Energy

  • September 22, 2020

    4 Questions As Nikola Navigates Gov't Probes, Investor Suits

    Nikola Corp. is facing scrutiny from investors and the government after the electric truck maker's founder suddenly stepped down in the wake of a short-seller's report accusing the company of overhyping its technology, raising a host of questions about Nikola's prospects, including its fresh partnership with General Motors.

  • September 22, 2020

    Fla. Businesses Win Class Cert. In Suit Over Water Main Break

    Thousands of businesses forced to temporarily close last year when a water main broke in Fort Lauderdale, Florida, have won approval to move forward with a class action against Florida Power & Light Co. and the contractors they say are responsible for hundreds of millions of dollars in economic damages.

  • September 22, 2020

    Indian Oil Co. Says NY Fed Must Turn Over Yemen Bank Docs

    An Indian state-owned oil company is enlisting a New York court's help in tracking down assets to collect a five-year-old $3.8 million arbitral award against Yemen, saying the Federal Reserve Bank of New York needs to turn over information on accounts held by the country's central bank.

  • September 22, 2020

    Fla. Asphalt Co. To Pay $16.6M Over South American Bribes

    A Florida asphalt company will pay $16.6 million in connection with an agreement to plead guilty to paying bribes to state-owned oil companies in South America in exchange for access to government contracts, federal prosecutors in Brooklyn said Tuesday.

  • September 22, 2020

    Donziger Wants NY's High Court To Review Disbarment

    Chevron foe Steven Donziger is asking New York's highest court to review a decision to disbar him in the state, saying he was given no chance to defend himself against a federal court's finding that he committed fraud in a $9.5 billion environmental case in Ecuador.

  • September 22, 2020

    Texas Fracking Co. FTS Hits Ch. 11 With $535M Debt

    FTS International Inc. sought Chapter 11 protection in Texas late Tuesday, saying that it has a proposal in hand to restructure or shed the oil and gas well-completion venture's $535.3 million debt under a largely debt-to-equity plan developed with major creditors.

  • September 22, 2020

    States Say EPA Has Right To Rescind Calif. Auto Waiver

    Texas and several other states on Monday filed a brief in support of the U.S. Environmental Protection Agency's decision to rescind California's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    DC Circ. Judge Says Axing EPA Ozone Rule 'Makes No Sense'

    Environmentalists seem to have a dim chance of striking down parts of a Trump administration rule they say gives localities unlawful flexibility to comply with ozone limits, as their arguments faced resistance from a D.C. Circuit panel Tuesday.

  • September 22, 2020

    FERC Market Rule Is A Clean Energy Game-Changer

    The Federal Energy Regulatory Commission gave small-scale technologies such as rooftop solar panels and electric vehicles a major boost with a rule letting them fully access wholesale electricity markets, though the rule's implementation will determine how much of a clean energy game-changer it is. Here, energy policy experts discuss five key takeaways from FERC's recently finalized rule on aggregated distributed energy resources.

  • September 22, 2020

    Watchdog Says Nuclear Cleanup Masks Improperly Maintained

    The U.S. Department of Energy isn't properly maintaining respiratory protection equipment for workers at a nuclear cleanup site in Hanford, Washington, according to a watchdog report containing recommendations for bringing the department into compliance with federal work safety standards.

  • September 22, 2020

    More Than 3,300 Importers Energized To Erase China Tariffs

    A push to undo the bulk of President Donald Trump's tariffs on Chinese goods has swelled to include more than 3,300 lawsuits in the U.S. Court of International Trade as importers pin their hopes on a mostly procedural challenge to invalidate a central pillar of Trump's trade policy.

  • September 22, 2020

    Chinese Electric Carmaker Fueled By $1.47B Funding Round

    Chinese electric carmaker WM Motor said Tuesday that it secured RMB 10 billion ($1.47 billion) in a funding round led by a Shanghai state-owned investor group that it will use to expand its reach and further develop its technology.

  • September 22, 2020

    Tardy 5th Circ. Appeal Dooms Workers' OT Bonus Suit Victory

    An oil well pump and fracking company convinced the Fifth Circuit to take back a win for workers who alleged they weren't paid proper overtime, as a panel on Monday withdrew its ruling from weeks earlier and concluded the workers' appeal was filed too late.

