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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Connell Foley Fights DQ Bid In Investment Firm's Bias Suit
A group of current and former New Jersey state officials blasted a motion to disqualify their counsel at Connell Foley LLP in a discrimination suit from a Black-owned investment firm in New Jersey federal court, calling the move a frivolous and bad faith stalling tactic.
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January 21, 2025
Trump EV Rollbacks Spell Regulatory Whiplash For Auto Cos.
President Donald Trump's rollback of Biden administration policies intended to accelerate the U.S. auto industry's movement toward electric vehicles creates new uncertainties for a domestic EV supply chain that was already grappling with slowing consumer demand, experts say.
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January 21, 2025
Ex-FCC Members Oppose 5th Circ. Universal Service Ruling
A bipartisan group of eight former members of the Federal Communications Commission is urging the U.S. Supreme Court to overturn a Fifth Circuit ruling that found the mechanism for funding the FCC's universal service subsidies unconstitutional.
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January 21, 2025
Asset Type Immaterial To Crypto Fraud Claims, SEC Says
The U.S. Securities and Exchange Commission has argued that digital assets referenced in its fraud case in Texas against the principals of a purported cryptocurrency mining operation are "immaterial to the economic reality" of the allegedly fraudulent securities transactions at the heart of its action.
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January 21, 2025
NJ Unveils Plans To Retool Congestion-Pricing Fight
Undeterred by the denial of its bid to temporarily halt New York City's controversial congestion toll pricing plan, the state of New Jersey has notified a federal judge that it plans to drop its Third Circuit appeal and pursue a new plan of attack in district court.
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January 21, 2025
Victors In Landmark Graft Case Want 2nd Top Court Review
The defendants who won a landmark 2023 U.S. Supreme Court ruling that narrowed certain types of corruption prosecutions have asked the justices to intervene in their case again, claiming the Second Circuit had wrongly allowed the government to pursue new trials based on a different theory of fraud.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Split 6th Circ. OKs FERC's Revocation Of Ohio Utility Grid Perk
A split Sixth Circuit panel Friday backed the Federal Energy Regulatory Commission's decision to revoke an incentive for power companies that are required to be members of a regional transmission organization, ruling that federal law requires that utilities voluntarily participate in an RTO to receive the incentive.
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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.
Expert Analysis
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.