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Energy
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June 21, 2024
Ex-Cognizant Execs Keep Pushing For Debevoise Testimony
Former Cognizant Technology Solutions executives have pushed back on Debevoise & Plimpton LLP's bid to quash a subpoena seeking testimony from a firm partner for their upcoming bribery trial in New Jersey federal court, saying that the testimony would be relevant and that any potential privilege arguments have already been waived.
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June 21, 2024
6th Circ. Says Counties Not On Hook For Mich. Dam Collapse
A Sixth Circuit panel agreed that two Michigan counties can't be forced to compensate homeowners for destructive flooding caused by a dam's collapse, finding Thursday that the counties did not cause the damage to the homeowners' properties.
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June 21, 2024
Taxation With Representation: Travers Smith, Potamitis Vekris
In this week's Taxation With Representation, RSK Group Ltd. gets a £500 million ($632 million) investment, Boston Scientific Corp. acquires Silk Road Medical Inc., Masdar takes a part of Terna Energy SA, and Tate & Lyle PLC buys CP Kelco from JM Huber Corp.
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June 21, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.
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June 21, 2024
Feds Offer $850M To Slash Methane From Oil And Gas
The Biden administration on Friday unveiled the latest prong of its multifaceted plan to cut methane emissions from the oil and gas sector: $850 million worth of federal funding for projects that monitor, measure and reduce emissions from oil and gas infrastructure.
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June 21, 2024
Taft Expands Energy Group With Barnes & Thornburg Attys
Taft Stettinius & Hollister LLP has expanded its energy group with the addition of two partners in Indiana from Barnes & Thornburg LLP.
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June 20, 2024
Zimbabwe Says $50M Mining Award Can't Be Enforced
The Republic of Zimbabwe is urging the D.C. Circuit to overturn a ruling forcing it to face litigation to enforce a decade-old $50 million arbitral award stemming from a soured mining deal, arguing that a lower court mistakenly rejected its sovereign immunity defense.
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June 20, 2024
Sunnova Execs Committed Insider Trading, Shareholder Says
A shareholder says solar energy company Sunnova Energy International Inc.'s executives lied about the company's predatory sales practices and opened the company up to securities litigation and heat from regulators, telling a Texas federal court Thursday that the executives breached their fiduciary duties.
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June 20, 2024
6 Firms Build Hydrogen Developer's $1.6B SPAC Merger
Chinese hydrogen solutions company United Hydrogen Group Inc. on Thursday announced plans to go public through a merger with special-purpose acquisition company Aimei Health Technology Co. Ltd. in a deal that values the combined business at roughly $1.6 billion on a pro forma basis and was built by six law firms.
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June 20, 2024
Ford Battery Factory Challenge Unplugged By Mich. Panel
Michigan appellate judges affirmed the dismissal of a lawsuit seeking to block Ford Motor Co.'s plans to build an electric vehicle battery plant in the state, finding the factory's opponents weren't entitled to a citywide vote on the rezoning of the plant site.
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June 20, 2024
Carbon Capture Struggles Doom EPA Rule, DC Circ. Told
Challengers of the U.S. Environmental Protection Agency's new greenhouse gas emissions standards for power plants reiterated to the D.C. Circuit that the impossibility of rapidly installing carbon capture and sequestration at power plants is reason enough to block the rule's implementation.
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June 20, 2024
SEC Says Supposed Mining Co. Lacked Any Mining Claims
The U.S. Securities and Exchange Commission has filed a suit in Colorado federal court against a purported natural resource development and mining company and its executives, accusing them of lying about acquiring mining rights in an attempt to sell its shares.
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June 20, 2024
Federal Agencies Release Updated Climate Adaptation Plans
More than 20 federal agencies on Thursday published updated climate adaptation plans that are intended to serve as guides for facing problems like extreme heat and precipitation, sea level rise, flooding and wildfire that could put facilities, supply chains and employees at risk.
