company acknowledged it didn't have enough shareholder votes in favor of a measure that would indemnify its executives.
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August 13, 2024
Youth Plead To Save Constitutional Climate Lawsuit
Youth plaintiffs on Monday defended their right to continue their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests.
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August 13, 2024
Tar Sands Firm Strikes SPAC Merger With Integrated Rail
Tar Sands Holdings II LLC, advised by Holland & Hart LLP, plans to go public following a merger with Winston & Strawn LLP-led special purpose acquisition company Integrated Rail and Resources Acquisition Corp., according to a Monday statement.
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August 13, 2024
FirstEnergy Makes Nonprosecution Deal To End Ohio AG Probe
FirstEnergy said Tuesday that it has secured a nonprosecution agreement with Ohio's attorney general stemming from an alleged $1 billion bribery scandal involving the former speaker of the Ohio House of Representatives, with both parties touting the utility company's remediation and compliance improvements.
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August 13, 2024
Quantum Energy Sued For Docs In Del. After SEC Action
A director of Quantum Energy Holdings LLC who joined the company after one of its directors was indicted has sued the firm in Delaware's Court of Chancery, seeking books and records and alleging the company's other directors have "repeatedly thwarted" his efforts to understand the business and its financial condition.
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August 13, 2024
United Customer's Greenwashing Suit Preempted, Judge Says
A Maryland federal judge ruled Tuesday that federal law preempts a proposed class action alleging United Airlines misled customers by deceptively marketing its use of sustainable aviation fuels and its efforts to be green and carbon-neutral.
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August 13, 2024
3 International Trade Cases To Watch: Midyear Report
The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.
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August 13, 2024
Eversource Hit With $450M Suit Over Fatal Gas Explosion
The family of a Massachusetts man who died in a 2021 natural gas explosion caused by a corroded and leaking pipe says utility provider Eversource put profits ahead of public safety, according to a wrongful death suit filed Tuesday that seeks $450 million in damages.
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August 13, 2024
Jackson Walker Slams 'Draconian' Judge Romance Fees Bid
Jackson Walker LLP is pushing back on a U.S. Trustee Office's attempt to roll back at least $13 million in fees and reimbursements awards, saying the firm is just the latest bystander to become "collateral damage" from a concealed romance between an ex-firm partner and a former federal bankruptcy judge.
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August 13, 2024
EPA Defends Approval Of La. Injection Well Authority
The U.S. Environmental Protection Agency on Monday urged the Fifth Circuit to dismiss a lawsuit by green groups challenging the EPA's decision to give Louisiana authority over some underground injection wells, which can be used for carbon capture and sequestration.
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August 13, 2024
Baker Botts-Led Drilling Firm Joins September's IPO Pipeline
Drilling equipment and services provider HMH Holding Inc. has filed for an initial public offering, represented by Baker Botts LLP and underwriters counsel Latham & Watkins LLP, joining a pipeline of potential post-Labor Day IPOs.
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August 13, 2024
Contractors Owe $7M For Iron Plant Fire, Insurer Says
An insurer for one of the world's largest steel producers told a Texas federal court that five companies it said were responsible for the design, manufacture, sale and installation of a failed component at an iron plant must foot the bill for a fire that cost the producer nearly $7 million.
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August 13, 2024
Paul Weiss-Led CPP Injects $843M Into Tallgrass Energy
The Canada Pension Plan Investment Board, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced it had plugged roughly $843 million into private equity-owned energy infrastructure company Tallgrass Energy.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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NYSE Delisting May Be The Cost Of FCPA Compliance
ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.