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Energy
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September 17, 2025
Posting Standards Violates Copyright, ASTM Tells 3rd Circ.
The American Society for Testing and Materials told a Third Circuit panel in Philadelphia on Wednesday that a Pennsylvania federal judge was wrong to find that another company's posting of its copyrighted technical standards online was a noninfringing fair use of the material.
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September 17, 2025
2nd Circ. Won't Block Eletson Doc Transfer In Shipping Row
The Second Circuit on Wednesday declined Reed Smith LLP's emergency request to block the turnover of client files created amid its representation of Greece-based shipping company Eletson Holdings prior to an October 2024 reorganization, but agreed to refer the stay motion to a three-judge panel for consideration.
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September 17, 2025
11th Circ. Seems Open To Reviving Mortality Table Suit
The Eleventh Circuit on Wednesday seemed open to reviving a proposed class action from married energy company retirees who claim outdated life expectancy data caused them to lose out on benefits, with judges questioning the lower court's holding that actuarial assumptions don't have to be reasonable.
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September 17, 2025
Judge Won't Let Denver Slip Suit Over Bans On Gas Appliances
A Colorado federal judge partially granted environmentalist group Sierra Club's bid to dismiss a suit filed by a coalition of industry trade groups suing Denver over the city's restrictions on certain natural gas appliances.
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September 17, 2025
USTR Seeks Feedback On USMCA In Advance Of Joint Review
The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.
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September 17, 2025
EXIM Bank Wants Suit Over $20B Mozambique LNG Project Axed
The Export-Import Bank of the United States is asking a D.C. federal judge to toss green groups' effort to block $4.7 billion in financing for a liquefied natural gas project in Mozambique led by TotalEnergies SE.
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September 17, 2025
WaterBridge Reaches $634M IPO Pricing, Guided By 2 Firms
WaterBridge Infrastructure said it priced an upsized $634 million initial public offering at the top of its range when the company began trading Wednesday with advice by Latham & Watkins LLP and Gibson Dunn & Crutcher LLP.
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September 17, 2025
ADNOC-Led Group Abandons $18.7B Bid For Santos
A consortium led by a subsidiary of Abu Dhabi National Oil Company said Wednesday it has abandoned a roughly $18.7 billion non-binding takeover lobbed at global energy company Santos Ltd. back in June.
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September 17, 2025
Bracewell Hires Energy Atty From Baker Botts In DC
Bracewell LLP said Wednesday that it has brought on a new Washington, D.C.-based partner who advises companies on environmental and energy transition issues and began his career as a scientist.
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September 17, 2025
Bracewell Expands Energy Team With Trio Of New NY Partners
Bracewell LLP has made three new additions to its global energy finance and infrastructure practices and said Tuesday that the moves enhance its project finance and power teams in the U.S.
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September 17, 2025
Nonprofit Loses TM Injunction Bid Against 'Making PA Better'
A Pennsylvania federal judge has declined to bar the Pennsylvania Manufacturers' Association from using the phrase "Making PA Better" on its website in a trademark infringement case brought by a nonprofit, saying neither of the parties are engaged in commercial activity.
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September 17, 2025
Energy Transactions Atty Joins Frost Brown In Houston
Frost Brown Todd LLP announced Wednesday that an experienced energy transactional attorney has joined its Houston office as a partner from Texas firm Grable Martin PLLC.
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September 17, 2025
3 Firms Advise On I Squared's $800M Entek Stake Purchase
I Squared Capital announced Wednesday it has agreed to acquire a majority equity interest in battery separator maker Entek for $800 million, as part of a partnership with the U.S. Department of Energy, in a deal steered by three law firms.
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September 16, 2025
Okla. Town Looks To Toss Tribe's Casino Utility Dispute
Hinton, Oklahoma, is looking to toss a lawsuit by the Delaware Nation claiming the town illegally threatened to cut off municipal utility services to a tribal casino after an agreement expired, telling a federal court Tuesday that it doesn't have jurisdiction because the controversy is local.
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September 16, 2025
Alamos Gold Ends $1B Turkey Dispute With $470M Deal
Canadian mining company Alamos Gold has agreed to end its $1 billion claim against Turkey after the country nixed its permit for a lucrative gold mining project, once a deal to sell its Turkish subsidiary to a unit of Turkish conglomerate Nurol Holding is completed.
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September 16, 2025
DOE Asks Judge To Pull Plug On States' Cost Cap Suit
The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.
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September 16, 2025
Trump Admin Says Judge Can't Protect Agency Union Pacts
If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.
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September 16, 2025
PacifiCorp Owes $63M In Latest Wildfire Trial
An Oregon jury on Tuesday ordered utility PacifiCorp to pay $63 million in noneconomic damages to 10 people who fled from a group of 2020 wildfires, after hearing in closing arguments that some plaintiffs "didn't know they were going to make it out."
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September 16, 2025
Biz Groups Ask 9th Circ. To Block Calif. Climate Rules
A coalition of business groups asked the Ninth Circuit to halt two new California climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks, while they appeal a lower court's refusal to preliminarily block the rules that they say violate their First Amendment rights.
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September 16, 2025
DC Circ. Urged To Rehear EPA's HFC Market Allocation Case
A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.
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September 16, 2025
Commerce Asks For Inclusions To Steel, Aluminum Tariffs
The U.S. Department of Commerce announced the September window for stakeholders to comment on whether the government should include additional goods within the scope of the 50% steel and aluminum duties that President Donald Trump imposed earlier this year.
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September 16, 2025
Commerce Says Auto Tariff Request Window Opens In Oct.
The U.S. Department of Commerce's Bureau of Industry and Security issued guidance formally establishing the auto part tariff inclusion request process, and the first window for new requests by stakeholders will begin Oct. 1, according to a notice filed Tuesday.
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September 16, 2025
BlackRock Blames Coal Production Cuts On Falling Demand
BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.
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September 16, 2025
US Asks Court To Sink Vermont Climate Superfund Law
The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.
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September 16, 2025
Plant Bailout Cost Approvals Were Premature, FERC Told
Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.
Expert Analysis
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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Decoding Arbitral Disputes: ICSID Enforcement In Australia
The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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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.