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January 31, 2025
US Chamber Backs Exxon Suit Over Seized Cuba Property
The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 30, 2025
Agency In NJ Town Loses Retrial Bid In $26M Land-Taking Fight
A New Jersey federal judge has denied a redevelopment agency's bid for a new trial in a land-taking battle after a jury determined it should pay $25.6 million for a 22-acre former Michelin Tire & Rubber Co. factory, ruling that it failed to meet the high bar set to overturn a verdict.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Gov't Urges High Court To OK 2nd 'Buffalo Billion' Trial
The federal government asked the U.S. Supreme Court to clear the way for a second trial in a public corruption case tied to former New York Gov. Andrew Cuomo's "Buffalo Billion" development initiative, saying prosecutors should be allowed to pursue charges under a different theory after the justices undid the original convictions.
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January 30, 2025
Dentons Partner Joins Mintz's Energy And Sustainability Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired a former Dentons partner who will split time between New York and Washington, D.C., working with clients on project finance matters in the energy space, the firm recently announced.
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January 29, 2025
Cobalt Refiner Hits Ch. 11 With Plan To Cut $164M In Debt
A Texas bankruptcy judge Wednesday put the operator of one of the world's largest cobalt refineries on course for a March hearing on a Chapter 11 plan to shed nearly $164 million in debt as it deals with depressed cobalt prices it blames on Chinese oversupply.
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January 28, 2025
Stakeholders Worry Funding Freeze Will Hinder Connectivity
Advocates for increased broadband access in schools and libraries are sounding the alarm about the Office of Management and Budget memorandum calling on agencies to pause grant and loan disbursements, with broadband access advocates warning that the move would stop all Universal Service reimbursements and threaten coverage for rural and underserved areas.
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January 28, 2025
5th Circ. Revives Arb. Bid In Saudi Arabia Oil Project Row
A Louisiana federal judge wrongly nixed a bid to send a dispute stemming from a Saudi Arabian oil and gas project to arbitration after the administering institution named in an underlying subcontract was dissolved, the Fifth Circuit ruled in a published opinion.
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January 28, 2025
NJ Targets MTA's Changes In Revised Congestion-Pricing Suit
New Jersey Gov. Phil Murphy plans to target New York City's public transit agency and the altered toll amounts in the state's renewed legal challenge to congestion pricing, according to a proposed amended complaint.
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January 28, 2025
Senate Confirms Sean Duffy As DOT Secretary
The U.S. Senate on Tuesday confirmed former Wisconsin congressman Sean Duffy to be secretary of the U.S. Department of Transportation.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
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January 27, 2025
Cruz Files Bill To Repeal FCC's Student Wi-Fi Plan
U.S. Sen. Ted Cruz, R-Texas, has filed a bill to prevent the Federal Communications Commission from carrying out a Democratic plan to fund Wi-Fi for students off campus.
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January 27, 2025
Contractor Seeks DC Circ. Approval Of $200M Arbitral Award
A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.
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January 27, 2025
NJ Shortens Window For Use Of Redevelopment Tax Credits
New Jersey reduced the time in which tax credits for certain mixed-use and commercial real estate redevelopment projects must be used after approval as part of a bill signed by Gov. Phil Murphy.
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January 24, 2025
Lawmakers Want FCC Subsidy Fund Preserved At High Court
Nearly 30 members of the U.S. House and Senate from both parties are urging the U.S. Supreme Court to keep in place the Federal Communications Commission's system of raising funds from telecom providers to pay for connectivity around the country.
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January 24, 2025
Blackstone To Buy $1B Power Plant In Va. Data Center Mecca
Blackstone, advised by Kirkland & Ellis LLP, plans to purchase a natural gas power plant in Loudoun County, Virginia — a region known for having the biggest data center market in the world — for $1 billion from Latham & Watkins LLP-led Ares Management, according to a source familiar with the matter.
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January 23, 2025
Jump Trading Says Ex-Worker Stole IP For Blockchain Startup
High-frequency trading firm and blockchain technology developer Jump Trading has filed a complaint seeking a preliminary injunction against a former software developer it claims is using Jump Trading's intellectual property to launch a competing project.
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January 23, 2025
Spain Wins Stay In $29M Renewable Award Enforcement Suit
A D.C. federal judge has paused litigation against Spain to enforce an approximately $29 million arbitral award issued to solar energy investors while the country seeks a U.S. Supreme Court review, diverging from the approach taken by a fellow federal judge earlier this month.
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January 23, 2025
AT&T, Dish Owe FCC $20.6M In Unverified Subsidy Payments
AT&T and Dish Network will have to repay the Federal Communications Commission the more than $20 million it took in early pandemic broadband subsidy funds because they failed to verify that the people they used those funds for were eligible for the program.
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January 23, 2025
NJ Town Loses Bid To Join NYC Congestion Pricing Suit
A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.
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January 23, 2025
NC Biogas Co. Sidesteps Sanctions For Now In Lender Fight
A North Carolina Business Court judge held back on sanctioning a biogas company for allegedly violating a court order to pay its lender before pursuing new contracts on a renewable energy project, reasoning that he needs more information about the terms of the agreement to see if a contempt ruling is warranted.
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January 22, 2025
Texas Court Asks If $50M Award In Dubai Tower Case Was Fair
A Texas appeals court worked Wednesday to untangle whether executives who are on the hook for $50 million received a fair shot in the United Arab Emirates' court system after they abandoned ambitious tower projects in Dubai.
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January 22, 2025
Exxon Says Investors Shared Confidential Info With Ex-Worker
Exxon Mobil Corp. has urged a Texas federal judge to reject investors' broad reading of what confidential information they're allowed to share and with whom in litigation accusing the oil giant of overvaluing its Permian Basin holdings by billions of dollars.
Expert Analysis
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.