Energy

  • July 05, 2024

    FCA Delaying Answers In Exploding Van MDL, Drivers Say

    Drivers alleging Chrysler hybrid minivans contain a defect that causes them to explode are urging a Michigan federal court to force the automaker to identify specific vehicles that caught fire after it purportedly fixed them in a recall, claiming the company has ignored its requests for information for more than five months.

  • July 05, 2024

    2024 Global M&A, Mega-Deal Values Outpacing 2023

    Dealmakers and the attorneys who represent them came into 2024 with a sense of cautious optimism about the mergers and acquisitions market.

  • July 05, 2024

    Manufacturing Co., Trustee Can't Escape ESOP Fight

    An Arkansas federal judge refused Friday to toss a lawsuit against a manufacturing company and the trustee of its employee stock ownership plan from ESOP participants alleging mismanagement, finding allegations that a $40 million debt-financed purchase of company stock violated federal benefits law should proceed to discovery.

  • 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.

  • July 05, 2024

    Glencore Gets Canadian OK For $7B Buy Of Steelmaking Biz

    Glencore PLC said Friday that Canada has given it the go ahead for its $6.93 billion acquisition of the steelmaking coal business of Teck Resources Ltd., clearing the final hurdle for the Anglo-Swiss commodities and mining giant.

  • July 03, 2024

    Enviva Execs Individually Escape ESG Investor Action

    A Maryland federal judge dismissed several executives and underwriters for wood pellet giant Enviva Inc. from a proposed securities class action seeking recompense for stock drops over reports they "greenwashed" claims of sustainability, saying the suit failed to show the defendants made conscious misstatements.

  • July 03, 2024

    McKinsey Can Exit Rival's Bankruptcy Conflicts RICO Suit

    A Manhattan federal judge Wednesday tossed a lawsuit brought by the founder of turnaround consultant AlixPartners accusing rival McKinsey & Co. of intentionally failing to disclose disqualifying conflicts of interest in big bankruptcy cases, saying the founder doesn't have standing to sue under the Racketeer Influenced and Corrupt Organizations Act.

  • July 03, 2024

    Alaskan Tribe Says It Can't Get Access To Burial Site

    The governing body of an Alaska Native Tribe is suing several state entities and the Federal Aviation Administration, claiming they are preventing the tribe from performing excavations of archaeological artifacts and ancestral remains found during construction of an airport runway.

  • July 03, 2024

    NYC Pensions Defeat Challenge To Fossil Fuel Divestments

    A trio of New York City pension plans on Wednesday beat a lawsuit claiming they'd damaged public employees' retirement funds by removing $3.9 billion from investments in fossil fuels, with a New York state judge ruling the workers hadn't shown they'd been harmed by the divestments.

  • July 03, 2024

    Canadian IPO Market Remained Largely 'Deserted' In First Half

    Only 12 companies completed initial public offerings on Canadian exchanges in the first half of 2024 — half of which were actual operating businesses — continuing a multiyear decline in new listings for Canada, new data shows.

  • July 03, 2024

    Solar Biz Says Duty Circumvention Probe Ignored Contractors

    A solar importer urged the trade court to unwind the U.S. Department of Commerce's expansion of duties on Chinese solar products to Cambodian goods, alleging flaws with how the department assessed how much manufacturing occurred in Cambodia. 

  • July 03, 2024

    Oil Trading Cos. Ink 'Simple' $13.9M Deal In Gas Price Rig Suit

    Oil trading companies Vitol and SK Energy have agreed to shell out $13.9 million to resolve a consolidated proposed class action alleging that they plotted to artificially inflate California gas prices following an ExxonMobil explosion in 2015, buyers told a California federal judge.

  • July 03, 2024

    Markel Drops Suit Over Law Firm's Malpractice Coverage

    A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • 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.

  • July 02, 2024

    Tribal Nations Want In On Red States' Water Rule Dispute

    Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.

  • July 02, 2024

    4th Circ. Nixes Black Lung Benefits For American Energy Miner

    The Fourth Circuit on Monday upended an award of black lung benefits to the widow of a miner who worked for American Energy LLC, saying it was the widow's responsibility to prove that coal dust exposure, more than smoking, is what caused his respiratory disease.

  • July 02, 2024

    Steel Co. Escapes 401(k) Mismanagement Suit, For Now

    A Florida federal judge tossed a suit claiming a steel manufacturer saddled its $655 million retirement plan with pricey investment funds and fees, ruling Tuesday the plan participant behind the claims needed to formally show the court that he brought his concerns to the plan's committee before filing suit.

  • July 02, 2024

    Travelers Says No Coverage For Energy Co.'s Enviro Dispute

    A Travelers unit said it has no coverage obligations to an energy company in a now-settled Louisiana state court suit over environmental damage, telling a Texas federal court that the company's failure to notify the insurer of the suit for more than eight years violated the policies.

  • July 02, 2024

    Judge Says Feds Exceeded Question Limit In Pollution Suit

    A Michigan federal judge has denied the federal government's bid to force a coke oven battery company to respond to questions about business decisions and parent company involvement, holding that it has exceeded an agreed-upon limit of so-called interrogatories in its Clean Air Act case.

  • July 02, 2024

    DLA Piper Hires Former Goodwin Corporate Partner In DC

    A former Goodwin Procter LLP partner has joined DLA Piper's corporate practice in the firm's Washington, D.C., office, where he will advise clients on mergers and acquisitions and other transactions. 

  • July 02, 2024

    Enbridge, Tribes Spar Over Payout In Pipeline Trespass Row

    Enbridge Energy told the Seventh Circuit a recent ruling that resulted in a tribe receiving a nearly $400 million payout for trespassing does not apply to the Bad River Band of Lake Superior Tribe's current trespass challenge, arguing the district court recognized that this case presents a different set of facts.

  • July 02, 2024

    Justices Revive FERC Solar Fight, Citing Chevron Ruling

    The U.S. Supreme Court on Tuesday ordered the D.C. Circuit to rethink its approval of a Federal Energy Regulatory Commission decision granting market benefits for a small-scale solar energy project in Montana following the justices' blockbuster decision upending judicial deference to regulatory agencies.

  • July 02, 2024

    The Commercial Real Estate Q&A's You Can't Miss

    Check out Law360 Real Estate Authority's most buzzed-about commercial real estate Q&As from the first half of 2024.

  • July 02, 2024

    Alaska Village Hits Army Corps With Gold Mine Permit Suit

    The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.

Expert Analysis

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Best Practices For Responding To CBP's Solar Questionnaire

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    U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

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