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Energy
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April 25, 2025
Okla. Backs Wind Farm At 10th Circ. In Osage Mineral Dispute
Oklahoma is backing Enel Power in its Tenth Circuit bid to undo a $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, saying the project provides tax revenue, employment and a stable power source for tens of thousands of homes.
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April 25, 2025
FDIC Defends In-House Enforcement For Banking At 7th Circ.
The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.
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April 25, 2025
Tesla, Allies Urge Reversal Of Musk's $56B Pay Veto
Pointing to solid Tesla stockholder approval of Elon Musk's $56 billion, multiyear compensation plan, the Chamber of Commerce's national office has urged Delaware's Supreme Court to reverse a Chancery Court strikedown of the plan and reconsider a $345 million winning-side class attorney fee.
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April 25, 2025
SPAC Deals Are Buzzing Again Despite Tariff Turmoil
Amid heavy volatility that has largely frozen traditional initial public offerings, deal teams are launching more special purpose acquisition companies, an alternative market to typical IPOs that so far has shown few ill effects from tariff-related uncertainty.
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April 25, 2025
Interior's Energy Permits Plan Has Legal And Practical Risks
The U.S. Department of the Interior's plan to truncate environmental reviews and accelerate the approval process for certain energy projects could be vulnerable to lawsuits, given the legwork needed to ensure project reviews are sufficient.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Exxon Can't Use $8.5M Deal To Skirt Pa. Suit, Judge Says
Exxon Mobil Corp. and ExxonMobil Oil Corp. can't use an $8.5 million settlement from 2012 to escape Pennsylvania's drinking water contamination suit, a New York federal judge has ruled.
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April 25, 2025
Feds Say Tariff Fight Belongs In International Trade Court
The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.
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April 25, 2025
WTO Will Hear EU-China Dispute Over Electric Car Batteries
A World Trade Organization dispute panel will hear China's complaint against the European Union's duties on Beijing's electric car batteries after talks between the two governments failed to resolve the matter, the global trade watchdog announced Friday.
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April 25, 2025
Chemours Hit With New Derivative Duty Breach, Waste Suit
A Chemours Inc. stockholder launched a new derivative damage suit against 13 former or current top officers and directors in Delaware's Court of Chancery Friday, adding to state and federal court challenges targeting allegedly conflicted and misleading disclosures about revenues and performance in 2022 and 2023.
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April 25, 2025
Calif. AG Asks Court To Sink Exxon Recycling Defamation Suit
California's attorney general is asking a Texas federal court to dismiss Exxon Mobil Corp.'s lawsuit alleging he and several conservation groups have disparaged the company's reputation by declaring that it misled people about the effectiveness of plastic recycling.
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April 25, 2025
Feds Push To Keep Trial Date For 'Compromised' Texas Rep
Prosecutors told a federal judge Friday that U.S. Rep. Henry Cuellar, D-Texas, and his wife have plenty of time to review discovery and get their attorneys security clearances before a September trial on bribery and corruption charges.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
Taxation With Representation: Dechert, Brown Rudnick
In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.
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April 24, 2025
Rising Gold Prices Should Nix $3M SEC Deal, Ex-Exec Says
A former executive of a company that solicited investments in gold and silver coins has pushed back on the U.S. Securities and Exchange Commission's efforts to collect on a $3 million settlement he struck with the agency, telling a federal judge the deal should be vacated because prices for precious metals have recently "skyrocketed."
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April 24, 2025
EPA Faces Diverging Input On How To Modify WOTUS Rule
The Trump administration is being pulled in opposite directions by a wide variety of industry groups that are urging it to take a very narrow view of the Clean Water Act's jurisdiction, and environmental organizations and others who say the law should cover the most waterways possible.
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April 24, 2025
Conn. Judge Nixes Council's Power Line Approval
A state agency overstepped its authority in its decision to approve an electric transmission line replacement project on the Metro-North Railroad corridor in Fairfield and Bridgeport, a Connecticut state judge ruled Wednesday.
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April 24, 2025
2 SPACs Join Recovering Market With $461M In New Capital
Two special purpose acquisition companies raised $461 million combined through initial public offerings in the past two days in order to pursue mergers targeting several industries, represented by three law firms, extending an uptick in SPAC offerings despite broader market volatility.
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April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs
The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
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April 24, 2025
Rivian Secures Calif. State Court Win Over Investors' IPO Suit
A California state appellate court affirmed the dismissal of a suit brought against Rivian Automotive accusing the electric vehicle manufacturer and its underwriters of misleading investors ahead of its blockbuster 2021 initial public offering, finding that Rivian's articles of incorporation direct any federal securities-related claims to federal court.
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April 24, 2025
GAO Denies Protest Of $10.5M DOE Support Services Deal
A company protesting a $10.5 million National Nuclear Security Administration award for support services failed to show that the agency botched its best-value evaluation, or that the awardee had misrepresented the availability of its proposed program manager, the U.S. Government Accountability Office said.
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April 24, 2025
Pardon Me? Why Offers To Secure Clemency Might Be A Scam
Some white collar lawyers and consultants say their clients are increasingly being solicited by potential scammers with promises to leverage supposed White House connections to secure pardons and other forms of clemency in exchange for big fees.
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April 24, 2025
DOJ Probing Disney-FuboTV Deal, And Other Rumors
The DOJ is investigating Disney's proposed FuboTV acquisition, Merck is close to a $3.5 billion deal for SpringWorks, and U.S. investor James Cameron offered $5 billion for a Luxembourg-based mining enterprise. Here, Law360 breaks down these and other notable deal rumors from the last week.
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April 24, 2025
Pennsylvania Coal Co. Reaches Cleanup Deal In Ch. 11 Case
Bankrupt coal-mining company Corsa Coal Corp. told a Pennsylvania judge that it had reached a deal with state regulators that resolves a dispute over water source cleanup obligations, with the debtor agreeing to pay $800,000 to be distributed to contaminated water source users.
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April 24, 2025
US Must Pay ND $28M Over Dakota Access Pipeline Protest
The United States must pay the state of North Dakota $28 million in damages for its failure to control Dakota Access pipeline protesters, a federal judge determined, saying the judgment is a reminder to the federal government of its role in the larger picture of ensuring peace.
Expert Analysis
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Hawaii Climate Insurance Case Is Good News For Energy Cos.
The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.