Energy

  • April 09, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a major Portuguese bank join the queue of lenders suing Mozambique in the wake of a $2 billion fraud scandal. Russia's sovereign wealth fund target another news outlet over coverage and BP add to the legal woes for its rival Glencore. Here, Law360 looks at those and other new claims in the U.K.

  • April 08, 2020

    3 Key Developments As Coronavirus Cases Top 400K

    As the number of U.S. coronavirus cases exceeded 400,000 — with deaths approaching 15,000 — the White House held a 105-minute pandemic briefing, with guidance on essential workers exposed to infected people, optimism about flattening the curve and a push for $250 billion more for small businesses.

  • April 08, 2020

    Calif. Appeals Court Backs Marathon Refinery Project

    A California appeals court has backed a regional air regulator's approval of a Marathon Petroleum Corp. refinery upgrade project in Los Angeles County, rejecting claims that the project’s environmental review flouted state law.

  • April 08, 2020

    South Korea Co. Will Pay $2M Under DOJ Antitrust Deal

    The U.S. Department of Justice announced a civil settlement Wednesday with Seoul-based Jier Shin Korea Co. Ltd., the last of several with South Korean companies who were accused of rigging bids and fixing prices on U.S. military fuel supply contracts in the country.

  • April 08, 2020

    5th Circ. Says Emerson Not Liable For $8M Turbine Damage

    An Emerson Electric Co. unit was required to fix faulty software but doesn't have to pay $8 million to cover the damage that software caused to a Texas utility's turbine, the Fifth Circuit said Wednesday in a published opinion.

  • April 08, 2020

    Turning To Zoom, Texas Justices Hear $1.7M Negligence Spat

    Texas Supreme Court justices heard their first oral arguments in court history via Zoom on Wednesday while attempting to delineate whether a jury or judge has the power to decide an injured offshore drilling platform worker’s “borrowed employee” status in a $1.7 million negligence suit against W&T Offshore Inc.

  • April 08, 2020

    PG&E Tort Claimants Object To How Utility Plans To Pay Fine

    The tort claimants committee in the PG&E Chapter 11 case is asking a California bankruptcy judge to reject the utility's proposal to route $4 million in fines through their settlement trust, saying the move would create a bad precedent.

  • April 08, 2020

    Enforcement Of €290M NextEra Award Will Remain On Hold

    Efforts by Dutch subsidiaries of U.S.-based NextEra Energy Inc. to enforce a €291 million ($316 million) award against Spain will remain on hold, although Madrid must agree to promptly pay the award if its ongoing set-aside bid is unsuccessful, an international committee has ruled.

  • April 08, 2020

    Fed. Circ. Questions Commerce's Steel Duty Tie-Up Of 3 Cos.

    The Federal Circuit on Wednesday appeared skeptical of the legality of the U.S. Department of Commerce's decision to tie three Taiwanese steel manufacturers into a single entity to calculate a combined anti-dumping duty margin.

  • April 08, 2020

    Pa. Justices To Mull Utility Upgrade Tax Credit Calculations

    The Pennsylvania Supreme Court has agreed to hear an appeal as to whether state utility companies should include their tax deductions and credits when determining how much their customers should pay for infrastructure improvements.  

  • April 08, 2020

    Full 10th Circ. Won't Rethink Holding Refiners To Biofuel Regs

    The Tenth Circuit won’t reconsider its decision to junk exemptions the U.S. Environmental Protection Agency granted to three refineries that temporarily absolved them from having to blend renewable fuels into their products.

  • April 08, 2020

    FERC Tells 2nd Circ. NY Missed Year Deadline In CWA Review

    The Federal Energy Regulatory Commission has told the Second Circuit that when New York environmental regulators waited more than a year to deny a Clean Water Act permit for a roughly $500 million natural gas pipeline project, the state violated a “bright line” time limit to act.

  • April 08, 2020

    Coal Magnate Can't Escape Fraud Claims In $48M Award Fight

    A coal magnate failed to convince a New York federal judge to drop fraudulent transfer claims made by Brazilian oil companies seeking to enforce a $48 million arbitral award stemming from soured iron contracts.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    PG&E Judge Won't OK COVID-19 Letter Co. Atty Called 'Silly'

    A California judge overseeing Pacific Gas and Electric Co.'s bankruptcy declined Tuesday to approve a letter informing Northern California wildfire survivors that COVID-19 has hammered PG&E shares and reduced a $13.5 billion victims settlement fund, after a PG&E attorney slammed opposing counsel's "silly letter" as an effort to kill the deal.

  • April 07, 2020

    DC Circ. Says EPA Can't Roll Back Hydrofluorocarbons Rule

    The D.C. Circuit on Tuesday sided with environmental groups and states that challenged the U.S. Environmental Protection Agency's decision to stop implementing an Obama-era rule restricting hydrofluorocarbon use.

