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Energy
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February 10, 2025
Emerson Butts Heads With Elliott On $7.2B AspenTech Deal
Global technology company Emerson said Monday that its $7.2 billion offer to buy the remaining shares in AspenTech that it does not already own represents "compelling and certain value" for shareholders, pushing back after activist investment firm Elliott ripped the bid as an undervaluation.
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February 10, 2025
W. Virginia Coal Miner Hits Ch. 11 With $79M Debt, Sale Plans
West Virginia coal miner White Forest Resources filed for Chapter 11 protection in Delaware with nearly $79 million in debt, saying after struggling with production and shipping issues it plans to sell one of its two mines before the end of April.
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.
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February 07, 2025
Judiciary Dems Want Ethics Probe Into Musk's DOGE Work
A dozen Democratic lawmakers on Friday pressed the U.S. attorney general and the Office of Government Ethics to look into whether Elon Musk's personal financial interests mean his work as a special government employee violates federal ethics laws.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
Maxeon Investors Push To Keep Exchange Act Suit Alive
The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.
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February 07, 2025
FERC Says Trump Orders Support DC Circ. Rehearing Bid
The Federal Energy Regulatory Commission has told the D.C. Circuit that President Donald Trump's revocation of two environmental executive orders dating back decades shows that the appeals court's vacatur of two FERC reauthorizations of liquefied natural gas projects was unjustified.
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February 07, 2025
Ex-Mayor Gets Probation For Using Public Workers At His Biz
The former mayor of a New Jersey township was sentenced to three years of probation Friday after pleading guilty to using public employees to operate his private oil tank removal business and submitting fraudulent applications to other municipalities to obtain permits for the tank removals, the New Jersey attorney general and the Office of Public Integrity and Accountability announced.
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February 07, 2025
Trump's Tariff Moves Put Energy Cos. In Scramble Mode
President Donald Trump's aggressive use of tariffs in the early weeks of his administration has roiled the energy industry's long-term planning, and the fast-changing environment has companies scrambling to insulate themselves from potential financial hits.
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February 07, 2025
Del.'s Quiet Ambition To Tweak Chancery, Stem Feared DExit
Anxious over claims that stockholder-tilted decisions by Delaware's Court of Chancery will trigger more companies to follow Tesla, SpaceX, Meta and Dropbox to other states, Delaware policymakers are taking a hard look at the venerable business court's processes, hoping to slow a feared rush to DExit.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
NAFTA Case Useful In Bid To DQ Quinn Emanuel, Judge Says
A Florida federal judge has ruled that a Mexican oil company can use information on dismissed NAFTA arbitration and other documents in a bid to disqualify former counsel Quinn Emanuel, saying the evidence is relevant to underlying litigation over alleged funds transfers.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
Taxation With Representation: Kirkland, Latham, Skadden
In this week's Taxation With Representation, Triumph Group goes private via Berkshire Partners and Warburg Pincus affiliates, alternative asset manager TPG buys Altus Power, Globus Medical buys Nevro Corp., and Honeywell separates its automation and aerospace technology businesses, resulting in the formation of three distinct companies.
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February 07, 2025
Justices Deny Trump DOJ's Bid To Delay Three Energy Cases
The U.S. Supreme Court denied the Trump administration's request to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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February 07, 2025
Trump Admin Freezing EV Charging Station Funds
The Federal Highway Administration told state transportation department directors it is freezing a $5 billion initiative aimed at helping states deploy electric vehicle charging stations — a move the Sierra Club called both "illegal and terrible."
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February 06, 2025
States Say NY Climate Act 'Wrings Funds' From Energy Cos.
A coalition of 22 states sued New York state Thursday over its recently signed Climate Superfund Act, saying it constitutes an attack on U.S. energy producers that will be felt by consumers.
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February 06, 2025
BCLP Expands To Saudi Arabia With 2 New Offices
Bryan Cave Leighton Paisner LLP plans to open two offices in Saudi Arabia, pushing to work on infrastructure projects and other industries in the Middle Eastern country with two attorneys previously with KSA USA Legal, the firm announced Thursday.
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February 06, 2025
Investors, Italy Tussle Over $23M Awards Enforcement Suit
Renewable energy investors looking to enforce tens of millions of euros worth of arbitral awards against Italy accused the country on Wednesday of trying to prolong the litigation through jurisdictional arguments that the D.C. Circuit has already rejected, while Italy argued that the underlying facts here are different.
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February 06, 2025
EPA Places 168 Environmental Justice Workers On Leave
Scores of U.S. Environmental Protection Agency workers who have been focused on environmental justice issues were placed on leave Thursday, in line with the Trump administration's promise to largely abandon that area of work.
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February 06, 2025
Devon Urges 10th Circ. To Undo $2.8M Drilling Royalty Order
A Devon Energy Corp. unit has asked the Tenth Circuit to reverse an Oklahoma federal judge's decision to affirm a $2.8 million drilling royalty order the U.S. Department of the Interior issued against it, saying its actions were in line with a settlement it sealed with the federal government.
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February 06, 2025
Nabors-Acquired Biz Accused Of Pirating Simulation Software
A Rhode Island software business filed a lawsuit in Texas federal court on Wednesday accusing an employee of a company acquired by Houston-based Nabors Industries Inc. of pirating its simulation software 62 times.
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February 06, 2025
FERC Tells DC Circ. Revised Grid Hookup Policy Is Sound
The Federal Energy Regulatory Commission defended the penalty framework in its revised policy on hooking up new power projects to the grid, telling the D.C. Circuit it reasonably balanced competing interests and imposed a variety of safeguards.
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February 06, 2025
Philly Law Firm Settles $1.5M Fee Suit Against Metal Company
Philadelphia firm Cohen Seglias Pallas Greenhall & Furman PC and metalworking company M. Cohen & Sons have resolved a legal battle in which the firm sought to collect $1.5 million in fees while also attempting to fight legal malpractice counterclaims over an alleged conflict of interest.
Expert Analysis
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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.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.