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Project Finance
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March 21, 2024
Developer Says Partner Mishandled Funds In Denver Project
A real estate developer and a related online platform have accused a hedge fund in Colorado state court of misusing grant money and owing fees for a Denver commercial housing project.
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March 21, 2024
Canadian Energy Co. Seeks $140M In Tunisia Arbitrations
Energy production and development company Zenith Energy Ltd. has announced that it is pursuing several arbitrations against the Republic of Tunisia and its national oil company, saying the claims currently stand at approximately $141 million due to actions taken by the country's Ministry of Hydrocarbons.
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March 21, 2024
FERC Upholds, Clarifies Grid Connection Policy Rewrite
The Federal Energy Regulatory Commission affirmed and clarified revised policies finalized last summer that govern how new power projects connect to transmission lines during its monthly meeting Thursday, coinciding with a U.S. Senate committee hearing on President Joe Biden's recent FERC nominations.
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March 21, 2024
FERC Nominees Carefully Walk Climate Line In Senate Hearing
Federal Energy Regulatory Commission nominees on Thursday told a U.S. Senate panel that the agency isn't a climate change regulator, but they didn't close the door on FERC ever considering climate impacts in its decision making either.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
Mayer Brown Draws Energy Deals Pro From Clifford Chance
Mayer Brown LLP has hired an energy transition and project finance expert, as the international firm looks to strengthen its energy transactions practice across Europe.
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March 20, 2024
Data Center Atty Welcomes Private Equity's Embrace
Private equity's growing presence in the data center space is a boon for the sector and will help industry players build more facilities to meet growing demand for digital infrastructure, a partner in Paul Hastings' data center practice group told Law360.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots
The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.
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March 20, 2024
Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told
The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Feds, NY Residents Spar Over Congestion Pricing Battle
Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.
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March 19, 2024
Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial
A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.
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March 19, 2024
Faegre Drinker Adds Ex-DLA Piper Commodities Pro In Dallas
Faegre Drinker Biddle & Reath LLP has strengthened its finance and restructuring practice in Dallas with partner Deanna Reitman, an experienced commodities lawyer who previously worked at DLA Piper.
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March 18, 2024
Investors Seek Arbitration In Panama Port Fight
A group of companies and individuals invested in a port project near the Panama Canal's Atlantic Ocean entrance has asked a Delaware federal court to order arbitration in a Hong Kong company's case claiming its interest in the project is being stolen.
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March 18, 2024
Senate Dems Press Congress On Broadband Subsidy Renewal
Nearly three dozen Senate Democrats urged the leadership of both chambers to restore funding for the Federal Communications Commission's broadband program as time runs short to continue paying consumer discounts for internet service.
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March 18, 2024
Tribal Health Groups Say IHS Owes $4M In Support Funding
Two tribal health groups serving parts of Alaska are suing the U.S. Department of Health and Human Services for failing to pay nearly $4 million in contract support costs for their delivery of services paid for with third-party revenue they collected, the subject of a matter now pending before the U.S. Supreme Court.
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March 18, 2024
Provider To Pay $100K Fine For 'Downselling' Broadband
A fiber broadband provider in Texas and Louisiana has agreed to pay a $100,000 fine to the Federal Communications Commission for selling only its slowest service plan to customers in the Affordable Connectivity Program.
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March 18, 2024
Justices Tilt Toward NRA In Free Speech Row With Regulator
A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.
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March 18, 2024
FCC Raises Broadband Speeds, But Many ISPs Already There
Many households across the country can already get the Federal Communications Commission's new benchmark for broadband internet, but making sure that level of service reaches rural and tribal areas remains a tough challenge.
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March 18, 2024
NextEra Moves For Victory In Texas Power Grid Law Row
NextEra units want a Texas federal court to invalidate a state law reserving new power line development for incumbent transmission companies after the Lone Star State failed in its bid to overturn a Fifth Circuit opinion finding the measure unconstitutional.
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
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March 15, 2024
DC Circ. Presses FERC On Justification For Pipeline Expansion
A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.
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March 15, 2024
Feds Streamline Historic Reviews For Broadband Projects
The Advisory Council on Historic Preservation is heeding the call to make it easier for historical preservation checks to be done on any broadband projects that use federal funds, announcing that it will amend the rules to add that flexibility.
Expert Analysis
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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UN Climate Summit: What To Watch For In Dubai
The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.
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New FCC Broadband Label Rules Should Be Read Carefully
A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Bat's Newly Endangered Status Likely To Slow Development
A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.
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Corporate Compliance Lessons From FirstEnergy Scandal
Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Regulators Must Get Creative To Keep Groundwater Flowing
Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.