Analysis

Permit Bill Speeds Up Project Fights With Appeals Court Push

By Keith Goldberg

U.S. Senate permitting legislation could reduce courtroom time for energy project developers by funneling more lawsuits challenging federal agency decisions directly to appeals courts, though attorneys caution that it isn't necessarily a silver bullet for faster litigation results.

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Anthropic's 'Existential Risks' Warning Sets Stage For AI IPOs

By Sarah Jarvis

Anthropic PBC's registration statement includes more than 90 pages of risk disclosures for prospective investors ahead of the Claude developer's planned public offering, including "existential risks to humanity" posed by advanced artificial intelligence and a corporate governance structure the company warns may make it difficult for voting shareholders to replace directors and managers.

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2nd Circuit Rejects Venezuela's Bid To Void $3B In Bonds

By Caroline Simson

Nearly $3 billion in defaulted Venezuelan bonds should not be blocked from enforcement under the country's domestic law, the Second Circuit ruled Tuesday.

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Texas Appeals Court Weighs Mootness In Uri Victims Appeal

By Spencer Brewer

A Texas appeals court wanted to know if an appeal before them concerning thousands of victims of a deadly winter storm was moot, pressing Tuesday for counsel to explain what the court should do with a finding by an MDL court that the victim's expert witness was inadmissible.

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New Jersey Says DuPont Deal Bars Town's $1B PFAS Claims

By George Woolston

The New Jersey Department of Environmental Protection backed various DuPont entities' bid to toss the remaining claims in a municipality's $1 billion lawsuit over forever chemical contamination stemming from a longtime DuPont facility, arguing that a landmark settlement the state reached earlier this year bars the claims.

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CIT OKs Commerce's 3rd Try At Justifying Korean Steel Duty

By Jack McLoone

The U.S. Department of Commerce appropriately showed the allocation of certain Korean government additional emissions permits to be a specific countervailable subsidy on its third attempt, the U.S. Court of International Trade said Tuesday, sustaining a duty rate on certain steel plate.

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Energy Co. Investor Seeks Answers On Rebuffed Tech Bid

By Jarek Rutz

An investor in Scuderi Group Inc. has sued the privately held company in Delaware Chancery Court, alleging he and his family have received no return on their investment and are being denied financial records needed to determine its value.

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Ex-FirstEnergy Execs Skirt Sanctions, Get Discovery Warning

By Lauren Berg

Two former FirstEnergy executives and their counsel will not face sanctions over delayed document production in an investor suit over the company's $1 billion bribery scandal, an Ohio federal judge has ruled, but warned them that "future evasive or dilatory" discovery tactics won't be tolerated.

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Opinion

Justices' Climate Ruling Should Preserve State Tort Claims

As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

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At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

By Jeff Overley

The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

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Brief

Fenwick & West To Match $235K Salary Scale For Associates

By Tracey Read

Fenwick & West LLP is reportedly the latest firm that will raise associate pay in the new year.

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Ex-Fla. Bar Prez Accused Of Botching $350M Estate Claim

By Carolina Bolado

The widow of a Miami real estate investor is suing a former president of the Florida Bar for malpractice, claiming his botched representation left her without a claim to her late husband's $350 million estate.

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Analysis

3 Federal Circuit Clashes To Watch In November

By Ryan Davis

A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

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4th Circ. Says W.Va. Daniel's Law Is Unconstitutional

By Rose Krebs

The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

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