Project Finance

  • October 24, 2014

    Cross-State Rule Will Gain Power As EPA Revises Air Regs

    The U.S. Environmental Protection Agency's revived cross-state air pollution rule won't have much regulatory oomph thanks to subsequent rules that do most of its job, but an expected rewrite of federal air quality standards could restore some bite.

  • October 24, 2014

    Exploration Co. Asks High Court To Take Oil Lease Dispute

    Oil and gas exploration company Century Exploration New Orleans LLC is seeking U.S. Supreme Court review of a decision allowing the government to add additional oil spill response requirements to its drilling lease, saying the decision would give the government free rein to impose new conditions on existing leases.

  • October 24, 2014

    Consol Unit's New Permits Don't Ax Selenium Suit, Judge Says

    A West Virginia federal judge on Thursday declined to let a Consol Energy Inc. unit dodge a Clean Water Act suit over alleged selenium pollution from mining operations, ruling that its reissued permits don’t let the company off the hook for past violations.

  • October 24, 2014

    Chesapeake Oil Field Affiliate Scraps $863M IPO Plan

    Chesapeake Energy Corp.'s service industry affiliate has pulled its more than two-year-old plans for an $862.5 million initial public offering for undisclosed reasons, according to a regulatory filing Friday.

  • October 24, 2014

    Funders Must Pay Indemnity Costs In $1.6B Excalibur Fight

    A London Commercial Court judge on Thursday ruled that third-party litigation funders are liable for $7.7 million in indemnity costs that defendants Gulf Keystone and Texas Keystone incurred in a doomed $1.6 billion lawsuit over production rights for an Iraqi oil field.

  • October 24, 2014

    Murray Energy Can't Fight EPA Carbon Rule Yet, DC Circ. Told

    The U.S. Environmental Protection Agency told the D.C. Circuit on Thursday that Murray Energy Corp.’s challenge of a proposed rule to limit carbon emissions from existing power plants must be dismissed as premature, since the rule isn’t final.

  • October 24, 2014

    Porter Hedges Opens Okla. City Office With Energy Pro

    Houston-based Porter Hedges LLP expanded its energy practice this week with the opening of a new Oklahoma City office led by a former Commercial Law Group PC managing partner with expertise in M&A, real estate and finance.

  • October 24, 2014

    Pulling Up Stakes: Squire Patton Boggs, Hogan, Kirkland

    This week's roundup of dealmakers on the move included Squire Patton Boggs' dual hire of a corporate and health care ace as well as a litigation pro in Ohio, Hogan Lovells strengthening its M&A practice in Vietnam, and Kirkland & Ellis LLP snatching up a private equity and M&A pro in Hong Kong.

  • October 24, 2014

    Taxation With Representation: Latham, Vinson, Weil

    In this week’s Taxation With Representation, IBM Corp. sells its semiconductor unit in a $1.5 billion deal while Latham & Watkins’ tax attorneys help QEP Resources Inc. sell its midstream oil and gas business to industry giant Tesoro Corp for a cool $2.5 billion.

  • October 23, 2014

    Tesoro Plans $1.3B Bond Offering To Fund Oil & Gas Co. Buy

    Tesoro Logistics LP priced its previously announced debt offering Wednesday saying it would issue two sets of senior notes to raise a total of $1.3 billion in order to help pay for its recent acquisition of a midstream natural gas and crude oil business from a QEP Resources Inc. subsidiary.

  • October 23, 2014

    Canada Slams 'Protectionist' Buy America Procurement Bills

    Canada's top trade official on Thursday issued a stern rebuke to U.S. lawmakers for their continuing efforts to ramp up "buy America" requirements for U.S. federal, state and municipal-level governments, blasting the proposals as a damaging restriction on public procurement markets.

  • October 23, 2014

    Westlake Chemical To Invest $330M In Louisiana Plant

    Westlake Chemical Corp. is spending more than $330 million to expand its ethylene production in southwest Louisiana, the company and Gov. Bobby Jindal announced Thursday.

