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Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...more

DISPUTE RESOLUTION: International Arbitration: Chevron Tribunal Declares Ecuador in Breach of Interim Awards

On February 7, 2013, an investment arbitration tribunal issued its third interim measures award in the Chevron vs. Ecuador case. The tribunal found Ecuador in breach of its previous award ordering Ecuador to take all measures...more

Insight: Asset Finance - March 2013: High Hopes for Regulating International Aviation Emissions

“Application of the [EU] emissions trading scheme to aviation infringes neither the principles of customary international law at issue nor the Open Skies Agreement”. This was the judgment of the European Court of...more

Hot Topics in Mining Litigation

Recent Canadian and international trends point to signs of an increasingly litigious mining industry and an increased risk of liability exposure for mining companies, officers and directors. Over the last several months,...more

PPL Corp. v. Commissioner of Internal Revenue

Brief For Southeastern Legal Foundation, Chamber of Commerce of the United States of America, CATO Institute, et al, As Amici...

PPL, an American energy company, bought one of many state-owned British utilities privatized in the 1980s. In 1997, PPL became subject to the U.K.’s new “windfall tax,” which was based in part on “profit-making value”— the...more

Supreme Court Refuses to Hear Chevron's Appeal re $18 Billion Ecuador Contamination Case

On Tuesday, the U.S. Supreme Court denied Chevron's petition for certiorari from a decision of the Second Circuit Court of Appeals. Chevron had asked the federal courts for an injunction barring the enforcement of a $18...more

REGULATORY: EU Competition Law: Greek Public Power Company Wins EU Court Challenge

The EU General Court has decided in favour of the Greek state-owned power company Public Power Corporation (PPC) against a European Commission decision sanctioning the utility’s continued virtual monopoly rights over lignite...more

DISPUTE RESOLUTION: International Arbitration: Second Circuit Clarifies Scope of Post-Award Judicial Review of Arbitrability

The U.S. Court of Appeals for the Second Circuit recently issued its decision in Schneider v. Kingdom of Thailand, a case in which the Court was asked to clarify the scope of the so-called “competence-competence” doctrine --...more

Energy Newsletter - October 2012

In This Issue: - DISPUTE RESOLUTION: International Arbitration: Extra Heavy Crude Oil: An Increased Potential for International Disputes by Louis-Alexis Bret - International Arbitration: Second Circuit Clarifies...more

REGULATORY: EU Competition Law: EU General Court Slashes E.ON and GDF Antitrust Fines By Suzanne Rab

The European Commission (Commission) fined E.ON and GDF Suez over EUR 1 billion for an alleged market sharing agreement dating back to the 1970s. On 29 June 2012, the EU’s second-highest court, the General Court, gave...more

DISPUTE RESOLUTION: Securities Litigation: Securities Litigation and the Energy Sector by Paul R. Bessette, Michael J. Biles and...

Throughout the past ten years securities litigation has made front-page news in the energy sector. Federal securities class action filings against energy companies specifically have increased in the past three years. While...more

REGULATORY: EU Competition Law: EU Internal Energy Market Legislation Not Fully in Force By Suzanne Rab

The Electricity and Gas Directives of the EU’s Third Energy Package were required to be implemented in EU national legislation by March 3, 2011 (with a year’s grace period until March 3, 2012 for unbundling rules). In our...more

U.S. Government Intervenes In Action Alleging Evasion Of Import Duties by Rebecca Woodings

The U.S. Department of Justice intervened in a lawsuit alleging falsification of country-of-origin documents to U.S. Customs and Border Protection. At issue is whether a Japanese company, Toyo Ink International Corp., two...more

Energy Newletter - March 2012

In This Issue: TRANSACTIONAL Transactions The Top 10 Issues Facing the LNG Industry in 2012 Philip Weems, Matt Salo With numerous technological, commercial, and geopolitical factors...more

No, Virginia, There Is No Greenhouse-Gas Clause

In This Issue: - Recent Decision – U.S. District Court Limits Coverage Available Under Employment Practices Liability Policy - Eleventh Circuit Upholds Trial Court Ruling that D&O Policy Does Not Cover Costs of...more