Energy

  • August 05, 2024

    SEC Nabs $1M Default Win Against Fuel Tech Co.

    A fuel and gas company previously known as Taronis Technologies Inc. must pay a $1 million civil penalty after disregarding U.S. Securities and Exchange Commission allegations it touted nonexistent or exaggerated customer relationships with big customers, including Turkey's government and food processor Smithfield.

  • August 05, 2024

    Petrobras Manipulating US Law For $2B, 5th Circ. Hints

    A Fifth Circuit judge accused a Brazilian state-owned oil company subsidiary of "hiding behind the corporate structure," saying during oral arguments on Monday that subsidiary Petrobras America Inc. was seemingly manipulating American law for treble damages totaling nearly $2 billion stemming from allegations of bribery.

  • August 05, 2024

    Star Peak Shareholders Consolidate And Amend Class Action

    Mix-and-match attorney teams will lead and manage a proposed class stockholder suit alleging damages from the blank check company deal that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021, Delaware's chancellor has ruled.

  • August 05, 2024

    Ivory Coast Can't Enforce $12M Award In Fla., Oil Co. Says

    A Nigerian oil company sued by the Ivory Coast to enforce a $12 million arbitration award over a distribution joint venture has told a Florida federal court that the lawsuit must be dropped, saying the oil company has no ties to the Sunshine State.

  • August 05, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 180 times in July on issues ranging from rural broadband to Wi-Fi hot spots for schools and libraries, new payment rates for phone call captioning, spectrum for the electric grid, and more.

  • August 05, 2024

    Former Refiner Can't Dodge Polluted Water Remedy

    A Virgin Islands oil refinery that spewed oil onto neighbors' properties has lost its Third Circuit challenge to a court-ordered program that required it to buy bottled water for residents too poor to buy it themselves.

  • August 05, 2024

    4th Circ. Revives Duke Monopoly Suit, Orders New Judge

    The Fourth Circuit on Monday revived Florida-based NTE Energy Services' lawsuit accusing Duke Energy of squeezing it out of the market in North Carolina, concluding that the lower court should have looked at the big picture of the allegations.

  • August 05, 2024

    5th Circ. Remands $25M Dispute Over Winter Storm Losses

    A Fifth Circuit panel is sending a $25 million dispute between a power trader and a power seller over price-hedging deals that saw losses during Winter Storm Uri back to a district court to determine if the federal court had jurisdiction over the matter.

  • August 05, 2024

    Catching Up With Delaware's Chancery Court

    Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.

  • August 05, 2024

    Transportation Policies To Watch: Midyear 2024 Review

    Rail and aviation safety reforms following recent incidents, stricter vehicle emission standards guiding automakers' gradual pivot to electrification, and the integration of new automation and drone technology are some of the transportation industry's top regulatory priorities to watch in the second half of 2024.

  • August 05, 2024

    Pennsylvania Legislation To Watch In 2024: A Midyear Report

    The Pennsylvania Legislature is following other jurisdictions striving to make social media safer while preserving free speech, and putting stricter limits on "forever chemicals" that had been widely used in firefighting applications and products for resisting stains and stickiness. Here, Law360 looks at some of the Pennsylvania bills attorneys are watching in 2024.

  • August 05, 2024

    PE Firms Carlyle, Quantum Ink $3B Deal For US Power Co.

    Houston-based Quantum Capital Group said Monday it has agreed to purchase Cogentrix Energy, a U.S. independent power producer, from Carlyle for about $3 billion.

  • August 05, 2024

    Latham Helps Woodside Buy Clean Ammonia Biz For $2.4B

    Australian oil and gas giant Woodside Energy will buy OCI NV's low-carbon ammonia facility in Texas for $2.35 billion in cash to help with its transition to cleaner forms of energy, the companies said Monday.

  • August 02, 2024

    Hawaii Inks $4B Maui Wildfires Deal Ahead Of Anniversary

    The state of Hawaii, Charter Communications and the state's largest utility have agreed to shell out $4 billion to resolve hundreds of lawsuits lodged after a deadly wildfire broke out in Maui nearly a year ago, Hawaii Gov. Josh Green announced on Friday.

