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July 08, 2024
3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight
The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.
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July 08, 2024
Biotech Co. Alleges Arbitrator Conflict In Patent Award Fight
Pennsylvania-based biotechnology company Renmatix Inc. is urging the Delaware Court of Chancery to nix an arbitral award favoring Finnish company UPM-Kymmene Corp. in a long-running patent dispute, pointing to an allegedly undisclosed conflict of interest involving the Finnish company's counsel at DLA Piper.
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July 08, 2024
Mining Co. Looks To Annul Romania's Arbitration Fees
Canadian mining company Gabriel Resources Ltd., which is facing a major cash crunch after losing its $4.4 billion arbitration against Romania, said Monday it has filed an application requesting the annulment of a tribunal's costs award to the country.
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July 08, 2024
Medical Device Co. SeaStar Sued Over Regulatory Disclosures
A healthcare holding company has been hit with a potential shareholder class action alleging it misled investors about the potential regulatory risks and compliance deficiencies associated with bringing its kidney disease treatment device to market, leading to share declines as the information emerged.
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July 08, 2024
Ex-Prosecutor Takes GC Role For Mass. Inspector General
Eugenia M. "Genie" Carris, a veteran federal public corruption prosecutor, has jumped to the Massachusetts inspector general's office as general counsel, the agency announced Monday.
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July 08, 2024
Landowners Defend Wyo. Antitrust Claims Against Anadarko
Wyoming landowners accusing an Occidental Petroleum Corp. unit of antitrust behavior are urging a federal judge to reject its bid for a win on their state law claims as the case heads toward a trial.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
DOJ Asks High Court To Review Nixed Bid-Rigging Conviction
The U.S. Department of Justice has asked the U.S. Supreme Court to review the overturning of a former Contech executive's bid-rigging conviction, saying the appeals court was wrong to focus on a supplier relationship between companies that also compete for contracts.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 03, 2024
FCC Says No To Rethink Of $25M Aid Denial For Cell Towers
The Federal Communications Commission says it's not going to rethink its decision to say no to $25.5 million in aid to build 16 cell towers, because even though it's a group of California school districts that is asking, the funds are earmarked for schools, and it was never explained how the towers would benefit the students or staff.
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July 03, 2024
FCC Denies 'Blanket Amnesty' If Cos. Drop Network Projects
The Federal Communications Commission said Wednesday it will not provide blanket relief from FCC penalties against broadband providers that pull out of rural deployment commitments, but will weigh companies' individual circumstances.
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July 03, 2024
FCC Says Assurance Failed Blind Customer On Accessibility
T-Mobile unit Assurance made one of its blind customers spend the better part of three years going back and forth with it about getting an accessible device, which it was required to provide under the Federal Communications Commission's rules for the Lifeline subsidy program, the FCC said.
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July 03, 2024
Developer Owes $10M For Boston Project Delays, Suit Says
Massachusetts contractor Suffolk Construction Co. Inc. claims the developer of a significant mixed-use residential and commercial block in Boston's South End still owes it more than $10 million, saying delays due to the pandemic and a change in the type of cabinetry in the apartments contributed to higher costs.
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July 03, 2024
FCC Relying On Iffy Broadband Marketing Data, Co-Ops Say
Rural broadband providers are telling the Federal Communications Commission that more changes are needed for the agency's national broadband maps to accurately determine where federal funding would have the biggest impact in building out network infrastructure in hard-to-reach areas.
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July 03, 2024
2nd Circ. Overturns Enforcement Of $2B In Venezuelan Bonds
The Second Circuit on Wednesday overturned the enforcement of nearly $2 billion in defaulted bonds issued by Venezuela's state-owned oil company, following a ruling from New York's highest court that Venezuelan law, not New York law, governs the validity of the bonds.
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July 02, 2024
Debevoise Can't Avoid Testifying In Ex-Cognizant Execs' Trial
A New Jersey federal judge denied Tuesday a bid by Debevoise & Plimpton LLP to quash a subpoena seeking testimony from a firm partner for the coming bribery trial of two former Cognizant Technology Solutions Corp. executives.
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July 02, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 150 times in June on issues including broadband map accuracy, next-generation 911, prison phone rates, a new missing-persons code and rules to restrict bulk billing in apartment buildings.
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July 02, 2024
Interior Dept. OKs Atlantic Shores South Wind Project
The U.S. Department of the Interior on Tuesday said it's approving the Atlantic Shores South offshore wind project, the ninth such commercial-scale project given a green light by the Biden administration.
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July 02, 2024
Dentons Adds Ex-Seyfarth Int'l Disputes Co-Chair In DC
Dentons has hired the former co-chair of Seyfarth Shaw LLP's international disputes resolution group, who joins the firm's Washington, D.C., office to help clients on engineering, construction and development project matters, the firm announced Tuesday.
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July 01, 2024
Red States Get Biden Admin's LNG Export Pause Halted
A Louisiana federal judge Monday stayed the Biden administration's pause on reviewing applications to export liquified natural gas to countries without free trade agreements, slamming the U.S. Department of Energy's decision as appearing to be "completely without reason or logic and is perhaps the epiphany of ideocracy."
Expert Analysis
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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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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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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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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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.