  • April 07, 2020

    PTAB Panel Won't Budge On Having Pending Trials Stop IPRs

    The Patent Trial and Appeal Board's precedent-setting panel has refused to revisit an earlier decision saying the board can deny a patent challenge due to a looming trial in federal district court.

  • April 07, 2020

    ND Judge Tosses Tribe Members' Pipeline Trespass Suits

    A North Dakota federal judge has tossed two proposed class actions by Three Affiliated Tribes members claiming an oil pipeline illegally runs through their land on the Fort Berthold Reservation, ruling the U.S. Department of the Interior's review of the member claims must play out.

  • April 07, 2020

    Consol Can't Rescind Gender Bias Deal After Notifying Court

    Consol Energy couldn't go back on a Jan. 23 email announcing a settlement of its ex-president's gender bias claims because it had told the court to call off her Jan. 27 trial, a Pennsylvania federal judge ruled Tuesday.

  • April 07, 2020

    Kuraray Wants Cellphone Data Order Axed In Explosion MDL

    Chemical company Kuraray America Inc. wants the Texas Supreme Court to overturn an order requiring it to turn over months of supervisors' cellphone data in multidistrict litigation brought by several workers injured in an explosion at its Houston-area refinery.

  • April 07, 2020

    Client's New Firm Not Liable For Old Atty's Share Of Fees

    A Pennsylvania appeals court issued a published decision on Tuesday finding that Spector Gadon & Rosen PC should have targeted its former client — not the client's new firm — for the share of fees it's owed for work on a case that was handed off prior to settlement.

  • April 07, 2020

    Del. OKs Virtual Shareholder Meetings To Stem Virus Risk

    With pandemic-related public gathering bans in place across the country, Delaware on Monday said annual shareholder meetings that have already been announced can be held virtually, in a nod to the risks from COVID-19.

  • April 07, 2020

    Turkmenistan Beats $76M Industrial Projects Contract Claim

    Turkmenistan has fended off a €70 million ($76.28 million) claim asserted by a Turkish engineering and construction firm over several soured industrial project contracts with Turkmenistan state entities when an international tribunal concluded the claims were "manifestly without legal merit."

  • April 07, 2020

    US Report Projects Historic Drop In Oil Production

    The combined effects of the novel coronavirus and a Saudi Arabia-Russia price war will cause annual U.S. oil production to decrease for the first time since 2016 and once again make the nation a crude oil and petroleum product importer, the government said in a report Tuesday.

  • April 07, 2020

    Judge Rejects Sanctions In Calif. Gas Price-Fixing Litigation

    A California federal judge says a dispute over the meaning of comments by the CEO of a refining company owned by Marathon does not merit sanctions against fuel buyers in a proposed class action alleging that a group of refineries fixed the price of gasoline. 

Expert Analysis

  • Fracking Decision Strengthens Precedent On Forced Pooling

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    A Colorado federal court's ruling last month in Wildgrass Oil & Gas Committee v. State of Colorado joins several recent decisions confirming that forced pooling of mineral interests is legal in the context of hydraulic fracturing, says Russell Gips at Copeland & Rice.

  • Corporate Taxpayers Can Be Hopeful About Calif. Tax Appeals

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    Three corporate tax cases decided by the California Office of Tax Appeals since its inception in 2017 employ well-reasoned analysis and fair treatment of taxpayers and tax agencies alike, say Timothy Gustafson and Chelsea Marmor at Eversheds Sutherland.

  • Inside Shareholder Rights Plans Adopted Amid COVID-19

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    Companies including Williams, Occidental Petroleum, Dave & Buster's and Delek have recently adopted shareholder rights plans to protect against unauthorized accumulations of stock as prices decline due to the pandemic. Attorneys at Fried Frank take an in-depth look at these plans and what other companies should consider.

  • Oil And Gas Cos. Must Prepare For Counterparty Bankruptcies

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    With many U.S. oil and gas producers, midstream companies and oil field service businesses struggling to survive the economic shocks from COVID-19 and the Saudi Arabia/Russia standoff, players in this space should be ready for counterparties to seek bankruptcy protection, say attorneys at Reed Smith.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • What Cos. Must Know About EPA's COVID-19 Policy

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    The U.S. Environmental Protection Agency’s recently issued temporary policy on the implications of COVID-19 for environmental enforcement and compliance activities provides some comfort to companies trying to reconcile pandemic control measures with environmental obligations, say Joel Gross and Jonathan Martel at Arnold & Porter.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

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    The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • COVID-19 And Construction Stormwater Discharge Permits

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    As some state and local jurisdictions have begun to direct that construction projects shut down due to COVID-19 concerns, questions have arisen about contractors’ ongoing obligations under their projects’ National Pollutant Discharge Elimination System construction stormwater discharge permits, says Nick Hoogstraten at Peckar & Abramson.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

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