DC Circ. Says FERC Properly Allowed Grid Project Cost Shift

By Keith Goldberg

The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders greenlighting the exemption of a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved.

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5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

By Spencer Brewer

A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

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Fed. Circ. Says Brick Duty Lacks Definition, Offers Alternative

By Jack McLoone

The U.S. Court of International Trade properly found that duty orders on certain heat-resistant bricks lack specific chemical makeup parameters, offering a broad exclusion for one type of brick that may be better challenged with a circumvention proceeding, a Federal Circuit panel ruled Tuesday.

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Ohio Justices Advance Possible Ashville Data Center Vote

By Tom Lotshaw

An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

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Tribunal Rejects Bahrain's Abuse Claims Against Iran Oil Co.

By Corey Rothauser

An international arbitration tribunal has largely rejected Bahrain's preliminary objections to claims brought by an Iranian state-owned oil company's trading arm over funds held in Bahraini banks, finding the company did not abuse the arbitration process by moving its corporate home to Malaysia.

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Del. Chancery Keeps Power Plant Duty Claims Alive

By Jarek Rutz

The Delaware Chancery Court on Tuesday largely refused to dismiss the remaining claims in a lawsuit accusing Strategic Value Partners LLC and GenOn Holdings Inc. of engineering the transfer of a Pennsylvania power plant opportunity away from insolvent Heritage Power companies and their creditors.

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Spain Loses Bid For Stay In $156M Award Suit

By Caroline Simson

A D.C. federal judge Monday denied Spain's bid to pause efforts by a pair of European renewable energy investors to enforce a years-old confirmed $156.6 million arbitral award, instead giving the investors the green light to target Spain's assets in other U.S. jurisdictions.

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Managing Data Center Power Issues, Public Pushback

The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

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3 Rulings Show High Court's Transnational Litigation Stance

The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

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Del. High Court Ruling Signals Next Post-Jarkesy Phase

The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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9th Circ. Would Lose 5 States In Latest Reorganization Bid

By Courtney Bublé

Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

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Goldstein Unveils Cooley Appeal Team

By Jared Foretek

Thomas Goldstein has unveiled an experienced lineup of appellate lawyers he'll turn to in his bid to overturn 12 tax and mortgage fraud convictions, featuring several attorneys with extensive U.S. Supreme Court experience.

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Texas Firm Withdraws From $150M Deal To Rep Migrant Kids

By Madeline Lyskawa

A Texas law firm has withdrawn from consideration for a $150 million award from the U.S. Department of Health and Human Services to provide legal services to unaccompanied migrant children in government custody.

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Missed Step Could Vex Ex-Duane Morris Client's Appeal

By P.J. D'Annunzio

A Pennsylvania Superior Court panel on Tuesday quizzed counsel for a businessman accusing Duane Morris LLP of legal malpractice in a trade secrets case on whether documents he claimed were privileged had been properly put before the trial judge for consideration.

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Ogletree Says Equinox Owes $1.4M In Unpaid Legal Bills

By Hailey Konnath

Ogletree said Monday that fitness company Equinox owes nearly $1.4 million in fees and expenses for the firm's work representing it in an employment matter in Los Angeles, according to a complaint filed in California federal court.

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Brief

Calif. Subclass Added To Fox Rothschild Data Breach Suit

By Emily Sawicki

A California resident seeking to represent a subclass of Golden State data breach victims on Tuesday asked to add a new California Consumer Privacy Act claim to a proposed Pennsylvania class action first filed against Fox Rothschild LLP in June, after prominent ransomware group Silent Ransom Group targeted the firm.

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DOJ Says Executive Privilege May Apply To Private Advisers

By Emily Sawicki

The president's communications with outside advisers may be shielded by executive privilege, so long as they are confidential and relate to official decision-making, the U.S. Department of Justice said in its latest advisory opinion.

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