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Energy
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November 04, 2025
Judge Voids DOT Directive Tying State Grants To Immigration
The U.S. Department of Transportation cannot condition billions in grants on states cooperating with President Donald Trump's immigration crackdown, a Rhode Island federal judge ruled Tuesday, saying the administration "blatantly overstepped" its authority by imposing sweeping and unlawful conditions on federally appropriated funds.
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November 04, 2025
DC Circ. Backs DOE's Tougher Furnace Efficiency Rules
The D.C. Circuit on Tuesday upheld the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, rejecting arguments from gas utility and industry groups that the rules unlawfully force an expensive switch to new appliances.
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November 04, 2025
Rare Earth Cos. Announce $1.4B Partnership With US Gov't
Two companies said they have entered into a $1.4 billion joint partnership with the U.S. Department of Defense aimed at boosting the country's domestic rare earth magnet supply chain.
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November 04, 2025
Ex-View CFO Must Face SEC Suit Over Negligence Claim
A California federal judge has ruled that the U.S. Securities and Exchange Commission has enough evidence to move forward with its negligence claim against a former chief financial officer of "smart" glassmaker View Inc. and that a jury should decide whether the related alleged misstatements were significant to investors.
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November 04, 2025
Collective Cert. Denied In OT Row Under 6th Circ. Standard
An Ohio energy company customer service representative failed to meet the Sixth Circuit's standard for collective certification, a federal judge ruled, denying her certification bid in her suit accusing the employer of failing to pay call center workers for the preshift work they performed.
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November 03, 2025
Squires' First Orders Reject PTAB Petitions En Masse
U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation.
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November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted
States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
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November 03, 2025
Eaton Debt Analysis Must Trace Distinct Steps, Tax Court Told
An attorney for Eaton Corp. told the U.S. Tax Court on Monday that the interest rates and guarantee fees the company paid to its newly formed Irish parent in 2012 must be analyzed as a set of distinct steps, beginning with determining a standalone credit rating for the U.S. company — an analysis a government attorney said was "needlessly elaborate."
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
2nd Circ. Denies Reed Smith Relief In Eletson Discovery Feud
The Second Circuit has rejected a bid from Reed Smith to pause a lower court ruling ordering the new owner of international shipping company Eletson Holdings to turn over documents requested by competitor Levona Holdings Ltd, finding the law firm failed to make its case to hold off on granting access to the documents.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order
The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
Equipment Breakdown Insurers Needn't Cover Iron Plant Loss
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
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November 03, 2025
Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange
An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.
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November 03, 2025
5 Firms Build Merger That Creates $7B Precious Metals Biz
Metals producer Coeur Mining Inc. on Monday announced plans to acquire Canadian-focused intermediate mining company New Gold Inc. in a deal that boasts a total equity value of roughly $7 billion and was built by five law firms.
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November 03, 2025
GE Can't Nix Suit Over Power Plant Worker's Injuries
A Pennsylvania federal judge won't let General Electric Co. and Joenic Steel LLC out of a suit by a power plant worker who alleges that he was injured while installing a faulty expansion joint, saying the companies' arguments will have to go in front of a jury.
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November 03, 2025
5th Circ. Asks If New Review Needed For Texas Gas Facility
A Fifth Circuit panel pressed the Texas Commission on Environmental Quality to explain whether it can greenlight an extension for construction of a liquefied natural gas facility without again reviewing facility emissions, asking Monday what to do with language in the law seemingly calling for another review.
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November 03, 2025
Wolfspeed Says Gas Supplier Reneged On Equipment Deal
Recently bankrupt semiconductor company Wolfspeed Inc. accused a bulk gas supplier in North Carolina federal court of failing to follow through on a contract by not removing gas equipment and suspending service fees.
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November 03, 2025
Energy Specialist Atty Rejoins V&E In Houston From Weil
Vinson & Elkins LLP announced Monday that an energy-focused corporate attorney has rejoined the firm in Houston from Weil Gotshal & Manges LLP.
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November 03, 2025
2 Firms Guide Eaton's $9.5B Data Center Cooling Push
Power management company Eaton Corp., based in Ireland with major U.S. operations, announced Monday it will buy the Boyd Thermal business from Boyd Corp. for $9.5 billion, deepening its push into data center infrastructure amid rising demand for power and efficiency.
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November 03, 2025
Milbank Launches Digital Infra Team As AI Market Booms
Milbank LLP is launching a cross-disciplinary team to capitalize on its digital infrastructure capabilities as demand for assets such as data centers continues to surge.
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November 03, 2025
Kirkland, Gibson Dunn Lead $12.8B SM Energy, Civitas Merger
Independent energy company SM Energy, advised by Gibson Dunn & Crutcher LLP, and fellow energy company Civitas Resources, led by Kirkland & Ellis LLP, on Monday announced plans to merge in an all-stock deal that gives the combined company an enterprise value of $12.8 billion.
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October 31, 2025
Ex-Tech Co. VP Claims She Was Fired For Not Joining Church
A female former executive at a clean energy technology company has claimed in Pennsylvania federal court that she was terminated from her job after refusing her boss' alleged attempts to convert her to the Church of Latter Day Saints, and that she was told that women are "better suited staying home."
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October 31, 2025
Reps Pan Plans To Pull Troops, Test Nuclear Weapons
Republican and Democratic lawmakers in Congress urged the Trump administration to rethink decisions to pull some troops from Europe and restart nuclear weapons tests, with some calling them dangerous and uncoordinated moves.
Expert Analysis
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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Decoding Arbitral Disputes: ICSID Enforcement In Australia
The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.