Energy

  • February 20, 2024

    FERC Greenlights $6.7B Vistra-Energy Harbor Merger

    The Federal Energy Regulatory Commission has approved a $6.7 billion proposed merger between Vistra Corp. and Ohio-based Energy Harbor LLC after taking extra time to review the tie-up amid competition concerns from both federal antitrust officials and state consumer advocates.

  • February 20, 2024

    Boomerang In Default For Silence On $7M Del. Contract Suit

    A defunct steel tube plant that failed to respond to a Delaware Chancery Court lawsuit seeking $7.35 million for unpaid invoices was found in default Tuesday after failing to appear in court for more than a year and a half.

  • February 20, 2024

    No Coverage For Firm In Haiti Malpractice Suit, Insurer Says

    An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    Validity Of $2B Venezuelan Bonds Remains Unresolved In NY

    New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.

  • February 16, 2024

    6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case

    The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.

  • February 16, 2024

    Hydro Co. Must Alter, Not Remove, Dam That's Killing Salmon

    A Washington federal judge on Friday said a hydroelectric company must remove part of a rock dam structure killing endangered wild salmon, but the judge declined to order complete removal, saying it went beyond a narrowly tailored remedy zeroing in on what is harming fish.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    FERC Rejects Hydro Project Permits Amid Tribal Opposition

    The Federal Energy Regulatory Commission has denied preliminary permits for three proposed hydropower projects on Navajo Nation land in Arizona, saying a recently revised policy clarifying Indigenous rights in the agency's decision-making process and the tribe's overwhelming opposition to the applications swayed the decision.

  • February 16, 2024

    Clean Energy Cos. Must Pay Heed To PFAS Crackdown

    The clean energy industry shouldn't downplay the growing scrutiny over so-called forever chemicals, many of which are present in key components of their projects and can't be easily replaced, attorneys say.

  • February 16, 2024

    Canada Liable Under NAFTA For Axed LNG Project, Co. Says

    A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.

  • February 16, 2024

    Catching Up With Delaware's Chancery Court

    News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.

  • February 16, 2024

    Ex-FBI Field Boss Gets 28 Months For Foreign Payouts

    A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago

    Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.

  • February 16, 2024

    Taxation With Representation: Paul Weiss, Kirkland

    In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.

  • February 15, 2024

    Del. Judge Won't Reorder Priority Scheme For Citgo Auction

    A Delaware federal judge on Thursday denied a bid from certain creditors of Venezuela for a "more equitable" distribution of proceeds from an auction for control of the U.S. oil giant Citgo slated for later this year, ruling that their motion came too late.

  • February 15, 2024

    SpaceX Heads To Texas After Musk's Tesla Pay Package Axed

    Elon Musk announced Wednesday that he is taking SpaceX's business incorporation from Delaware to Texas, after Delaware's chancellor last month struck down his proposed $55 billion Tesla pay package.

  • February 15, 2024

    Ex-FBI Informant Made Up Biden Bribery Claims, Feds Say

    The special counsel investigating Hunter Biden has charged a former FBI informant with fabricating reports that President Joe Biden and his son each took $5 million in bribes from a Ukrainian energy company, according to an indictment unsealed Thursday in California federal court.

  • February 15, 2024

    FERC Churn Won't Impact Grid Policy Push, Chair Says

    A looming commissioner departure that could leave the Federal Energy Regulatory Commission without enough members to fully function is not affecting efforts to finalize a long-awaited overhaul of the agency's electric transmission planning policies, Chair Willie Phillips said Thursday.

  • February 15, 2024

    Baker McKenzie Can't Send Malpractice Suit To London

    An Illinois state appeals court has rejected a push by Chicago-based Baker McKenzie to transfer to London a legal malpractice suit accusing the international law firm of botching a client's bid to reacquire a coal mine in Russia, saying in a 2-1 decision that Cook County has an interest in deciding the case even if the alleged misconduct stems from attorneys in a Russian member firm.

  • February 15, 2024

    Investor In Battery Co. Microvast Sues Over De-SPAC Merger

    Leaders of lithium-ion battery maker Microvast Holdings Inc. and the blank-check company that took it public in July 2021 were so "personally hellbent on completing the merger" for their own benefit that they deceived public investors into approving it, a shareholder alleges in a new Delaware Chancery Court suit.

  • February 15, 2024

    NC AG Takes Duke Energy Rate Hike Fight To State Justices

    North Carolina Attorney General Josh Stein is pressing the state Supreme Court to overrule a rate increase approved by the state utilities commission for Duke Energy Carolinas, arguing that the increase is "unlawful, unjust, unreasonable."

  • February 15, 2024

    Generac Brass Hid Inflation's Impact On Sales, Suit Says

    Executives and directors of generator company Generac have been hit with a shareholder derivative suit alleging they understated the damage inflation had on consumer spending and demand for the company's products.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • 3 Strategies For Aggressive Judgment Enforcement

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    As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    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.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    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.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    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.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    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.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    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.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    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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