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Extension of DOL Fiduciary Rule is Official and some Guidelines for Documenting Rollovers

The Energy Law

If the client does not have these documents available, then the adviser may rely on publically available information such as the plan’s Form 5500 filings and Morningstar, SEC or similar reports. The adviser can also use reliable benchmarks for typical fees and expenses for plans of the same type and size.

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E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to Govern Its Own E-Discovery Protocols

The Energy Law

The Third Circuit’s opinion in this case is the culmination of a year-and-a-half-long discovery dispute. The trial court granted Plaintiffs’ Motion to Compel in September 2022, ordering the Defendant to produce various categories of documents from the fourth set of discovery requests. 6/28/23), –So.

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Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit

The Energy Law

In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.

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Ethical Obligations in Technology Assisted Review

The Energy Law

If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results. Competence includes at least a basic understanding of TAR in order to evaluate the appropriate document review method for each case and implement a protocol for electronically stored information.

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Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable

The Energy Law

That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018. The cases were removed to Federal court by Defendants pursuant to 28 U.S.C. Riverwood Production Co., 1442 (the federal officer removal statute) and 28 U.S.C.

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Ethical Obligations in Technology Assisted Review

The Energy Law

If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results. Competence includes at least a basic understanding of TAR in order to evaluate the appropriate document review method for each case and implement a protocol for electronically stored information.

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United States Supreme Court Issues First Decision in Climate Litigation

The Energy Law

. § 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction.

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