U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.
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TOP NEWS

Alito Explains Recusal But Says It Shouldn't Become Practice

By Katie Buehler

U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

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5th Circ. Won't Revive Suit Against Dishwasher Water Rule

By Gautama Mehta

The Fifth Circuit agreed with a Texas federal court that the Energy Policy and Conservation Act requires suits challenging federal water efficiency standards for appliances to be filed in circuit court.

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USTR Probes EU Carbon Tax's Impact On US Trade

By Dylan Moroses

The U.S. is considering whether the European Union's carbon import tax and proposals to expand its scope harm American producers, the U.S. Trade Representative's Office said.

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SEC Says Climate-Tied Investor Actions May Pose Legal Risk

By Jessica Corso

The U.S. Securities and Exchange Commission on Wednesday released a report into its investigation of a successful push for eco-friendly board members at ExxonMobil, warning institutional investors and asset managers that joining forces to exert influence over corporations could open them up to additional scrutiny. 

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Holtec CEO Says Atty Is Confusing Jury Over Confidential Doc

By George Woolston

Holtec International CEO Krishna Singh accused counsel for the company's former chief financial officer of attempting to confuse jurors in New Jersey state court when he asked whether Singh was aware the ex-CFO had said information in a draft document meant for a prospective investor was false.

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POLICY & REGULATION

US, 14 Allies Pledge Coordination On EV, Chip Overproduction

By Dylan Moroses

The U.S. and 14 trading partners, including some that are subject to a pending and related tariff investigation, have pledged to address global excess manufacturing production and capacity across key sectors, according to a statement published Wednesday by the U.S. Trade Representative.

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OIL AND GAS

8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

By Crystal Owens

An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

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Texas Justices Push Exxon On Explosion Suit Coverage Bid

By Spencer Brewer

The Texas Supreme Court pressed Exxon Mobil Corp. to explain why an AIG unit should have to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at the oil giant's refinery in Beaumont, asking Wednesday if the company had control over the workers who were injured.

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PEOPLE

Stoel Rives Recruits Wash. Water Rights Atty From K&L Gates

By Rachel Riley

Stoel Rives LLP has tapped a Pacific Northwest water rights lawyer to join its Seattle office as a partner, deepening the knowledge of the firm's environmental practice group with expertise in regulatory and infrastructure matters in industries ranging from tech to agriculture, the firm said Wednesday.

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EXPERT ANALYSIS

W.Va. Case Could Be An Existential Threat To Citizen Suits

Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

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Why And How To Build A Neurodiversity-Informed Practice

By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

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LEGAL INDUSTRY

Sheppard Mullin Hit With Class Action Over Data Breach

By Jake Maher

A former Sheppard Mullin Richter & Hampton LLP paralegal launched a proposed class action against the firm in California federal court on Wednesday over a cyberattack it had in August, in which she says at least 1,000 people's names and Social Security numbers were stolen.

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IP Rights Group Urges Against Litigation Funding Disclosure

By Elliot Weld

An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

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Analysis

New Fraud Division Flexes Might In Latest Enforcement Policy

By Phillip Bantz

The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

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Cornell Defendant Seeks To Nix James As Special Prosecutor

By Andrea Keckley

One of the seven men accused of drugging and raping a fellow Cornell University student at a fraternity home has asked a New York state court to void Gov. Kathy Hochul's appointment of New York Attorney General Letitia James as special prosecutor in the case.

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Gov't Attys Could Face Sanctions Over AI Use Omissions

By Madeline Lyskawa

A U.S. Court of Federal Claims judge has ordered four government attorneys to explain why they shouldn't be sanctioned for making factual misrepresentations about the U.S. Army's use of artificial intelligence to evaluate contract proposals.

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Split Congress Could Spur Competing Probes, Cleary Finds

By Courtney Bublé

If the new year brings an era of divided Congress, then "dueling investigations" into the same topics should be expected, Cleary Gottlieb Steen & Hamilton LLP said in a report it released Thursday.

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Fla. Judge Says Oct. 7 Attack Was 'Inflection Point' For U.S.

By David Minsky

U.S. District Judge Roy K. Altman addressed a small group of attorneys in a Florida law office to speak on his book about the October 2023 Hamas-led attack on Israel, saying public debate over facts surrounding the event and underlying feud has reached an "inflection point" in America.

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Buzbee Faces $970K Fee Bid In Dismissed Conspiracy Cases

By Lynn LaRowe

A Mississippi lawyer is asking a Texas state court to award her more than $970,000 in fees after defeating claims that she and her law firm conspired with rapper Shawn "Jay-Z" Carter and Quinn Emanuel Urquhart & Sullivan LLP to retaliate against prominent Houston plaintiffs attorney Tony Buzbee and two of his former clients.

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Dems Says GOP Broke Senate Rules In Jack Smith Hearing

By Courtney Bublé

The Democrats on the Senate Judiciary Committee have accused Republicans of violating committee rules during a hearing last week with former special counsel Jack Smith.

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COMPANIES IN TODAY'S NEWS

ABC News

AOL

Amazon.com Inc.

American Bar Association

American International Group Inc.

Anthropic PBC

Atlanta Hawks

BlackRock Inc.

ConocoPhillips

Consumer Watchdog

Cornell University

Exxon Mobil Corp.

Holtec International Inc

Lexington Insurance Co.

LinkedIn Corp.

National Association for the Advancement of Colored People

New Civil Liberties Alliance

Pacific Legal Foundation

Phillips 66

Puget Soundkeeper Alliance

ROC Nation LLC

Riverkeeper Inc.

STR Holdings, Inc.

Sierra Club

Spectrum Management Holding Co.

Suncor Energy Inc.

Toyota Motor Corp.

UCLA Health System

United Nations Children's Fund

Yale University

LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Baker & Hostetler

Bakke Grinolds

Beck Redden

Bracewell LLP

Bradley Arant

Buzbee Law Firm

Carlton Fields

Carroll Gilbert

Cleary Gottlieb

Fox Rothschild

Gibson Dunn

Gray Reed

Javerbaum Wurgaft

K&L Gates

Langsam Stevens

MJ Legal PA

McDermott Will & Schulte

Miller & Chevalier

Miller Scamardi

Morgan Lewis

Nesenoff & Miltenberg

Orgain Bell

Paul Hastings

Quinn Emanuel

Reed Smith

Sanford Heisler

Seila Law

Sheppard Mullin

Stoel Rives

Strauss Borrelli

Tripp Scott

White and Williams

Williams & Connolly

WilmerHale

Wright Close Barger & Guzman

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Council of the EU

European Commission

European Parliament

European Union

Executive Office of the President

Federal Trade Commission

Food and Drug Administration

New York Attorney General's Office

Texas Supreme Court

Texas Tenth Court of Appeals

U.S. Army

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Nebraska

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of Mississippi

U.S. District Court for the Southern District of Florida

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Northern District of West Virginia