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Energy
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October 30, 2024
KKR, ECP To Plug $50B Into Data Centers, Power Projects
Private equity firms KKR & Co., advised by Simpson Thacher, and Energy Capital Partners have teamed up to inject $50 billion into building data centers and energy generation projects in a bet on meeting rising demand for infrastructure to support the artificial intelligence boom.
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October 29, 2024
'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says
A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.
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October 29, 2024
Mining Co. Must Hand Over Docs To Tribe In Minn. Land Row
A Minnesota federal magistrate judge has determined that the vast majority of documents that a Native American tribe is seeking from a mining company in a land exchange dispute must be turned over to the tribe, ruling that discovery sought prior to 2016 is relevant to the case.
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October 29, 2024
Williams Cos. Applies To FERC For Transco Expansion
A Williams Cos. Inc. unit on Monday submitted an application to the Federal Energy Regulatory Commission to expand the Transco natural gas pipeline's capacity in Virginia, North Carolina, South Carolina, Georgia and Alabama — a proposal over which two environmental groups quickly expressed concern.
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October 29, 2024
Texas Gov., Oil Groups Urge DC Circ. To Revive LNG Projects
Texas Gov. Greg Abbott, the American Petroleum Institute, the Lipan Apache Tribe and others are lining up behind liquefied natural gas project backers asking the full D.C. Circuit to review a panel's decision to nix Federal Energy Regulatory Commission approvals for LNG projects on the Texas Gulf Coast.
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October 29, 2024
Fla. Banker Agrees To Change Plea In Money Laundering Case
A Miami banker who is the son of Ecuador's ex-comptroller on Tuesday agreed to change his plea to guilty in a federal case alleging that he helped launder money for his father, who was convicted for his role in a corruption scandal that involved canceling fines for a hydroelectric dam in exchange for millions in bribes.
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October 29, 2024
Mining Regs Have World Effect On Tribes, High Court Told
A chief of an Indigenous Brazilian community is backing an Arizona tribe in its bid to overturn a decision that allows a copper mining company to discharge treated wastewater into a local waterway, telling the Supreme Court that pollution from such operations impacts more than just health around the world.
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October 29, 2024
Lye Buyers Can't Save Rejected $38.5M Antitrust Settlement
A New York federal judge refused Tuesday to change her mind about rejecting a $38.5 million class settlement between direct chemical buyers and three manufacturers accused of colluding to inflate the price of lye.
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October 29, 2024
PTAB Upholds Solar Co.'s Power Supply Patent
The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.
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October 29, 2024
Russia To Fight Seizure Of Assets In $5B Ukraine Oil Row
The Russian Federation is looking to challenge a recent seizure of its state-owned assets in Finland following a successful bid from NJSC Naftogaz of Ukraine, which aims to enforce a $5 billion arbitration award related to the 2014 expropriation of its Crimean assets.
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October 29, 2024
Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'
A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him.
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October 29, 2024
DQ'd Zeta Atty Using MDL Info In Other Cases, Plaintiffs Say
A group of crew members aboard a Transocean drilling rig during Hurricane Zeta asked a Harris County judge Monday to sanction the company and its former law firm, writing that a former attorney has continued to use information he obtained while working on the case despite being disqualified in 2023.
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October 29, 2024
Texas Judge Rejects Early Win In Water Pollution Dispute
A Texas federal judge denied on Tuesday an insurer's bid for an early win in its lawsuit against a water supply company accused of providing contaminated water to Cameron County residents, despite the insurer's argument that pollution exclusions in multiple policies bar coverage for the underlying claims.
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October 29, 2024
ND Riverbed Fight Has Been Festering For 50 Years, Court Told
A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.
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October 29, 2024
BOEM Holds Gulf Of Maine Wind Lease Sale
An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.
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October 29, 2024
FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told
The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.
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October 29, 2024
Oil Trader's Brother Gets Probation, Fine For Brazilian Bribes
An ailing Connecticut man who admitted to helping his brother pull off a scheme to bribe officials at Brazil's state-owned oil company has been sentenced to probation, a fine and asset forfeiture, federal court records showed Tuesday.
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October 29, 2024
Judge Rules Texas Grid Projects Law Unconstitutional
A Texas federal judge on Monday ruled that a right of first refusal law in Texas reserving new power line development for the state's incumbent transmission companies violates the U.S. Constitution's commerce clause.
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October 28, 2024
Judge Hopes To Avoid Vote Issue Repeat In Talc Ch. 11 Plan
A Delaware bankruptcy judge on Monday told a pair of talc producers that the proposed creditor voting procedures on their joint Chapter 11 plans will need some work to avoid a repeat of the voting problems that derailed a previous attempt to settle asbestos injury claims.
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October 28, 2024
Russia Says High Court Case May Help Nix $5B Award Suit
Russia has told a D.C. federal court that a case recently accepted for review by the U.S. Supreme Court may provide it a path to argue that the court lacks jurisdiction to decide a case brought against the country by a Yukos Oil Co. unit.
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October 28, 2024
Texas Sues Biden Admin Over Mussels' Endangered Status
Texas sued the U.S. Department of the Interior over a recent federal classification naming several central-Texas mussel species as endangered or threatened, telling a Texas federal court Monday that the agencies failed to consider current conservation efforts and economic impacts of the new rule.
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October 28, 2024
Metals Co. Owner Convicted Of Tax Fraud In $58M Theft Case
A Delaware federal jury convicted the owner of a gold and silver depository of tax fraud and other crimes tied to the government's accusations that he stole $58 million in precious metals from his customers, according to court filings.
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October 28, 2024
Wrongful Death Coverage Capped At $1M, Zurich Says
Zurich urged a Colorado federal court to grant it an early win in a lawsuit brought by a pipeline construction company stemming from an underlying wrongful death action, arguing that relevant policy language only guaranteed the company $1 million instead of twice that amount.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
Calif.'s 2018 Fire Reimbursement Suit Meets Skeptical Judge
A Los Angeles judge appeared dubious Monday that the state of California can use litigation against Southern California Edison to recover emergency funds distributed to local agencies that responded to the destructive Woolsey Fire in 2018.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.