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Energy
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September 26, 2025
Hong Kong Judge Rules $109M Fraud Dispute Stays In Court
A Hong Kong judge refused Friday to send a dispute over ownership of a lucrative copper-lead-zinc mine in the Republic of Congo and an alleged $109 million fraudulent transfer to arbitration, rejecting claims asserted by a Chinese state-owned entity that the matter fell under an arbitration clause.
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September 26, 2025
Dr. Evil Gets Brief Callout In Del. Take-Public Merger Suit
Attorneys for a blank-check company that claimed at least $30 million in damages in Delaware's Court of Chancery after an alleged take-public merger breach on Friday branded the accused breacher's $2.1 billion counterclaim as being "worthy of Dr. Evil in the 'Austin Powers' movies."
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September 26, 2025
Chemical Plant Spat Must Unfold In NY, NC Court Is Told
A Swiss chemical technology company urged a North Carolina state judge Friday to toss a suit alleging that it bungled work on a $200 million plant, arguing during a hearing that it is not a construction company as defined in a state law undergirding where the claims can be litigated.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 26, 2025
'American Exceptionalism' SPAC Leads 2 IPOs Totaling $550M
Two special purpose acquisition companies made their public debuts Friday after pricing initial public offerings at a combined $550 million, with plans to merge with companies in the artificial intelligence, digital assets, fintech, defense and decentralized finance sectors, among others.
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September 26, 2025
Jones Day Hires NY Public Finance Attorney From Orrick
Jones Day announced that its New York office has gained a former Orrick Herrington & Sutcliffe LLP lawyer who advises issuers, underwriters and lenders on public finance and real assets transactions.
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September 26, 2025
Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules
California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.
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September 26, 2025
Judge Won't Overturn $57M Midwest Energy Win In IP Fight
A Delaware federal magistrate judge has refused to disturb a jury's finding that numerous affiliated companies willfully infringed Midwest Energy Emissions Corp. patents on technology for refining coal to reduce mercury in emissions from power plants, leaving in place a $57 million verdict.
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September 26, 2025
Ex-Perkins Coie, DOJ Enviro Lawyer Joins Greenberg Traurig
A former assistant section chief in the U.S. Department of Justice's Environmental and Natural Resources Division has joined Greenberg Traurig LLP's Washington, D.C., office after five years with Perkins Coie LLP.
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September 26, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Sanjeev Gupta’s Liberty OneSteel sue its collapsed former lender Greensill Capital, television personality Janice Dickinson hit ITV with a personal injury claim after falling over while appearing on “I’m a Celeb …”, and energy investor Blasket bring fresh litigation against Spain amid a row over a $416 million arbitration award. Here, Law360 looks at these and other new claims in the U.K.
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September 25, 2025
Standing Questions Loom In Mozambique LNG Loan Dispute
The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.
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September 25, 2025
Mining Cos. Look To Revive $50M Zimbabwe Award Suit
Two Mauritian mining companies will look to challenge a D.C. Circuit decision nixing their lawsuit to enforce an 11-year-old, $50 million arbitral award against Zimbabwe stemming from an ill-fated mining deal, according to documents made public this week.
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September 25, 2025
GAO Says Agencies' Procurement Data Reports Are Lacking
The U.S. Government Accountability Office said in a report on Thursday that most federal agencies that reported procurement data in 2023 failed to complete a procurement data quality report or fell short of meeting all reporting requirements.
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September 25, 2025
Pa. Justices Allow Utilities To Deny Rivals' Billing For Add-Ons
Electricity distributors in Pennsylvania can apply add-ons to their customers' bills for things like smart thermostats, line insurance and tree trimming while denying the same "on-bill billing" service to third-party electricity providers, the state Supreme Court ruled Thursday.
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September 25, 2025
Ukraine Oil Co. Fails To End Disclosure In $150M Award Fight
A Texas federal magistrate judge will not lift disclosure obligations on Ukraine's largest oil company as U.S.-based Carpatsky Petroleum Corp. looks to enforce a $150 million arbitral award against it, ruling that the documents being turned over continue to prove relevant to enforcement efforts.
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September 25, 2025
Biogas Co., Lender End Biz Battle Ahead Of Trial
On the eve of a trial, a biogas project developer and its lenders have ended their legal battle over the financing and control of renewable energy projects and also finalized a roughly $734,000 judgment against the developer and its principal.
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September 25, 2025
EEOC Seeks Partial Win In Suit Over Remote Work Refusal
The U.S. Equal Employment Opportunity Commission asked a Georgia federal judge on Wednesday to grant it partial summary judgment in its disability discrimination lawsuit against a utility services provider that the commission said fired a worker after refusing to accommodate disabilities arising from a stroke.
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September 25, 2025
Climate Activists Accuse US Of Human Rights Violations
The U.S. government is violating young people's human rights by "perpetuating fossil fuel-driven climate destruction," a group of litigants told the Inter-American Commission on Human Rights in a new petition.
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September 25, 2025
EU, US Trade Officials Meeting On Tariff Deal
In advance of a meeting Thursday between European and U.S. trade officials, European Commission trade spokesman said discussion topics could include possible rate reductions and tariff exemptions for additional goods under an evolving bilateral framework trade agreement.
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September 25, 2025
Mich. Judge Won't Disqualify Expert From Edenville Dam Trial
A Michigan state judge overseeing litigation against regulatory agencies over a dam that collapsed and caused widespread flooding said he will not bar an expert from testifying that the government ignored risks and took actions that increased the danger of a dam failure.
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September 25, 2025
Jackson Walker Reaches 2 New Deals Over Judge Romance
Jackson Walker LLP has reached two new settlements to resolve claims related to a concealed romance between a former firm attorney and a onetime bankruptcy judge, marking at least five such settlements since the scandal broke.
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September 25, 2025
Judge Says NY Discharge Law Usurps Feds' Nuclear Authority
A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.
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September 25, 2025
Wis. Judge Backs Wildlife Refuge Land Swap Deal
A Wisconsin federal judge has granted summary judgment to the federal government and two utility companies against all claims in a suit filed by conservationist groups that alleged that the government wrongfully approved a land exchange deal with the utilities so the companies could build part of a 101-mile transmission line project through a wildlife refuge.
Expert Analysis
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.