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July 12, 2024
Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back
In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.
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July 12, 2024
Tribes, Enviro Orgs. Say Mining Exec's Retirement Moots Suit
Native American tribes and environmental groups have dropped their suit asking Montana's environmental regulator to curtail Hecla Mining Co.'s operations, telling a federal court that their complaint was based on the leadership of now-retired CEO Phillips Baker Jr.
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July 12, 2024
Gas Co. Says Trader Can't Get Bonus From Risky Trades
A Colorado gas marketing company has urged a state judge to find a former trading director forfeited his right to collect a $3.3 million bonus because it was the result of risky and unauthorized trading, according to a motion asking the court to toss a jury's damages award.
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July 12, 2024
Alberta Oil Co. Calls Out US 'Bad Faith' In Keystone Suit
A publicly owned marketing firm for Alberta's crude oil industry is urging an international tribunal not to separate out jurisdictional issues in its $1.14 billion claim against the U.S. over the cancelation of the Keystone XL pipeline, calling out the Biden administration's "apparent bad faith conduct."
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July 12, 2024
Feds Ignoring Idle Offshore Oil Well Risks, Green Group Says
The federal government is looking the other way as owners of retired offshore oil and gas drilling infrastructure fail to properly shut down the facilities and blow deadlines, environmentalists said in a new lawsuit.
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July 12, 2024
Litigation Funding 'Abuses' Targeted By Federal Lawmakers
Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.
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July 12, 2024
Biggest Colorado Decisions Of 2024: A Midyear Report
The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.
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July 12, 2024
Steptoe & Johnson Lands M&A Pro From Rimon Law
Steptoe & Johnson PLLC has hired an experienced mergers and acquisitions and securities lawyer who previously worked for numerous firms, including Rimon Law, Winstead PC, Baker Botts LLP and Skadden Arps Slate Meagher & Flom LLP.
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July 12, 2024
Taxation With Representation: Ropes & Gray, Cravath, Latham
In this Week's Taxation with Representation, Paramount Global merges with Skydance Media, Devon Energy acquires Grayson Mill Energy's Williston Basin oil and gas business, Ryan acquires Altus Group Ltd.'s property tax business, and Bain Capital buys Envestnet Inc.
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July 12, 2024
FTC Eyes $23B ConocoPhillips Deal Amid Mass Consolidation
ConocoPhillips said Friday that the Federal Trade Commission has issued a second request regarding its late May agreement to acquire Marathon Oil for $22.5 billion, the latest sign that the rapid consolidation rippling through the oil and gas industry features prominently on the regulator's radar.
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
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July 12, 2024
Balch & Bingham Hires Nuclear Energy Atty In DC
Balch & Bingham LLP announced it has hired a Morgan Lewis & Bockius LLP associate who joins the firm as a partner to continue his work advising electrical utility companies, with a particular focus on counseling clients that own and operate nuclear power plants.
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July 11, 2024
8th Circ. OKs Toxic Gas Injury Win, But Cuts Award By $30M
The Eighth Circuit on Thursday affirmed a jury's finding that Dyno Nobel Inc.'s negligence in handling toxic gas emissions caused serious injuries to a man's larynx but slashed his $43.75 million award down to $13.75 million, saying the explosives company lacked the culpable mental state required for punitive damages.
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July 11, 2024
Only 1 Gold Mine Investor Has Class Claim, Chancery Says
Only one of three warrant holders who sued a Nevada gold and silver mine in Delaware's Court of Chancery may move forward with a proposed class action, a Chancery Court judge has ruled, but the other pro se plaintiffs may continue with their individual claims.
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July 11, 2024
$1M Fine 'Substantial' In Wash. Dam Settlement, Judge Says
A Washington federal judge, over objections from tribes and environmental groups, is allowing the government to enter into a proposed consent decree that would settle Clean Water Act violations, saying a $1 million fine against dam operator Electron Hydro is substantial.
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July 11, 2024
Calif. Nabs $50M Deal With Oil Traders In Gas Price-Rigging Suit
California secured a $50 million settlement with oil trading companies Vitol and SK Energy, resolving allegations that the companies schemed to artificially inflate gas prices in the Golden State after an Exxon Mobil Corp. refinery exploded in 2015, California's attorney general announced Wednesday.
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July 11, 2024
FERC 'Waiting For Me To Die' With Late Order, Utility Atty Says
Counsel for the Louisiana Public Service Commission told the Fifth Circuit on Thursday the Federal Energy Regulatory Commission is "waiting for me to die" as it delays issuing a compliance order to System Energy Resources Inc., saying the agency was doing irreparable harm to consumers.
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July 11, 2024
Oil Giants Defeat City Of Baltimore's Climate Change Claims
A Maryland judge has dismissed Baltimore's suit seeking climate change-related damages from oil companies including Chevron, Exxon and BP, ruling that the city's claims stem from a global phenomenon and thus are "beyond the limits of Maryland state law."
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July 11, 2024
Judge Grants Tesoro Injunction In Pipeline Fight With Feds
A North Dakota federal judge has granted a Marathon Petroleum Corp. subsidiary's request for an injunction to block an Interior Department order vacating several decisions related to a pipeline crossing through part of the Fort Berthold Indian Reservation.
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July 11, 2024
Marathon Oil To Pay $241.5M Over North Dakota Emissions
The U.S. Department of Justice revealed on Thursday that it has reached a $241.5 million settlement with Marathon Oil, resolving allegations of Clean Air Act violations tied to the company's oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota.
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July 11, 2024
Calif. Customers Sue Toyota Over Hydrogen Fuel Scarcity
Toyota customers in California have slapped the automaker with a proposed class action complaint, saying the scarcity of hydrogen fuel available for their Toyota Mirai hydrogen fuel-cell electric vehicles has rendered them "unsafe, unreliable and inoperable."
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July 11, 2024
Deals Rumor Mill: Saudi Aramco, Paramount Global, Carlyle
The Carlyle Group is considering acquiring Baxter International's kidney-care spinoff Vantive for about $4 billion, Aramco attracted more than $31 billion in orders for its $6 billion bond sale, and Paramount Global plans to cut more jobs before its merger with Skydance Media closes. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 11, 2024
Ex-BP Legal Head Joins HF Sinclair As General Counsel
HF Sinclair Corp. this week named the former head of legal at BP PLC its new general counsel, about four months after the energy company's most recent top law department leader resigned to pursue another opportunity.
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July 11, 2024
BP Deadline Denial Could Impact Mass Torts, 5th Circ. Told
A man suffering from a chronic health condition stemming from his work cleaning up Mississippi beaches after the Deepwater Horizon spill told the Fifth Circuit that a Louisiana judge's failure to yield to third-party discovery agreements could potentially impact a litany of mass litigation if upheld.
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July 11, 2024
Biden Floats $2B To Drive US Auto Industry's EV Pivot
The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.
Expert Analysis
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules
Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.