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Energy
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October 22, 2024
Copper Mining Co. Asks High Court To Toss Sacred Site Suit
A copper mining company that wants to build operations in a tribally sacred part of the Tonto National Forest has asked the U.S. Supreme Court to toss a challenge to a Ninth Circuit ruling that allows for the transfer of nearly 2,500 acres of land.
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October 22, 2024
Supervisor Could've Prevented Electrician's Death, Widow Says
The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.
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October 22, 2024
Death Claims In Lyondell Leak MDL Go To Mediation
Family who lost loved ones in the 2021 gas leak at a LyondellBasell facility in La Porte, Texas, must pursue their wrongful death claims in mediation, a Houston state court judge has ruled, just a month after the first bellwether trial in the multidistrict litigation reached a settlement.
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October 22, 2024
Bondholders Cry Foul On Proposed Citgo Auction Process
The holders of nearly $2 billion in defaulted Venezuelan bonds are fighting a proposed sales order under which an affiliate of hedge fund Elliott Investment Management LP is set to buy Citgo's parent company for $7.286 billion, arguing the order would gut the collateral guaranteed under a pact with Venezuela.
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October 22, 2024
10th Circ. Affirms Energera Broke Deal By Filing Patent Suits
The Tenth Circuit has ruled that both basic logic and "ordinary grammar" support the finding that a covenant not to file any further patent infringement lawsuits was broken by Colorado oil field equipment supplier Energera when it continued to sue Fuel Automation's future customers over "related" patents.
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October 22, 2024
Zekelman Suit Says Mexico Steel Harming US Industry
Steel pipe and tube maker Zekelman Industries Inc. told a D.C. federal judge that Mexico has dumped subsidized steel products into the U.S. and "devastated" a critical domestic industry in violation of a trade agreement that allowed the country to avoid tariffs former President Donald Trump imposed.
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October 22, 2024
Feds Granted More Time For New Gulf Drilling Review
A Maryland federal judge has agreed to delay the date by which she will vacate a National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico after the agency explained that it would not be able to complete a new review by the original Dec. 20 deadline.
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October 22, 2024
Spain Can't Dodge Enforcement Of €101M Renewables Award
Spain can't use state immunity to escape enforcement of a €101 million ($109 million) arbitral award issued in a fight over slashed economic incentives for renewable energy, after a London appeals court ruled Tuesday that an exception was triggered when Madrid signed an underlying treaty.
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October 22, 2024
BP Unit Says Mexican Cos. Owe It $46M For Natural Gas
Oil and gas giant BP's Mexican unit has asked a Texas federal court to enforce approximately $46 million in arbitral awards against subsidiaries of steelmaker Ternium SA after they allegedly bought natural gas during 2021's Winter Storm Uri and refused to pay.
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October 22, 2024
Feds Partner With Osage, Navajo To Tackle Orphaned Wells
The U.S. Department of Energy said it's inked agreements with the Osage Nation and the Navajo Nation that are aimed at identifying undocumented orphaned wells on tribal lands and addressing their harmful impacts.
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October 22, 2024
Wafer Factories Qualify For CHIPS Tax Credit In Final Regs
Semiconductor wafer production facilities will qualify for the 25% investment tax credit that incentivizes advanced chip manufacturing development projects under final regulations the U.S. Department of the Treasury released Tuesday.
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October 22, 2024
Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court
An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.
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October 22, 2024
3 Energy Attys Join Greenberg Traurig From Brownstein Hyatt
Three energy attorneys from Brownstein Hyatt Farber Schreck LLP have moved to Greenberg Traurig LLP as shareholders in Denver, the firm announced Tuesday, as it builds out the practice in response to clients seeking new development opportunities.
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October 22, 2024
Latham Leads Hyundai's Indian Biz On Record $3.3B IPO
Hyundai Motor India Ltd. dipped in debut trading Tuesday after it raised India's largest ever initial public offering at $3.3 billion, represented by Latham & Watkins LLP and Shardul Amarchand Mangaldas & Co., marking a key milestone in the Korean automaker's overseas expansion.
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October 22, 2024
Madigan Ally's Favors Were '100% Legal,' Not Bribes, Jury Told
Counsel for an ex-lobbyist standing trial on public corruption charges alongside former Illinois House Speaker Michael Madigan told an Illinois federal jury Tuesday that the government is treating legal lobbying activity as bribery, and that his client did "100% legal favors" for Madigan to establish trust and maintain access to the powerful politician.
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October 22, 2024
FCC Expands FirstNet Spectrum Use In 4.9 GHz Band
The Federal Communications Commission on Tuesday unveiled a controversial plan to expand spectrum rights for AT&T's FirstNet emergency response network in the 4.9 gigahertz airwaves set aside for a wide range of public safety uses.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
UK Probes Iberdrola's €5B Electric Power Co. Deal
Britain's antitrust authority said Tuesday that it has decided to investigate Spanish utility company Iberdrola's proposed acquisition of an 88% stake in Electricity North West to examine whether it could weaken competition in U.K. markets.
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October 21, 2024
EV Charging Co. Defeats Investor Suit Over Merger Statements
A California federal judge on Monday threw out, for good, an investor suit accusing electric-vehicle charging company Volta Inc. of making false and misleading statements around the time of its merger, finding once again that the investors failed to show how the statements were actually false and misleading.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
Madigan Part Of 'Corruption At The Highest Levels,' Jury Told
Former Illinois House Speaker Michael Madigan and his loyal right hand Michael McClain engaged in an eight-year "campaign of bribery," leveraging his public office and leadership roles to steer business to Madigan's property tax law firm, enrich his allies with do-nothing jobs and maintain his considerable political power, prosecutors told an Illinois federal jury Monday.
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October 21, 2024
Rule Aims To Give Geothermal Energy Projects A Boost
The U.S. Department of the Interior said it's pitching a new categorical exclusion that's intended to speed up geothermal resource discovery efforts on public lands, with a proposed rule slated to be published Tuesday.
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October 21, 2024
Russia Says Stay Needed In $208M Ukraine Utility Award Fight
The Russian Federation has once again asked a D.C. federal judge to pause litigation filed by a Ukrainian utility to enforce a nearly $208 million arbitral award, saying it is ignoring the potential impact of Dutch annulment proceedings on the award's confirmation.
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October 21, 2024
11 House Dems Back DOI In Offshore Lease Challenge
A coalition of House Democrats are supporting the U.S. Department of the Interior in a petroleum industry challenge to a 2024-2029 offshore oil and gas leasing program, telling the D.C. Circuit the federal government isn't required to "make decisions with blinders on."
Expert Analysis
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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Navigating Antitrust Considerations In ESG Collaborations
The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.