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Project Finance
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Gov't Urges High Court To OK 2nd 'Buffalo Billion' Trial
The federal government asked the U.S. Supreme Court to clear the way for a second trial in a public corruption case tied to former New York Gov. Andrew Cuomo's "Buffalo Billion" development initiative, saying prosecutors should be allowed to pursue charges under a different theory after the justices undid the original convictions.
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January 30, 2025
Dentons Partner Joins Mintz's Energy And Sustainability Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired a former Dentons partner who will split time between New York and Washington, D.C., working with clients on project finance matters in the energy space, the firm recently announced.
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January 29, 2025
Cobalt Refiner Hits Ch. 11 With Plan To Cut $164M In Debt
A Texas bankruptcy judge Wednesday put the operator of one of the world's largest cobalt refineries on course for a March hearing on a Chapter 11 plan to shed nearly $164 million in debt as it deals with depressed cobalt prices it blames on Chinese oversupply.
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January 28, 2025
Stakeholders Worry Funding Freeze Will Hinder Connectivity
Advocates for increased broadband access in schools and libraries are sounding the alarm about the Office of Management and Budget memorandum calling on agencies to pause grant and loan disbursements, with broadband access advocates warning that the move would stop all Universal Service reimbursements and threaten coverage for rural and underserved areas.
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January 28, 2025
5th Circ. Revives Arb. Bid In Saudi Arabia Oil Project Row
A Louisiana federal judge wrongly nixed a bid to send a dispute stemming from a Saudi Arabian oil and gas project to arbitration after the administering institution named in an underlying subcontract was dissolved, the Fifth Circuit ruled in a published opinion.
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January 28, 2025
NJ Targets MTA's Changes In Revised Congestion-Pricing Suit
New Jersey Gov. Phil Murphy plans to target New York City's public transit agency and the altered toll amounts in the state's renewed legal challenge to congestion pricing, according to a proposed amended complaint.
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January 28, 2025
Senate Confirms Sean Duffy As DOT Secretary
The U.S. Senate on Tuesday confirmed former Wisconsin congressman Sean Duffy to be secretary of the U.S. Department of Transportation.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
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January 27, 2025
Cruz Files Bill To Repeal FCC's Student Wi-Fi Plan
U.S. Sen. Ted Cruz, R-Texas, has filed a bill to prevent the Federal Communications Commission from carrying out a Democratic plan to fund Wi-Fi for students off campus.
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January 27, 2025
Contractor Seeks DC Circ. Approval Of $200M Arbitral Award
A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.
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January 27, 2025
NJ Shortens Window For Use Of Redevelopment Tax Credits
New Jersey reduced the time in which tax credits for certain mixed-use and commercial real estate redevelopment projects must be used after approval as part of a bill signed by Gov. Phil Murphy.
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January 24, 2025
Lawmakers Want FCC Subsidy Fund Preserved At High Court
Nearly 30 members of the U.S. House and Senate from both parties are urging the U.S. Supreme Court to keep in place the Federal Communications Commission's system of raising funds from telecom providers to pay for connectivity around the country.
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January 24, 2025
Blackstone To Buy $1B Power Plant In Va. Data Center Mecca
Blackstone, advised by Kirkland & Ellis LLP, plans to purchase a natural gas power plant in Loudoun County, Virginia — a region known for having the biggest data center market in the world — for $1 billion from Latham & Watkins LLP-led Ares Management, according to a source familiar with the matter.
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January 23, 2025
Jump Trading Says Ex-Worker Stole IP For Blockchain Startup
High-frequency trading firm and blockchain technology developer Jump Trading has filed a complaint seeking a preliminary injunction against a former software developer it claims is using Jump Trading's intellectual property to launch a competing project.
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January 23, 2025
Spain Wins Stay In $29M Renewable Award Enforcement Suit
A D.C. federal judge has paused litigation against Spain to enforce an approximately $29 million arbitral award issued to solar energy investors while the country seeks a U.S. Supreme Court review, diverging from the approach taken by a fellow federal judge earlier this month.
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January 23, 2025
AT&T, Dish Owe FCC $20.6M In Unverified Subsidy Payments
AT&T and Dish Network will have to repay the Federal Communications Commission the more than $20 million it took in early pandemic broadband subsidy funds because they failed to verify that the people they used those funds for were eligible for the program.
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January 23, 2025
NJ Town Loses Bid To Join NYC Congestion Pricing Suit
A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.
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January 23, 2025
NC Biogas Co. Sidesteps Sanctions For Now In Lender Fight
A North Carolina Business Court judge held back on sanctioning a biogas company for allegedly violating a court order to pay its lender before pursuing new contracts on a renewable energy project, reasoning that he needs more information about the terms of the agreement to see if a contempt ruling is warranted.
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January 22, 2025
Texas Court Asks If $50M Award In Dubai Tower Case Was Fair
A Texas appeals court worked Wednesday to untangle whether executives who are on the hook for $50 million received a fair shot in the United Arab Emirates' court system after they abandoned ambitious tower projects in Dubai.
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January 22, 2025
Exxon Says Investors Shared Confidential Info With Ex-Worker
Exxon Mobil Corp. has urged a Texas federal judge to reject investors' broad reading of what confidential information they're allowed to share and with whom in litigation accusing the oil giant of overvaluing its Permian Basin holdings by billions of dollars.
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January 22, 2025
Sotomayor Halts 2nd Circ. Ruling In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor halted a decision from the Second Circuit on Wednesday that would have set up a second trial against four men whose convictions were overturned in a landmark 2023 high court ruling in which the justices narrowed certain types of public corruption cases.
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Connell Foley Fights DQ Bid In Investment Firm's Bias Suit
A group of current and former New Jersey state officials blasted a motion to disqualify their counsel at Connell Foley LLP in a discrimination suit from a Black-owned investment firm in New Jersey federal court, calling the move a frivolous and bad faith stalling tactic.
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January 21, 2025
Trump EV Rollbacks Spell Regulatory Whiplash For Auto Cos.
President Donald Trump's rollback of Biden administration policies intended to accelerate the U.S. auto industry's movement toward electric vehicles creates new uncertainties for a domestic EV supply chain that was already grappling with slowing consumer demand, experts say.
Expert Analysis
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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The Unfolding Potential of Green Hydrogen In Brazil
A new federal law in Brazil establishing a legal framework for hydrogen development is the country's latest step toward creating a favorable environment for green hydrogen production, but significant challenges — including high production costs, technological hurdles and a lack of infrastructure — remain, says David Andrew Taylor at Almeida Advogados.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.