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Project Finance
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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.
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January 21, 2025
Ex-FCC Members Oppose 5th Circ. Universal Service Ruling
A bipartisan group of eight former members of the Federal Communications Commission is urging the U.S. Supreme Court to overturn a Fifth Circuit ruling that found the mechanism for funding the FCC's universal service subsidies unconstitutional.
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January 21, 2025
Asset Type Immaterial To Crypto Fraud Claims, SEC Says
The U.S. Securities and Exchange Commission has argued that digital assets referenced in its fraud case in Texas against the principals of a purported cryptocurrency mining operation are "immaterial to the economic reality" of the allegedly fraudulent securities transactions at the heart of its action.
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January 21, 2025
NJ Unveils Plans To Retool Congestion-Pricing Fight
Undeterred by the denial of its bid to temporarily halt New York City's controversial congestion toll pricing plan, the state of New Jersey has notified a federal judge that it plans to drop its Third Circuit appeal and pursue a new plan of attack in district court.
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January 21, 2025
Victors In Landmark Graft Case Want 2nd Top Court Review
The defendants who won a landmark 2023 U.S. Supreme Court ruling that narrowed certain types of corruption prosecutions have asked the justices to intervene in their case again, claiming the Second Circuit had wrongly allowed the government to pursue new trials based on a different theory of fraud.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Split 6th Circ. OKs FERC's Revocation Of Ohio Utility Grid Perk
A split Sixth Circuit panel Friday backed the Federal Energy Regulatory Commission's decision to revoke an incentive for power companies that are required to be members of a regional transmission organization, ruling that federal law requires that utilities voluntarily participate in an RTO to receive the incentive.
Expert Analysis
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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.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.