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Energy
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March 25, 2025
Barretts Says Talc Injury Claims Belong To Ch. 11 Estate
Talc miner Barretts Minerals Inc. sought a Texas bankruptcy court's determination that talc injury claims based on inadequate asbestos testing are property of the estate in its Chapter 11 case, saying the question is a crucial hurdle as the company mediates a potential settlement with its affiliates, unsecured creditors and the future claims representative.
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March 25, 2025
Baltimore Bridge Collapse: One Year Later
Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.
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March 25, 2025
Venezuelan Law Invalidates $2B Bonds, PDVSA Argues
Venezuela's state-owned oil company is fighting back against efforts by creditors to enforce some $2 billion in defaulted bonds, dismissing as "illogical" the creditors' argument that the underlying bond documents were exempt from a requirement for National Assembly approval.
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March 25, 2025
Canadian Miner Faces Deadline Over $10M Romania Award
A cash-strapped Canadian mining company is nearing a deadline to put up security for an approximately $10 million costs award issued to Romania after the country prevailed in the company's $4.4 billion arbitration over a blocked gold and silver mining project.
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March 25, 2025
North Carolina OSHA 'Incentive' Suit Dismissed Again
North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.
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March 25, 2025
Industry Backs BlackRock Over States' 'Crippling' Coal Suit
Two leading financial industry groups are throwing their support behind BlackRock Inc. and two other asset managers fighting a state-backed antitrust suit over their coal company investments, with one group arguing that forcing the firms to divest would have "crippling effects" for tens of millions of American investors.
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March 25, 2025
Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.
Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.
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March 25, 2025
Edison Shareholder Latest To Sue Utility Brass Over Eaton Fire
Southern California's Eaton Fire could have been prevented had directors and officers of Southern California Edison's parent company not breached their duty to mitigate fire risks, especially in light of the public utility's "unfortunate long history" of improperly maintaining equipment, according to a new derivative shareholder filed in California state court.
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March 25, 2025
Utah Tribe 'Doubled-Down' In Bidding Scheme Row, Court Told
Utah Gov. Spencer Cox and other state officials are asking a federal court to dismiss a challenge by the Ute Indian Tribe that accuses them of a racist bidding scheme to prevent a land purchase just outside its reservation, arguing that its claims are precluded by federal law.
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March 25, 2025
Ship Co. Targets Vessel Seizure In $12M Arbitration Dispute
A U.S. shipping charter firm that specializes in the offshore wind market has urged a Mississippi federal court to let it seize a deep-sea motor vessel as it looks to enforce more than $12 million of arbitral awards against a Mexican maritime company.
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March 25, 2025
AI Clean Energy Co.'s Execs Get Shareholder Suit Axed
Leaders of artificial intelligence-driven clean energy company Stem Inc. have avoided, for now, a suit accusing them of misleading investors ahead of a merger, with the court ruling the suit is a "puzzle pleading" that does not sufficiently justify why certain statements should be considered fraudulent.
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March 25, 2025
Split 10th Circ. Finds Arbitrator Went Too Far With USW Award
A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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March 25, 2025
Colo. Judge Rejects Sanctions Against Oil Co. In Patent Fight
A Colorado federal judge said Tuesday that an oil and gas equipment company was in no position to seek sanctions against a competitor after making "contradictory and potentially unfounded" arguments in a patent fight, rejecting a magistrate judge's finding that the competitor violated a disclosure rule.
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March 25, 2025
Con Ed To Enact Reforms To Settle NY AG's Bias Case
New York utility provider Consolidated Edison Inc. will pay $750,000 and implement a series of workplace reforms to resolve an investigation that found it allowed widespread discrimination and harassment of female and nonwhite employees, state Attorney General Letitia James said Tuesday.
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March 25, 2025
Colo. Atty Gave $2M Mineral Rights To Other Client, Suit Says
The special district for a Colorado residential community has sued its former lawyer and firms White Bear Ankele Tanaka & Waldron PC and Spencer Fane LLP for malpractice, claiming the attorney failed to secure its mineral rights, instead executing a deal that favored one of Spencer Fane's other clients.
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March 25, 2025
Nelson Mullins Welcomes Alt Energy Transactions Atty In NY
Nelson Mullins Riley & Scarborough LLP is bringing a Clean Energy Counsel attorney to its New York office, touting his more than three decades of experience with distributed and utility-scale energy and infrastructure projects in the United States and Latin America, especially in renewable and alternative energy finance and development.
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March 25, 2025
Kirkland Adds 31-Year V&E Energy Group Veteran
A longtime Vinson & Elkins LLP attorney, who spent the past 31 years there working on energy regulatory matters related to natural gas and the electric power industry, has moved his practice to Kirkland & Ellis LLP.
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March 24, 2025
Contrarian Unit's $3.7B Bid For Citgo Faces Opposition
The special master overseeing the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt is recommending a federal judge proceed with a floor-setting bid of $3.699 billion submitted by an affiliate of Contrarian Capital Management, with the recommendation already meeting resistance.
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March 24, 2025
Michigan Tribes Exit Line 5 Talks, Citing 'Energy Emergency'
Six Michigan tribes are withdrawing as cooperating agencies in the U.S. Army Corps of Engineers' environmental evaluation of Enbridge Energy's permit application for its Line 5 oil project tunnel in the Straits of Mackinac after they said a Trump administration executive order will likely fast-track its approval.
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March 24, 2025
Canadian Miner Now Seeks $1B From Mexico Over Project
A Canadian mining company has quintupled the amount it's seeking in damages from Mexico in arbitration over the loss of its precious metals project, saying it now wants $1 billion due to the country's breach of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
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March 24, 2025
Ore. Tribe Backs Hydro Utility's Eminent Domain Bid At Falls
The Confederated Tribes of Siletz Indians has asked an Oregon federal judge to approve a utility company's attempt to condemn five acres of public land for the operation of a hydroelectric project, saying another tribe believes wrongly that condemnation would eliminate its fishing platform.
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March 24, 2025
Skadden, Latham Lead Crypto Platform EToro's IPO Filing
Crypto-friendly trading platform eToro Group Ltd. on Monday publicly filed its long-awaited plans for an initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP.
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March 24, 2025
Ex-Pioneer CEO's Federal Case Against FTC Paused
A Texas federal court agreed Monday to pause a lawsuit from the former CEO of Pioneer Natural Resources accusing the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon's board until there's a decision in the administrative case.
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March 24, 2025
Judge Won't Stop Calif. Offshore Lease Fight For Gov't Redo
A California federal judge has refused to pause litigation challenging extensions for offshore oil and gas leases in the area of a 2015 pipeline spill, saying she wasn't convinced that the U.S. Department of the Interior would seriously reconsider its decision.
Expert Analysis
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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What Nearshoring Growth In Americas Means For Patents
With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.
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Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Proactively Managing Tariff Impacts On Megaprojects
President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
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New York Climate Superfund Law May Face Preemption Fight
New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.