Energy

Expert Analysis

• Why Colo. Stay Of Trump's Water Rule Is Noteworthy

  

  Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.

• Opinion

  Time To Consider Percentage Rental Agreements For Lawyers

  

  It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

• 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

  

  A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

• A Midyear Look At Key US Sanctions Developments

  

  During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

• What You Say In Online Mediation May Be Discoverable

  

  Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

• Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

  

  Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

• EPA Limits On States' Project Reviews Likely To Face Lawsuits

  

  The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

• 10 Tips For A Successful Remote Arbitration Hearing

  

  As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

• 10 Key Changes In EPA Fuel Regulation Overhaul Plan

  

  The U.S. Environmental Protection Agency's recently proposed overhaul of fuel regulations deserves close review, given the breadth of its coverage, the potential implications of revised emissions compliance mechanisms, and new enforcement questions, says Sarah Grey at Arnold & Porter.

• Opinion

  To Achieve Diversity, Law Firms Must Reinvent Hiring Process

  

  If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

• USMCA's Labor Dispute Tool Raises Hurdles For Mexican Cos.

  

  The U.S.-Mexico-Canada Agreement’s new mechanism for ensuring compliance with Mexico’s labor reforms poses unique challenges for Mexican companies, which now bear the burden of demonstrating that workers' rights are effectively protected, say attorneys at Akin Gump.

• Cybersecurity Steps For Law Firms Amid Heightened Risks

  

  With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

• Justices' Superfund Ruling May Change Settlement Process

  

  The U.S. Supreme Court's recent decision in Atlantic Richfield Co. v. Christian, addressing the interplay of federal and state environmental statutes, may encourage homeowners and other interested parties to get involved in the Superfund settlement process, say Ed Cohen and Tim Briscoe at Thompson Coburn.

• What New Syria Sanctions Mean For US Companies

  

  The novel aspect of the U.S. sanctions against Syria under the Caesar Syria Civilian Protection Act is treatment of the Russian government as a sanctioned entity, so businesses should assess their compliance risk and expect similar legislation in the future, says Jeremy Paner at Ferrari & Associates.

• Opinion

  It's Time For Law Firms To Support Work-From-Home Culture

  

  Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.