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Project Finance
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August 15, 2024
Treasury's Sanctions Unit Slaps Penalties On Houthi Network
An office of the U.S. Treasury said it has sanctioned a group of companies, people and vessels for shipping Iranian commodities to Yemen and the United Arab Emirates on behalf of their network led by an Iran-based financier viewed as a leading enabler of Yemen's Houthi rebels.
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August 15, 2024
Judge Rejects GE's Bid To Pull Plug On Contamination Suit
A Louisiana federal judge on Wednesday refused to let General Electric escape a lawsuit alleging it is liable for widespread environmental contamination caused by a now-closed pressure valve manufacturing facility that GE used to own.
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August 15, 2024
Judge 'Dumbfounded' By Software Co.'s Bids To Undo Verdict
A Colorado federal judge said Thursday she was "dumbfounded" by a software company's decision to renew requests to set aside a jury verdict or amend a $19.8 million judgment against it, asking an attorney for the company to offer an explanation for the move.
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August 15, 2024
A&O Shearman Promotes 3 Attys As Latin America Co-Heads
Three Allen Overy Shearman Sterling partners have been elevated as co-heads of the firm's Latin America practice, the firm has announced.
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August 14, 2024
Treasury Says $82M Will Boost Tribal Small Business Growth
An investment by the U.S. Treasury in a consortium of Alaskan tribes is expected to infuse as much as $830 million in additional private sector investments throughout the state and in Indigenous-owned companies as part of the most expansive backing of small-business financing for tribal governments in history.
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August 14, 2024
House Republican Files Bill To Fix 'Rip And Replace' Shortfall
A Texas Republican has introduced U.S. House legislation to fill the shortfall in the "rip and replace" program to reimburse telecoms for ridding their networks of Chinese-made components, to the tune of $3.08 billion.
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August 14, 2024
Judge Blocks Missouri's Anti-ESG Rules, Handing SIFMA Win
A Missouri federal judge found Wednesday that the state's anti-ESG rules for brokers and advisers violate the First Amendment and are preempted by federal laws, handing the Securities Industry and Financial Markets Association an early win in its suit against state officials.
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August 13, 2024
Anadarko Settles Wyo. Landowners' Antitrust Case For $12M
Occidental Petroleum Corp. unit Anadarko Petroleum Corp. will pay $12 million to resolve a federal class action from Wyoming landowners accusing the extraction company of anticompetitively hoarding permits to block and control local oil and gas development, resolving the suit Monday — very nearly on the courthouse steps.
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August 13, 2024
Telecoms Fret Over FCC's Pole Attachment Deadlines
Negotiating big pole attachment orders can take longer than the Federal Communications Commission might sometimes like, a telecom industry trade group says, warning the agency that a regulation requiring the first of 3,000 such attachments to be ready in 45 days isn't realistic.
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August 13, 2024
Insurer Owes $18M For Lost Wind Farm Deals, Suit Says
Belgium-based insurer QBE Europe SA/NV should be held liable for more than $18 million in losses suffered by former partners in a now-scuttled joint venture with a Danish company to build vessels for the wind farm industry, as it failed to make a good faith effort to resolve the dispute, a lawsuit filed Monday in Massachusetts federal court contends.
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August 12, 2024
The Biggest Telecom Developments Of 2024: Midyear Report
The first half of 2024 saw sweeping change in the telecom sphere as the Federal Communications Commission's Democratic majority pushed through controversial net neutrality rules and confronted challenges on artificial intelligence, national security and more, but also faces the prospect of new headwinds as the nation's top court pared back powers of federal agencies.
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August 12, 2024
Ease Letter Of Credit Rules For Tribal Broadband, FCC Urged
Tribal telecom carriers have called on the Federal Communications Commission to ease or eliminate bank credit restrictions for tribes bidding on federally funded broadband deployment projects, pointing to unique challenges they face in securing the required letters of credit.
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August 12, 2024
Markel Says No Coverage For Film-Financing Scheme Claims
A Markel unit said it has no duty to defend or indemnify a wealth manager or his companies against underlying claims that they misled investors into financing various film projects, telling an Illinois federal court that their policy bars coverage for claims arising out of the sale of securities.
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August 12, 2024
Construction Co. Says Tribe Can't Escape $1.9M Wage Suit
A New York construction company is fighting a bid by an entity created by the Mashpee Wampanoag Tribe to dismiss a $1.9 million wage dispute for work done on an $11.75 million Cape Cod, Massachusetts, housing project, arguing that sovereign immunity can't protect it from the litigation.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 09, 2024
Transco Can't Get Full 3rd Circ. Review Of Pa. Permit Fight
The Third Circuit has rebuffed Transcontinental Gas Pipe Line Co.'s bid for en banc review of a district court's decision backing a Pennsylvania state environmental board's authority to review pipeline upgrade permits.
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August 09, 2024
Ex-Mozambique Finance Minister Convicted For $2B Scheme
Mozambique's former finance minister was convicted of wire fraud and money laundering conspiracy charges in connection with his role in the $2 billion "tuna bonds" scandal, prosecutors announced.
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August 09, 2024
Rural Broadband Cos. Worry FCC Deadlines Are Too Tight
The Federal Communications Commission should seriously consider pushing back deadlines for certain federally funded rural broadband projects so that they mesh with those of the Broadband Equity, Access and Deployment program, a group of broadband service providers have told the agency.
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August 09, 2024
Congress Pushed To Revamp FCC Programs After Court Loss
Free market advocates want lawmakers to overhaul the Federal Communications Commission's array of telecom subsidies to turn them into a much smaller, "voucher-like" program after the Fifth Circuit found the existing system unconstitutional.
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August 08, 2024
FCC Told To Drop Weiss For Broadband Funding Bank Ratings
More voices are lending themselves to the chorus calling on the Federal Communications Commission to look beyond Weiss Ratings' bank grading system when setting the standard for letters of credit that companies can use to back federally funded broadband networks.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
Olympic Museum Scores Partial Win In $2M COVID Relief Suit
A D.C. federal judge handed the U.S. Olympic and Paralympic Museum a victory over the Small Business Administration on Wednesday, ruling the agency unfairly denied its application for a $2 million pandemic relief grant.
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August 08, 2024
Ghana Must Pay $111M In Power Plant Fight, Court Rules
A D.C. federal judge has issued a default judgment against Ghana for more than $111 million left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.
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August 07, 2024
DOE Plans To Invest $30M In Tribal Energy, Colleges
The U.S. Department of Energy's Office of Indian Energy Policy and Programs plans to invest $30 million to support clean energy planning and transition Native American colleges and universities to carbon-free power sources.
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August 07, 2024
Pipe Co. Exec Says Criminal Antitrust Charges Unconstitutional
A former executive of an aluminum pipe company defending the Fourth Circuit's reversal of his bid-rigging conviction has told the U.S. Supreme Court to rule that all criminal antitrust prosecutions under Section 1 of the Sherman Act are unconstitutional, claiming they violate "fundamental constitutional principles" of nondelegation and objectivity.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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5th Circ. Bond Claim Ruling Shows Creditors Must Be Vigilant
In Raymond James & Associates v. Jalbert, the Fifth Circuit recently held that the bankruptcy debtor's indemnification obligations were discharged by the confirmed plan because the indemnified party failed to speak up, demonstrating that creditors must proactively protect their rights, says Joshua Lesser at Bradley Arant.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.