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Energy
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November 15, 2024
4 Oil Giants Invest $500M To Boost Global Energy Access
Four oil and gas industry giants — BP, Equinor, Shell and TotalEnergies — announced a commitment Friday to invest a total of $500 million in support of a United Nations goal to ensure access to clean and affordable energy worldwide by 2030.
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November 15, 2024
Taxation With Representation: Cravath, MoFo, Gibson Dunn
In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 14, 2024
Trump Picks ND Gov. To Lead Interior Dept.
President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.
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November 14, 2024
DC Circ. Doubts Standing In Challenge To Grid Project Perk
A D.C. Circuit panel expressed skepticism Thursday that a coalition of energy consumers have standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project.
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November 14, 2024
Trade Groups Back Red States In EPA Water Rule Dispute
A slew of trade groups have joined a dozen red states in urging a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring all states in the nation to consider tribal treaty rights when they set their water quality standards.
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November 14, 2024
Biden Admin Backs Controversial Alaskan Land Swap, Road
The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.
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November 14, 2024
Family Sues Suncor, Honeywell Over Worker's Death
The family of a refinery worker allegedly killed by exposure to toxic chemicals at a Suncor Energy oil refinery near Denver filed a lawsuit Wednesday in Colorado state court against Suncor, Honeywell and the contractor that employed him, claiming liability for the man's death.
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November 14, 2024
Split 5th Circ. Affirms SEC's Kroger Proxy Decision
A divided Fifth Circuit on Thursday rejected a "purely theoretical" challenge brought by conservative shareholders unhappy that the U.S. Securities and Exchange Commission greenlighted the exclusion of a shareholder proposal from Kroger Co.'s 2023 ballot, noting that the case was moot since the company authorized a vote on the proposal anyway.
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November 14, 2024
XL Fleet SPAC Suit Tentatively Settled For $4.75M In Del.
Investors in a December 2020 blank-check company merger that took hybrid-car retrofit venture XL Fleet public have preliminarily settled a four-count fiduciary duty breach suit in Delaware's Court of Chancery for $4.75 million.
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November 14, 2024
Texas Court Tosses Devon Energy Suit Over NM Rig Injuries
A Texas appeals panel on Thursday threw out a Louisiana worker's suit against Devon Energy Corp. over injuries he sustained while working at a New Mexico drilling rig, saying the trial court was wrong to find that the company had enough contact with Texas to be "at home" and under the court's jurisdiction.
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November 14, 2024
Fla. High Court Upholds Utility Board's OK Of Rate Hikes
Florida's Supreme Court on Thursday affirmed a state commission's approval of proposed electricity rate hikes intended for power grid upgrades, saying the increases are in the public interest and that portions of an expert's testimony were correctly excluded during a proceeding because they constituted opinions on legal issues.
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November 14, 2024
Boeing Could Sell Navigation Unit For $6B, And More Rumors
Boeing is mulling a sale of its Jeppesen navigation unit at potential $6 billion price tag, Pfizer may be seeking billions for its hospital drug unit, and a U.S. gas station and convenience store business could be sold at a $1.5 billion value. Here, Law360 breaks down these and other notable deal rumors from the past week.
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November 14, 2024
Ovintiv Buys Montney Assets For $2.4B, Sells Others For $2B
Natural gas producer Ovintiv Inc. said Thursday it will purchase certain Montney Basin assets in Canada from Paramount Resources Ltd. in an all-cash deal worth about $2.38 billion, and also announced plans to divest its Uinta Basin assets in a sale to FourPoint Resources Ltd. and its private equity partners for $2 billion, with at least five law firms advising on the deals.
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November 14, 2024
Mayer Brown Energy And Project Finance Partner Joins Akin
Akin Gump Strauss Hauer & Feld LLP announced Thursday that an experienced project finance and energy attorney joined the firm's New York office as a partner, in a move Akin said will help with its increased client demand in those areas.
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November 14, 2024
DLA Piper Int'l Arbitration Co-Chair Swaps Paris For NY
DLA Piper said Wednesday that its Paris-based international arbitration practice co-chair is crossing the Atlantic to lead the team from New York, a move he says "will help us build on the very strong base we already have in place there."
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November 14, 2024
Louisiana Oil Field Co. Hits Ch. 11 Again With $115M Debt
PetroQuest Energy Inc., an oil and gas exploration company, filed for bankruptcy in Delaware reporting $115.5 million in debt with plans to sell its Texas operations five years after it exited Chapter 11 in 2019.
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November 13, 2024
Md. Electricity 'Greenwashing' Law Is A Muzzle, Judge Told
A Maryland law attempting to crack down on electricity suppliers' "greenwashing" claims unconstitutionally mandates companies speak about their product in a way that conforms to what the state considers "sustainable energy," a renewable energy company and an advocacy organization argued in Maryland federal court.
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November 13, 2024
Indigenous Groups Can Join Colombia's Fight With Glencore
An international tribunal has agreed to allow two Indigenous Wayuu communities to express their views about a massive mining project's water use in an arbitral dispute between commodities giant Glencore International AG and the Republic of Colombia.
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November 13, 2024
EPA Tells DC Circ. That Mercury Rule Is Sound
The U.S. Environmental Protection Agency told the D.C. Circuit that opponents of its rule strengthening standards for mercury and other toxic air emissions at power plants are seeking to hamstring the agency with a too-narrow interpretation of the Clean Air Act.
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November 13, 2024
Madigan's Atty Seeks To Discredit Key Government Witness
The cross-examination of a former ComEd executive who wore a wire for the government as it built its corruption case against ex-Illinois House Speaker Michael Madigan veered Wednesday into the informant's messy divorce proceedings and his failure to disclose felony charges when trying to buy a gun to kill snakes, as Madigan's attorneys tried to call his credibility into question.
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November 13, 2024
Judge To Confirm Ambri Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.
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November 13, 2024
LNG Co. Says Full DC Circ. Must Revive Texas Project
The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.
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November 13, 2024
FERC Tells 9th Circ. It Properly Rescinded PG&E Grid Perk
The Federal Energy Regulatory Commission has told the Ninth Circuit it correctly yanked a grid incentive for Pacific Gas & Electric Co. for voluntarily belonging to a regional transmission organization, noting California now mandates the state's major utilities join an RTO.
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November 13, 2024
EPA Effluent Rule Is Fatally Flawed, 8th Circ. Told
Republican-led states, utilities and industry groups called on the Eighth Circuit to vacate the U.S. Environmental Protection Agency's rule setting new wastewater limitations for coal-fired power plants, saying it is based on economically unavailable technologies in an effort to further the Biden administration's goal of shuttering coal plants.
Expert Analysis
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.