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June 20, 2024
Skadden, Weil Guide Honeywell's $1.9B Defense Tech Co. Buy
Honeywell International Inc. said Thursday it plans to acquire defense electronics company CAES Systems Holdings LLC in a $1.9 billion all-cash deal guided by Skadden Arps Slate Meagher & Flom LLP and Weil Gotshal & Manges LLP that Honeywell said would enhance its radio frequency technology offerings for military aircraft, missiles and drones.
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June 20, 2024
5 Firms Build Masdar's $3.4B Buy Of Greek Energy Biz
United Arab Emirates renewable energy company Masdar on Thursday unveiled plans to acquire two-thirds of Greek clean energy platform Terna Energy SA in a deal that boasts a €3.2 billion ($3.4 billion) enterprise value and was built by five law firms.
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June 20, 2024
Parties Reach Resolution Ending Ga. Shipwreck Suit
An agreement has been reached ending a lawsuit brought against the companies that owned, chartered, operated and salvaged the MV Golden Ray, a cargo ship that capsized off Georgia's coast, according to a joint stipulation filed Tuesday in Georgia federal court.
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June 18, 2024
Tesla Can't Beat 'Right-To-Repair' Monopoly Suit This Time
Tesla must face an amended proposed class action alleging the company runs an unlawful monopoly on parts for its electric vehicles, a California federal judge has ruled, finding that the plaintiffs have addressed issues in their previously dismissed complaint.
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June 18, 2024
'Reckless' Behavior Centered In Climate Coverage Suit Args
Attorneys for a Sunoco subsidiary and AIG offered sharply differing views to Hawaii's top court Tuesday in oral arguments over whether reckless behavior would trigger the oil company's liability coverage in a novel suit over coverage for underlying climate change claims.
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June 18, 2024
Nuke Regulator Asks High Court To Review Atomic Waste Rule
The U.S. Nuclear Regulatory Commission has asked the U.S. Supreme Court to reverse a contentious Fifth Circuit decision that barred it from issuing a license to a temporary nuclear waste storage facility in Texas, saying that the circuit court widened circuit splits and upended decades of agency practice.
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June 18, 2024
Green Group Insists It Can Fight Colo. Air Plan Approval
The Center for Biological Diversity told the Tenth Circuit it didn't forfeit its challenge to the U.S. Environmental Protection Agency's approval of a Colorado air emissions permitting program and that the agency is wrong to assert otherwise.
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June 18, 2024
9th Circ. Asked For En Banc Review In Youths' Climate Case
Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.
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June 18, 2024
Blue States And Enviro Groups Back DOE Furnace Rule
Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.
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June 18, 2024
Steel Co. Says Cambodian Hangers Are Skirting Hefty Duties
A domestic hanger manufacturer accused its foreign rivals of skirting steep antidumping and countervailing steel tariffs by shipping hangers made with Chinese and Vietnamese steel from Cambodia.
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June 18, 2024
A&O Shearman Corporate Finance Atty Rejoins Norton Rose
Norton Rose Fulbright has welcomed back a corporate finance partner in its Houston office, the global firm announced Tuesday, part of an ongoing push to add lateral hires across office locations and practices, firm leaders said.
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June 18, 2024
Musk Pay Claims Still Alive After Texas Vote, Chancery Told
Attorneys for Tesla stockholders who won a Court of Chancery order voiding CEO Elon Musk's mammoth stock-based compensation plan in January are rejecting as having no legal effect a vote last week to ratify the same 10-year package, once valued at $56 billion.
Expert Analysis
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Opinion
New La. Gas Pipeline Projects Must Respect Rules And Rights
As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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Del.'s Tesla Pay Takedown Tells Boards What Not To Do
The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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3 Administrative Law Lessons From 5th Circ. Appliance Ruling
Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.
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Aviation Back On Course, But Keep Seat Belts Fastened
While the airline industry finally returned to profitability last year for the first time since the onset of COVID-19, and is poised for historic levels of traffic in 2024, supply chain problems and economic and geopolitical uncertainty persist — so more turbulence may lie ahead, say Kevin Lewis and Bart Biggers at Sidley.
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Employer Trial Tips For Fighting Worker PPE Pay Claims
Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Harmonizing Agricultural And Clean Energy Goals
Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.
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CFTC Moves May Boost Interest In Voluntary Carbon Markets
As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.