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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 19, 2024
FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told
A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so.
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August 19, 2024
Red States Seek To Block Interior Mining Violation Rule
A coalition of Republican-led states has asked a D.C. federal court to block the U.S. Department of the Interior from implementing a rule that strengthens requirements for states to respond to federal and citizen notifications of possible violations of federal mining law.
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August 19, 2024
California Rips Challenge To Advanced Clean Fleets Regulation
California officials have urged a federal judge to toss a lawsuit from trade groups challenging new regulations requiring large commercial truck and bus fleets to start transitioning to electric and be completely zero-emission by 2036 and beyond, saying the mandates haven't even been enforced yet.
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August 19, 2024
ND Tribe Says State Has No Right To Riverbed Mineral Rights
The Mandan, Hidatsa and Arikara Nation says North Dakota has no claim to mineral rights beneath a portion of the Missouri River within the tribe's reservation, arguing that despite a federal opinion that held the property belongs to the tribe, the state has allegedly issued oil and gas leases for the site.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
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August 19, 2024
Conn. Agencies Defend Rebuff Of Utility's $131M Rate Increase
Three Connecticut agencies, including its utility rate watchdog, have defended the state's rejection of United Illuminating Co.'s proposed three-year rate increase of $131 million, saying in Connecticut state court that regulators properly trimmed the company's request to $23 million in its first year from its $90 million request.
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August 19, 2024
Ethanol Co. Investors Say $9M Arbitration Award Was Stolen
Class B members of a Colorado ethanol company claim they have been denied their share of a $9 million arbitration award resulting from an action against the managing entity of the company for allegedly engaging in a pay-to-play scheme with vendors in exchange for those vendors sponsoring a National Hot Rod Association team.
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August 19, 2024
Groups Urge EPA To Ban Dispersants Used In Deepwater Spill
Two advocacy groups on Monday petitioned the U.S. Environmental Protection Agency to immediately stop using two chemical dispersants that were used after the 2010 BP Deepwater Horizon oil disaster and that they say cause a variety of health problems including cancer.
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August 19, 2024
5th Circ. Won't Upend BP Win In Deepwater Cleanup Suit
The Fifth Circuit won't grant an extension on discovery deadlines to a worker who alleges he was harmed by exposure to toxins during the cleanup of the Deepwater Horizon oil spill, saying the discovery he seeks wouldn't be enough to save his suit against BP Exploration & Production Inc. and BP America Production Co.
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August 19, 2024
DQ'd Judge Should Have Kept Quiet, Tax Challengers Say
A Michigan federal judge who disqualified himself from homeowners' challenge to a $217 million dam repair tax assessment put his "thumb on the scale of justice" by improperly commenting on legal questions as he bowed out, according to homeowners seeking to have the comments rescinded.
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August 19, 2024
Hogan Boosts DC Energy, IP Teams With A&O Shearman Atty
Hogan Lovells has hired a new global regulatory and intellectual property practice partner, who is joining the firm in Washington, D.C., after a little more than two and half years with Allen Overy Shearman Sterling, Hogan Lovells announced Monday.
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August 19, 2024
Security Co. Can't Toss Worker's Sex Harassment Suit
A Maryland federal judge has declined to throw out the bulk of a woman's suit against a Baltimore utility and a security firm alleging that she was fired for ending a sexual relationship with her supervisor, only tossing her wrongful termination claim.
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August 19, 2024
HUD Joins 6-Year Strategy To Beat Extreme Heat
The U.S. Department of Housing and Urban Development said it's partnering with two dozen federal agencies for an initiative focused on implementing solutions for extreme heat dangers in communities.
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August 19, 2024
DTE Energy Looks To Sink Workers' Login Pay Suit
Energy company DTE Energy told a Michigan federal court that customer service employees who sued it for unpaid off-the-clock work received more than double the minimum wage and that federal labor law preempts their breach of contract claims, arguing their suit can't stand.
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August 19, 2024
Refiners Seek EPA Biofuel Reg Waiver, Citing Shortfall
A national trade group for refiners is asking a D.C. federal judge to order the U.S. Environmental Protection Agency to partially waive cellulosic biofuel blending requirements for 2023, arguing the agency overestimated how much would be available, causing refiners an estimated $237 million in compliance costs.
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August 19, 2024
Convenience Store Co. SQRL Hits Ch. 11 With Over $1B Debt
Convenience store chain SQRL Service Stations filed for Chapter 11 protection in Texas bankruptcy court with more than $1 billion of debt after fending off a pair of involuntary bankruptcies from its creditor.
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August 16, 2024
The Biggest Texas Rulings Of 2024: A Midyear Report
Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.
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August 16, 2024
SEC Climate Rules Backed By Wave Of Amici At 8th Circ.
The U.S. Securities and Exchange Commission has received a wave of support for its recently adopted climate disclosure rules from various consumer advocacy, environmental, investor and academic groups, which told the Eighth Circuit the measures are necessary and within the agency's authority.
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August 16, 2024
Stay Lifted On $110M Coal Co. Suit As Arbitration Drags On
A Missouri federal judge has grudgingly lifted a pause on litigation between several insurance companies and a St. Louis coal producer after its mines sustained more than $115 million in fire damage, saying it can pursue claims against domestic insurers separately from insurers seeking arbitration.
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August 16, 2024
Feds To Appeal Platinum Win Over Zero Loss, Count Toss
Federal prosecutors have notified the Second Circuit that they'll appeal a judge's findings that the loss amount in the case of Platinum Partners co-founder Mark Nordlicht was zero and the wire fraud conspiracy counts against Nordlicht and another would be dismissed, despite Nordlicht's conviction.
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August 16, 2024
Nikola, Romeo Power Targeted In Del. Derivative Complaint
A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.
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August 16, 2024
Deal Struck After Jury Clears US Well On Halliburton Patents
U.S. Well Services LLC and Halliburton Energy Services Inc. have agreed to a settlement in principle to resolve their long-running patent infringement dispute, which has seen several patents invalidated, according to a joint motion the parties filed after a jury cleared U.S. Well of infringing three still-registered Halliburton patents.
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August 16, 2024
6th Circ. Won't Rethink Sending Pipeline Fight To Mich. Court
The Sixth Circuit stood by a decision to send a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline back to a Michigan state court Friday, denying Enbridge's request for a hearing in front of the full appellate court.
Expert Analysis
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.