Energy

Expert Analysis

• Proposed Mass. Enviro Regs Prompt Compliance Questions

  

  The proposed amendments to the Massachusetts Environmental Policy Act would introduce new assessments for determining unfair or inequitable environmental burden on marginalized populations, but the lack of guidance and a looming implementation deadline leave developers in the dark on how to apply new regulatory concepts, say attorneys at Holland & Knight.

• 4 Antitrust Risk Areas To Watch For Government Contractors

  

  To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

• Opinion

  Subpoena Defense Cost Ruling Gets Insurance Law Wrong

  

  A Connecticut federal court's recent decision that National Union Fire Insurance Co. of Pittsburgh didn't need to cover defense costs for a power utility's response to a grand jury subpoena included two crucial mistakes that contravene long-standing insurance law principles, say attorneys at Hunton.

• Girardi Scandal Provides Important Ethics Lessons

  

  The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

• Series

  Embracing ESG: Jabil GC Talks Compliance Preparation

  

  Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

• 3 Ways CLOs Can Drive ESG Efforts

  

  Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

• ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

  

  An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

• How Law Firms Can Rethink Offices In A Post-Pandemic World

  

  Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

• Shippers Face Risk Even From Voluntary GHG Reductions

  

  As the global shipping industry prepares for mandates to cut maritime greenhouse gas emissions, some shippers are touting voluntary GHG reductions that exceed international requirements — but these efforts are not without potential legal and compliance risks, say attorneys at Winston & Strawn.

• Behind The Curtain At Commerce's Operating Committee

  

  Mi-Yong Kim at Bass Berry, former chair of the U.S. Department of Commerce's Export Administration Operating Committee, demystifies the obscure administrative body's decisions, which can make or break international transactions, and explains how the committee is poised to play a greater role as export controls become more complex.

• Protecting Attorney-Client Privilege In Human Rights Audits

  

  As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

• Series

  Embracing ESG: Baker Hughes CLO Talks Sustainability Team

  

  For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

• What Mainstreaming Of Litigation Finance Means For Industry

  

  The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

• Shareholder Ruling Resolves Dual-Natured Claim Uncertainty

  

  The recent Delaware ruling in Brookfield v. Rosson, which eliminates the ambiguity surrounding so-called dual-natured direct and derivative claims, eases 15 years of tension around the doctrine and clears a path for corporate deal makers, say attorneys at MoFo.

• What 9th Circ. Privilege Test Means For Dual-Purpose Advice

  

  While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.