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Energy
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November 04, 2025
Ex-Employees Accuse Colo. Solar Firm Of Equity Fraud
Former employees of a Denver-based solar and storage development company allege it committed fraud by promising them nearly $2 million in private equity in the company but later slashing the value to avoid properly compensating them after laying off the pair, according to a suit filed in Colorado state court.
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November 04, 2025
Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting
Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.
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November 04, 2025
EU Opens In-Depth Probe Of MMG's Nickel Mine Deal
European enforcers have deepened a probe into MMG's planned purchase of Anglo American's nickel business in a deal worth up to $500 million, saying the Chinese state-backed mining company could divert supplies of a material needed for stainless steel production.
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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.
Expert Analysis
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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.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Data Center Construction Trends, Challenges In Ill. And Texas
Data centers in Illinois and Texas are reshaping the industrial landscape, but this growth brings legal complexity, so developers, contractors and corporate legal departments must have a deep understanding of each state's legal terrain and take a proactive approach to risk management, say attorneys at Hicks Johnson.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.