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Energy
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February 18, 2025
Gas Co. Venture Global Faces Suit Over IPO Disclosures
Liquefied natural gas company Venture Global was hit with a proposed class action alleging the company raised $1.75 billion in its initial public offering last month without disclosing legal issues it is facing from oil companies Shell and BP.
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February 18, 2025
Torrent Of Eaton Fire Suits Call For Organization, Judge Says
A Los Angeles judge said Tuesday that discovery into the cause of last month's devastating Eaton Fire should wait until dozens of related suits against Southern California Edison have been organized and can "proceed efficiently and fairly."
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February 18, 2025
Magnetics Co. Loses Constitutional Grounds Dismissal Bid
A Kentucky federal judge on Tuesday refused to dismiss certain claims against a magnetics manufacturer and its executives, finding the assertion that technical-data licensing requirements are unconstitutionally vague needs more examination at trial.
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February 18, 2025
Houston Energy Co. Settles Claims Over Utah Plant Turbines
Houston clean energy company Fervo Energy Co. has settled its claims with a geothermal equipment supplier it accused of threatening to file a patent infringement lawsuit if it didn't win a bid to supply turbines for Fervo's Utah power plant.
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February 18, 2025
State AGs Can't Yet Block Musk From Accessing Agency Data
A Washington, D.C., federal judge on Tuesday denied a motion from 14 state attorneys general for an emergency order to stop Elon Musk and his Department of Government Efficiency from accessing data systems at seven federal agencies or enacting mass firings of those agencies' employees.
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February 18, 2025
'ComEd Four' Look To Halt Case After Trump FCPA Order
Four former Commonwealth Edison CEO executives and lobbyists convicted of conspiring to bribe ex-Illinois House Speaker Michael Madigan asked a federal judge on Monday to stay all proceedings in their case, citing an executive order from President Donald Trump they claim could lead to the dropping of Foreign Corrupt Practices Act charges.
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February 18, 2025
Career FERC Atty, Enforcement Leader Joins McGuireWoods
Following a 16-year career at the Federal Energy Regulatory Commission that spanned myriad leadership roles, the former deputy director of the agency's enforcement wing has moved his practice to McGuireWoods LLP, the firm announced Tuesday.
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February 18, 2025
Int'l Arbitration Attorney Returns To Quinn Emanuel As Partner
Quinn Emanuel Urquhart & Sullivan LLP announced Tuesday that an ace international arbitration attorney and former associate has rejoined the firm as a partner in New York.
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February 18, 2025
DOJ Noncommittal On Cognizant Bribe Trial Amid FCPA Order
In the wake of President Donald Trump's Feb. 10 executive order pausing enforcement of the Foreign Corrupt Practices Act, prosecutors told a federal judge Monday that they are preparing for a March 3 trial in their charges alleging two former executives of Cognizant Technology Solutions Corp. authorized a bribe to an Indian official, but that the case is under review.
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February 18, 2025
Energy Group Of The Year: Kirkland
Kirkland & Ellis LLP's energy attorneys led EQT Corp. in its $35 billion merger with Equitrans Midstream Corp. and counseled Global Infrastructure Partners in its $12.5 billion acquisition by BlackRock Inc., earning the team a place among the 2024 Law360 Energy Groups of the Year.
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February 18, 2025
Diamondback Buys Midland Assets For $3B Cash Plus Stock
Kirkland & Ellis LLP-advised oil and natural gas company Diamondback Energy Inc. on Tuesday announced plans to buy Midland Basin assets from Vinson & Elkins LLP-led Double Eagle IV Midco LLC. in a cash-and-stock deal that includes a $3 billion cash payment.
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February 14, 2025
Loper Bright Doesn't Sink ESG Rule, Texas Judge Says
A Texas federal judge again upheld a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, ruling that the rule was still valid despite the U.S. Supreme Court doing away with a decades-long approach to interpreting statutes.
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February 14, 2025
Feds Seek Stay Of States' Methane Suit, Citing Trump Order
The federal government has requested a pause on North Dakota and other states' challenge to a Bureau of Land Management methane waste rule, saying a stay is appropriate because the rule is under review following President Donald Trump's "Unleashing American Energy" executive order.
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February 14, 2025
States Move To Block Musk From Taking Over Gov't Agencies
Fourteen state attorneys general Friday sought an emergency order in D.C. federal court to stop Elon Musk and his U.S. DOGE Service Temporary Organization from exercising "unprecedented" authority over federal agencies, arguing that as an unelected, unconfirmed official, Musk has "taken the helm" of the federal government in violation of the U.S. Constitution.
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February 14, 2025
Demise Of Humphrey's Executor Could Sow Chaos At FERC
The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.
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February 14, 2025
4th Circ. To Hear Deloitte Appeal Of SCANA Class Cert. Ruling
The Fourth Circuit has agreed to hear a case that could overturn the class status of SCANA Corp. investors accusing Deloitte of issuing misleading audit reports about the progress being made on a failed $9 billion nuclear energy project, saying it would hear arguments over whether a U.S. Supreme Court model on damages was properly applied to the class certification order.
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February 14, 2025
Ex-Fla. Rep's Associate Wants Sanctions For 'Sham' Lawsuit
An associate of David Rivera has asked for sanctions against the former Florida congressman and his attorney, arguing that Rivera's suit accusing him of disclosing a confidential legal memorandum to law enforcement is "a complete sham" contrived to get discovery Rivera is not entitled to in the criminal proceeding in which he is accused of unlawfully lobbying on behalf of Venezuela.
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February 14, 2025
Solar Tech Co. SunPower Beats Investor Suit Over Defects
A California federal court has permanently dismissed an investor's suit alleging solar power equipment company SunPower concealed product defects in order to maintain artificially high share prices, saying the investor has not established SunPower knew or could have known its statements were false when made.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
Old Permits Irrelevant To Pollution Controls, Texas Justices Say
The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.
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February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts
The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
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February 14, 2025
Colo. Judge Upholds $2M Agency Fine For Oil Co.'s Offenses
A Colorado judge has found that state regulators were within their powers to revoke an agreement with an oil and gas company and impose a nearly $2 million fine that could shut the firm down after finding it engaged in "wide-spread, systemic, repeated" rule violations.
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February 14, 2025
EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order
The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.
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February 14, 2025
Houston Energy Co. Stiffed For Cleanup Costs, Court Told
A Houston energy company refused to decommission a toppled oil and gas platform in the Gulf of Mexico and then failed to pay up when another party got stuck with the cleanup duty, an oil company has told a Texas federal court.
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February 14, 2025
Enviro Groups Back EPA On Challenged PFAS Superfund Rule
Conservation groups are urging the D.C. Circuit to deny a string of industry challenges to the U.S. Environmental Protection Agency's decision to designate two "forever chemicals" as hazardous substances under the federal government's Superfund law, arguing that they have no merit.
Expert Analysis
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.
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The Unfolding Potential of Green Hydrogen In Brazil
A new federal law in Brazil establishing a legal framework for hydrogen development is the country's latest step toward creating a favorable environment for green hydrogen production, but significant challenges — including high production costs, technological hurdles and a lack of infrastructure — remain, says David Andrew Taylor at Almeida Advogados.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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A Shift In Control Of Congress May Doom These Enviro Regs
If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Jarkesy May Short-Circuit FERC Enforcement Cases
As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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High Stakes In Justices' Review Of Clean Air Act Venue Fights
Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.