Project Finance

  • August 06, 2024

    DC Circ. Axes FERC Reauthorizations For Texas LNG Projects

    The D.C. Circuit on Tuesday vacated reauthorization orders that the Federal Energy Regulatory Commission issued for liquefied natural gas projects on the Texas Gulf Coast over environmental analysis deficiencies.

  • August 06, 2024

    Blank Rome Adds Closed Insurance Boutique's Managing Atty

    Blank Rome LLP has brought on an insurance partner from now-shuttered boutique Pasich LLP to join its insurance recovery group, the firm announced Monday. 

  • August 06, 2024

    Otterbourg's Lender Finance Co-Chair Joins Holland & Knight

    The latest finance attorney to join Holland & Knight LLP's ranks in 2024 is the former co-head of Otterbourg PC's lender finance practice, the firm has announced.

  • August 05, 2024

    GSA Makes First Tribal Carbon-Free Electricity Purchase

    A Seneca Nation holding company is the first tribal majority-owned business to be awarded a bid from the U.S. General Services Administration to sell carbon pollution-free electricity to the federal agency, a move that's been in the works since at least April.

  • August 05, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 180 times in July on issues ranging from rural broadband to Wi-Fi hot spots for schools and libraries, new payment rates for phone call captioning, spectrum for the electric grid, and more.

  • August 05, 2024

    GOP Bill Would Claw Back Broadband Funds For Local Areas

    When a company defaults on millions in Rural Digital Opportunity Fund money, those funds should go to the state to redistribute for broadband projects as it sees fit, according to a Republican senator who has introduced a bill that would do just that.

  • August 05, 2024

    Transportation Policies To Watch: Midyear 2024 Review

    Rail and aviation safety reforms following recent incidents, stricter vehicle emission standards guiding automakers' gradual pivot to electrification, and the integration of new automation and drone technology are some of the transportation industry's top regulatory priorities to watch in the second half of 2024.

  • August 02, 2024

    Panel Says Co. Forfeited $12.7M Claim Over Rail Project

    A Colorado Court of Appeals panel has found that a construction company overstated how much it was owed from a public project to build a new Denver rail line and can't seek any remedy for that $12.7 million claim, according to an opinion that applied provisions of a public works law for the first time.

  • August 02, 2024

    Shuttered Paper Mill Says NC Can't Claw Back $12M Incentive

    Food and beverage packaging company Pactiv Evergreen has said it shouldn't have to repay the state of North Carolina $12 million in economic incentives after it shut down a local mill, arguing the underlying agreement is contradictory and the state is purely out for punishment.

  • August 02, 2024

    Cognizant Bribery Trial Delayed Again — Until 2025

    Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.

  • August 01, 2024

    Cos., Military Housing Lender Seek Early Wins In Loans Suit

    Developers of military housing and a lender for such housing filed dueling summary judgment motions in New York federal court Wednesday, each seeking a quick win in a suit accusing the lender and others of defrauding the developers of hundreds of millions of dollars in project proceeds.

  • August 01, 2024

    Bill To Vet Cos. Seeking Broadband Aid Advances In Senate

    A U.S. Senate panel has moved legislation that would put tighter controls on approval of companies that apply for federal aid to assist with broadband network deployment.

  • August 01, 2024

    Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case

    Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.

  • July 31, 2024

    Bill To Revive FCC's Broadband Subsidy Clears Senate Panel

    A Democratic bill to restart the Federal Communications Commission's defunct broadband subsidy passed a Senate committee Wednesday after a debate over how to pay for FCC-related spending priorities, as well as agency authority to start new spectrum auctions.

  • July 30, 2024

    FTX Users Say Sullivan & Cromwell Must Face Abetting Claims

    FTX customers told a Florida federal judge on Tuesday that Sullivan & Cromwell LLP can't dismiss customer claims it aided and abetted the defunct cryptocurrency exchange's fraud as "speculative allegations" when the customers' complaint "paints a much more detailed and nefarious picture."

  • July 30, 2024

    Colo. Justices Step Into Boulder Climate Change Case

    The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.

  • July 30, 2024

    DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion

    The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.

  • July 30, 2024

    Feds, SEC Say Creator Of Crypto Co. BitClout Misled Investors

    Federal prosecutors and the U.S. Securities and Exchange Commission announced parallel actions Tuesday against the founder of crypto project BitClout for allegedly duping investors and spending millions of proceeds for his own benefit.

  • July 30, 2024

    Quinn Emanuel Must Prove Authority In $486M Award Fight

    A divided D.C. Circuit panel ruled Tuesday that a lower court should have determined whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent Doraleh Container Terminal SA before deciding whether to enforce a $486 million arbitral award issued against Djibouti.

  • July 29, 2024

    Pole Owners Must Pay Half Of Upgrades, Advocacy Org. Says

    School and library advocates are calling for the Federal Communications Commission to follow Canada's lead in mandating that utility pole owners cover half the cost of upgrades for broadband equipment, saying that because both pole owners and broadband equipment attachers benefit from upgrades, they should share in the costs.

  • July 29, 2024

    Clean Energy Tax Credit Sales Could Hit $25B, Report Says

    Total sales of clean energy tax credits could reach as high as $20 billion to $25 billion this year, signaling a flourishing marketplace for credit sales authorized by the 2022 climate law, according to a midyear report released Monday by a climate tech startup firm.

  • July 29, 2024

    5th Circ. Takedown Prompts Call To Reform Universal Service

    A major telecom trade association is telling Congress to get started reforming the Universal Service Fund quickly, saying that the Fifth Circuit's recent holding that the program's current setup is unconstitutional should bring an urgency to restructuring efforts.

  • July 26, 2024

    DC Circ. Vacates FERC Oil Pipeline Index Revision

    The D.C. Circuit on Friday vacated a Federal Energy Regulatory Commission order that lowered the five-year index level governing oil pipeline transportation rates, ruling that the agency ran afoul of federal law when it failed to gather public input on the revision.

  • July 26, 2024

    FCC Kicks Off Rapid Response Team To Zap Pole Disputes

    The Federal Communications Commission has launched a rapid response team to clear up disputes between utility pole owners and internet service providers over the cost of upgrading or replacing poles to allow for new broadband equipment.

  • July 26, 2024

    One Prosecutor's Quest To Carve Up Crypto's 'Pig Butchers'

    A Silicon Valley-based prosecutor who's made it her mission to fight what are known as pig butchering cryptocurrency scams says it is time to start taking a closer look at the role financial institutions and social platforms should play in identifying and blocking bad actors.

Expert Analysis

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • A Recipe For Growth Equity Investing In A Slow M&A Market

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    Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • As Arbitrator Bias Claims Rise, Disclosure Standards Evolve

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    The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • In Energy Disputes, Good Arbitration Clauses Are Key

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    Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • Perspectives

    Criminal Defendants Should Have Access To Foreign Evidence

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    A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.

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