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Energy
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November 25, 2025
Judge Says Bid Protester Had No Shot At $128M DOE Award
The U.S. Court of Federal Claims rejected a company's protest of the U.S. Department of Energy's decision to pass it over for a $128.9 million contract, saying the company wouldn't have won the award even absent the agency's evaluation error.Â
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November 25, 2025
Ex-Nikola CEO Milton Can't Decertify Investor Suit
An Arizona federal judge Tuesday rejected former Nikola CEO Trevor Milton's objections to certifying a class of shareholders accusing him and the electric vehicle startup of exaggerating the viability of its prospects, finding the investors have made reasonable progress toward contacting class members.
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November 25, 2025
Sustainability-Focused SPAC Invest Green Raises $150M
Special purpose acquisition company Invest Green Acquisition began trading publicly on Tuesday after raising $150 million in its initial public offering built by Greenberg Traurig LLP, Mourant Ozannes (Cayman) LLP and Pillsbury Winthrop Shaw Pittman LLP.
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November 25, 2025
Holtec Can Pursue Suit Over Alleged Scheme Involving Ex-GC
Holtec International prevailed over motions to dismiss its lawsuit in New Jersey state court accusing its former general counsel and others of running an embezzlement scheme that cost the company over $700,000.
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November 25, 2025
US, Mexico And Canada Environmental Panel To Meet
The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday.Â
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November 25, 2025
FERC Stays Out Of Ill. Grid Project Policy Fight
The Federal Energy Regulatory Commission has refused to declare that incumbent utilities in Illinois have a right of first refusal to build new, regionally planned transmission projects in the state, saying it's a matter for state courts to decide.
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November 25, 2025
NJ Panel Confirms Utility Co. Misclassified Workers
A New Jersey utility systems installer should have classified workers on public projects under the prevailing wages for electricians, a New Jersey appellate panel said Tuesday, affirming the state Department of Labor determination that the company owed nearly $159,000 in wages, penalties and fees.
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November 25, 2025
Delaware Judge Accepts $5.89B Bid For Control Of Citgo
A Delaware federal judge on Tuesday approved a $5.892 billion bid from hedge fund Elliott Investment Management LP to purchase shares in Citgo's parent company and satisfy billions of dollars' worth of Venezuelan debt, moving a step closer to ending the long-delayed sale.
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November 25, 2025
Employer Name Error Doesn't Nix Arb. Award, 6th Circ. Says
A Michigan power plant operator must rehire a union-represented worker who it fired after he was approved for long-term disability, the Sixth Circuit ruled, upholding an arbitration award against Holtec over its protests that the company was misnamed in the paperwork.
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November 25, 2025
Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit
Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.
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November 24, 2025
Fed. Circ. Told To Erase 'Remarkable' $50M Fuel Tank IP Award
KUS Technology Corp. is urging the Federal Circuit to free it from a nearly $50 million judgment in Wisconsin for its alleged infringement of a fuel tank sensor patent owned by rival SSI Technologies.
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November 24, 2025
NC Landowners Assert Right To Fight Gas Facility Rezoning
A group of landowners fighting the development of a liquid methane gas storage facility told a North Carolina state appeals court that they were deprived of their rights under state law because some neighboring properties were not properly notified of the rezoning.
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November 24, 2025
Judge Lets FERC's $1B Market Manipulation Case Proceed
A North Carolina federal judge on Monday declined to block the Federal Energy Regulatory Commission from imposing nearly $1 billion in enforcement penalties against an energy efficiency aggregator, saying the company hasn't shown its constitutional rights have been violated.
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November 24, 2025
Vt. Farmers, Enviro Org. Seek Win On Climate Superfund Law
Vermont organic farmers and an environmental group on Friday urged a federal judge to uphold the state's climate change Superfund law, which is being challenged by the Trump administration, red states and fossil fuel industry organizations.
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November 24, 2025
PJM Says FERC Wrongly Nixed Grid Planning Change
PJM Interconnection has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly rejected a plan the regional grid operator brokered with transmission owners to make grid planning decisions without the approval of its members committee.
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November 24, 2025
Troutman Brings On Hogan Lovells Energy Ace In Florida
Troutman Pepper Locke LLP announced Monday that it expanded its energy transactional practice with the addition of a partner from Hogan Lovells in West Palm Beach.
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November 24, 2025
X-energy Raises $700M To Expand Nuclear Reactor Projects
Nuclear reactor maker X-energy Reactor Company LLC, advised by Latham & Watkins LLP, on Monday revealed that it wrapped its latest funding round after receiving $700 million from investors.
