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Environmental
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August 13, 2024
Baker McKenzie Guiding Flowserve On $305M Mogas Buy
Baker McKenzie is advising environmental machinery provider Flowserve Corp. on a new agreement to buy valve-maker Mogas Industries, represented by Foley & Lardner LLP, for up to $305 million, Flowserve said in a Tuesday statement.
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August 12, 2024
Groups Call On IHS To End Amalgam Use On Tribal Lands
A consortium of groups, including Consumers for Dental Choice and the International Indian Treaty Council, are calling on the U.S. Indian Health Service and other governments to immediately stop using mercury-containing dental fillings on Native Americans.
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August 12, 2024
Deadline Passes For Camp Lejeune Claims
The deadline for U.S. Marine Corps servicemembers and their families to file administrative claims with the federal government over illnesses contracted by contaminated drinking water at Camp Lejeune passed on Saturday, with more than 320,000 claims that have been filed with the U.S. Navy.
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August 12, 2024
Norfolk Southern Says Cuts To Investors' Suit Aren't Enough
Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.
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August 12, 2024
DuPont Spinoffs Try To Shake NJ Township's Pollution Suit
Chemours and E. I. du Pont de Nemours are asking a New Jersey judge to scrap Carneys Point Township's billion-dollar lawsuit over pollution from the Chambers Works facility, arguing ongoing state and federal cleanup actions bar the township from pursuing its legal action under the Garden State's Environmental Rights Act.
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August 12, 2024
IRS Extends Tax Deadlines For Minn. Storm Victims
Minnesota taxpayers affected by severe storms and flooding have until February to file tax returns and make payments, the Internal Revenue Service said Monday.
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August 12, 2024
Jenner & Block Launches Post-Chevron Task Force
Jenner & Block LLP said Monday that it has started a task force to help clients navigate the reversal of Chevron deference, tapping three Washington, D.C.-based attorneys to helm that effort.
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August 12, 2024
Texas AG To Investigate CenterPoint Over Beryl Outages
Texas Attorney General Ken Paxton said Monday that his office had opened an investigation into CenterPoint Energy Inc. over its preparation and response to Hurricane Beryl.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 12, 2024
Oil Cos. Get Go-Ahead On $3.5M La. Contamination Settlement
A Louisiana federal judge has granted preliminary approval to a $3.5 million settlement to resolve residents' claims against Occidental Petroleum Corp. and Anadarko Petroleum Corp. over alleged contamination from creosoting facilities, over the objection of co-defendants BNSF and International Paper.
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August 09, 2024
Top 4 Gov't Contracting Policies Of 2024: Midyear Report
Federal agencies have made several prominent policy moves affecting contractors this year, headlined by programs incentivizing whistleblowers to come forward with information about contracting fraud, tweaks to a wide-ranging cybersecurity standard, and guidance for how agencies should purchase generative tools. Here, Law360 examines four significant policy changes from the first half of 2024 that will affect government contractors.
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August 09, 2024
Camp Lejeune Plaintiffs Complain They Can't Get Gov't Docs
Veterans and family members who claim they were injured due to contaminated water at Camp Lejeune say the government has refused to hand over "troves of discoverable documents" and are urging a federal court to force the government to comply.
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August 09, 2024
Transco Can't Get Full 3rd Circ. Review Of Pa. Permit Fight
The Third Circuit has rebuffed Transcontinental Gas Pipe Line Co.'s bid for en banc review of a district court's decision backing a Pennsylvania state environmental board's authority to review pipeline upgrade permits.
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August 09, 2024
DC Circ. Revives EPA Worker's Allergy Accommodation Suit
The D.C. Circuit on Friday revived a U.S. Environmental Protection Agency employee's lawsuit alleging the agency mishandled his complaint about being seated next to a co-worker whose perfume triggered his severe allergies.
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August 09, 2024
Restoration Worker Can't Shake Employment Deal Claims
North Carolina's Business Court has pared down a lawsuit between a restoration company and a former employee centered on allegations of breaking employment agreements and misusing licenses, with the court ruling most of the worker's claims had to be tossed, while some of the company's accusations can head toward trial.
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August 09, 2024
DC Circ. Says Animal Group Can't File Perdue False Ad Suit
The Animal Legal Defense Fund doesn't have standing to sue the U.S. Department of Agriculture over labels the agency approved for Perdue poultry products that the advocacy group says mislead customers into believing the animals have access to the outdoors, the D.C. Circuit ruled Friday.
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August 09, 2024
Lucid Narrows Securities Suit Over EV Production Targets
A California federal judge has trimmed a suit alleging electric-vehicle startup Lucid Group Inc. misled investors about its production target, trimming the case down to four out of 30 statements the investors said were misleading.
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August 09, 2024
Energy Transfer Investors Get Partial Win In $3B Pipelines Suit
A Pennsylvania federal judge granted a class of investors a partial win in a class action claiming that Energy Transfer misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, ruling that the investors have raised genuine issues of material fact with at least one of their claims.
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August 09, 2024
Colo. Panel Says Vail Resorts' Land Spat With Town Is Moot
The Colorado Court of Appeals has ruled against Vail Resorts in its suit challenging a local ordinance that allegedly blocked the company's development of 23.3 acres of land that was subsequently taken by the town via eminent domain.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
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August 09, 2024
Highway Contractor, Exec Charged With $100M Price-Fixing
Federal prosecutors announced the indictment of an Oklahoma highway runoff contracting business and two of its employees for their involvement in a price-fixing, bid-rigging and market allocation conspiracy that impacted over $100 million in publicly funded construction contracts in the state.
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August 09, 2024
Illinois Appeals Court Nixes $7B Power Line Certification
A state appeals court scrapped Illinois regulators' authorization for part of the $7 billion Grain Belt Express high-voltage transmission line, ruling that they issued a certificate of public convenience and necessity for the project even though the company behind the line had not shown any ability to pay for it, as required.
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August 09, 2024
3 Notable Trade Disputes Of 2024: A Midyear Report
This year the U.S. Supreme Court refused its last outstanding challenge to the president’s tariff power, a split Federal Circuit panel expanded decades-old duties on plumbing pipes, and the first North American trade pact labor panel tossed Washington’s claims. Here, Law360 revisits the most notable international trade cases of 2024 so far.
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August 09, 2024
4th Circ. Will Hear FERC Grid Policy Overhaul Fight
The Fourth Circuit is set to take on consolidated challenges to the Federal Energy Regulatory Commission's sweeping overhaul of its regional transmission planning policy, the U.S. Judicial Panel on Multidistrict Litigation said in an order Thursday.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.