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January 15 roundup

Should an assault that does not injure its target count as non-violent? New York’s version of bail reform encounters strong pushback amid rash of street attacks [Israel Salas-Rodriguez, Khristina...

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The downfall of #ExxonKnew

It was a hashtag prosecution, a social media campaign posing as a legal case: #ExxonKnew. And like yesterday’s media balloon become today’s litter, its deflated remains floated back down to earth last...

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Exxon beats the New York rap

“If a state like New York can bend and twist legal concepts like that of securities fraud to carry on an essentially political vendetta against a corporate enemy, how safe are other businesses?” My new...

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Climate change roundup

I was part of an informative panel discussion of “Climate Change Litigation and Public Nuisance Lawsuits” organized by the Rule of Law Defense Fund [watch here] Podcast and transcript of an October...

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Banking and finance roundup

Gov. Jerry Brown signs into law California bill imposing minimum quota for women on corporate boards: “it’s very hard to see how this law could be upheld” [Emily Gold Waldman, PrawfsBlawg, earlier,...

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Environment roundup

So many private actors, from Michael Bloomberg on down, helped steer New York AG office to sue Exxon [John Solomon, The Hill; Tom Stebbins, Crain’s New York Business; Francis Menton, RealClearEnergy;...

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January 15 roundup

Should an assault that does not injure its target count as non-violent? New York’s version of bail reform encounters strong pushback amid rash of street attacks [Israel Salas-Rodriguez, Khristina...

View Article

The downfall of #ExxonKnew

It was a hashtag prosecution, a social media campaign posing as a legal case: #ExxonKnew. And like yesterday’s media balloon become today’s litter, its deflated remains floated back down to earth last...

View Article


Exxon beats the New York rap

“If a state like New York can bend and twist legal concepts like that of securities fraud to carry on an essentially political vendetta against a corporate enemy, how safe are other businesses?” My new...

View Article


Climate change roundup

I was part of an informative panel discussion of “Climate Change Litigation and Public Nuisance Lawsuits” organized by the Rule of Law Defense Fund [watch here] Podcast and transcript of an October...

View Article

Banking and finance roundup

Gov. Jerry Brown signs into law California bill imposing minimum quota for women on corporate boards: “it’s very hard to see how this law could be upheld” [Emily Gold Waldman, PrawfsBlawg, earlier]...

View Article

Environment roundup

So many private actors, from Michael Bloomberg on down, helped steer New York AG office to sue Exxon [John Solomon, The Hill; Tom Stebbins, Crain’s New York Business; Francis Menton, RealClearEnergy;...

View Article

Climate change suit roundup

Biggest recruit yet for climate recoupment suits: NYC Mayor Bill De Blasio sues blaming five oil companies for Superstorm Sandy [Seth Barron/City Journal, John Timmer/ArsTechnica, WSJ; Stephen...

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John Baker on the AGs’ Exxon campaign

“Warning to Corporate Counsel: If State AGs Can Do This to ExxonMobil, How Safe Is Your Company?” Prof. John Baker in the Georgetown Journal of Law and Public Policy, excerpt: Nation-states have long...

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Environment roundup

“Rockefeller Foundations Enlist Journalism in ‘Moral’ Crusade Against ExxonMobil” [Ken Silverstein] Massachusetts was using courts to investigate heretics back before the oil industry was even whale...

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“Oil as the new tobacco”— and what that might mean

Promoters of the “Exxon Knew” climate denial subpoena campaign have made a point of saying they intend to repeat the playbook of the 1990s multi-state and federal tobacco litigation, this time with the...

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Peggy Little on the climate advocacy subpoenas

At the Federalist Society blog, Margaret (Peggy) Little, practicing attorney and director of The Federalist Society’s Pro Bono Center, has published a summary and analysis (parts one, two) of the...

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Climate advocacy subpoenas, III

“…the open, naked promise to use prosecutorial powers as a political weapon is a prima facie abuse of office. In a self-respecting society, every one of those state attorneys general would have been...

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More on the CEI subpoena

As we noted on Friday, New York Attorney General Eric Schneiderman, more recently joined by several other state attorneys general, has pursued an investigation of the ExxonMobil corporation and its...

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CEI subpoenaed over climate wrongthink

The campaign to attach legal consequences to supposed “climate denial” has now crossed a fateful line: The Competitive Enterprise Institute (CEI) today denounced a subpoena from Attorney General Claude...

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