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Energy
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November 10, 2025
PwC Not Liable For Bloom Energy Statements, 9th Circ. Rules
The Ninth Circuit on Monday affirmed the dismissal of claims that investors in Bloom Energy Corp. filed against PriceWaterhouseCoopers, saying that as the renewable energy company's outside accountant, PwC couldn't be held strictly liable for financial statements simply because it certified them.
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November 10, 2025
​​​​​​​Ex-CFO Says Steel Co. Broke Severance Deal After Sale
The former chief financial officer of a Pittsburgh-area steel company told a Pennsylvania state court he was promised severance pay when he was terminated as part of the company's sale, but has yet to get any of the $112,500 he signed up for.
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November 10, 2025
Utah Enviro Agency Objects To US Magnesium Transaction
Utah's environmental regulatory agency has asked a Delaware bankruptcy judge to reject US Magnesium's asset sale agreement, saying a buyer should be bound by the same responsibilities as the debtor.
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November 10, 2025
Sunnova Ch. 11 Wind-Down Approved Over Release Objection
The Chapter 11 liquidation plan of solar panel company Sunnova Energy International received bankruptcy court approval Monday in Texas after a judge overruled objections to third-party releases raised by the U.S. Trustee's Office.
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November 10, 2025
Holtec Defends Suit Over Alleged Scheme Involving Ex-GC
Energy technology company Holtec International urged a New Jersey state court to reject motions to dismiss a lawsuit accusing its former general counsel and others of taking part in an embezzlement scheme, calling their efforts "misguided attempts" to attack its complaint.
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November 10, 2025
Insurer Says $4M Excess Policy Excludes Oil Tanker Collision
An excess insurer for a fuel and chemical transportation company told a Utah federal court it should owe no coverage for an oil tanker collision and resultant crude oil cleanup costs, pointing to what is known as a total pollution exclusion.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 10, 2025
Justices Won't Hear Ex-Energy Exec's Insider Trading Appeal
The U.S. Supreme Court declined Monday to consider arguments from a former executive of a Texas energy company that his insider-trading and fraud convictions were based on unconstitutionally vague statutes and violate the separation-of-powers doctrine.
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November 10, 2025
Justices Refuse To Review FERC Revocation Of Grid Perk
The U.S. Supreme Court on Monday refused to review a Sixth Circuit ruling that backed the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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November 07, 2025
Eaton Should Have Weighed Borrowing In Europe, Judge Says
When it acquired Ireland-based Cooper Industries in 2012, Eaton Corp. should have considered the costs of borrowing in Europe to finance the transaction, Tax Court Judge Albert Lauber said Friday in questioning a former Eaton official.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
NY, NJ Approve Pipeline Project In CWA Permitting About-Face
New York and New Jersey environmental regulators on Friday issued Clean Water Act permits for a controversial Williams Cos. pipeline upgrade project, five years after they denied the permits over pollution concerns.
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November 07, 2025
Insurer Escapes Gas Station Row Over Shooting By Employee
A gas company's insurer owed no coverage for a suit brought by a customer who was attacked and shot by an employee, an Indiana federal court ruled, saying the suit was not an occurrence under the policy.
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November 07, 2025
New Govs. Will Keep Heat On Grid Operator Over Power Costs
The nation's largest regional grid operator, which has come under fire for limiting state involvement in its policymaking, will continue to face pressure following the election victories of New Jersey and Virginia governors who campaigned on lowering utility bills.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
BNP Wants Plaintiffs Attys At Sudan Suit Misconduct Hearing
BNP Paribas has asked a New York federal judge to compel several plaintiffs' lawyers, including the eponymous founder of Hausfeld LLP, to testify at an upcoming hearing on withdrawn allegations of misconduct by their co-counsel, following a $20 million jury verdict against BNP in a suit brought by refugees accusing the bank of helping finance atrocities in Sudan.
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November 07, 2025
Entergy Promotes Deputy GC To Replace Retiring Top Atty
New Orleans-based energy company Entergy Corp. has begun making preparations following the announcement that its top in-house attorney will depart in the spring, elevating its current deputy general counsel to the position.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 07, 2025
Solar Co. Pine Gate Hits Ch. 11 With $1B+ Debt, Sale Plan
Solar energy developer Pine Gate Renewables has filed for Chapter 11 protection in a Texas bankruptcy court with more than $1 billion in debt and a plan to sell its business during the case.
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November 06, 2025
Mining Co. Can't DQ Arbitrator In $400M Panama Claim
Members of an international tribunal adjudicating a $400 million claim against Panama asserted by Orla Mining Ltd. have rejected the mining company's bid to disqualify tribunal president Yves Derains due to his professional ties with part of the legal team representing Panama.
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November 06, 2025
6th Circ. Won't Rethink FirstEnergy Bribe Probe Docs Ruling
The Sixth Circuit said Thursday it would not reconsider a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, and clarified that the decision also applies to depositions taken in the proposed class action.
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November 06, 2025
Fossil Fuel Industry Wants Broader Suing Powers In USMCA
Oil and gas industry groups have asked the Office of the U.S. Trade Representative to broaden the ability of foreign investors to sue governments in the U.S.-Mexico-Canada Agreement during an upcoming joint review.
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November 06, 2025
Tribes, Activists Slam Plan To End Park Drilling Protections
Tribal and environmental groups are decrying a Trump administration decision to begin revoking a 20-year ban on future oil and gas drilling within 10 miles of New Mexico's Chaco Culture National Historical Park, saying the mining activity will have a devastating impact on the land's health.
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November 06, 2025
SD Tribe Says Time Is Right To Fight Dakota Access Pipeline
The Standing Rock Sioux Tribe is asking the D.C. Circuit to reverse a lower court's order dismissing its challenge that looked to shut down the Dakota Access Pipeline, telling the court it is presenting a live, justiciable controversy regarding the federal government's failure to fulfill mandatory statutory obligations.
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November 06, 2025
Troutman Adds Transactions Pro From Kirkland In NY
Troutman Pepper Locke LLP has expanded its energy transactional practice group in New York with a private equity and mergers and acquisitions attorney from Kirkland & Ellis LLP, the firm said Thursday.
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.