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Energy
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October 03, 2025
Biden-Era Drilling Ban Memos Overstepped Law, Judge Says
A Louisiana federal judge handed a partial victory to Republican-led states and oil and gas industry groups in their lawsuits challenging now-rescinded Biden-era memos that closed off waters to offshore drilling, finding that the memos exceeded the president's authority.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Few Petitions Move Forward In Newest Discretion Reviews
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 15 Patent Trial and Appeal Board petitions Friday night, but allowed five challenges to proceed.
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October 03, 2025
Cameron Can't Pin $8.9M IP Verdict On Bankrupt Co.'s Owners
Cameron International Corp. cannot hold the owners of Nitro Fluids LLC liable for a nearly $9 million patent infringement verdict against the bankrupt fracking and oil drilling services group, a Texas federal judge ruled, saying Cameron waited too long to add the owners to the litigation.
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October 03, 2025
Retailers Push For Rounding Law To Avert Penny Shortage
A coalition of major retail and restaurant trade associations has urged the leaders of congressional banking committees to quickly enact national legislation for cash transaction rounding in light of the end of U.S. penny production.
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October 03, 2025
Megadeals Spur Jump In Global M&A Deal Values Through Q3
A flurry of megadeals in transportation, technology and infrastructure has propelled global mergers and acquisitions to their strongest showing since 2021, even as the number of transactions languishes at levels not seen since the financial crisis.
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October 03, 2025
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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October 03, 2025
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
DC Circ. Affirms Immunity Denial For Venezuela Oil Co.
A D.C. Circuit panel ruled Petroleos de Venezuela SA must face claims it unlawfully took over an Oklahoma business's rigs and property, backing a district court's decision to deny the state-owned oil company's bid for sovereign immunity.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Taxation With Representation: Kirkland, Paul Weiss, Cravath
In this week's Taxation With Representation, video game maker Electronic Arts agrees to be acquired by the Saudi Arabia Public Investment Fund, Silver Lake and Affinity Partners; online mortgage giant Rocket closes its acquisition of rival Mr. Cooper Group; and Berkshire Hathaway acquires international energy company Occidental's chemical business.
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October 03, 2025
Supreme Court Takes Up Cuba Seizure Law Cases
The U.S. Supreme Court on Friday agreed to consider two cases seeking clarity on a federal law enacted in 1996 that allows U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property.
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October 02, 2025
FERC Issues Trump-Ordered Rule To Phase Out 53 Regs
The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.
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October 02, 2025
Ex-Fla. Rep Fights To Cut Tax Charges From Lobbying Case
A former Florida congressman on Thursday asked a federal judge in Miami to sever tax evasion charges from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company.
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October 02, 2025
Dentons, Boies Schiller Escape $300M Fraud Suit
A New York federal judge has dismissed with prejudice a $300 million fraud and racketeering lawsuit brought against Dentons and Boies Schiller Flexner LLP, in which the BigLaw firms were accused of misleading a former client with respect to a deal, and later arbitration, involving Senegal's state-owned energy company.
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October 02, 2025
Mich. Judge Says State Must Face Edenville Dam Trial
A Michigan claims court judge has cleared the way for a January trial on Michigan's liability for the collapse of a privately owned dam that unleashed widespread flooding, denying the state's bid to end the litigation.
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October 02, 2025
Wind Co.'s Pre-Ch. 11 Uptier Deal Draws Suit From Creditors
The official committee of unsecured creditors in the Chapter 11 of wind turbine blade maker TPI Composites has brought an adversary action against the debtor in Texas bankruptcy court, alleging a prepetition uptier transaction made preferred equity holder Oaktree a secured creditor to the detriment of unsecured noteholders.
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October 02, 2025
Toshiba Seeks Trial Time Limits In $500M Hydro Plant Case
Toshiba Corp. urged a Michigan federal judge on Wednesday to set time limits for a trial over claims that one of its units botched a $500 million upgrade to a power plant owned by DTE Electric Co. and Consumers Energy, saying the complicated case is one that "cries out" for such constraints.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 02, 2025
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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October 02, 2025
Arnold & Porter Bolsters DC Team With Energy Policy Adviser
Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.
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October 02, 2025
11th Circ. Urged To Uphold Cut To $17M Easement Deduction
The U.S. Tax Court correctly slashed a partnership's $17 million tax deduction for donating a conservation easement, the government told the Eleventh Circuit, urging it to uphold a ruling that accused the group of trying to "fleece the public" by claiming the land was ripe for mining.
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October 02, 2025
Cravath, Kirkland Lead Berkshire's $9.7B OxyChem Buy
Warren Buffett's Berkshire Hathaway is set to acquire energy giant Occidental's chemical business, OxyChem, in a $9.7 billion all-cash megadeal built by Cravath Swaine & Moore LLP and Kirkland & Ellis LLP.
Expert Analysis
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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Decoding Arbitral Disputes: ICSID Enforcement In Australia
The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.