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Environmental
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April 08, 2025
Morrison Foerster-Led Infineon Paying $2.5B For Auto Tech Biz
Morrison Foerster LLP is guiding Infineon Technologies AG on an agreement to purchase Marvell Technology's automotive Ethernet business for $2.5 billion, in a deal that will expand the German company's own automobile technology business.
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April 08, 2025
Design Co. Denied Exit From Hurricane Subrogation Suit
A design contractor facing a $4 million subrogation action over hurricane damage to commercial HVAC units at an Amazon sorting facility can't rely on notice requirements in Florida's construction defect law, Chapter 558, to argue the plaintiff insurers are statutorily barred from seeking reimbursement, a Florida federal court ruled.
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April 08, 2025
Plastics Group Loses Challenge To Calif.'s Pollution Subpoena
A D.C. federal judge won't stop the California attorney general from enforcing a subpoena on a plastics industry group as part of an investigation into global plastics pollution, finalizing an earlier determination that his court lacks jurisdiction.
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April 08, 2025
Sidley-Led Excelsior Wraps 2nd Energy Fund With $1B In Tow
Sidley Austin LLP-advised Excelsior Energy Capital on Tuesday announced it had clinched its second energy investment fund after securing just over $1 billion from investors.
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April 08, 2025
White & Case Gets In On Trade Hiring With Ex-Treasury Atty
White & Case LLP has hired a former Treasury Department official in Washington, D.C., who focuses her practice on foreign direct investment matters, at a time when the nation is transfixed by international trade issues and BigLaw firms are beefing up their trade practices.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 07, 2025
9th Circ. Partially Reverses LA Port Co.'s Coverage Suit
The Ninth Circuit on Monday held that United National Insurance Company was obligated to defend a Los Angeles Port operator against pollution claims brought by the city, but said a district judge deprived the insurer of a jury trial on the operator's claimed defense costs due to the breach of contract.
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April 07, 2025
Homeland Secretary Waives Fed Laws For Calif. Border Wall
Homeland Security Secretary Kristi Noem has issued a federal notice that she is waiving a slew of environmental and historical preservation laws to facilitate the construction of a barrier wall and roads in the San Diego area, citing illegal border crossings and drug trafficking.
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April 07, 2025
No Basis To Revive Leasing Withdrawals Ruling, Trump Says
The Trump administration urged an Alaska federal judge not to reinstate a decision barring it from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, while it fights to revoke additional Biden administration removals.
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April 07, 2025
FAA, SpaceX Failed Adequate Review For Starship, Groups Say
Conservation groups told a federal court Friday that there is "clear record evidence" that the Federal Aviation Administration and SpaceX failed to complete an adequate environmental review for SpaceX's Starship rocket launch program in Texas.
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April 07, 2025
WHO Cancer Report May Spark Gasoline Toxic Torts
A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.
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April 07, 2025
Trump Reopens Security Review Of US Steel-Nippon Deal
President Donald Trump on Monday ordered a fresh national security review of Nippon Steel's proposed $14.9 billion takeover of U.S. Steel, reviving a deal blocked by his predecessor and giving the companies some of the relief they sought in court.
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April 07, 2025
Michigan AG Plans To Sue PCB Makers, Issues Call To Firms
Michigan Attorney General Dana Nessel said she was looking to hire outside firms to pursue litigation against manufacturers of polychlorinated biphenyls on behalf of her office.
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April 07, 2025
Pair Of Blank Check IPOs Raising $411M To Pursue Mergers
Two separate special purpose acquisition companies, New Providence Acquisition III and Twelve Seas Investment III, on Monday unveiled plans to raise a combined $411 million in their initial public offerings.
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April 07, 2025
SolarEdge Claims Get Tossed Again In Second Try
A New York federal judge has once again tossed certain claims in a securities class action accusing SolarEdge Technologies Inc. of misrepresenting the demand for its solar energy products in Europe, but he gave investors the chance to file a third amended complaint.
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April 07, 2025
3 Firms Lead $5.7B Stonepeak, Woodside Louisiana Gas Deal
Norton Rose Fulbright-advised Woodside Energy Group said Monday it has agreed to sell a 40% stake in its Louisiana LNG liquefied natural gas production and export terminal to U.S. investment firm Stonepeak for $5.7 billion.
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April 07, 2025
A&O Shearman Adds Mayer Brown Energy Infrastructure Duo
Allen Overy Shearman Sterling has hired the former co-head of Mayer Brown LLP's global projects and infrastructure practice, who is joining alongside another former Mayer Brown partner, both of whom work with energy infrastructure deals, the firm announced Monday.
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April 04, 2025
Bayer Wants Supreme Court To Review Roundup Litigation
Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.
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April 04, 2025
GOP Sens. Attack Calif. Waivers Despite Parliamentarian Ruling
The U.S. Senate parliamentarian on Friday said Republicans may not use a rule-killing legislative maneuver to void Biden-era Clean Air Act waivers that allow California to set its own vehicle emissions standards — but the GOP is plunging ahead anyway.
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April 04, 2025
Chevron Hit With $745M Verdict Over La. Coast Pollution
Chevron must pay nearly $745 million to repair damage done to southeast Louisiana's coastal wetlands, a Plaquemines Parish jury ruled Friday in a case filed more than a decade ago.
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April 04, 2025
Judge Halts Denver Dam Work For More Enviro Review
A Colorado federal judge has temporarily halted construction on a Denver dam, pending a hearing on what is "reasonable and necessary" to ensure the dam will be structurally safe while the federal government takes a second look at its dredging permit approval.
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April 04, 2025
Youths Ask Alaska High Court To Stop LNG Project
A group of young Alaskans is asking the state's high court to block a deal to develop the only permitted liquefied natural gas export project on the Pacific coast of the U.S.
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April 04, 2025
6th Circ. Allows Tenn. Gas Plant Pipeline To Proceed
The Sixth Circuit on Friday rejected conservation groups' challenges to federal and state Clean Water Act approvals to a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City.
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April 04, 2025
Toshiba Fights Claims Over Alleged Hydro Plant Defects
A Toshiba Corp. unit has urged a federal judge to dismiss claims that it botched a $560 million contract to upgrade a hydroelectric plant owned by the Michigan utilities Consumers Energy Co. and DTE Electric Co., arguing the two companies inspected Toshiba's work and deemed it satisfactory.
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April 04, 2025
Insurers Accuse SoCalEdison Of Sparking Eaton Fire
Ten carriers blamed Southern California Edison for costing the insurance industry billions after negligently starting the January Eaton Fire, telling a California state court that the blaze was caused by a poorly maintained transmission tower whose wires arced, igniting vegetation.
Expert Analysis
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.