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Energy
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December 10, 2025
Judge Probes IRS Expert On Method For Eaton's Credit Rating
A U.S. Tax Court judge asked an IRS expert Wednesday about his calculation of a standalone credit rating for Eaton's U.S. group in 2012, when it acquired an Irish entity and inverted, noting that the expert, unlike ratings agency Standard & Poor's, factored in Eaton's debt to the Irish parent.
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December 10, 2025
Boardwalk Pipeline Case Sees Partial Reversal
The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.
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December 10, 2025
Mont. Youths Say State, Gov. Violated High Court Enviro Ruling
A group of young Montanans is asking the state Supreme Court to decide whether two laws that weaken environmental policies in the state violate their constitutional right to "clean and healthful" surroundings.
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December 10, 2025
Court Asks If Morgan Stanley Liable In Alleged $250M Scheme
A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.
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December 10, 2025
11th Circ. Urged To Undo Atty Docs Disclosure In Peru Case
Florida attorneys representing more than 1,000 Peruvian lead refinery workers in a toxic exposure action urged the Eleventh Circuit on Wednesday to overturn an order requiring the disclosure of documents related to former cocounsel in a foreign criminal proceeding, saying the files are protected by attorney-client privilege.
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December 10, 2025
MVP: Milbank's Jenna McGrath
Jenna McGrath of Milbank LLP took the regulatory lead in getting major transactions in the power sector to the finish line, earning her a spot among the 2025 Law360 Energy MVPs.
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December 10, 2025
4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight
The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.
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December 10, 2025
Tribunal Tells Ecuador To Pay $221M In Chevron Case
An international tribunal in The Hague said the Republic of Ecuador must pay nearly $221 million to the Chevron Corp. in connection to a decades-long dispute over pollution in the Amazon.
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December 10, 2025
OCC Review Flags Big Banks For Debanking Policies
A top U.S. banking regulator said Wednesday that some of the nation's largest banks improperly restricted services to industries including adult entertainment and oil drilling, according to preliminary findings from a White House-commissioned debanking review.
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December 10, 2025
V&E-Advised Geothermal Co. Wraps $462M Funding Round
Geothermal power company Fervo Energy, advised by Vinson & Elkins LLP, revealed Wednesday that it closed an oversubscribed Series E funding round after raising $462 million in capital, which will be used to boost the company's growth.
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December 09, 2025
Florida Bill Seeks To Shield Landowners From Pollution Suits
A Florida lawmaker has introduced a bill that would add hurdles to those looking to sue over pollution damages caused by old phosphate mines, giving property owners a new defense to avoid strict liability claims.
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December 09, 2025
NY Appeals Court Revives $77M Solar Plant Guaranty Fight
A New York state appeals court on Tuesday revived a lawsuit from solar facility operators seeking to enforce a more than $77 million arbitration award against Italian energy conglomerate Enel SpA, finding Enel's guaranty agreements with the operators are ambiguous.
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December 09, 2025
FERC's Fate Uncertain As Humphrey's Executor Teeters
The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.
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December 09, 2025
Judge Wants Cost-Benefit Analysis Of Eaton Guarantees
A U.S. Tax Court judge asked one of Eaton's experts Tuesday how much the company could have saved by issuing debt from its new Irish parent in 2012 instead of having the parent guarantee bonds the U.S. company issued to third parties.
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December 09, 2025
Ex-Oil Trader Gets 15 Months, Avoids FCPA Forfeiture For Now
A former Connecticut oil trader convicted of violating the Foreign Corrupt Practices Act by laundering money and bribing officials at Brazilian oil giant Petróleo Brasileiro SA on Tuesday was sentenced to 15 months behind bars plus a $300,000 fine, avoiding for now a potential $7.8 million forfeiture order.
