Analysis

Federal Courts Choosing To Stay Out Of Texas Grid Fights

By Keith Goldberg

The Fifth Circuit has again refused to wade into fights over actions taken by Texas' grid operator during a 2021 winter storm, further underscoring federal courts' reluctance to disturb the historic independence of the Lone Star State's electricity sector, attorneys say.

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Climate Cases Haven't Hurt Oil, Gas Credit Quality, S&P Says

By Madeline Lyskawa

Climate change litigation has skyrocketed over the past 10 years, increasing climate litigation risk, but the credit quality of the oil and gas sector has remained unaffected, S&P Global Ratings concluded in a report published Tuesday.

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Energy Dept. Says Red States Can't Block LNG Export Pause

By Juan-Carlos Rodriguez

The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.

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Q&A

Venable Trade Co-Chair Shares Hot Takes On US Steel-Nippon

By Al Barbarino

Back in December, Venable LLP partner Ashley Craig, co-chair of the firm's international trade group, spoke with Law360 just after U.S. Steel disclosed its agreement to be sold to Nippon Steel. Now, he shares his thoughts on the latest developments, including the White House coming out forcefully against the deal and the U.S. Department of Justice launching a probe into it.

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Top Dem Cuts Cuellar Slack Not Given Santos, Menendez

By Courtney Bublé

House Democratic leadership has continued its defense of Rep. Henry Cuellar, D-Texas, following the recent bribery indictment against him and his wife, saying the situation is different from the indictments last year against Rep. George Santos, R-N.Y., and Sen. Bob Menendez, D-N.J.

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Shell Violated Order By Refusing Docs, Enviro Group Says

By Aaron Keller

Shell Oil Co. violated a federal court order and civil procedure rules by raising "artificially restrictive and hypertechnical interpretations" of discovery demands in a Conservation Law Foundation Inc. lawsuit over the petroleum producer's preparedness for floods, the environmental watchdog group has told a Connecticut judge.

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Bloom Energy Gets Final OK For $3M Settlement Over IPO

By Katryna Perera

A California federal judge has granted final approval to a $3 million settlement between Bloom Energy Corp. and investors to resolve claims that the company, its leadership and underwriters for its initial public offering misrepresented or omitted key information in the IPO registration statement.

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Uniper Looks To Nix Russian Court's Anti-Arbitration Order

By Caroline Simson

German energy company Uniper has appealed a Russian court ruling threatening a multibillion euro fine if it continues to pursue an arbitration claim in Sweden that accuses the Russian company Gazprom of reneging on a contract to deliver gas, the company said Tuesday.

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Duke Energy Rival Stresses Holistic View Of Monopoly Suit

By Travis Bland

Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.

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PolyMet Land Swap Discovery Order Paused, For Now

By Crystal Owens

PolyMet Mining doesn't have to produce information it had previously withheld in a Minnesota tribe's challenge to undo a land swap, a federal district court determined after the company asked for emergency relief to avoid any potential harm it said could come from wrongfully disclosing privileged documentation.

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What 100 Federal Cases Suggest About Changes To Chevron

With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

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A Recipe For Growth Equity Investing In A Slow M&A Market

Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.

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Opinion

SEC Doesn't Have Legal Authority For Climate Disclosure Rule

Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

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Northeast Firms Harris Beach, Murtha Cullina To Join Forces

By Christine DeRosa

Midsize law firms Harris Beach PLLC and Murtha Cullina LLP on Tuesday announced plans to combine starting next year, creating one firm with a footprint across Connecticut, Massachusetts, New York and nearby states.

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Titans Of The Plaintiffs Bar: Susman's Brook, Shackelford

By Sydney Price

Susman Godfrey LLP attorneys Davida Brook and Stephen Shackelford Jr. learned very early on in their working relationship that they needed to trust each other. That concept, they say, has been foundational to their success as defamation attorneys, and those who have worked alongside them say everyone else has reason to trust them, too.

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Florida Judge Delays Trump's Classified Docs Trial Indefinitely

By David Minsky

The Florida judge overseeing the criminal case that accuses former President Donald Trump of holding onto classified documents upon leaving office extended indefinitely the planned May 20 start of the trial, citing "myriad and interconnected pretrial" issues regarding the Classified Information Procedures Act, according to a federal court order filed on Tuesday.

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Stormy Daniels Tells NY Jury 'Fear' Drove Hush Money Deal

By Frank G. Runyeon, Stewart Bishop and Rachel Scharf

Adult film star Stormy Daniels detailed for a Manhattan jury on Tuesday how a sexual encounter with Donald Trump in 2006 led to an alleged $130,000 hush money payment in 2016, describing how it was "fear and not money" that led her to make the deal.

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Coverage Recap: Day 9 Of Trump's NY Hush Money Trial

By Rachel Scharf, Stewart Bishop and Frank Runyeon

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day nine.

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Prepetition Waivers Sway Invitae Judge On Kirkland Hire

By Vince Sullivan

A New Jersey bankruptcy judge approved the retention of Kirkland & Ellis LLP as bankruptcy counsel for debtor Invitae Corp. Tuesday, the same day he approved a $239 million sale of its assets to Labcorp.

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Atty Dons Muppet Head To Open Sesame Place Race Bias Trial

By P.J. D'Annunzio

A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.

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Remote Atty Is No Reason For Mistrial, 10th Circ. Says

By Emily Sawicki

In a published opinion Tuesday, a Tenth Circuit panel ruled that the remote court appearance of a plaintiff's attorney who contracted COVID-19 was not grounds to declare a mistrial after a Black utility worker lost his Title VII workplace discrimination case in Kansas, finding that the plaintiff could not show that he was prejudiced by his lead counsel's absence.

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