Analysis

Trump's Pipeline Order Stokes Turf War Over Energy Permits

By Keith Goldberg

The Trump administration is taking executive power into uncharted territory by asserting it can override state law to restart a California oil pipeline, but such an expansion of presidential authority over energy infrastructure may invite skepticism from courts.

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DC Circ. To Decide How Far Back FERC Can Order Refunds

By Nadia Dreid

The D.C. Circuit is set to decide exactly how far back the Federal Energy Regulatory Commission can go in implementing refund orders based on rate adjustments, having spent nearly two hours Tuesday morning hashing out the matter with several attorneys.

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BlackRock, State Street Want GOP States' ESG Suit Pared

By Bryan Koenig

BlackRock and State Street have asked a Texas federal judge to significantly winnow antitrust claims from Republican state attorneys general accusing the asset managers of driving up coal prices, arguing that claims based on electricity buyers are too far removed from coal.

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5th Circ. Sends Texas' Ozone Plan Back To EPA

By Ganesh Setty

The Fifth Circuit has withdrawn its opinion backing the U.S. Environmental Protection Agency's disapproval of Texas' plan to meet federal ozone standards, finding the agency's new cross-state emissions rule indicates it had relied on data and modeling that was unavailable to Texas before submission.

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Russia Appeals To Justices In $242M Ukraine Awards Case

By Caroline Simson

Russia has asked the U.S. Supreme Court to resolve a circuit split on foreign sovereign immunity, as it looks to avoid paying more than $242 million in arbitral awards owed to Ukrainian power and gas companies whose operations in Crimea were seized during the Kremlin's 2014 invasion.

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EY Beats Brooge Petroleum, SPAC Merger Fraud Suit

By Katryna Perera

A New York federal judge Tuesday tossed a suit against EY's Middle East affiliates that claimed they botched audits of United Arab Emirates-based Brooge Petroleum before its merger with a blank check company to enable a fraudulent scheme against investors, finding that the suit's claims are time-barred or inadequately pled.

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$200M Exxon Contract Trade Secrets Row Ended

By Spencer Brewer

A Texas state court judge issued a final judgment ordering that a contractor take nothing from its over $200 million claim that a rival allegedly used proprietary information to secure a lucrative maintenance work contract for Exxon, doing away with the lawsuit Tuesday.

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Miss. Expands Energy Project Tax Break To Battery Systems

By Michael Nunes

Mississippi will offer energy storage facilities that use battery energy storage systems a property tax break for energy projects under a bill signed by the governor.

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NY Accuses Solar Co., Lenders Of $275M Homeowner Fraud

By Jon Hill

New York's attorney general sued a solar panel company and two lending partners in New York state court Tuesday, accusing them of a $275 million scheme involving costly solar and home improvement projects falsely pitched to homeowners as free or subsidized.

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Nuclear Power Cos. Seek To Duck Wage-Fixing Class Action

By Benjamin Morse

Nuclear energy producers including Constellation Energy, DTE Energy, Duke Energy and NextEra Energy have urged the Maryland federal court to toss a proposed class action alleging they conspired to fix wages in a scheme that workers say spanned "100% of the nuclear power generation labor market."

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Willkie Adds Ex-O'Melveny Atty As Energy Partner In LA

By Gina Kim

Willkie Farr & Gallagher LLP continues to beef up its Los Angeles presence, most recently with the addition of an attorney from O'Melveny & Myers LLP who brings a wealth of experience and knowledge in the infrastructure and energy sectors, the firm announced on Tuesday. 

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How DExit, Mandatory Arbitration Could Alter IPO Outlook

As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

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Chief Justice Says Personal Attacks On Judges 'Got To Stop'

By Katie Buehler

Chief Justice John Roberts on Tuesday condemned the personal attacks on federal judges that have become increasingly common during President Donald Trump's second term in office — and that are often launched by the president himself — and defended the daily work of the judiciary. 

