Analysis

How A Rush To Trial Paid Off With A Rare FCPA Acquittal

By Phillip Bantz

A defense strategy to fast-track the trial in a yearslong criminal foreign bribery case against a Mexican businessman in Texas appeared to backfire when he was convicted and sent to prison last year, but the gamble ultimately paid off when a judge permanently tossed the case earlier this month.

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Justices Nix $50M Zimbabwe Immunity Feud

By Caroline Simson

The U.S. Supreme Court on Monday opted not to take up a petition asking it to resolve whether countries that agree to arbitrate an international dispute are also waiving their right to assert sovereign immunity in subsequent litigation to recognize a foreign judgment confirming an arbitral award.

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10th Circ. Reverses Interior Dept. $2.8M Drilling Royalty Order

By Ganesh Setty

The U.S. Interior Department should have addressed its previous settlement involving Devon Energy Corp. before ordering a Devon entity to pay $2.8 million for improper deductions from drilling royalties owed, the Tenth Circuit ruled Monday, finding the applicability of the "ambiguous" settlement material.

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Judge Flags Lead Plaintiff Issues In McDermott Merger Suit

By José Luis Martínez

A Texas federal judge Monday questioned whether a shareholder group is too large and whether a late-buying individual investor could represent a subclass of investors in a suit accusing energy industry engineering giant McDermott International Inc. of misleading investors during its $6 billion merger with Chicago Bridge & Iron Co. NV in 2018.

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7th Circ. Says Overwhelming Evidence Backs Madigan Verdict

By Celeste Bott

The Seventh Circuit affirmed the conviction of former Illinois House Speaker Michael Madigan on bribery, conspiracy and wire fraud charges on Monday, saying sufficient evidence supports the jury's finding and there was no prejudicial error in the lower court's jury instructions that warranted unwinding his 7.5-year prison sentence.

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Top Court Won't Hear Former Ohio Speaker's Bribery Appeal

By Cara Salvatore

The U.S. Supreme Court refused Monday to hear an appeal by former Ohio House of Representatives Speaker Larry Householder after he was convicted and sentenced to 20 years in prison for his role in the $1.3 billion FirstEnergy nuclear bailout scandal.

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Developer Fights NC County's Data Center Moratorium

By Grace Dixon

The developer behind a planned data center project in Chatham County, North Carolina, has filed suit in state court challenging a yearlong moratorium on permitting for data centers, arguing that the provision violated state law governing moratoria on development approvals.

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Energy And Ag Groups Push For Biofuel Waiver Reform

By Gautama Mehta

Twenty groups from the agricultural and energy industries urged Congress to tighten requirements for a biofuel blending exemption for small refineries and lift seasonal restrictions on the sale of higher-ethanol gasoline, saying the changes would bring regulatory certainty to a volatile market.

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Brief

Commerce Probes Pipes From Austria, Taiwan, UAE For Duties

By Jack McLoone

The U.S. Department of Commerce said Monday that it has opened an investigation into whether imports of pipes known as oil country tubular goods from Austria, Taiwan and the United Arab Emirates are being sold in the U.S. at unfair prices.

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Reed Smith Targeted In Eletson Gas Ownership Fracas

By Caroline Simson

Reed Smith LLP and two of its partners are facing a $262 million lawsuit in a long-running and bitter dispute over ownership of an international gas shipping company, as well as other issues that remain unresolved following the vacatur of an underlying $102 million arbitral award for fraud.

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Exxon Investors Seek Class Cert. On Permian Basin Claims

By Katryna Perera

Exxon investors accusing the oil and gas company of overvaluing its Permian Basin holdings by billions of dollars have asked a Texas federal judge to grant them class certification, arguing that doing so "will provide a critical step to ensuring the ability of investors to recover their losses."

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Texas Rep. Says Rivera Wanted Political Change In Venezuela

By Carolina Bolado

U.S. Rep. Pete Sessions, R-Texas, told jurors in Florida federal court on Monday that his meetings with Venezuelan officials set up by former Florida Congressman David Rivera were part of a larger attempt to negotiate an exit for then-Venezuelan President Nicolás Maduro and usher in free and fair elections for the country.

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Battery Co. Hit With Investor Action Over 'Phantom Deals'

By Katryna Perera

Investors in a company that develops artificial intelligence-enhanced rechargeable batteries filed suit on Monday, claiming the company made misleading statements about its partnerships with other companies and its growth prospects, seeking damages for falling stock prices after the truth came to light.

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Brief

Indian Solar Cells Face Steep Early US Duties

By Jack McLoone

Indian solar cells entering the U.S. are facing potential triple-digit antidumping duties, while those cells from Laos and Indonesia could be hit with lower duties, after the imports from all three countries were preliminarily found Monday to be sold at unfair prices.

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CIT Blocks Customs From Rejecting Golf Cart Co.'s Imports

By Dylan Moroses

The U.S. Court of International Trade granted a preliminary injunction blocking the federal government from compelling certain actions on imports entered by a Florida electric golf cart company while a duty investigation is ongoing, according to an opinion published Friday.

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Simpson Thacher Hires Clifford Chance Energy Ace In Texas

By Lynn LaRowe

Simpson Thacher & Bartlett LLP announced Monday that it has added a former Clifford Chance LLP partner to its energy and infrastructure practice, a Houston-based lawyer who brings in-house and private practice experience to the team.

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ABA Settles Scholarship Suit After Disavowing Racial Criteria

By Grace Elletson

The American Bar Association struck a deal to end a suit claiming a scholarship program for racial and ethnic minorities discriminated against white applicants, in line with a vow it made last year that its programs would be race-neutral, according to a filing Monday in Illinois federal court.

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2nd Trump Judicial Nominee Questioned Over Fla. State Case

By Courtney Bublé

For the second time in a year, a judicial nominee for a Florida federal court is under scrutiny for allegedly presiding over a state level case involving President Donald Trump while being considered for a federal judgeship.

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Alabama Justices Toss Case Over Atty's AI-Hallucinated Briefs

By Lauren Berg

The Alabama Supreme Court tossed an appeal and sanctioned a Mobile, Alabama, attorney for filing "grossly deficient" briefs that contained multiple inaccurate legal citations that the justices attributed to artificial intelligence "hallucinations."

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Justices Deny Ramey Appeal Of Sanctions In Google IP Case

By Ryan Davis

The U.S. Supreme Court on Monday refused to review $255,000 in sanctions on embattled attorney William Ramey and a client for bringing what a California judge said was a frivolous patent suit against Google, turning down his appeal arguing the decision used the wrong legal standard.

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Toss Of Atty's LVMH Claim 'Problematic,' 2nd Circ. Judge Says

By Pete Brush

A Second Circuit judge said Monday that he is having a "hard time" understanding how the firing of a LVMH lawyer wasn't connected to her earlier harassment allegations, indicating a willingness to revive retaliation claims against the luxury goods giant.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week tackled a fresh mix of deal litigation, procedural disputes and fiduciary duty claims, with several rulings and filings underscoring the court's continued focus on contractual precision, forum enforcement and the limits of stockholder challenges.

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