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Project Finance
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June 21, 2024
Insurer Targets Ex-Employee Over $47M Plant Financing Claim
British insurance company Beazley has targeted a former employee in Florida federal court, accusing the former underwriter of exposing it to a $47 million arbitration claim in Brazil after he improperly inked a deal with a reinsurer as part of an ill-fated financing pact for a thermoelectric plant.
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June 21, 2024
NY Judge Says Feds, MTA Fully Vetted Congestion Pricing
A Manhattan federal judge has said federal and New York transportation agencies meticulously analyzed congestion pricing's potential impacts on traffic, air quality and other factors, rejecting local residents and community groups' claims that the Big Apple's now-paused congestion pricing was improperly approved.
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June 21, 2024
Claims Trimmed In Neb. Tribe's Debt Collection Suit
A federal judge partially dismissed a Nebraska tribe's challenge to the Indian Health Service that claims the federal government repeatedly tried to collect millions on an already paid debt, saying its allegations over the validity of the 2017 agreement are barred by the Contract Disputes Act's one-year statute of limitations.
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June 21, 2024
Rip And Replace 'Ruinous' Without Fed Funds, Carriers Say
A rural telecoms trade group is warning the Federal Communications Commission of potentially "ruinous" financial predicaments for small carriers if the "rip and replace" program targeting Chinese-made telecommunications equipment isn't fully funded soon, saying in a new filing that carriers are considering reducing service because of the lack of funding.
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June 21, 2024
Ex-Cognizant Execs Keep Pushing For Debevoise Testimony
Former Cognizant Technology Solutions executives have pushed back on Debevoise & Plimpton LLP's bid to quash a subpoena seeking testimony from a firm partner for their upcoming bribery trial in New Jersey federal court, saying that the testimony would be relevant and that any potential privilege arguments have already been waived.
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June 20, 2024
New Navajo Law Expected To Double Infrastructure Funds
Navajo Nation President Buu Nygren signed into law legislation that will create a new mechanism allowing the federally recognized tribe to transfer $522 million in American Rescue Plan Act funding into a revenue reserve that's expected to nearly double the tribe's infrastructure financing.
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June 20, 2024
Parties Reach Resolution Ending Ga. Shipwreck Suit
An agreement has been reached ending a lawsuit brought against the companies that owned, chartered, operated and salvaged the MV Golden Ray, a cargo ship that capsized off Georgia's coast, according to a joint stipulation filed Tuesday in Georgia federal court.
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June 18, 2024
Anticompetitive Rules Hinder BEAD Fund, Critic Claims
The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.
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June 18, 2024
Green Group Insists It Can Fight Colo. Air Plan Approval
The Center for Biological Diversity told the Tenth Circuit it didn't forfeit its challenge to the U.S. Environmental Protection Agency's approval of a Colorado air emissions permitting program and that the agency is wrong to assert otherwise.
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June 18, 2024
Treasury Finalizes Labor Rules For Bonus Energy Tax Credits
The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.
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June 17, 2024
Milbank Snags FTC Competition Trial Chief For DC Office
Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.
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June 14, 2024
Uri Pricing Upheld After Lower Court 'Strayed From Its Lane'
The Texas Supreme Court on Friday said that the Public Utility Commission of Texas acted within its authority when it set a single price for electricity at the market cap during 2021 winter storm Uri, overturning a blockbuster decision by a lower court that upheld its two pricing orders.
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June 14, 2024
Split DC Circ. Rejects NY's Electricity Rate Challenge
A split D.C. Circuit panel rejected Friday a New York utility regulator's attempt to unravel the Federal Energy Regulatory Commission's approval of the state grid operator's wholesale electricity rates, leaving in place an estimated 17-year lifespan for new fossil-fueled power plants.
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June 14, 2024
DC Circ. Backs FERC Climate Reviews In Pipeline Project Row
The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.
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June 13, 2024
2nd Circ. Case Over NY Broadband Law Could Wrap Up
An agreement could soon be reached between internet providers and the New York attorney general's office that would avoid the need for further Second Circuit review of New York's controversial low-cost broadband law, court records show.
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June 13, 2024
FERC Faces Chorus Of Calls To Rethink Grid Policy Overhaul
Dozens of requests that the Federal Energy Regulatory Commission reconsider parts or all of its sweeping revision of its regional transmission planning policies have been filed, some of which could telegraph future court challenges if the agency ultimately sticks to its guns. Here's a roundup of the notable issues raised in the rehearing requests for FERC Order No. 1920.
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June 13, 2024
Indicted Ex-Conn. Official Missed Gun Sale Deadline, Feds Say
Former Connecticut state budget official Konstantinos Diamantis has missed deadlines to remove guns from his residence and claimed he couldn't locate his passport despite orders to surrender it to federal authorities while he awaits trial on bribery and extortion charges, a U.S. probation officer reported Wednesday.
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June 13, 2024
Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade
An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.
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June 13, 2024
Ford Asks To Defend EPA's Heavy-Duty Truck Emissions Rule
Ford Motor Co. has urged the D.C. Circuit to let it intervene in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emissions standards for heavy-duty vehicles such as delivery trucks, dump trucks, public utility trucks and buses.
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June 13, 2024
Longtime Dentons Atty Rejoins Firm After In-House Stint
Dentons announced that an attorney who previously spent over 25 years at the firm and its preceding organization rejoined its Los Angeles office as a partner in the capital markets practice, following several years of working as general counsel for lending companies.
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June 13, 2024
Bond Denial Upheld For Army Construction Project
An Illinois federal judge affirmed an arbitration award relieving two insurers of covering a $1.8 million bond issued to a subcontractor retained for a U.S. Army construction project, upholding the arbitrator's finding that the status of the project wasn't accurately represented at the time of bond procurement.
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June 12, 2024
Senate Confirms 2 FERC Nominees, Puts 3rd Nominee On Deck
The U.S. Senate on Wednesday confirmed two nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission and scheduled a Thursday vote for a third nominee.
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June 12, 2024
1st Circ. Finds PREPA Bondholders Have $8.5B In Valid Liens
The First Circuit said Wednesday that bondholders of the Puerto Rico Electric Power Authority have valid liens worth $8.5 billion on the revenue of the utility, reversing a lower court's ruling but leaving it up to the bankruptcy court to determine what effect that has on the restructuring plan.
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June 12, 2024
EPA Tells DC Circ. Emissions Rules Should Stay In Place
The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.
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June 12, 2024
FCC Told Alaska Needs More Broadband Support
A major telecommunications provider in Alaska is telling the Federal Communications Commission that the government will need to boost its funding if it wants providers to meet high-speed broadband deployment goals for the state.
Expert Analysis
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The Legal Industry Needs A Cybersecurity Paradigm Shift
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.
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5 Reasons Associates Shouldn't Take A Job Just For Money
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.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
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.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
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.
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Black-Led VC Fund Case Could Hinge On Nature Of Grants
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.
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Ex-OpenSea Staffer Case May Clarify When Info Is Property
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.
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What R&W Insurance Access Means For Small-Cap M&A
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.
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Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules
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.
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Employee Experience Strategy Can Boost Law Firm Success
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.
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Series
Competing In Triathlons Makes Me A Better Lawyer
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.
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Where Justices Stand On Chevron Doctrine Post-Argument
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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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.