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Deals In Jackson Walker-Judge Affair A 'Dilemma,' Judge Says

By José Luis Martínez

A Texas federal judge ordered three of Jackson Walker LLP's former bankruptcy clients Tuesday to explain by next month what would happen to money from potential vacaturs or sanctions against the law firm if the estates close after their contested deals get approved.

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NJ Judge Boots Prosecutor, Orders US Atty Trio's Testimony

By Jack Karp

A New Jersey federal judge on Monday questioned whether Alina Habba is still running the New Jersey U.S. Attorney's Office during a heated hearing where the jurist tossed a supervisory prosecutor from his courtroom and ordered testimony from the trio of attorneys who assumed Habba's responsibilities.

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Reed Smith Launches In Boston With 12 Attys From 7 Firms

By Tracey Read

Reed Smith LLP has launched its first office in Boston with 12 lawyers from White & Case, Goodwin Procter, McDermott Will & Schulte, Morrison Foerster, Kirkland & Ellis, Weil Gotshal & Manges and K&L Gates, the firm announced Tuesday.

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'No Disrespect' But Law Prof Mom Not SBF's Atty, Judge Says

By Lauren Berg

A federal judge in Manhattan cautioned retired Stanford Law School professor Barbara Fried, the mother of convicted FTX founder Sam Bankman-Fried, that she cannot make filings on behalf of her son in his bid for a new trial, saying she has not filed an appearance with the court.

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Indiana Firm Drops Quintairos Prieto 'Mass Exodus' Suit

By Adrian Cruz

Less than a month after suing Quintairos Prieto Wood & Boyer PA for allegedly causing a "mass exodus" of attorneys, Indiana-based Kopka Pinkus Dolin PC has chosen to dismiss the matter, according to a recent court filing.

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Comer Subpoenas AG Bondi Over Epstein Investigation

By Courtney Bublé

Rep. James Comer, R-Ky., chair of the House Oversight and Reform Committee, issued a subpoena on Tuesday for Attorney General Pam Bondi over the committee's investigation into the late sex offender Jeffrey Epstein.

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Senate OKs Conservative Think Tank GC As Louisiana Judge

By Courtney Bublé

The Senate voted 51-45 on Tuesday to confirm Anna St. John, president and general counsel of the Hamilton Lincoln Law Institute, as a U.S. district judge for the Eastern District of Louisiana.

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IP Atty Appeals Order Requiring OK To File EDTX Patent Suits

By Lauren Berg

Intellectual property attorney William Ramey is asking the Federal Circuit to overturn a Texas district judge's sanctions order requiring him to seek the court's permission before filing patent suits in the future, saying the judge relied on the wrong evidence in finding the attorney failed to conduct presuit investigations.

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Lawmakers Want More Oversight For Antitrust Settlements

By Matthew Perlman

Democratic lawmakers proposed legislation Tuesday that would give courts more power to review settlements reached in government antitrust cases, after the U.S. Department of Justice recently cut a pair of controversial deals, including with Live Nation last week.

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NJ Justices Create Attorney Readmission Board

By Jake Maher

New Jersey's highest court announced Tuesday it formally established a new body charged with overseeing readmissions of disbarred lawyers through changes to the state's standards for attorney conduct.

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Pot Co. Escapes Potency Suit, Judge Warns Plaintiff Firm

By Jonathan Capriel

MariMed and other cannabis companies beat claims they intentionally mislabeled their products to sidestep Illinois THC potency limits, with a federal judge highlighting the string of consumer-led suit losses and warning counsel to "heed the strong and universal concerns about the plausibility of their legal theories."

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Analysis

Prediction Markets Have Opened Compliance 'Pandora's Box'

By Phillip Bantz

The burgeoning prediction market has exploded the definition of what qualifies as confidential corporate information that employees could misuse for personal gain, leaving companies scrambling to update internal policies and guidelines, compliance experts say.

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