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September 26, 2024
EPA Cleared Of Allegations Of Mishandling Ohio Derailment
An Ohio federal judge has dismissed allegations that the U.S. Environmental Protection Agency mishandled its response to the 2023 East Palestine train derailment, finding little evidence that government officials wrongly cleared air and water quality as safe enough for residents to return home.
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September 26, 2024
Tribunal Halts $52.8M German Tax Collection Against Oil Cos.
German tax authorities shouldn't collect a windfall profits tax totaling at least €47.2 million ($52.8 million) from two oil refineries before the dispute has been litigated, a tribunal of the International Centre for Settlement of Investment Disputes said.
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September 26, 2024
5th Circ. Says Pair Can't Challenge Wi-Fi Program's New Rules
The Fifth Circuit won't take up a challenge to the Federal Communications Commission's new rules allowing for subsidized Wi-Fi off campus through the E-Rate program for schools and libraries, granting the FCC's motion to dismiss the case for lack of jurisdiction while an in-house challenge from the petitioners proceeds.
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September 25, 2024
In-House Counsel To Play Central Role At AI Cos., VCs Say
Venture capital firms expect in-house counsel at artificial intelligence companies to play a bigger role in their businesses due to regulatory uncertainties around AI, while a professor who helped pioneer the technology warned that transparency of commercial AI businesses should be "top of mind," attorneys heard at the seventh annual Berkeley Law AI Institute Wednesday.
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September 25, 2024
Baltimore Bridge Wreck: 6 Months Later, Claims Mount
A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.
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September 25, 2024
Transco Backers Urge DC Circ. To Revisit Pipeline Ruling
Natural gas and pipeline entities are firing back at a D.C. Circuit ruling that scrapped Federal Energy Regulatory Commission approvals for a five-state pipeline expansion project being pursued by the Transcontinental Gas Pipe Line Co., with one rival company saying the court's flawed decision sent "shockwaves through the industry."
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September 25, 2024
Haynes Boone Adds Moore & Van Allen Practice Head In NC
Haynes and Boone LLP is expanding its finance offerings in North Carolina with the addition of an experienced attorney who most recently served as the head of the swaps and derivatives practice at Moore & Van Allen PLLC.
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September 24, 2024
Appeals Court Finds LNG Project Claims Barred By Arbitration
An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.
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September 24, 2024
Cox Sues RI Over Use Of Broadband Deployment Dollars
Cox Communications is suing the state of Rhode Island over its plan for using federal Broadband, Equity, Access and Deployment Program funding, saying in a new complaint that the plan uses "flawed internet speed data" to justify providing redundant high-speed service in affluent areas that are already well-connected.
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September 24, 2024
Md. Says Shipowner Liable For $2B Baltimore Bridge Rebuild
Maryland said the owner and manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge must be held liable for the estimated $1.7 billion cost of rebuilding the bridge, claiming Tuesday that their negligence has caused "grievous impact" to Marylanders, the environment and the regional economy.
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September 24, 2024
Feds, Mill Owner Reach $1.4M Deal In Pollution Cleanup Row
A property development group will pay more than $1.4 million to fund a permanent stewardship as part of an agreement with the state of Washington, the federal government and a slew of tribes to resolve allegations that it released hazardous substances into Port Gamble Bay near Seattle for more than a century.
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September 24, 2024
King & Spalding, Skadden Rep $1.7B DE Shaw-Macquarie Deal
Australian investment firm Macquarie Asset Management, advised by King & Spalding LLP, on Tuesday announced that it has agreed to take a "significant" minority stake in renewable energy company D.E. Shaw Renewables Investment Group, led by Skadden Arps Slate Meagher & Flom LLP, for up to $1.73 billion.
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September 24, 2024
Exxon Claims It Beat Weak Defense In $1.8B Tax Trial
Exxon Mobil urged a Texas federal judge to find that it defeated what it called a scattered defense by the U.S. government during a five-day bench trial in April when the company argued for a $1.8 billion tax refund on its natural gas deal with Qatar, according to newly released filings.
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September 24, 2024
Interior Dept. Awarding $24 Million For Ecosystem Projects
The U.S. Department of the Interior on Monday said it's awarding about $24 million to boost 50 ecosystem restoration projects across 34 states and territories.
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September 23, 2024
Atlanta Wants Almost-Starbucks Demolition Suit Tossed
The city of Atlanta renewed its efforts Monday to toss a suit from a property owner who says his former restaurant space was illegally condemned, telling a Georgia federal judge that the suit is an attempted end-around of the municipal review process where the spat belongs.
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September 20, 2024
Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss
Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.
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September 20, 2024
NY Utilities Tell DC Circ. More Risk Should Equal More Return
A D.C. Circuit panel on Friday weighed the differences between risks and costs in a dispute between a group of New York utilities and the Federal Energy Regulatory Commission over rates the power companies can charge after making infrastructure upgrades.
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September 20, 2024
Slow Development Puts Nebraska District Into Ch. 9
A local development authority filed for Chapter 9 protection in Nebraska after laying out significant funds to install roads and sewer systems for a housing development that was stalled by the 2008 financial crisis.
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September 20, 2024
US Chamber Warns Del. Justices On TC Energy Case Fallout
The U.S. Chamber of Commerce warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.
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September 20, 2024
Tribe's Stateless Status Undoes $1.9M Construction Suit
A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.
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September 19, 2024
Potomac Law Group Adds Morgan Lewis Partner
A former Morgan Lewis & Bockius LLP real estate attorney has joined Potomac Law Group, framing the move as a strategic shift out of BigLaw amid a "sluggish" transactional environment.
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September 19, 2024
76ers To Get New Philly Arena In $1.3B Project, Mayor Says
The Philadelphia 76ers are getting a new arena in Chinatown as part of a $1.3 billion project that will bring hundreds of jobs, Philadelphia Mayor Cherelle Parker announced in a video message.
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September 19, 2024
Calif. Port's Approval Of Hydrogen Project Challenged
Two conservation groups filed a California state court lawsuit challenging the Port of Stockton's review and approval of a hydrogen production and distribution facility, arguing it conducted an inadequate environmental review and failed to ensure project impacts are mitigated.
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September 19, 2024
Quinn Emanuel Role Must Face Scrutiny, Djibouti Tells DC Circ.
The Republic of Djibouti has told the D.C. Circuit that there is no need to take a second look at a panel's July opinion that sent a dispute involving a $470 million-plus arbitral award back to the trial court to determine whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent a port operator in a long-running legal battle.
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September 18, 2024
Iraq Wants DC Circ. To Upend Cypriot Co.'s $120M Award
Iraq has told the D.C. Circuit that it is appealing a lower court decision giving a Cypriot construction firm permission to force the country to satisfy a nearly $120 million arbitral award obtained in a dispute over a major port project.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.