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News & Analysis as of

Important Insurance Coverage Cases On the Horizon

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California the Hartford Insurance Company has been dominating the...more

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

Oil Regulation 2014 - United States

The US oil industry is divided into three sectors: upstream (exploration and production), midstream (processing, storage and transportation) and downstream (refining, distribution and marketing). Industry participants...more

One Step Closer… Fifth Circuit Affirms BP Loss on CWA Liability Regarding Gulf Spill

The Deepwater Horizon spill in the Gulf of Mexico occurred over four years ago, accompanied by numerous stories trumpeting the fact that BP would likely pay as much as $25 billion to the United States in civil penalties...more

California Environmental Law and Policy Update - June 2014

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

Damage Models Create Individualized Issues For Pre-Explosion Subclass Of BP Shareholders, But Present No Impediment For...

The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused...more

FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule

In an order issued on May 15, 2014 that takes a broad view of its jurisdiction over conduct that allegedly violates the Natural Gas Act’s (NGA) prohibition against market manipulation, the Federal Energy Regulatory Commission...more

Social Media Roundup: The Top 5 Buzzing Issues

Here is a look at some of the hottest topics lawyers and others in the legal industry have been abuzz about: 1. BP’s change of heart over its settlement for the 2010 Deepwater Horizon oil spill disaster - In...more

Alaska Passes North Slope Pipeline Liquefied Natural Gas Bill

On Monday, Alaska’s legislature approved Senator Sean Parnell’s plan to join four energy companies in moving ahead on plans to build infrastructure to transport and market 35 trillion cubic feet of North Slope gas to be...more

This Week In Securities Litigation (Week ending April 25, 2014)

Insider trading and fraudulent investment schemes were the focus of SEC enforcement this week. The Commission filed insider trading actions tied to the massive BP oil spill, clinical trials for a drug and the expert network...more

SEC Settles Insider Trading Case Tied to BP Oil Spill

The SEC filed a settled insider trading action against an employee of BP p.l.c. tied to the Deepwater Horizon oil spill in 2010. Specifically, the Commission claims that Keith Seilhan had material non-public information...more

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (With Our Runner-Up Overturned)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too. Really big. As in multi-, multi-million dollar verdicts. And the trend is up with more than half of the top ten verdicts coming out in...more

BP Oil Spill Update

On April 18, 2012, BP Exploration and Production Inc. and BP America Production Company (collectively “BP”) entered into an economic and property damages class action settlement with the Plaintiffs’ Steering Committee in the...more

BP Loses Bid to Cancel Oil-Spill Settlement Agreement

The Fifth Circuit Court of Appeals has recently struck down BP’s request to cancel the settlement agreement it had arranged with the Plaintiff’s Setting Committee (PSC) in March 2012. BP’s effort to get this agreement, which...more

A Favored-Nations Clause Gone Awry

Oh, how a simple Favored-Nations clause in an oil and gas lease can get complicated, with large financial consequences! In BP America Production Company v. Zaffirini, BP paid Solis a $1,300 per acre bonus for a lease covering...more

BP International Limited v Neste Oil Oyj [2013] APO 46

In August this year, Australian patent application 2003258753 (“the application”) directed to diesel fuel compositions was successfully opposed on the ground that the application did not disclose the best method of performing...more

Judge Barbier Responds To Court Of Appeals In Deepwater Horizon Litigation

On October 2, 2013, BP won a reprieve in its ongoing effort to tighten standards and slow claims payments by Claims Administrator Patrick Juneau. BP had asked the court to direct Mr. Juneau to halt payments that did meet...more

Judge Barbier Orders Response to BP’s Allegations of Fraudulent Oil Spill Claims

On August 5 BP requested that Judge Barbier order a temporary stop to payouts in settlement claims under the court supervised settlement. BP presented evidence of conflicts of interest for some lawyers working to administer...more

The Lone Ranger Rides Again – The Fifth Circuit’s Withdrawal of its Ranger Opinion and Certification to the Texas Supreme Court

The U.S. Court of Appeals for the Fifth Circuit has responded to the request for rehearing in Ranger Insurance, Ltd. v. BP P.L.C., 710 F.3d 388 (5th Cir. Mar. 1, 2013) by withdrawing its March 1, 2013 opinion (reversing the...more

Hold On To Your Insurance … Federal Court Certifies Deepwater Horizon Questions To Texas Supreme Court

BP’s woes from the Deepwater Horizon disaster in the Gulf continue. The federal Fifth Circuit in In re: Deepwater Horizon, withdrew an opinion of a three-judge panel and certified questions for consideration by the Supreme...more

New Developments Involving the Deepwater Horizon Incident

The U.S. Court of Appeals for the Fifth Circuit reversed course on August 29th and withdrew its earlier opinion in a dispute involving Transocean Deepwater Drilling, Inc., Ranger Insurance, Limited, and BP, P.L.C., among...more

Juneau claims that BP Settlement Payouts are Adequately Reviewed & Supervised

Patrick Juneau, the Deepwater Horizon Settlement Claims Administrator, responded to a motion filed by BP with the Eastern District of Louisiana claiming that the claims administration was subject to fraud, kickbacks and...more

FERC’s BP America Manipulation Show Cause And Proposed $28 Million Penalty Highlights The Interrelationship Between CFTC And FERC...

The Federal Energy Regulatory Commission’s (FERC) August 5, 2013, $28 million show cause order against BP America Inc. and other BP affiliates highlights the interrelationship between the Commodity Futures Trading Commission...more

5 Tips For Crafting An Airtight Settlement

David McMahon was quoted in an Aug. 8, 2013, in a Law360 article, 5 Tips For Crafting An Airtight Settlement, (subscription required) about the petroleum company BP's court fight over settlement payments connected to the...more

FERC Accuses BP of Market Manipulation

On August 5, 2013, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty, directing BP America Inc., BP Corporation North America Inc., BP America Production Company, and...more

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