Project Finance

  • April 11, 2024

    US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

    The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed. 

  • April 10, 2024

    Texas Panel Seeks Evidence In $1M Real Estate Quagmire

    A Texas appellate panel suggested Wednesday that both sides fighting about a soured real estate financing deal need to do more to make their cases, asking attorneys during oral arguments to point to evidence that either confirms or refutes the existence of a contract.

  • April 10, 2024

    Wash. Tribe Says $1M Fine Not Enough To Settle CWA Claims

    A Washington tribe is opposing a proposed consent decree that would settle Clean Water Act claims against a hydroelectric dam operator, arguing that a $1 million penalty is vastly too low for violations of the law when the damage continues.

  • April 10, 2024

    Spain To Face Claim Over Nixed Uranium Processing Plant

    Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.

  • April 10, 2024

    Spain Can't Nix €28 Million Renewables Award

    Spain lost its bid to annul a €28 million ($30 million) arbitral award issued to German energy giant RWE after an international committee rejected Madrid's argument that the tribunal exceeded its powers by opting not to apply European Union law, according to a now-public decision.

  • April 10, 2024

    FCC Urged To Wait For BEAD Fund Awards Before 5G Auction

    Small, independent cable providers want the Federal Communications Commission to hold off on a rural 5G development auction until the U.S. Department of Commerce completes its massive award of high-speed internet build-out funds.

  • April 10, 2024

    Rural Project Winners Say 'Harsh' Realities Justify Amnesty

    Internet service providers that faced skyrocketing costs as they sought to complete federally backed broadband projects are again calling for limited relief from Federal Communications Commission penalties and a shot at future funding.

  • April 10, 2024

    Class Attys Seek Big Payday For $100M Pattern Energy Deal

    Class attorneys are urging the Delaware Chancery Court to approve a $100 million settlement to end state and federal court litigation over Pattern Energy Group Inc.'s $6.1 billion go-private sale in 2020 and award them $26 million in fees for a deal they say is the largest of its kind in the Chancery's history.

  • April 09, 2024

    Crypto Booster Says $1B SEC Fraud Suit Offends Free Speech

    The crypto founder known as Richard Heart told a federal judge in Brooklyn on Tuesday that the U.S. Securities and Exchange Commission violated his and others' free speech rights when it brought a case accusing him of selling $1 billion worth of unregistered digital asset securities across his projects and misappropriating customer assets.

  • April 09, 2024

    Ex-Ohio Utility Chair Dies As Criminal Charges Mount

    The onetime chair of Ohio's utility regulator, who was accused of stealing money from FirstEnergy Corp. as part of a bribery scheme behind a controversial $1.3 billion bailout for two nuclear energy plants, died Tuesday in an apparent suicide, the Franklin County Coroner's Office confirmed.

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    Nikola Investors' SPAC Fraud Suit Moves Ahead

    Board directors of electric truck maker Nikola Corp. and the blank-check company that took it public for $3.3 billion in 2020 must face shareholders' derivative claims of insider trading, securities fraud and merger-related breaches after Delaware's Court of Chancery on Tuesday denied more than half of the defense's motions to dismiss.

  • April 09, 2024

    FCC Decision On Subsidy Fund Likely Tough To Unravel

    Public advocates are scrambling to reverse a Federal Communications Commission decision sparing broadband providers from helping pay for telecommunications subsidies even after the commission resurrects net neutrality rules that classify them as telecom providers.

  • April 08, 2024

    7th Circ. Won't Demolish Obama Center Approval

    Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.

  • April 08, 2024

    Mich. Regulators' Fraud Fears Are 'Nonsense,' Developer Says

    A real estate developer has told Michigan's high court that the state is raising unfounded concerns that Michigan will become a haven for fraudsters if the top court does not adopt a federal judicially created test to determine when an investment is a security, telling the justices Michigan's own securities law is controlling.

  • April 08, 2024

    Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row

    Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.

  • April 08, 2024

    Simpson Thacher Adds Milbank Energy Atty In LA

    Simpson Thacher & Bartlett LLP is expanding its West Coast team, announcing Monday it is bringing in a Milbank LLP energy expert as a partner in its Los Angeles office.

  • April 05, 2024

    DC Circ. Says Gov't Changing Its Defense In Chinese Visa Row

    A D.C. Circuit judge said Friday the federal government seemed to be changing its tune late in its defense of a district court judge's dismissal of a suit filed by three Chinese investors who'd tried to move ahead in the queue for EB-5 visas reserved for investors in infrastructure projects.

  • April 05, 2024

    Baltimore Bridge: Biden's Visit, Recovery, Supply Chain

    Nearly two weeks after the Francis Scott Key Bridge's collapse, government and legal maneuvers are taking shape as the Biden administration pledged to fully reopen the Port of Baltimore before June, while the owner and operator of the ship that caused the collapse sought to limit its financial liability.

  • April 05, 2024

    Top 3 Groups Lobbying The FCC

    The Federal Communications Commission heard from policy advocates more than 200 times in March, as the agency fielded concerns on net neutrality rules, bulk billing for internet service, broadband deployment, school connectivity and more.

  • April 05, 2024

    Miner Faces Mounting Financial Woes After Failed Arbitration

    Nearly a month after losing its $4.4 billion arbitration against Romania over a blocked gold and silver mining project, Canadian mining company Gabriel Resources said Thursday that it's facing a major cash crunch as it continues to weigh its options to try to revive its claims.

  • April 05, 2024

    Nixon Peabody Adds 2 Attys From Hinckley Allen In Boston

    A pair of attorneys have jumped to Nixon Peabody LLP in Boston after spending more than a decade working at Hinckley Allen & Snyder LLP.

  • April 05, 2024

    Ex-Cognizant Execs' Trial Moved Over Atty Schedule Woes

    A New Jersey federal judge has agreed to reschedule the trial of two former Cognizant Technology Solutions executives accused of authorizing a bribe to an Indian official, answering the call by a Gibbons PC counsel who has another high-profile white-collar trial on his schedule the same day his Cognizant case client was also set to go before a jury.

  • April 05, 2024

    5th Circ. Won't Touch Texas Oil Export Terminal License

    The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.

  • April 04, 2024

    NY Congestion Pricing Judge Pleads For Predictability

    New Jersey state and local governments fighting New York's congestion toll-pricing vision urged a federal judge on Thursday to order environmental justification for the plan, while the judge in turn implored all parties to rely more heavily on precedent and the law.

Expert Analysis

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Ex-OpenSea Staffer Case May Clarify When Info Is Property

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    In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

  • What R&W Insurance Access Means For Small-Cap M&A

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    As a slowdown in mergers and acquisitions has increased insurer appetite for underwriting small-cap transactions, buyers of small and midsize enterprises stand to benefit from easier access to representations and warranties insurance, which can add protection and reassurance for all parties involved in a deal, say Caroline Thee and Ewelina Mikocewicz at Taft Stettinius.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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