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November 24, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.
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November 24, 2025
Justices Won't Hear Dispute Over So-Called Ch. 11 Double Dip
The U.S. Supreme Court on Monday said it will not hear arguments on whether a Texas bankruptcy judge allowed unsecured creditors to double-dip on their recoveries when he handed them control of bankrupt oil driller Sanchez Energy.
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November 21, 2025
Ill. Petroleum Co.'s Drivers Can Vote To Join Teamsters Union
Fuel and oil drivers at a suburban Chicago petroleum company can vote on whether to join the Teamsters, a National Labor Relations Board official said, rejecting the employer's argument that the petitioned-for bargaining unit should have been broader.
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November 21, 2025
Investors Say Spain Can't Escape Award Enforcement
Creditors of Spain owed for their nixed investments in the country's renewable energy sector have urged a D.C. federal court not to throw out their enforcement litigation, saying the court has subject matter jurisdiction in their disputes.
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November 21, 2025
Rusoro Accuses Gold Reserve Of Trying To Hinder Citgo Sale
Rusoro Mining has accused Gold Reserve, a fellow creditor of Venezuela, of trying to undermine an auction process in Delaware federal court for Citgo Petroleum Corp.'s parent company "in any manner possible, and at any cost."
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November 21, 2025
3rd Circ. Panel Will Rethink Solar Panels Fraud Suit Dismissal
The Third Circuit granted a panel rehearing Friday for an elderly New Jersey woman who accused two solar panel financiers of saddling her with a nearly $100,000 debt after she was tricked into getting rooftop solar panels she believed would be free.
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November 21, 2025
Pa. Gov't Barred From Buying, Using Mexican Steel
Pennsylvania's Commonwealth Court has issued an order finding that Mexico unfairly discriminates against a variety of steel products made in the state, with the court also barring the state's public agencies from buying or using steel products from the country.
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November 21, 2025
Judge Won't Sink Conn. Water Permit Suit Against Pike Fuels
A Connecticut federal judge on Friday kept alive an environmental group's lawsuit against Pike Fuels over alleged permit violations at a bulk storage and fuel terminal, rejecting the company's arguments that the case should be dismissed because it sold the terminal.
Expert Analysis
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What's Changing For Cos. In New Calif. Hazardous Waste Plan
While the latest hazardous waste management plan from California's Department of Toxic Substances Control still awaits final approval, companies can begin aligning internal systems now with the plan's new requirements for environmental justice, waste and disposal reduction, waste criteria, and capacity planning, says Thierry Montoya at Frost Brown.
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Navigating EPA Compliance As Gov't Shutdown Continues
As the federal government shutdown drags on, industries regulated by the U.S. Environmental Protection Agency can expect application and permitting delays, limited guidance from EPA personnel regarding compliance matters, and stalled court proceedings — but there are strategies that can help companies deal with these problems, says Lauren Behan at Goldberg Segalla.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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AG Watch: Illinois A Key Player In State-Level Enforcement
Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Anticipating FTC's Shift On Unfair Competition Enforcement
As the Federal Trade Commission signals that it will continue to challenge unfair or deceptive acts and practices under Section 5 of the FTC Act, but with higher evidentiary standards, attorneys counseling healthcare, technology, energy or pharmaceuticals clients should note several practice tips, says Thomas Stratmann at George Mason University.
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$2B PDVSA Ruling Offers Insight Into Foreign-Issued Debt
A New York federal court's recent decision denying a request by PDVSA, Venezuela's state-owned oil company, to refuse enforcement of $2 billion in defaulted bonds serves as a guide for the scope of review required in assessing the validity of foreign-issued securities with New York choice-of-law provisions, say attorneys at Cleary.
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Insights From Recent Cases On Navigating Snap Removal
Snap removal, which allows defendants to transfer state court cases to federal court before a forum defendant is properly joined and served, is viewed differently across federal circuits — but keys to making it work can be drawn from recent decisions critiquing the practice, say attorneys at Perkins Coie.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Key Lessons From Youths' Suit Against Trump Energy Orders
A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.
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SEC's No-Action Relief Could Dramatically Alter Retail Voting
The U.S. Securities and Exchange Commission recently cleared the way for ExxonMobil to institute a novel change in retail shareholder voting that could greatly increase voter turnout, granting no-action relief that represents an effective and meaningful step toward modernizing the shareholder voting process and the much-needed democratization of retail investors, say attorneys at Cozen.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything†approach, says Philip Favro at Favro Law.