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Energy
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 10, 2025
Reed Smith Int'l Arbitration Pro Jumps To Bracewell In NYC
Bracewell LLP has added an international arbitration practitioner with more than two decades of BigLaw experience across a range of industries and locations, including most recently as a partner at Reed Smith LLP, to its New York roster, as the firm looks to grow the practice area.
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June 09, 2025
Battery Startup, CEO To Pay $300K Over SEC Fraud Claims
Battery developer NDB Inc. and its CEO have agreed to pay $300,000 in civil penalties to settle allegations by the U.S. Securities and Exchange Commission that they raised $1.2 million from about 70 investors on misleading claims about a "nano diamond battery" NDB aimed to make.
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June 09, 2025
Texas, BlackRock Face Judge's Questions Over Coal Suit
A Texas federal judge on Monday questioned BlackRock Inc. and a Republican-led coalition over claims that the asset manager conspired with others in the industry to drive down coal production through its investment in publicly traded energy companies, wondering whether pressure placed on the companies to provide more detailed climate disclosures was enough to move the lawsuit forward.
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June 09, 2025
Treasury Warns Of Iranian 'Shadow Banking,' Oil Smuggling
The Treasury Department has laid out red flags that financial institutions should monitor for identifying and reporting possible sanctions evasion schemes and other suspicious activity tied to the Islamic Republic of Iran, including illicit oil smuggling and the use of "shadow banking" networks.
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June 09, 2025
Venezuela Ordered To Pay $108M Over Withheld Oil Dividends
A D.C. federal judge on Monday ordered Venezuela to pay an arbitral award owed to a Barbadian oilfield investor now worth some $108 million, ruling in an apparently novel opinion that enforcing the award would not contravene the U.S. government's recognition of Caracas' interim government.
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June 09, 2025
Vicor Short Sellers Lose Shareholder Suit Over AI Chip Deal
A California federal judge has dismissed a proposed class action brought by short sellers, who alleged power systems manufacturer Vicor misled investors about an anticipated artificial intelligence chip deal, ruling the company's statements were forward-looking projections and potentially not false when made.
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June 09, 2025
Enviro Groups, Tribes Can Intervene In Coal Leasing Ban Row
A Wyoming federal judge allowed a coalition of tribes and environmental groups to intervene in a challenge to the Biden administration's 2024 decision ending new coal leasing on public lands in the Powder River Basin, citing the groups' participation in prior suits over leasing at the site.
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June 09, 2025
Senate Confirms Gibson Dunn Partner For EPA's No. 2 Post
The U.S. Senate on Monday confirmed David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
FCC Says Power Cos. Can Call Customers About Usage
The Federal Communications Commission ruled Monday that power companies are free to call or text customers who have supplied their telephone numbers to inform them about so-called "demand management" programs aimed at cutting usage during peak hours.
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June 09, 2025
US Eyes Deal With China On Rare Earths, Chips, Official Says
The U.S. government hoped to reach an agreement Monday with China's government to loosen export controls on rare earth elements in exchange for the U.S. relaxing controls on semiconductors, the White House National Economic Council director said.
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June 09, 2025
Madigan Denied Acquittal, New Trial Ahead Of Sentencing
An Illinois federal judge on Monday denied former Illinois House Speaker Michael Madigan's bid for acquittal or a new trial, clearing the way for him to be sentenced for bribery, wire fraud and conspiracy later this week.
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June 09, 2025
Tesla Buyers End 'Right To Repair' Monopoly Suit
Tesla drivers have agreed to permanently end their consolidated proposed class action accusing the company of running an illegal monopoly on parts for its electric vehicles and repair services, according to a proposed stipulation that a California federal judge signed off on Monday.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
Vice Chancellor Wants Clarity On Del. Corporate Law Change
Citing "an important and urgent" need, a Delaware vice chancellor has asked the state supreme court to rule on the constitutionality of recent corporate law amendments providing conflicted directors or controlling investors expanded "safe harbor" liability shields for contested actions.
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June 09, 2025
Iowa Expands Property, Sales Tax Breaks For Data Centers
Iowa expanded property tax and sales and use tax breaks for data centers to include leased facilities under legislation signed by the governor.
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June 09, 2025
Residential Solar Panel Co. Sunnova Hits Ch. 11 With $9B Debt
Sunnova Energy International, a major residential solar panel designer, filed for Chapter 11 protection in Texas Sunday, with $8.9 billion in debt amid an industry downturn and uncertainty around the future of government incentive programs for solar projects.
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June 09, 2025
Solar Mosaic Files Ch. 11 As Congress Plans Tax Credit Cuts
Home solar panel financing company Solar Mosaic has filed for Chapter 11 protection in a Texas bankruptcy court with more than $264 million in debt and sale plans, saying it is facing a contracting solar energy market and uncertainty over the future of federal solar panel tax credits.
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June 09, 2025
Crane Co. Nabs Baker Hughes' PSI Biz In $1.15B Deal
Industrial manufacturing and technology company Crane Co., led by K&L Gates LLP, announced plans Monday to acquire Precision Sensors & Instrumentation from energy technology company Baker Hughes, advised by Baker McKenzie, for roughly $1.15 billion in cash.
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June 06, 2025
Legislative Reprieve For Texas Green Energy Isn't Permanent
Texas renewable energy companies dodged another bullet when several bills that would have restricted development died in the state Legislature a second time, but the industry remains on guard for future attempts to more tightly regulate renewable projects.
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June 06, 2025
DC Circ. Backs FERC Extension For Southgate Pipeline Work
A D.C. Circuit panel on Friday affirmed the Federal Energy Regulatory Commission's construction deadline extension for the Mountain Valley Pipeline's southern spur, with one judge characterizing a suit challenging it as "typical" of litigation that has stymied American progress.
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June 06, 2025
Wyo. Landowners' Attys Score $5M From Anadarko Deal
A Wyoming federal judge awarded more than $5 million in attorney fees and expenses Friday to attorneys for a class of landowners that accused an oil extraction company of hoarding permits to block oil and gas projects.
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June 06, 2025
Feds Want Comments On Altering ESA Conservation Rule
The U.S. Fish and Wildlife Service on Friday said it's considering altering a Biden-era rule intended to increase participation in voluntary conservation programs, and asked the public for input.
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June 06, 2025
Arizona Mining Co. Challenges $417M Ruling In Peru Dispute
Peru breached its U.S. trade agreement by imposing $417 million in penalties and interest on the unpaid royalties of an Arizona-based mining company's local operator, the company said while asking international arbiters to partially annul an award that it claimed mistakenly ignored the issue.
Expert Analysis
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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Foreign Countries Have Strong Foundation To Fill FCPA Void
Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Why Trade Cases May Put Maple Leaf Deference On Review
When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.