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Energy
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November 08, 2024
ND Wants To Back Feds In Dakota Access Pipeline Row
North Dakota wants to back the federal government in a challenge by the Standing Rock Sioux Tribe seeking to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing a shutdown would undermine the state's interests in oil and gas regulation activity.
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November 08, 2024
Kentucky Utility Asks High Court To Stay EPA Coal Ash Rule
A Kentucky electric utility called on the U.S. Supreme Court to halt the U.S. Environmental Protection Agency's rule strengthening federal regulations requiring safe management of coal ash dumped at operating and retired power plants, while it appeals the D.C. Circuit's refusal to block the rule.
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November 08, 2024
Landowners Ink $6.5M Deal To Cap Inactive Gas Wells
A group of landowners is asking a West Virginia federal court to approve a proposed settlement that would have Diversified Energy Co. more than quadruple its commitment to plugging inactive gas wells that it obtained from EQT Corp., meaning that it will cap off at least 2,600 wells in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia and Tennessee by 2035.
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November 08, 2024
White & Case Adds Life Sciences IP Atty From A&O Shearman
A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.
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November 08, 2024
Experienced Dealmakers Lead 3 SPACs Raising $365M Total
Three special purpose acquisition companies began trading Friday after pricing initial public offerings that raised $365 million combined under guidance from four law firms, marking the latest sign that more SPACs, particularly those with prior deals under their belts, are willing to test an improving market.
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November 08, 2024
Chancery Rejects $2.4M Fee Request In 'Poison Pill' Case
Cautioning that class attorneys in virtual lookalike settlements shouldn't expect to match big, early fee awards, a Delaware vice chancellor on Friday approved a $300,000 attorney fee — downsized from a $2.4 million request — for those who secured a company agreement to scuttle an overreaching shareholder rights "poison pill."
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November 08, 2024
Judge Will Give Solar Co. $3M Interim Lifeline In Ch. 11
A Delaware bankruptcy judge said Friday she will grant Oya Renewables, a solar energy producer with offices in Boston and Toronto, interim access to $3 million in postpetition funding on offer from its Chapter 11 stalking horse bidder once some final modifications are made.
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November 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.
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November 08, 2024
V&E Reinforces DC Energy Team With Ex-Locke Lord Partner
Vinson & Elkins LLP has hired a longtime Locke Lord LLP partner who represents several natural gas, crude oil and liquids pipeline and storage companies, boosting the firm's energy regulatory practice in Washington, D.C.
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November 08, 2024
MVP: Sidley's Tara Higgins
Tara Higgins, co-leader of Sidley Austin LLP's global energy practice, represented Invenergy as part of the equity financing needed for the $1.5 billion acquisition of a renewables portfolio from American Electric Power, including 14 projects in 11 states, earning her a spot as one of the 2024 Law360 Energy MVPs.
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November 07, 2024
DLA Piper Chile Adds New Dispute Resolution Partner
DLA Piper Chile has welcomed a new partner from Chilean law firm Albagli Zaliasnik to its dispute resolution practice, saying she will focus on civil litigation and arbitration in sectors including energy and finance.
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November 07, 2024
Fed. Circ. Questions Gov't Analysis For Omani Nail Duties
A Federal Circuit panel wrestled Thursday with an Omani steel nail producer's claims that the U.S. Department of Commerce used distorted data to calculate its anti-dumping duties, with judges contemplating whether the alleged agency error was an innocuous one.
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November 07, 2024
W.Va. Coal Mine Held In Contempt Again Over Pollution
A West Virginia federal judge held Lexington Coal Co. in contempt for a third time on Thursday over the company's continued failure to address ionic pollution caused by its coal mining operations in Appalachia, ordering it to pay a $50,000 fine and establish a $100,000 fund to achieve compliance.
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November 07, 2024
NM Tribe Settles Land Claim Dispute With Feds
The Pueblo of Jemez and the U.S. government have settled in New Mexico federal court the tribe's claim on land within the Valles Caldera National Preserve, finally agreeing in the 12-year-old dispute that Jemez has aboriginal title to an area known as Banco Bonito.
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November 07, 2024
Solar Energy Co. Hits Ch. 11 With $100M In Debt, Sale Plans
Oya Renewables, a solar energy producer with offices in Boston and Toronto, has filed for Chapter 11 protection in the Delaware bankruptcy court, disclosing at least $100 million in liabilities — including almost $87 million in funded debt — and plans to sell its assets, while blaming factors such as project delays and litigation for its liquidity crunch.
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November 07, 2024
7th Circ. Sends Refuge Power Line Fight Back To Wis. Judge
A Seventh Circuit panel scrapped stayed preliminary injunctions that temporarily blocked a power transmission line from crossing the Upper Mississippi River National Wildlife and Fish Refuge, directing a Wisconsin federal judge to determine if conservation groups' request for permanent relief is warranted or even possible with the line now built.
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November 07, 2024
Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute
The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.
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November 07, 2024
Attys For Solar Co. Ex-CEO Should Be DQ'd, Plaintiffs Say
The lawyers representing the former CEO of a bankrupt solar energy company should be disqualified, attorneys for the plaintiffs in a suit against him said Wednesday, arguing that the firm had multiple conflicts of interest with its work as in-house counsel for the solar energy company and was intentionally delaying discovery because of its "obvious web of conflicting obligations."
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November 07, 2024
Ex-Cop, Brother Admit Energy Contract Kickback Scheme
A former Massachusetts police officer and his electrician brother pled guilty Wednesday to paying off employees of a utility ratepayer-funded energy savings program administrator who steered $36 million in contracts their way, federal prosecutors said Thursday.
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November 07, 2024
Silicon Carbide Biz Says Researchers Swiped Trade Secrets
Silicon carbide technology company Wolfspeed Inc. is going after two former higher-ups in its research and development department for allegedly taking trade secrets to a rival, according to a newly filed state Business Court complaint.
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November 07, 2024
Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict
A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.
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November 07, 2024
MVP: Jenner & Block's Matthew E. Price
Matthew E. Price of Jenner & Block LLP's energy practice helped persuade a Pennsylvania federal court to overturn a state commission's denial of a transmission line project that the Federal Energy Regulatory Commission said would reduce regional congestion, earning him a spot as one of the 2024 Law360 Energy MVPs.
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November 06, 2024
Treasury Expands Sanctions On Bosnian Patronage Network
The U.S. Department of the Treasury's Office of Foreign Assets Control announced new sanctions on Wednesday against an individual and entity that allegedly support a corrupt patronage network in Bosnia and Herzegovina which is attempting to evade other initiated sanctions.
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November 06, 2024
Trump's Win Likely To Spur Deals For Capital Markets Attys
Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.
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November 06, 2024
Calif. Truckers Seek Scrub Of State's New Emissions Rule
The California Trucking Association is asking a federal court in the state to give it a win in its challenge to the California Air Resources Board rule requiring that they switch to zero-emissions vehicles, saying the rule is preempted because it will impact trucking rates and routes.
Expert Analysis
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Supreme Court Must Halt For-Profit Climate Tort Proliferation
If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.