Energy

Expert Analysis

• International Cartel Stats: A Look At The Last 26 Years

  

  John M. Connor, professor emeritus at Purdue University and senior fellow of the American Antitrust Institute, compiled information on 1,336 private international cartels investigated since 1990. In this article, he presents aggregate statistics on numbers, affected sales, damages, corporate penalties, individual fines and incarceration, and highlights broad geographic differences.

• Extracting Opportunities From Texas Supreme Court 'Win'

  

  The Texas Supreme Court’s recent holding in Southwest Royalties v. Hegar found that certain oil and gas extraction equipment does not qualify for the Texas sales tax manufacturing exemption. However, this decision is not the whole story. What's been less publicized is that the state lost important ground in its ongoing battle over the scope of the manufacturing exemption, say attorneys at Baker Botts LLP.

• The Evolution Of EPA's Source Determination Rule

  

  Although inconsistent source determinations will continue, it appears the three factors the U.S. Environmental Protection Agency uses to define "adjacent" for sites under common control in its new source determination rule will bring long-awaited clarity in onshore oil and gas source aggregation decisions, say Charles Wehland and Jennifer Hayes at Jones Day.

• Writing Arbitration Clauses To Get The Arbitration You Want

  

  Agreeing to arbitration clauses can be complicated because you may risk locking in a factually incorrect judgment. Merril Hirsh and Nicholas Schuchert of Troutman Sanders LLP explain the mechanics of the Federal Arbitration Act and how to ensure you find the right arbitration laws for your case.

• Rising Pressure For Renewable Fuel Credit Market Inquiries

  

  The Renewable Fuels Association’s call for an investigation of the renewable identification number markets raises the potential that the U.S. Environmental Protection Agency and the U.S. Commodity Futures Trading Commission will take real steps to explore the recent volatility in RIN prices, which could lead to requests for information from market participants and even enforcement actions, say attorneys at Sutherland Asbill & Brennan LLP.

• A Review Of Key Criminal Cases Against Execs In Q2

  

  In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant criminal cases and government investigations that affected corporate executives in the second quarter of 2016.

• Unwanted Baggage: Some Lessons On Successor Liability

  

  If you buy the assets of a company, have you also acquired the liabilities for infringement associated with those assets? Sandra Edelman and Kaleb McNeely of Dorsey & Whitney LLP offer takeaways from a New York federal court decision addressing this issue in Energy Intelligence Group v. Cowen.

• 9 Tips For Becoming A Legal Pundit In The Media

  

  Have you ever been reading your morning paper or watching the nightly news, and found yourself wondering, “How did that lawyer get on TV? I could do that.” If you’ve decided you want to start putting yourself or your law firm in the public light but feel at a loss about how to start, there are several steps you can take to get noticed, says Annie Scranton at Pace Public Relations.

• 5th Circ. Haze Ruling May Cloud Clean Air Act Litigation

  

  The Fifth Circuit, in State of Texas v. U.S. Environmental Protection Agency, recently issued an important decision on venue and jurisdiction in challenges to EPA rules promulgated under the Clean Air Act. However, the issues addressed in the court’s ruling potentially have ramifications beyond this litigation and could also affect other suits under different provisions of the CAA, say attorneys at Jackson Walker LLP.

• Law Firm Employees Can Better Defend Against Cyberthreats

  

  In a recent survey of 150 legal firms, it was revealed that “careless employees” was the No. 1 cybersecurity concern for firms by a wide margin. Law firms are smart to be worried about the risks their employees — from the interns to the partners — can pose, usually unintentionally, says Tom DeSot, chief information officer of Digital Defense Inc.