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Energy
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July 05, 2024
Judge Says Michigan Not Immune From Enbridge's Line 5 Suit
A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Trade Groups Sue Denver Over Gas Stove Ban
A coalition of trade groups representing the restaurant, home construction, rental housing and propane gas industries have claimed in Colorado federal court that two Denver ordinances that restrict the use of gas appliances can't be enforced because they're preempted by federal law.
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July 05, 2024
FCA Delaying Answers In Exploding Van MDL, Drivers Say
Drivers alleging Chrysler hybrid minivans contain a defect that causes them to explode are urging a Michigan federal court to force the automaker to identify specific vehicles that caught fire after it purportedly fixed them in a recall, claiming the company has ignored its requests for information for more than five months.
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July 05, 2024
2024 Global M&A, Mega-Deal Values Outpacing 2023
Dealmakers and the attorneys who represent them came into 2024 with a sense of cautious optimism about the mergers and acquisitions market.
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July 05, 2024
Manufacturing Co., Trustee Can't Escape ESOP Fight
An Arkansas federal judge refused Friday to toss a lawsuit against a manufacturing company and the trustee of its employee stock ownership plan from ESOP participants alleging mismanagement, finding allegations that a $40 million debt-financed purchase of company stock violated federal benefits law should proceed to discovery.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Glencore Gets Canadian OK For $7B Buy Of Steelmaking Biz
Glencore PLC said Friday that Canada has given it the go ahead for its $6.93 billion acquisition of the steelmaking coal business of Teck Resources Ltd., clearing the final hurdle for the Anglo-Swiss commodities and mining giant.
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July 03, 2024
Enviva Execs Individually Escape ESG Investor Action
A Maryland federal judge dismissed several executives and underwriters for wood pellet giant Enviva Inc. from a proposed securities class action seeking recompense for stock drops over reports they "greenwashed" claims of sustainability, saying the suit failed to show the defendants made conscious misstatements.
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July 03, 2024
McKinsey Can Exit Rival's Bankruptcy Conflicts RICO Suit
A Manhattan federal judge Wednesday tossed a lawsuit brought by the founder of turnaround consultant AlixPartners accusing rival McKinsey & Co. of intentionally failing to disclose disqualifying conflicts of interest in big bankruptcy cases, saying the founder doesn't have standing to sue under the Racketeer Influenced and Corrupt Organizations Act.
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July 03, 2024
Alaskan Tribe Says It Can't Get Access To Burial Site
The governing body of an Alaska Native Tribe is suing several state entities and the Federal Aviation Administration, claiming they are preventing the tribe from performing excavations of archaeological artifacts and ancestral remains found during construction of an airport runway.
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July 03, 2024
NYC Pensions Defeat Challenge To Fossil Fuel Divestments
A trio of New York City pension plans on Wednesday beat a lawsuit claiming they'd damaged public employees' retirement funds by removing $3.9 billion from investments in fossil fuels, with a New York state judge ruling the workers hadn't shown they'd been harmed by the divestments.
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July 03, 2024
Canadian IPO Market Remained Largely 'Deserted' In First Half
Only 12 companies completed initial public offerings on Canadian exchanges in the first half of 2024 — half of which were actual operating businesses — continuing a multiyear decline in new listings for Canada, new data shows.
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July 03, 2024
Solar Biz Says Duty Circumvention Probe Ignored Contractors
A solar importer urged the trade court to unwind the U.S. Department of Commerce's expansion of duties on Chinese solar products to Cambodian goods, alleging flaws with how the department assessed how much manufacturing occurred in Cambodia.
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July 03, 2024
Oil Trading Cos. Ink 'Simple' $13.9M Deal In Gas Price Rig Suit
Oil trading companies Vitol and SK Energy have agreed to shell out $13.9 million to resolve a consolidated proposed class action alleging that they plotted to artificially inflate California gas prices following an ExxonMobil explosion in 2015, buyers told a California federal judge.
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July 03, 2024
Markel Drops Suit Over Law Firm's Malpractice Coverage
A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Debevoise Can't Avoid Testifying In Ex-Cognizant Execs' Trial
A New Jersey federal judge denied Tuesday a bid by Debevoise & Plimpton LLP to quash a subpoena seeking testimony from a firm partner for the coming bribery trial of two former Cognizant Technology Solutions Corp. executives.
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July 02, 2024
Tribal Nations Want In On Red States' Water Rule Dispute
Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.
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July 02, 2024
4th Circ. Nixes Black Lung Benefits For American Energy Miner
The Fourth Circuit on Monday upended an award of black lung benefits to the widow of a miner who worked for American Energy LLC, saying it was the widow's responsibility to prove that coal dust exposure, more than smoking, is what caused his respiratory disease.
Expert Analysis
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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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.