Legal Update for Energy Lawyers

This newsletter provides general information and is not intended to be comprehensive or to provide specific legal advice. Professional advice appropriate to a specific situation should always be sought.

Contents:

  1. Shell directors personally sued by ClietEarth over alleged mismanagement of climate risk
  2. Arbitration agreements in “subject to” contracts
  3. Commercial Court decision on arbitrator is biased
  4. Witness statements and hearsay – risks for parties and lawyers
  5. Russian petroleum product price cap implemented
  6. The government announced new Department of Energy Security and Net Zero
  7. UK government budget announcement concerning carbon capture and nuclear energy
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Preparing for Non-Compete Litigation: 2023 Update

Thomson Reuters Practical Law has released the 2023 update to “Preparing for Non-Compete Litigation,” co-authored by our colleague Peter A. Steinmeyer.

Following is an excerpt (see below to download the full version in PDF format):

Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can …

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South Korean eyes fines for corporate greenwashing

As regulators from the European Union to Australia ramp up measures against corporate greenwashing, South Korea has broken ground as the first country in Asia to seek to hand out fines for false environmental claims in advertising.

Under a draft law, a financial penalty of 3 million won ($2,270) will be handed out to companies by South Korea’s Ministry of Environment that are deemed to have misled the public about their environmental impacts and green credentials. The law falls under a series of proposed environmental reforms to be made this year.

Jihyeon Ha, head of legal at Seoul-based nonprofit Solutions

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Mintz continues Bay Street legal talent raid, hiring four lawyers from Torys, Dentons

A giant US law firm is continuing its raid of Bay Street corporate legal talent as it aims to establish a foothold in the capital markets, mergers and acquisitions, funds and employment and pension practices.

Boston-based Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC said in a release Tuesday that it had recruited four more lawyers to its new Toronto office, three weeks after announcing it was opening shop here. Mintz also revealed his goal is to have 20 lawyers in Toronto by the end of this month, 50 within the next 18 months and 75 within three years.

Three

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US Justice Clarence Thomas responds to unreported luxury travel | Courts News

United States Supreme Court Justice Clarence Thomas has responded to a report detailing his failure to disclose luxury trips provided by a Republican megadonor — a possible violation of the law.

In a statement to US media on Friday, Thomas said he had “always sought to comply with the disclosure guidelines”.

His response came a day after a report from the nonprofit news publication ProPublica, which detailed regular trips taken by the staunchly conservative justice on the private jet and 162-foot (50-metre) yacht of real estate scion Harlan Crow.

The report said that Thomas’s failure to report two decades of

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Baltimore attorney weighs in on what indictment means for Donald Trump

BALTIMORE – A Baltimore attorney weighed in on the indictment of former President Donald Trump, who is expected to surrender to authorities in New York on Tuesday.

A New York grand jury investigating the circumstances surrounding a “hush money” payment to adult film star Stormy Daniels in 2016, has voted to indict Trump, making him the first former president in US history to face criminal charges. The charge or charges have not yet been unsealed.

That payment was supposed to keep her quiet about the alleged affair between the two of them. Trump has denied any wrongdoing.

Trump is

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