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December 09, 2025
Texas Appeals Court Weighs $38M Electrocution Judgment
A Texas appellate court wanted to know why it should uphold a $38 million judgment against Oncor Electric Delivery Co. LLC for a man who was electrocuted while trimming trees around a power line, asking Tuesday how Oncor's actions caused the man's injuries.
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December 09, 2025
Akerman Adds Steptoe Counsel To DC Corporate Team
Akerman LLP has hired a former of counsel from Steptoe LLP who started his career in public service working as an attorney advisor at the Federal Energy Regulatory Commission, the firm announced Monday.
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December 09, 2025
MVP: Latham's Justin Stolte
Justin Stolte of Latham & Watkins LLP helped companies around the globe broker multibillion-dollar energy and infrastructure deals, earning him a spot among the 2025 Law360 Energy MVPs.
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December 09, 2025
Latham Adds Energy Ace From Kirkland In Houston
Latham & Watkins LLP has strengthened its mergers and acquisitions and private equity practice with a Houston-based partner who came aboard after more than a decade with Kirkland & Ellis LLP.
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December 08, 2025
Trump's 'Unlawful' Freeze Of Wind Projects Gets Blocked
A Massachusetts federal judge Monday blocked President Donald Trump's executive order indefinitely pausing permits for wind farm projects, ruling that the order was arbitrary and capricious and contrary to the law.
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December 08, 2025
7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy
7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.
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December 08, 2025
Uranium Tech Investors Get Class Cert., Beat Dismissal Bid
Investors in uranium enrichment company ASP Isotopes Inc. have secured class certification and defeated most of the company's dismissal arguments in a suit claiming ASPI misrepresented the capabilities of its "Quantum Enrichment" technology, which led to a stock price drop when the truth was revealed.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
Trump Admin Backs Exxon In Cuba Property Seizure Case
The Trump administration is pressing the U.S. Supreme Court to rule in favor of Exxon Mobil Corp. and find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property abrogates the sovereign immunity of Cuban agencies and instrumentalities.
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December 08, 2025
Court Remands Malaysian Wind Tower Duties For Details
The U.S. Department of Commerce must detail certain decisions in a countervailing duty administrative review of a Malaysian utility wind tower producer, according to a Court of International Trade opinion that partially remanded the government's determination for further explanation.
Expert Analysis
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The Ohio Supreme Court In 2025: A Focus On Civil Procedure
If 2025 will be remembered for any particular theme at the Ohio Supreme Court, it might just be the justices' focus on procedural issues, including in three cases concerning, respectively, proper service, response time and pleading standards, says Bradfield Hughes at Porter Wright.
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State, Federal Incentives Heat Up Geothermal Projects
Geothermal energy can now benefit from dramatically accelerated permitting for development on federal land as well as state-level renewable energy portfolio standards — but operating in the complex legal framework surrounding geothermal projects requires successful navigation of complex water rights and environmental regulations, say attorneys at Holland & Hart.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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Series
The Law Firm Merger Diaries: How To Build On Cultural Fit
Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.
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Rare Tariff Authority May Boost US Battery Manufacturing
Finalizing preliminary tariffs on active anode material from China — the result of a rare exercise of statutory authority finding that foreign dumping hampered the development of a nascent U.S. industry — should help domestic battery manufacturing, but potential price increases could discourage related clean-energy use, say attorneys at MoloLamken.
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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What Developers Must Know About PJM Grid Connection Plan
As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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Global Net-Zero Shipping Framework Faces Rough Waters
The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.
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1st Trial After FCPA Pause Offers Clues On DOJ Priorities
After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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How New Law Transforms Large-Load Power Projects In Texas
S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
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Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
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Justices' Ruling Will Ease Foreign Arbitral Award Enforcement
The U.S. Supreme Court's recent decision in Fuld v. Palestine Liberation Organization suggests that U.S. courts can constitutionally decide whether to recognize and enforce foreign arbitral awards in accordance with U.S. treaty obligations, regardless of the award debtor's connections to the U.S., says David Cinotti at Pashman Stein.