  • August 02, 2024

    BigLaw Insurer Calls FirstEnergy Ruling Threat To Privilege

    The Attorneys' Liability Assurance Society and the U.S. Chamber of Commerce threw their support Friday behind FirstEnergy's call for the Sixth Circuit to block investors' access to internal investigative documents produced by two BigLaw firms after a $1 billion bribery scandal became public.

  • August 02, 2024

    Del. Chancellor Presses Tesla On Musk Pay Salvage Scheme

    Delaware's chancellor pointed Friday to "zero cases under Delaware law" where stockholders were allowed to ratify a corporate act that had been found to be a breach of fiduciary duty, asking an attorney for Tesla Inc. why she should allow the company to use a post-verdict vote to resurrect Elon Musk's $56 billion stock-based compensation plan.

  • August 02, 2024

    Glancy Prongay To Rep Investors In Landslide Risks Suit

    Glancy Prongay & Murray LLP will represent a proposed class of investors in consolidated litigation alleging a Colorado-based mining company's unsafe practices precipitated a landslide, hurting investors when its trading prices dropped.

  • August 02, 2024

    Judge Won't Enforce $330M In Defaulted Venezuelan Bonds

    A New York federal judge on Thursday declined to enforce some $330 million in defaulted bonds issued by Venezuela's state-owned oil company, relying on a rarely invoked state ban on champerty that prohibits claims brought by entities that acquire a debt solely to pursue enforcement litigation.

  • August 02, 2024

    Iowa, ND Move For Win In NEPA Rule Fight

    States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.

  • August 02, 2024

    Challengers To Ga. Utility Panel Elections Want Another Shot

    The plaintiffs behind a lawsuit that initially succeeded in challenging the allegedly discriminatory method for electing Georgia's Public Service Commission on Thursday asked a federal judge for permission to amend their complaint after the Eleventh Circuit refused to revisit an earlier panel decision upholding the electoral system.

  • August 02, 2024

    Conn. AG Probes Solar Site's 'False' Social Media Ads

    A company running social media ads that claim the government will "cover the cost" of installing solar products is deceiving Connecticut residents and leaving them with a false sense of urgency to claim a benefit that doesn't exist, the state attorney general's office said Friday in announcing an investigation.

  • August 02, 2024

    Commerce Rejects Vietnam's Bid For Market Economy Status

    The U.S. Department of Commerce said Friday that it has rejected Vietnam's request to lift its status as a non-market economy, which would have altered how antidumping duties are calculated on Vietnamese exports.

  • August 02, 2024

    Navajo Restrict Radioactive Transport On Reservation Lands

    For the next six months, no radioactive material can be transported across the Navajo Nation's reservation without prior agreement with the country's largest federally recognized tribe, according to an executive order signed by President Buu Nygren.

  • August 02, 2024

    8th Circ. Says Mining Co. Can't Escape Peruvians' Claims

    The Eighth Circuit refused to overturn a ruling greenlighting litigation filed by more than 1,400 Peruvian nationals against U.S. billionaire Ira Rennert and his holding company The Renco Group seeking to hold them liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.

  • August 02, 2024

    Full 6th Circ. Won't Allow Worker's Experts Back In Injury Suit

    The full Sixth Circuit won't review a panel's decision to toss two expert witnesses a former Marathon Petroleum Co. LP barge worker relied on to support his claims that the company's failure to render prompt and proper treatment contributed to his worsening health.

Expert Analysis

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • In Energy Disputes, Good Arbitration Clauses Are Key

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    Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Breaking Down EPA's Rule On PFAS In Drinking Water

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    Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.

  • Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent

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    The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • Perspectives

    Criminal Defendants Should Have Access To Foreign Evidence

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    A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.

  • EPA Chemical Safety Rule Raises Questions About Authority

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    Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.

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