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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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December 12, 2024
NTIA's Davidson Stepping Down Jan. 20
The head of the U.S. Department of Commerce branch in charge of managing federal use of the airwaves as well as a sprawling broadband deployment program confirmed Thursday he will leave the role in January when the Biden administration ends.
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December 11, 2024
FCC Eases Some Credit Rules For Rural Broadband Funds
The Federal Communications Commission on Wednesday changed letter of credit requirements for broadband subsidy programs in order to make it easier for rural providers to access capital.
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December 11, 2024
Connell Foley Faces DQ Bid In Investment Firm's Bias Suit
A Black-owned investment firm accusing BlackRock Inc. and New Jersey of squeezing it out of a lucrative contract are urging a federal court to disqualify Connell Foley LLP from representing the state, claiming the firm used privileged information from an attorney who has advised it throughout the dispute in a separate action.
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December 09, 2024
Vail Resorts Says Colo. District Can't Escape Debt Deal
A Colorado special district seeking to revive a lawsuit challenging an intergovernmental agreement from the early 2000s is only trying to avoid repaying millions of dollars in debt, Vail Resorts and another special district told a state appellate court.
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December 09, 2024
Mexico Found Liable For Axing Oil Drilling Contract
An International Centre for Settlement of Investment Disputes tribunal has found that Mexico breached the North American Free Trade Agreement when a Mexican administrative court confirmed the termination of an oil drilling contract between the country's state-owned energy firm and Texas-based investors.
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December 09, 2024
Congress Set To Let FCC Borrow $3B For 'Rip And Replace'
Lawmakers are considering funding a $3.08 billion shortfall in the program to rid U.S. networks of Chinese-made equipment by letting the Federal Communications Commission borrow the money from the U.S. Department of the Treasury, repaid with spectrum auctions.
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December 09, 2024
Apollo, Santander Invest In $370M Infrastructure Portfolio
Private equity giant Apollo and commercial bank Santander on Monday unveiled plans to partner to invest in a $370 million portfolio of infrastructure credit.
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December 06, 2024
Ex-Conn. Official Seeks To Delay Trial Over Other Legal Case
Former Connecticut state budget official Konstantinos Diamantis asked a federal judge Friday to delay his upcoming corruption trial, because his preparation was derailed by the recent death of his mother and he and his counsel were forced to divide their attention with "another legal matter."
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December 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 80 times in November as they sought to sway the FCC on new rules for hyper-local FM broadcasts, making it easier to attach broadband gear to utility poles, revamping the 6 gigahertz band and more.
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December 06, 2024
Senate OKs Bill To Ease SEC Reporting Regs On Rural Telcos
The Senate has unanimously passed a bipartisan bill to expand access to broadband in rural areas by reducing the "red tape" on smaller broadband providers.
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December 05, 2024
Reed Smith Hires Linklaters Finance Attys In NY
Two former Linklaters LLP attorneys have jumped to Reed Smith LLP's financial industry group, bringing their backgrounds in structured finance matters to the New York office, the firm announced Wednesday.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Developer, Michigan Differ On State, Federal Securities Tests
A Michigan Supreme Court justice on Wednesday pressed the state's securities administrator and a developer over how Michigan businesses and residents could be affected if the high court were to decide that a state law test rather than a federal one should be used to determine if a promissory note is a security.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 03, 2024
DC Circ. Won't Revisit Energy Cos.' $377M Suits
The D.C. Circuit will not rehear a case brought by renewable energy investors looking to enforce some $377 million in arbitral awards against Spain over nixed economic incentives, declining to revisit its ruling over the summer that the awards can be enforced.
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December 03, 2024
MTA, NY Officials Rip Bid To Block Revised Congestion Pricing
New York officials have told a federal judge that residents, truckers and community groups cannot sideline Manhattan's recently resurrected congestion pricing, saying there's zero merit to the plaintiffs' claims that they'd be irreparably harmed by allegedly unconstitutional and discriminatory tolls.
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December 03, 2024
Willkie Adds Litigation Heavyweight, Energy Expert In DC
Willkie Farr & Gallagher LLP announced Tuesday that it has brought on two Washington, D.C., partners — a new chair for its regulatory litigation practice group who joined from King & Spalding LLP and an energy-focused finance attorney who joined from Greenberg Traurig LLP.
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December 02, 2024
Gov't Owned Broadband Often Fails, Report Says
A new report from an industry-backed think tank skewers government-owned broadband networks for purportedly relying on public resources to survive but operating inefficiently and competing unfairly against private internet service providers.
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December 02, 2024
'Pull The Plug': Broadband Program Wasteful, GOP Sen. Says
The government's $42.5 billion program to deploy broadband to underserved locations throughout the U.S. should be stopped because it's wasting money hand over fist, according to a Republican senator.
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December 02, 2024
FIFA Says Saudi Arabia A Promising World Cup Host
FIFA has released a report saying Saudi Arabia's bid to host the men's 2034 World Cup is a "very strong" proposition with only "medium" human rights risks, moving the Middle Eastern country and single bidder closer to becoming the designee.
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December 02, 2024
FCC Chair Makes Last-Ditch Plea For 'Rip And Replace'
The Federal Communications Commission's chief called on key lawmakers to act soon to fund a program for securing telecom network equipment that faces a $3.08 billion shortage.
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November 27, 2024
FCC Warns Some ISPs Still Advertising Internet Subsidy
Some internet service providers are still advertising discounts on service through the Affordable Connectivity Program even though it ended in June, the Federal Communications Commission has warned consumers.
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November 26, 2024
NY Groups, Truckers Say Congestion Pricing Unconstitutional
A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Decoding Arbitral Disputes: Spanish Assets At Risk Abroad
The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain’s failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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'Pig Butchering': The Scam That Exploits Crypto Confusion
Certain red flags can tip off banks to possible "pig-butchering," and with the scam's increasing popularity, financial institutions need to take action to monitor entry points into the crypto space, detect suspicious activity and provide a necessary backstop to protect customers, say Brandon Essig and Mary Parrish McCracken at Lightfoot Franklin.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.