  • October 23, 2014

    Bridgegate Panel Co-Chair Unveils Port Authority Reform Bill

    A co-chair of the New Jersey legislative panel probing “Bridgegate” proposed wide-ranging Port Authority of New York and New Jersey reforms on Thursday that would trim gubernatorial appointment powers, impose transparency requirements and force the agency to take a harder look at its operations.

  • October 23, 2014

    Texas Securities Board Paves Way For Equity Crowdfunding

    The Texas Securities Board on Wednesday gave the green light to new equity crowdfunding rules in the Lone Star state, releasing Texas startup companies seeking funding from the red tape associated with registering their securities with the Securities and Exchange Commission.

  • October 23, 2014

    Deals Rumor Mill: Deutsche Telekom, EnCap, Farrow & Ball

    Deutsche Telekom is seeking new parties to step up and make offers for its majority stake in U.S. wireless provider T-Mobile U.S. Inc., just months after rejecting Iliad SA's $15 billion bid, while EnCap Investments LP is looking to raise $5 billion for a new energy fund.

  • October 23, 2014

    SolarCity Launches $200M Public Solar Bond Offering

    SolarCity Inc. is aiming to raise up to $200 million from the launch of what it says is the first ever public solar bond offering, as the company continues several financing efforts to fund its solar panel installations.

  • October 23, 2014

    Ohio Court Halts Subpoena In Reservoir Construction Spat

    An Ohio appeals court on Thursday reversed a lower court decision forcing a contractor and affiliated parties to divulge subpoenaed documents produced in mediation, on the grounds that state law presumes the documents privileged, instead remanding for an in-camera inspection to determine admissibility.

  • October 23, 2014

    Southern Co., First Solar Ink $508M Deal For Calif. Plant

    Southern Co. subsidiary Southern Power will pay First Solar Inc. $508 million to acquire a 150-megawatt solar facility that will generate enough electricity to power more than 60,000 homes once it is completed, the company said Thursday.

  • October 23, 2014

    Chevron, BP Find Deep-Water Oil In Gulf Of Mexico

    Chevron Corp. and BP plc together found a new deep-water oil deposit in the Gulf of Mexico's Guadalupe prospect, the two petroleum giants said in Thursday announcements.

  • October 23, 2014

    Cuomo Says No Fracking Decision Until At Least End Of 2014

    New York Gov. Andrew Cuomo on Wednesday did little to clear up the murky future of hydraulic fracturing in the state, insisting that he will wait until at least the end of the year to make a decision about whether to support or oppose it.

Expert Analysis

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • Oregon Spotted Frog Listing Will Have Wide-Ranging Impact

    Myles A. Conway

    The “threatened” listing of the Oregon spotted frog will affect water storage and diversion regulations, development activity and agricultural practices in several Oregon and Washington counties. In the implementation of this listing, federal regulators will need to balance the needs of the spotted frog with competing legal requirements that provide for the protection of other federally listed species, says Myles Conway of Marten Law PLLC.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Talking The Talk: Nuclear Energy Lingo For Bankers

    George Borovas

    Three and a half years after the accident at the Fukushima Daiichi nuclear power plant, the nuclear industry is experiencing somewhat of a revival, however the apparent disconnect between its rhetoric and the mindset of financiers must be overcome to stimulate the successful development of new plants, say George Borovas and Helen Cook of Shearman & Sterling LLP.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Encouraging Gas Development In China — A Work In Progress

    Vincent X. Wang

    Recent Chinese regulatory measures are but a first step in establishing a regime that will encourage foreign investment in midstream gas infrastructure by private investors. More attention needs to be paid to establishing a platform that offers fair rules of play for private businesses seeking to compete with powerful state-owned monopoly players, say Barbara Jost and Vincent Wang of Davis Wright Tremaine LLP.

  • Commerce's BE-13 Survey Is Back: What You Need To Know

    Scott Flicker

    The U.S. Department of Commerce's Bureau of Economic Analysis — a little-known U.S. government statistical reporting bureau — has revived a dormant regulation mandating that U.S. entities submit a report when they take on, or are created as a result of, qualifying new foreign direct investment in the United States, say Scott Flicker and Dana Stepnowsky of Paul Hastings LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.