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Energy
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November 13, 2025
Jenner & Block Resolves $8M Fee Fight With Sierra Leone
Jenner & Block LLP and its former client Sierra Leone have resolved their fight over unpaid legal fees and allegedly fraudulent overbilling in the nation's underlying dispute with its iron ore mining concessionaire Gerald International Ltd., according to a minute order issued Thursday in D.C. federal court.
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November 13, 2025
Eaton Witnesses Probed About Data Used For Credit Analysis
An accounting expert and a former Eaton Corp. official both advised the U.S. Tax Court on Thursday about the data used to establish the financial position of the U.S. company after its acquisition of Irish-based Cooper Industries in 2012.
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November 13, 2025
Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock
Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.
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November 13, 2025
Latin American Trade Deals With US Include Zero Tariff Rates
Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.
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November 13, 2025
EV Makers Tell 1st Circ. Fuel Economy Rule Freeze Unlawful
A coalition of electric vehicle manufacturers and suppliers told the First Circuit that the Trump administration has created a regulatory vacuum by refusing to enforce existing vehicle fuel economy standards, jeopardizing more than $100 million in compliance credits that are essential to the EV industry.
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November 13, 2025
High Court's Tariff Ruling May Trigger Refunds, Reimposition
Importers are being advised to prepare for potential refunds in the event the U.S. Supreme Court rules President Donald Trump's emergency tariffs are unlawful, leaving questions about how a refund process might play out and whether the duties would be reimposed.
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November 13, 2025
Fuel Excise Tax Is Most Used Carbon Measure, OECD Says
Fuel excise taxes are the most common measure aimed at curbing greenhouse gas emissions, according to a report released Thursday by the Organization for Economic Cooperation and Development, which noted that these provisions covered 24% of 79 countries' emissions in 2023.
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November 13, 2025
Winston & Strawn's Paris Arbitration Head Joins K&L Gates
K&L Gates LLP announced Thursday it has hired Winston & Strawn's former Paris head of arbitration as a litigation and dispute resolution partner to strengthen the firm in international arbitration.
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November 13, 2025
Insurers Say No Coverage For Conn. Quarry Closure Dispute
A pair of Allied World insurers said they don't owe coverage to East Haven, Connecticut, for a dispute over the politically motivated shutdown of a local quarry, telling a federal court that their duty to defend under the policies was never triggered.
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November 13, 2025
Mining Co. Digs At Friend Turned Foe In $7.38B Citgo Battle
A Bermuda mining company has sued a Canadian counterpart in the Delaware Chancery Court for allegedly using insider information from a confidential bidding alliance to switch sides in a court-run auction of Citgo Petroleum's parent company.
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November 13, 2025
Presidential Firing Limits Needed At FERC, Justices Told
Former Federal Energy Regulatory Commission members on Thursday told the U.S. Supreme Court that overturning limits on the president's authority to fire certain agency officials could undermine FERC's independent oversight of the electricity and gas industries and harm companies and consumers.
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November 12, 2025
Colo. Hemp Farmers' Subpoena 'Premature' In $200M Suit
A Colorado federal judge quashed two hemp growers' subpoena against a state solar company Wednesday and similarly shot down their attempt to force another solar company to produce certain documents in their lawsuit alleging that the company caused $200 million in crop damage while constructing a solar panel project.
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November 12, 2025
Wage Rule Inapplicable To 'Plug And Play' Work, Panel Told
A New Jersey utility systems installer told a state appellate panel Wednesday that its subcontracted cell tower work — limited to plugging in pre-terminated fiber optic cables — was wrongly categorized under the state's prevailing wage for electricians instead of the lower rate under the electrician teledata classification.
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November 12, 2025
Fed. Circ. Reverses Ax Of Oil Tool Patent And Fixes Error
The Federal Circuit ruled Wednesday that a Texas federal judge wrongly invalidated an oil well tool patent as indefinite, saying the patent contains a rare example of an error that is so clear it can be corrected by a court.
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November 12, 2025
Energy Co. Agrees To Class Status In 401(k) Fee Suit
NextEra Energy told a Florida federal court Wednesday that it agreed to the certification of a 20,000-member class in a lawsuit claiming the company misused forfeited 401(k) plan funds and allowed the plan's recordkeeper to charge excessive fees.
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November 12, 2025
2 Firms Guide Baytex On $2.3B Sale Of Eagle Ford Assets
Vinson & Elkins LLP and Burnet Duckworth & Palmer LLP are advising Baytex Energy Corp. on its agreement to sell its U.S. subsidiary, Baytex Energy USA Inc., to an undisclosed buyer for about $2.3 billion, the company said Wednesday.
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November 12, 2025
FERC Can't Order Refund Of Extra Tax Costs, DC Circ. Told
The Federal Energy Regulatory Commission requiring an Energy Transfer LP unit to refund customers extra costs tacked onto its rates for deferred federal income tax reasons was unlawful retroactive ratemaking, the subsidiary told the D.C. Circuit, urging a reversal of the commission's order.
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November 12, 2025
Ill. Justices Probe 'Catch-22' In $7B Grain Belt Line Fight
Illinois Supreme Court justices considering whether to uphold an Illinois agency's authorization of part of the $7 billion Grain Belt Express high-voltage transmission line on Wednesday pressed counsel for landowners insisting they shouldn't to address whether their argument creates a "catch-22" for the developer if it can't get funding without regulatory signoff but needs regulatory approval to secure financing.
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November 12, 2025
China Continues To Drive Surge In Global Patent Applications
The number of patent applications filed worldwide in 2024 surged, continuing years of growth due in significant part to filings out of China, according to a World Intellectual Property Organization report released Wednesday.
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November 12, 2025
Energy Dept. Sued Over Blue State Project Award Rescissions
Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.
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November 12, 2025
Pine Gate Gets $800M+ DIP After Revising Rollup
A Texas bankruptcy judge signed an order authorizing solar energy developer Pine Gate Renewables to roll up about $800 million in debt as part of its postpetition funding, after declining an earlier proposal that would have rolled up $1.4 billion on an interim basis.
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November 12, 2025
Boulder Fights Exxon's High Court Bid To Sink Climate Suit
The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.
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November 12, 2025
Marathon Prevails In Texas Business Court Gas Contract Trial
A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.
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November 12, 2025
Enbridge, Michigan Clash On Power To Shut Down Pipeline
Energy infrastructure company Enbridge and the state of Michigan on Wednesday debated before a federal judge whether state or federal authority should win the day in their long-running dispute over the future of a petroleum pipeline that crosses the Great Lakes.
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November 12, 2025
2nd Circ. Rejects Exxon's En Banc Plea Over Atty Fee Ruling
The Second Circuit has rejected Exxon, BP, Shell and the American Petroleum Institute's bid for en banc review of a lower court's decision to award attorney fees to New York City, which is suing them over allegations of deceptive practices around climate change.
Expert Analysis
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Cos. Face Convergence Of Anti-Terrorism Act, FCPA Risks
Recent moves by the U.S. Department of Justice to classify cartels and transnational criminal organizations as terrorist groups, and to use a range of statutes including the Foreign Corrupt Practices Act to pursue these types of targets, mean that companies operating in certain jurisdictions are now subject to overlapping exposure, say attorneys at Miller & Chevalier.