Energy

Expert Analysis

• What To Expect Under New SEC Enforcement Director Grewal

  

  Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

• White House Vision For Carbon Capture Faces Obstacles

  

  A recent White House Council on Environmental Quality report suggests policies that could bolster carbon capture and storage projects in the U.S., but federal and state regulators and the private sector will face red tape, environmental justice concerns and other challenges in expanding CCS infrastructure, say Ethan Shenkman and Sarah Grey at Arnold & Porter.

• Law Firms, Know Who's Responsible For Your Cloud Security

  

  Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

• Texas Power Crisis Suits Bring Market Price Questions

  

  As lawsuits mount centering on Texas' February power crisis, the Electric Reliability Council of Texas operating reserve demand curve will be critical in pinning down what prices would have been absent the Texas Public Utility Commission's interference and how much the generators now owe the suppliers for the shortfall, say Todd Aagaard at Villanova University Law School and Andrew Kleit at Penn State University.

• Benefits For Law Firms Venturing Into New Services

  

  By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

• 6 Ways To Excise Xinjiang Forced Labor From Supply Chains

  

  As the U.S. increases scrutiny of China's Xinjiang province and considers legislation to bar all goods produced, mined or manufactured there unless the importer can prove the absence of forced labor, importers can take steps to ensure supply chain compliance, say Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block.

• Green Investments Are Not Immune To ESG Scrutiny

  

  As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

• New FTC Mergers Approach Raises Risks For Buyers, Sellers

  

  In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

• Series

  Embracing ESG: Exelon GC Talks Diversity Initiatives

  

  Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

• Methane Rule Changes Add Complexity For Oil And Gas Cos.

  

  President Joe Biden's recent move to reinstitute regulation of methane under the federal New Source Performance Standards, thus rolling back changes made by the prior administration, creates additional compliance challenges for oil and gas transportation and storage companies, say Whit Swift and Brittany Pemberton at Bracewell.

• Revamping Law Firm Marketing Lists — With Partner Buy-In

  

  Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

• First 2021 Corporate FCPA Case Offers Compliance Reminders

  

  Foster Wheeler's recent Foreign Corrupt Practices Act settlement — the first corporate enforcement action since President Joe Biden took office — highlights the FCPA risks related to public contracting and tenders, the use of third-party agents, successor liability following M&A activity, and the U.S. authorities' aggressive assertion of jurisdiction in international corruption cases, says Robert Johnston Jr. at Lowenstein Sandler.

• Gov't Contractor Input Vital After Biden Cybersecurity Order

  

  The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

• The Murky World Of Legal Rankings Gets Some Clarity In NJ

  

  New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

• Justices' Biofuel Exemption Ruling Boosts Small Refineries

  

  The U.S. Supreme Court's recent decision in HollyFrontier Cheyenne Refining v. Renewable Fuels Association, enabling the revival of lapsed exemptions from biofuel requirements under the Clean Air Act, gives small oil refineries added flexibility, says Scott Press at Goldberg Segalla.