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Energy
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March 10, 2025
DOT Pulls Biden Enviro Justice Highway Funding Policy
The U.S. Department of Transportation on Monday rescinded Biden-era memorandums that advised state and local agencies receiving funds from 2021's Bipartisan Infrastructure Law to prioritize highway, road, bridge and other projects that promoted social justice or climate resiliency goals.
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March 10, 2025
Anadarko Says Partner Waived Arbitration With Oil Well Suit
Anadarko Petroleum Corp. has urged a Texas court to reject its partner's bid to arbitrate a dispute over an oil well on the outer continental shelf, alleging a since-abandoned lawsuit by the partner company forecloses any arbitration rights it may have had.
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March 10, 2025
DOJ Defends Musk's Influence Against States' Challenge
The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.
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March 10, 2025
Tribe Says BNSF Can't Derail $400M Trespass Judgment
A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."
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March 10, 2025
Ga. Judge Rejects 'Futile' Bid To Amend Utility Commish Suit
A Georgia federal judge has refused to revive a lawsuit that challenged the legality of how the state elects members of its utility commission, calling residents' bid to amend the suit — after an initial win was nixed by the Eleventh Circuit — "unduly delayed, inherently prejudicial, and futile."
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March 10, 2025
Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant
An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.
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March 10, 2025
4th Circ. Reverses $10M Coverage Cap For Aluminum Co.
The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.
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March 10, 2025
Whitecap Merging With Veren In $10.4B Oil & Gas Deal
Whitecap Resources Inc. said Monday it will merge with fellow Canadian oil and gas company Veren Inc. in an all-stock deal valued at CA$15 billion (US$10.4 billion) including debt.
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March 10, 2025
Early Signs Point To 'Vigorous' Trump Antitrust Regime
Early signals from the Trump administration suggest a continued "vigorous" approach to merger enforcement, despite expectations of a more business-friendly environment, panelists said Friday at the annual Tulane Corporate Law Institute.
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March 10, 2025
Ex-Cognizant Execs Support 180-Day Trial Delay In FCPA Case
Two former Cognizant Technology Solutions Corp. executives have told a New Jersey federal judge they agree with prosecutors that their bribery trial should be delayed for 180 days after the Trump administration paused enforcement of the Foreign Corrupt Practices Act.
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March 10, 2025
Justices Reject Red-State Bid To End State Climate Torts
The U.S. Supreme Court on Monday refused to consider a request from red states to stop climate change torts against fossil fuel companies brought by blue-state governments.
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March 07, 2025
Ga. PFAS Liability, DEI Bills Among Those To Not 'Crossover'
Georgia lawmakers failed to push forward legislation that would have reduced corporate liability for PFAS contamination, would have given voters a say on whether to legalize sports betting and curbed diversity initiatives in schools, after having previously passed bills to advance the governor's tort reform agenda.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
Occidental Prevails In Ex-Anadarko Worker's Severance Fight
A Texas federal judge granted an early win Friday to Anadarko Petroleum's severance plan and benefits committee in an ex-executive's suit alleging he was owed severance after an acquisition by Occidental Petroleum in 2019, finding the petroleum giant's decision to deny benefits wasn't an abuse of discretion.
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March 07, 2025
GAO Says Congress Can't Undo Calif. Emissions Waivers
The U.S. Government Accountability Office is weighing in against the Trump administration's effort to team up with Congress to take away California's ability to set its own greenhouse gas emissions standards for vehicles.
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March 07, 2025
Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit
A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.
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March 07, 2025
No Ch. 11 Plan Stay For Ex-Eletson Owners
A New York bankruptcy judge has declined to pause Greek shipping group Eletson Holdings' Chapter 11 plan while its former owners appeal the plan's confirmation, handing the company's current management a win as they seek to compel the ex-leadership to enforce the plan.
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March 07, 2025
Ukraine Off The Hook For European Import Duties On Steel
The European Commission on Friday proposed a year's extension to its exemption of duties for steel imports from Ukraine, in support of the country's economy following Russia's "unprovoked and unjustified war of aggression," it said in a statement.
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March 07, 2025
Tariffs, Diversity And DOGE Dominate Trump 2.0 'Risk Factors'
Public companies are busily reworking risk disclosures since the arrival of President Donald Trump's second administration, seeking to walk a fine line of being upfront with investors about potential threats to business despite vast legal and policy uncertainties.
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March 07, 2025
Nikola's Ch. 11 Sale Timeline Gets Court Approval
Bankrupt electric vehicle and hydrogen fueling technology maker Nikola Corporation received approval Friday in Delaware for its proposed bidding procedures, which seek to conduct an auction for its asset in a month's time.
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March 07, 2025
Clifford Chance Adds Ex-Latham Energy Financing Pro In NY
Energy and infrastructure financing attorney Gianluca Bacchiocchi has returned to Clifford Chance LLP as a partner on its global financial markets team after a four-year run at Latham & Watkins LLP.
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March 07, 2025
Taxation With Representation: Kirkland, Wachtell, Skadden
In this week's Taxation With Representation, Walgreens Boots Alliance goes private via a deal with Sycamore Partners, Honeywell buys Sundyne from Warburg Pincus, and Jazz Pharmaceuticals acquires Chimerix.
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March 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an Iranian oil company sued for $95 million, Betfred hit with a lawsuit from a property company and NHS England face a human rights claim brought by a man detained under the Mental Health Act for over 20 years. Here, Law360 looks at these and other new claims in the U.K.
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March 06, 2025
Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills
With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.
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March 06, 2025
Judge Says He's 'Wrestling' Over Int'l Aid Freeze Injunction
A D.C. federal judge said Thursday he was still "wrestling" over a requested preliminary injunction that would stop the federal government from terminating foreign assistance grants and contracts en masse, questioning plaintiff organizations on their assertions of standing and the government's claims of "unreviewable" executive power over foreign affairs.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.