Analysis

Ga. Utility Board Likely To Tighten Rules For Data Centers

By Kelcey Caulder

The new Democratic majority at the Georgia Public Service Commission could mean tougher rules for big power users like data centers, experts told Law360, but legal limitations and the slow-moving nature of energy planning may blunt the near-term effect of the commission's shake-up.

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Analysis

Blue Wave May Usher In New Era Of State Climate Action

By Gautama Mehta

After the midterm blue wave, environmental advocates are looking to newly flipped statehouses to pass strong climate laws in the face of the federal government's retreat from greenhouse gas regulation.

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5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

By Spencer Brewer

A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

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Toshiba, DTE Are Worlds Apart On Bond For $394M Judgment

By Melanie Dorsey

Toshiba Corp. urged a Michigan federal judge Thursday to limit its appeal bond to $37 million rather than the $549 million sought by two Michigan utilities, arguing that a state law capping appeal bonds should apply as the company challenges a $394 million judgment over a botched power plant overhaul.

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Canada, China OK 2-Year Preferential Trade Extension

By Dylan Moroses

Canadian exports of peas, canola, lobsters and crabs will continue to benefit from an extended preferential market access deal with China, Canada's international trade minister has announced.

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23 States Look To Defend Pipeline From Tribe's Shutdown Bid

By Taylor Bowie

Attorneys general for 23 states are telling a D.C. federal judge that federal agencies won't adequately represent their economic interests in the Standing Rock Sioux Tribe's suit seeking to shut down the Dakota Access Pipeline.

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Brief

Linklaters, Cyril Amarchand Lead Adani's $2.9B Evos Buy

By Nate Beck

India-based Adani Ports and Special Economic Zone Ltd. said Thursday that it plans to acquire Evos BV, a liquid storage operator based in the Netherlands, in a $2.9 billion deal advised by Linklaters LLP and Cyril Amarchand Mangaldas.

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Kirkland Guides DTE Energy On $3B Non-Utility Business Sale

By Nate Beck

Detroit, Michigan-based DTE Energy said Thursday it has agreed to sell its DTE Vantage business for about $3 billion to institutional investors with advice from Kirkland & Ellis LLP.

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E.ON Seeks To Enforce €314M Award Against Spain

By Corey Rothauser

German energy company E.ON has asked a Washington, D.C., federal court to enforce an arbitration award totaling €314.4 million ($352.7 million) before additional interest, saying Spain has paid nothing after losing a dispute over cuts to renewable energy incentives.

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Faegre Drinker Hires Morgan Lewis Tax Specialist In Philly

By Jack Rodgers

Faegre Drinker Biddle & Reath LLP has hired a Morgan Lewis & Bockius LLP tax associate to join its Philadelphia office as a partner working on federal income tax and other tax matters, according to a Wednesday announcement.

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What 3 Cases Reveal About Solar Co. Financial Disclosures

Three recent securities suits involving Nextracker, SolarEdge and Enphase illustrate the challenges of evaluating financial representations in the solar industry, raising a common issue: Financial projections cannot be fully understood without examining the operating information and assumptions supporting them, says Rand Manasse at Green Lane Partners.

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Enviro Marketing Lessons From NY Greenwashing Ruling

A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

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How Cos. Should Prepare For Democratic Oversight

Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

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Series

Open-Water Swimming Makes Me A Better Lawyer

Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

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Controversial DOJ Civil Rights Division Leader Steps Down

By Alison Knezevich

Harmeet K. Dhillon, a U.S. Department of Justice official who instituted dramatic changes as leader of the Civil Rights Division, has stepped down from her role.

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Sullivan & Cromwell Brings On Weil Capital Markets Leader

By Isaac Monterose

Sullivan & Cromwell LLP has hired the co-leader of Weil Gotshal & Manges LLP's capital markets team for a capital markets partner role in its New York City office, the firm announced Thursday.

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Analysis

Racing Against Whistleblowers Could Cost Companies

By Phillip Bantz

The U.S. Department of Justice's new cash rewards program for tips on criminal fraud threatens to ramp up the pressure on companies to hurry internal investigations and quickly report suspected misconduct to the government before whistleblowers do, which could backfire in some cases, according to experts.

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Judge Albright's Do's And Don'ts For Patent Trials

By Dani Kass

Two months after former ​U.S. District Judge Alan Albright returned to private practice, he regaled a room of attorneys at the University of Texas School of Law on Thursday with lessons from his time on the bench.

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Trump's Hush Money Conviction Examined By Wary NY Panel

By Frank G. Runyeon

A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

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