  • September 22, 2020

    Top EU Court Clears UK State Aid To Hinkley Nuclear Project

    The European Union's top court on Tuesday rejected an attempt by Austria to block British support for a major nuclear energy project, finding that the British government did not breach state aid rules.

  • September 22, 2020

    Ex-Deutsche Traders Say Gov't Didn't Prove Spoofing Scheme

    A pair of former Deutsche Bank traders on Tuesday told a jury — winnowed in size after a COVID-19 exposure scare — that prosecutors presented a case too incomplete, inaccurate and misleading to convict them for manipulating the precious metals market through an unlawful spoofing scheme.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Dutch Court Freezes Funds Amid Angolan Billionaire Probe

    A Dutch court has frozen assets held by a company associated with Isabel dos Santos amid accusations that the Angolan billionaire and daughter of the country's former president embezzled and laundered state funds, dealing a win to the Angolan national oil company Sonangol.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    DC Circ. Asked To Examine Approval Of $45B LNG Project

    Two conservation groups infuriated by the Federal Energy Regulatory Commission's recent approval of the Alaska liquefied natural gas project, which includes a 807-mile pipeline, asked the D.C. Circuit on Monday to examine the agency's decision and its refusal to grant a rehearing request.

  • September 21, 2020

    Green Group Threatens To Sue Calif. For 'Illegal' Oil Permits

    The Center for Biological Diversity on Monday warned California Gov. Gavin Newsom that unless his administration immediately stops issuing permits to oil and gas wells in the state illegally, he can expect to see the group in court.

  • September 21, 2020

    EPA To Pay $92K Atty Fees In Truck Emissions Rollback Suit

    The U.S. Environmental Protection Agency has agreed to pay nearly $92,000 to environmental groups for attorney fees over a challenge to the Trump administration's attempt to roll back heavy-duty truck emissions rules.

  • September 21, 2020

    3 Times Ginsburg Led The Way On Environmental Law

    U.S. Supreme Court Justice Ruth Bader Ginsburg will be best remembered for her fierce support of gender equality and civil rights, but she made her mark on environmental law as well, authoring opinions that established citizens' right to sue polluters under the Clean Water Act and the government's right to regulate cross-state air pollution.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Equator Principles Update: What Energy Cos. Should Know

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    An Oct. 1 update to the Equator Principles will bring significant changes to the environmental, social and governance framework, and energy projects receiving loans of as little as $50 million must now prepare for compliance, says Jillian Kirn at Greenberg Traurig.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • How DOE Compliance May Change For Certain Equipment

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    Manufacturers of certain consumer products and commercial and industrial equipment should review a recent proposal from the U.S. Department of Energy very carefully, as it may increase a company's liability exposure during enforcement investigations, say Jean-Cyril Walker and Alexa Pecht at Keller and Heckman.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • New FCPA Guide Signals Laxer Successor Liability Approach

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    Recent updates by the U.S. Department of Justice and U.S. Securities and Exchange Commission to the Foreign Corrupt Practices Act resource guide focus on timeliness and thoroughness of post-acquisition due diligence, indicating a potential relaxation of stringent requirements for M&A successor liability, say Paige Ammons and Bree Murphy at Buckley.

  • M&A In The Energy Industry: 6 Current Trends

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    The COVID-19 pandemic and the oil price war between Saudi Arabia and Russia sent demand for oil plunging this year — but an abundance of distressed assets means that ample opportunities for mergers and acquisitions in the energy sector still exist, say attorneys at Winston & Strawn.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Chancery Ruling Highlights Fraud Claim Risk For PE Sellers

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    The Delaware Chancery Court recently declined to dismiss fraud claims against private equity firm NGP Energy Capital in its sale of Agspring, reminding private equity sellers that they may be liable for a portfolio company's fraudulent representations, say attorneys at Fried Frank.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • What NY Tax Ruling Means For Solar Power Developers

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    While a New York state appeals court recently ruled in Cornell University v. Board of Assessment Review that a solar photovoltaic system is taxable real property, solar developers may be able to mitigate this tax burden with careful planning, says Kaitlin Vigars at Phillips Lytle.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

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