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Energy
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February 21, 2025
Taxation With Representation: Kirkland, V&E, Cravath, Dechert
In this week's Taxation With Representation, Diamondback Energy buys Midland Basin assets from another oil and natural gas company, GTCR closes its second strategic growth fund, Light & Wonder Inc. buys Grover Gaming's assets, and Barings acquires Artemis Real Estate Partners.
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February 21, 2025
Cognizant Bribery Case Will Go To Trial Despite FCPA Pause
Prosecutors told a New Jersey federal court on Friday that they intend to proceed to trial against two former executives of Cognizant Technology Solutions Corp. following President Donald Trump's Feb. 10 executive order pausing enforcement of the Foreign Corrupt Practices Act.
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
Trump Admin Must Obey Order To Restore Aid, Judge Says
A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.
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February 20, 2025
Dems Blast 'Reckless' Nuclear Security Worker Firings
Seven Democratic legislators sent a letter to newly confirmed Energy Secretary Chris Wright on Thursday pressing for answers as to why the Department of Government Efficiency fired hundreds of National Nuclear Security Administration staff members, calling it a "reckless decision."
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February 20, 2025
Ex-Rio Tinto CFO Must Keep Fighting SEC Fraud Case
A New York federal judge on Thursday refused to throw out the U.S. Securities and Exchange Commission's suit accusing Rio Tinto PLC's former chief financial officer of violating accounting and auditing rules, ruling that certain claims should be decided by a jury.
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February 20, 2025
Better Process Not Certain As White House Loses NEPA Regs
The White House says it rescinded National Environmental Policy Act regulations in an effort to "expedite and simplify" the federal permitting process, but attorneys say the immediate effect of the move will likely be to confuse agencies and slow down project approvals.
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February 20, 2025
FERC Chair Seeking More Clarity On Scope Of Trump Order
Federal Energy Regulatory Commission Chairman Mark Christie downplayed concerns Thursday that a recent executive order from President Donald Trump will erode the agency's authority, but acknowledged that it's unclear how much the order seeks to involve the White House in FERC's operations.
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February 20, 2025
Select SPAC Targets Are Soaring Ahead Of The Pack
A select breed of companies that went public through mergers with special purpose acquisition companies are performing well lately — hailing mostly from a few specific industries — in stark contrast to the vast majority of SPAC merger targets that have flopped over the past few years, according to data released on Thursday.
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February 20, 2025
Del. Chief Justice Targets Social Media's Pressure On Courts
Acknowledging that "some of those who lose don't take it well" and have tools to "cause judges great pain," Delaware's chief justice told a state budget panel Thursday that social media had amplified dissatisfaction with some court rulings despite global respect for the state's system.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Enbridge's Pipeline Tunnel Approval OK'd By Mich. Panel
A Michigan appellate court panel on Wednesday struck down environmental groups and tribal nations' challenge to a Michigan Public Service Commission's decision to allow Enbridge Energy to dig an underground tunnel to house part of an oil and natural gas pipeline, finding state regulators' decision was supported by evidence.
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February 20, 2025
Ex-Eletson Owners Given Reprieve On Ch. 11 Sanction Bid
The former owners and managers of Greek shipping group Eletson Holdings Inc. have until Monday to comply with the orders of a New York bankruptcy judge concerning the change in ownership of the business under a court-approved Chapter 11 plan, or they will face daily monetary sanctions.
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February 20, 2025
EPA Sued Over Approval Of Radioactive Waste Road Project
The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.
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February 20, 2025
Mich. Judge Won't Defer Atomic Bomb Waste Suit To Agency
A Michigan state judge on Thursday denied a Wayne County landfill's bid to dismiss claims from communities attempting to prevent the disposal site from accepting radioactive waste from the development of the first atomic bomb, finding that the court can hear the case rather than deferring to the state's environmental agency.
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February 20, 2025
FCPA Shake-Up May Open Bribery Loophole
New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.
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February 20, 2025
Steel Co. Reaches $1.5M Deal In 401(k) Mismanagement Suit
A steel manufacturer has agreed to pay $1.5 million to shutter a class action in Florida federal court claiming it failed to trim high-cost investment funds from its $655 million retirement plan while also neglecting to tamp down on pricey management fees.
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February 20, 2025
EV Maker Nikola Aims For Quick Ch. 11 Sale
Counsel for Nikola Corp., which makes electric and hydrogen-powered trucks, told the Delaware bankruptcy court on Thursday the company hopes to hold a bankruptcy auction by the end of March and find a buyer before its cash runs out in mid-April.
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February 20, 2025
Boies Schiller Hires Ex-Dechert International Arbitrator In NY
Boies Schiller Flexner LLP announced Thursday the hiring of a former Dechert LLP associate for its international arbitration practice, the second addition to the group so far this year.
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February 20, 2025
Musk's X Seeks Cash At $44B Valuation, Plus More Rumors
Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.
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February 20, 2025
BakerHostetler Environmental Pro Jumps To Morgan Lewis
Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues
Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
Expert Analysis
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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8 Ways Cos. Can Prep For Termination Of Their Enviro Grants
The federal government appears to be reviewing energy- and infrastructure-related grants and potentially terminating grants inconsistent with the Trump administration's stated policy goals, and attorneys at DLA Piper provide eight steps that recipients of grants should consider taking in the interim.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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How Trump EPA Could Fix Carbon Combustion Residuals Rule
The Trump administration is likely targeting the recently adopted carbon combustion residual rule, especially since it imposes very stringent, detailed and expedited requirements on coal power plants — but even if the rule is not vacated entirely, there are measures that could greatly reduce its regulatory burden, says Stephen Jones at Post & Schell.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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How Trump Orders Roll Back Energy Efficiency Mandates
President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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Emerging Energy Trends Reflect Shifting Political Landscape
As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig
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As EPA Backs Down, Expect Enviros To Step Up Citizen Suits
As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.
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How Criminal Enforcement Of Trump Tariffs May Work
While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.