Analysis

Why NY's Flagship Climate Law Is On The Rocks

By Gautama Mehta

Seven years ago, New York enacted an ambitious plan to minimize greenhouse gas emissions. But with few pertinent regulations on the books, Law360 takes a look at why that plan may not come to fruition despite a successful lawsuit challenging the state's lack of action to date.

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DC Judge Says 'God Squad' Can Meet Over Gulf Oil Drilling

By Gautama Mehta

A D.C. federal judge on Friday refused to block an upcoming meeting Tuesday within the U.S. Department of the Interior to consider an exemption to the Endangered Species Act for oil and gas activities in the Gulf of Mexico.

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Venture Global Reaches Deal With Edison On LNG Dispute

By Joyce Hanson

Liquefied natural gas producer Venture Global and Edison SpA have reached an arbitration settlement in their dispute over whether the American LNG exporter failed to properly provide the Italian electric utility with contractual shipments from its Louisiana project site, saying they have signed a commercial agreement.

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Texas Justices Take Up Challenge To $4M Subrogation Lien

By Spencer Brewer

The Texas Supreme Court on Friday granted a petition to review a finding that an insurance company has the right to collect a $4 million subrogation lien from workers who were injured in a plywood mill explosion.

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Jailed Energy Trader Won't Fight $7.7M Judgment

By José Luis Martínez

An energy trader who reported to prison this year told a Texas federal court Friday he does not oppose entry of a more than $7.7 million civil judgment in favor of his former employer, as long as it's credited against the restitution he was ordered to pay by the federal government in separate proceedings.

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2nd Circ. Tosses $16B YPF Judgment Against Argentina

By Vince Sullivan

A panel of the Second Circuit Court of Appeals reversed a New York judge's $16 billion judgment against Argentina arising from its nationalization of the country's largest oil and gas exploration company, saying Friday Argentine law doesn't obligate the country to comply with YPF SA's corporate bylaws.

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Lawyer Says Contract With Rivera Was For Venezuela's Oil Co.

By Carolina Bolado

The $50 million consulting contract that former Florida Congressman David Rivera signed with the U.S. affiliate of Venezuela's state-owned oil company was ultimately funded and controlled by the Venezuelan parent company, the attorney who drafted the document said Friday at Rivera's trial on charges of failing to register as a foreign agent.

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Colo. County Says DOI Skirted Review For Utah Oil Project

By Keith Goldberg

A Colorado county has accused the U.S. Department of the Interior of unlawfully fast-tracking the approval of a Utah oil-by-rail transportation expansion project by misusing its emergency authority to bypass meaningful environmental review and public feedback.

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25 Years Later, Dam Salmon Case Must Stay In Trial Court

By Crystal Owens

A district court judge in Oregon has rejected the federal government's efforts to end decades-long litigation over hydropower dam operations in the Columbia River Basin, saying arguments that the dispute is subject to Ninth Circuit review are unpersuasive and mistaken.

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Texas Justices Pass On Uri Suits Targeting Power Suppliers

By Spencer Brewer

The Texas Supreme Court on Friday turned down a bid to revive claims that power plant companies' negligent handling of equipment and staff harmed electric consumers during a deadly winter storm in 2021.

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Court Keeps Alive EPI's Suit Over Ga. Commissioner Emails

By Kelcey Caulder

A Georgia state appellate court on Friday kept alive the Energy and Policy Institute's lawsuit alleging the Georgia Public Service Commission and one of its commissioners violated the state's public records law, affirming a lower court ruling.

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Brief

ITC Will Review Solar Cell Imports For Infringement

By Jack McLoone

The U.S. International Trade Commission is launching an investigation into claims by an Arizona-based solar company accusing nearly 50 companies of importing solar cells into the U.S. that infringe one of its patents.

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State Carbon Cost Disparities Are Pivotal In Data Center Siting

When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

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8 Tariff Refund Questions For Restructuring Professionals

For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

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Series

Watching Hallmark Movies Makes Me A Better Lawyer

I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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Pillsbury Asks To Toss Suit Over Nonclient Data Breach

By Matt Perez

Pillsbury Winthrop Shaw Pittman LLP sought dismissal of a consolidated data breach action in New York federal court Friday due to the plaintiffs' alleged lack of relationship with the firm and inability to identify any cognizable damages.

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Burford Considers Arbitration After 2nd Circ. Tosses $16B Win

By Nadia Dreid

Burford Capital Ltd. says it is contemplating taking its $16 billion fight with Argentina into international arbitration after the Second Circuit wiped out a judgment the litigation funding firm had won against the nation in New York federal court, sending its stock prices tumbling.

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'Is It Kafka?' Judge Presses Pentagon On Press Restrictions

By Jared Foretek

A D.C. federal judge requested additional briefing Monday from the Trump administration before deciding whether to toss the U.S. Department of Defense's revised rules restricting journalists' access to the Pentagon but said some new allegations from reporters read like the revisions came from a Franz Kafka novel.

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Ex-Laffey Bucci Atty Accused Of Stealing Over $1.3M

By James Boyle

Laffey Bucci D'Andrea Reich & Ryan has accused a former name partner in a Pennsylvania state court suit of misdirecting more than $1.3 million in referral and case fees through a secret agreement with another firm and misusing the plaintiffs firm's resources for personal expenses, including an affair with a client.

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Analysis

Exchanges Are First Line In CFTC Prediction Market Policing

By Aislinn Keely

As the U.S. Commodity Futures Trading Commission insists it will be the primary cop for the growing expanse of prediction markets, experts said the agency is signaling that its first line of defense will be the internal enforcement programs of registrants like Kalshi.

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FCA Qui Tams Are Unconstitutional, Eli Lilly Tells Justices

By Mark Payne

The False Claims Act's whistleblower provisions are unconstitutional, drugmaker Eli Lilly has told the U.S. Supreme Court, asking it to overturn a Seventh Circuit decision upholding a $183 million trial win for a whistleblower who claimed the drug company hid how much it charged for Medicaid-covered drugs. 

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Justices Wary Of 'Odd' Arbitration Jurisdiction Theory

By Caroline Simson

A lawyer urging the U.S. Supreme Court to find that federal courts that have sent a dispute to arbitration do not automatically have jurisdiction to confirm or vacate a subsequent award faced heavy skepticism Monday from the justices, who called his argument during oral arguments "odd" and "peculiar."

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court's docket this past week featured disputes involving globally recognized companies, high-dollar contract fights, revived claims from the state's high court and the resolution of a closely watched de-SPAC case.

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Blumenthal Questions SEC Over Crypto Cases, Ryan Exit

By Katryna Perera

U.S. Sen. Richard Blumenthal is demanding answers from U.S. Securities and Exchange Commission Chairman Paul Atkins about the sudden resignation of the regulator's enforcement director and whether her departure was related to cryptocurrency cases, including one touching on the Trump family's ventures.

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