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Energy
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August 05, 2024
4th Circ. Revives Duke Monopoly Suit, Orders New Judge
The Fourth Circuit on Monday revived Florida-based NTE Energy Services' lawsuit accusing Duke Energy of squeezing it out of the market in North Carolina, concluding that the lower court should have looked at the big picture of the allegations.
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August 05, 2024
5th Circ. Remands $25M Dispute Over Winter Storm Losses
A Fifth Circuit panel is sending a $25 million dispute between a power trader and a power seller over price-hedging deals that saw losses during Winter Storm Uri back to a district court to determine if the federal court had jurisdiction over the matter.
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August 05, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.
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August 05, 2024
Transportation Policies To Watch: Midyear 2024 Review
Rail and aviation safety reforms following recent incidents, stricter vehicle emission standards guiding automakers' gradual pivot to electrification, and the integration of new automation and drone technology are some of the transportation industry's top regulatory priorities to watch in the second half of 2024.
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August 05, 2024
Pennsylvania Legislation To Watch In 2024: A Midyear Report
The Pennsylvania Legislature is following other jurisdictions striving to make social media safer while preserving free speech, and putting stricter limits on "forever chemicals" that had been widely used in firefighting applications and products for resisting stains and stickiness. Here, Law360 looks at some of the Pennsylvania bills attorneys are watching in 2024.
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August 05, 2024
PE Firms Carlyle, Quantum Ink $3B Deal For US Power Co.
Houston-based Quantum Capital Group said Monday it has agreed to purchase Cogentrix Energy, a U.S. independent power producer, from Carlyle for about $3 billion.
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August 05, 2024
Latham Helps Woodside Buy Clean Ammonia Biz For $2.4B
Australian oil and gas giant Woodside Energy will buy OCI NV's low-carbon ammonia facility in Texas for $2.35 billion in cash to help with its transition to cleaner forms of energy, the companies said Monday.
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August 02, 2024
Hawaii Inks $4B Maui Wildfires Deal Ahead Of Anniversary
The state of Hawaii, Charter Communications and the state's largest utility have agreed to shell out $4 billion to resolve hundreds of lawsuits lodged after a deadly wildfire broke out in Maui nearly a year ago, Hawaii Gov. Josh Green announced on Friday.
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August 02, 2024
BigLaw Insurer Calls FirstEnergy Ruling Threat To Privilege
The Attorneys' Liability Assurance Society and the U.S. Chamber of Commerce threw their support Friday behind FirstEnergy's call for the Sixth Circuit to block investors' access to internal investigative documents produced by two BigLaw firms after a $1 billion bribery scandal became public.
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August 02, 2024
Del. Chancellor Presses Tesla On Musk Pay Salvage Scheme
Delaware's chancellor pointed Friday to "zero cases under Delaware law" where stockholders were allowed to ratify a corporate act that had been found to be a breach of fiduciary duty, asking an attorney for Tesla Inc. why she should allow the company to use a post-verdict vote to resurrect Elon Musk's $56 billion stock-based compensation plan.
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August 02, 2024
Glancy Prongay To Rep Investors In Landslide Risks Suit
Glancy Prongay & Murray LLP will represent a proposed class of investors in consolidated litigation alleging a Colorado-based mining company's unsafe practices precipitated a landslide, hurting investors when its trading prices dropped.
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August 02, 2024
Judge Won't Enforce $330M In Defaulted Venezuelan Bonds
A New York federal judge on Thursday declined to enforce some $330 million in defaulted bonds issued by Venezuela's state-owned oil company, relying on a rarely invoked state ban on champerty that prohibits claims brought by entities that acquire a debt solely to pursue enforcement litigation.
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August 02, 2024
Iowa, ND Move For Win In NEPA Rule Fight
States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.
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August 02, 2024
Challengers To Ga. Utility Panel Elections Want Another Shot
The plaintiffs behind a lawsuit that initially succeeded in challenging the allegedly discriminatory method for electing Georgia's Public Service Commission on Thursday asked a federal judge for permission to amend their complaint after the Eleventh Circuit refused to revisit an earlier panel decision upholding the electoral system.
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August 02, 2024
Conn. AG Probes Solar Site's 'False' Social Media Ads
A company running social media ads that claim the government will "cover the cost" of installing solar products is deceiving Connecticut residents and leaving them with a false sense of urgency to claim a benefit that doesn't exist, the state attorney general's office said Friday in announcing an investigation.
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August 02, 2024
Commerce Rejects Vietnam's Bid For Market Economy Status
The U.S. Department of Commerce said Friday that it has rejected Vietnam's request to lift its status as a non-market economy, which would have altered how antidumping duties are calculated on Vietnamese exports.
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August 02, 2024
Navajo Restrict Radioactive Transport On Reservation Lands
For the next six months, no radioactive material can be transported across the Navajo Nation's reservation without prior agreement with the country's largest federally recognized tribe, according to an executive order signed by President Buu Nygren.
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August 02, 2024
8th Circ. Says Mining Co. Can't Escape Peruvians' Claims
The Eighth Circuit refused to overturn a ruling greenlighting litigation filed by more than 1,400 Peruvian nationals against U.S. billionaire Ira Rennert and his holding company The Renco Group seeking to hold them liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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August 02, 2024
Full 6th Circ. Won't Allow Worker's Experts Back In Injury Suit
The full Sixth Circuit won't review a panel's decision to toss two expert witnesses a former Marathon Petroleum Co. LP barge worker relied on to support his claims that the company's failure to render prompt and proper treatment contributed to his worsening health.
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August 02, 2024
Cognizant Bribery Trial Delayed Again — Until 2025
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.
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August 02, 2024
Mich. AG Says Enbridge 6th Circ. Rehearing Bid Is Meritless
Michigan Attorney General Dana Nessel is fighting Enbridge Energy's bid for a full Sixth Circuit rehearing on a decision to send a challenge to its Line 5 pipeline back to state court, saying none of the company's arguments against remand are viable.
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August 02, 2024
SEC Narrows Its Rulemaking Focus As Election Looms
The U.S. Securities and Exchange Commission's aggressive rulemaking spree is showing signs of dwindling as November elections loom, although several proposals could be primed for autumn votes if regulators wish to tackle hot-button topics.
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August 02, 2024
Tribes Seek Commission's Help On Canada Mining Policy
A consortium of southeast Alaska tribes is urging the Inter-American Commission on Human Rights to call on Canada and British Columbia to formally consult and obtain their "free, prior and informed consent" ahead of looming permitting decisions for the Eskay Creek gold mine.
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August 02, 2024
Ohio Board Finds Park's Oil, Gas Production Area Tax Exempt
Space at a park in Ohio that is leased to a private entity to produce oil and gas is entitled to a property tax exemption, the state Board of Tax Appeals ruled Friday, saying the lessee's operations were incidental to the park's public purpose.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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New TSCA Risk Rule Gives EPA Broad Discretion On Science
The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.