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January 17, 2025
9th Circ. Backs Vacating Some Trump-Era Oil And Gas Leases
A split Ninth Circuit ruled Friday that an Idaho federal court, but not a Montana federal court, abused its discretion in striking down oil and gas leases sold during the Trump administration, but halted "surface-disturbing activity" while the federal government reconsiders the leasing decisions.
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January 17, 2025
Venezuela Says $2B In Bonds Can't Be Enforced
More than five years into litigation aimed at enforcing nearly $2 billion in defaulted bonds against Venezuela's state-owned oil company, the country is urging a New York federal judge to nix the case on the grounds that the bonds are illegal under its domestic law.
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January 17, 2025
FirstEnergy Execs Hit With RICO Charges Over Bribe Scandal
Two former executives of FirstEnergy Corp. have been hit with federal racketeering charges over their alleged scheme to bribe Ohio House of Representatives members for a billion-dollar bailout that has drawn scrutiny from government agencies and led to long prison sentences for others involved in the scandal.
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January 17, 2025
Michigan Justices Won't Answer Securities Test Issue
The Michigan Supreme Court on Friday denied an appeal from a developer asking justices to find a state law test rather than a federal one should be used to determine if a promissory note is a security, leaving in place a ruling that keeps the developer liable for notes issued in a $6 million project.
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January 17, 2025
DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board
The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.
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January 17, 2025
Ex-Mozambique Finance Head Gets 8½ Years In $2B Bond Rap
A Brooklyn federal judge sentenced Mozambique's former finance minister to 8½ years in prison Friday for facilitating a corrupt $2 billion loans-for-bribes deal, ordering him to forfeit $7 million and imposing time beyond the six years the defendant has been incarcerated.
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January 17, 2025
Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal
In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.
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January 16, 2025
Trump's DOT Pick Says Air Safety, New Tech Big Priorities
President-elect Donald Trump's would-be transportation secretary pledged to oversee a leaner and more efficient U.S. Department of Transportation focused on expediting project permitting, prioritizing mega infrastructure projects, and ensuring that Boeing and aviation safety gets "back on track."
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January 16, 2025
Interior Nom Stresses Need For More Fossil Fuels
Interior secretary nominee Doug Burgum said on Thursday that he will promote U.S. energy dominance and add more fossil fuel-derived electricity to the grid, as Democrats and Republican senators sparred over how much emphasis should be given to renewables.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Treasury Updates Bonus Energy Tax Credit Safe Harbors
The U.S. Treasury Department provided updates Thursday to safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing steel and aluminum parts in response to new trade restrictions on solar products from China by President Joe Biden's administration.
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January 15, 2025
Alaska Says Death Of USF Would Be 'Devastating' For State
The people of Alaska will suffer if the U.S. Supreme Court does not undo a Fifth Circuit decision demolishing the Federal Communications Commission's multibillion-dollar subsidy fund, which reduces phone and internet costs for schools, libraries and low-income households, the state has told the justices.
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January 15, 2025
Interior Department Finalizes New Tribal Recognition Rule
The U.S. Department of the Interior has updated provisions to a federal rule that will allow Native American tribes that were denied federal recognition to re-petition for the title under certain conditions.
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January 15, 2025
Biz Court Calls Out Biogas Co. For 'Stack' Of Broken Promises
A North Carolina Business Court judge pondered during a sanctions hearing Wednesday whether a biogas company should be held in contempt for allegedly violating a court order, saying the company has repeatedly fallen short of its promises in a fight with lenders over funding for renewable energy projects.
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January 15, 2025
Sterlington Lands DC Int'l Arbitration Atty From A&O Shearman
Sterlington PLLC said Wednesday that it has hired an international arbitration attorney who has represented clients in some of the largest commercial disputes heard before tribunals over the last decade as its sixth major lateral hire in the past five months.
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January 15, 2025
Elusive Cognizant Witness Ready To Testify, Gov't Says
A witness from India whose 2023 absence on the brink of the foreign bribery trial of two former Cognizant Technology Solutions Corp. executives set off a lengthy delay is now willing to testify, federal prosecutors said, despite stating they were under no obligation to respond to defense counsel's concerns.
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January 14, 2025
FCC Reverses Judge, Rejects Disputed C-Band Payment
Reversing an in-house judge's decision, the Federal Communications Commission has denied a further payment of nearly $70,000 to a company that claimed it was owed more for relocating from the C-band airwaves to make way for 5G wireless.
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January 14, 2025
Tribe Members Look To Intervene In 8th Circ. Pipeline Case
Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.
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January 14, 2025
DC Circ. Axes Challenge To Grid Project Perk
A coalition of energy consumers has no standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project, a D.C. Circuit panel ruled Tuesday.
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January 14, 2025
Ex-Cognizant Execs Seek Update On Elusive Gov't Witness
A vital prosecution witness whose unavailability delayed the highly anticipated 2023 trial of two former Cognizant Technology Solutions Corp. executives on foreign bribery charges in New Jersey federal court might again be missing in action as the new trial date of March 3 approaches, according to court filings.
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January 13, 2025
Spain Denied Stay In €28.2M Intra-EU Energy Award Fight
A D.C. federal judge has refused to pause a renewable energy investor's arbitral award lawsuit against Spain as the country seeks U.S. Supreme Court review of an appellate decision that greenlighted enforcement of intra-European Union investor-state awards in U.S. federal courts.
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January 13, 2025
Colombian Refinery Co. Gets $1B McDermott Award OK'd
Colombia's state-owned oil company on Friday won enforcement of a $1 billion arbitral award issued against Dutch and British units of Texas-based construction firm McDermott International following a dispute over a refinery modernization project.
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January 13, 2025
Rail Group Rips FRA In 8th Circ. Waiver Battle
The rail industry has told the Eighth Circuit that the Biden administration is flouting federal law by intentionally delaying decisions on waiver applications from railroads seeking to use new brake and track inspection technologies.
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January 13, 2025
FHWA Ends 'Buy America' Waiver For Manufactured Products
The Federal Highway Administration on Monday finalized a rule ending a decades-long exception to "Buy America" domestic sourcing requirements for manufactured products used in federally funded highway projects, a change the agency said was intended to boost domestic manufacturing.
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January 13, 2025
Ga. Waste Authority Sues To Block County's Audit Attempt
A Georgia county's solid waste authority, whose finances came under scrutiny from the Federal Bureau of Investigation last year, has sued its county's government to block an effort by the county to force inspections and audits of its waste facilities.
Expert Analysis
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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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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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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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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Comments Show Need For Clarity On SBA Proposed Rule
The recent public comments period for the Small Business Administration's proposed rule on recertification and other regulations underscores the need for more precision, particularly on agreements in principle, which the SBA should address as it moves forward with this rulemaking, say attorneys at Covington.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.