Project Finance

  • February 29, 2024

    Biden Floats 3 Nominees To Return FERC To Full Strength

    President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.

  • February 29, 2024

    NY Tabs Equinor, Orsted Projects For Offshore Wind Deals

    New York officials on Thursday awarded power contracts to offshore wind projects being developed by Equinor and an Orsted-Eversource partnership, the first contracts awarded under a revised bidding process aimed at combating macroeconomic headwinds buffeting U.S. offshore wind development.

  • February 29, 2024

    GE Denies Ties To La. Environmental Contamination Suit

    General Electric has told a Louisiana federal judge it should be freed from a lawsuit seeking to hold it liable for widespread environmental contamination caused by a since-closed pressure valve manufacturing facility in Rapides Parish, saying the property owners behind the suit are relying on a misguided theory of liability.

  • February 28, 2024

    Skeptical DC Circ. Probes Treaty's Arbitration Applicability

    A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.

  • February 28, 2024

    Judge Asks When Feds Will Consider Climate In Oil Leases

    A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.

  • February 28, 2024

    Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case

    A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.

  • February 28, 2024

    Energy Dept. To Give Tribes $25M For Clean Energy Tech

    The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.

  • February 28, 2024

    FCC 'Amnesty' Sought For Rural Broadband Grant Defaults

    Broadband experts got together Wednesday to urge the Federal Communications Commission to offer "amnesty" for defaulting on FCC-funded rural network development projects, so that unserved areas can still receive similar grants being distributed by the U.S. Department of Commerce.

  • February 28, 2024

    Win For DC's NFL Stadium Bid As House Approves Bill

    A bill that would clear a path for the Washington, D.C., city government to build a new stadium for the NFL's Commanders on the site of the team's former stadium was passed by the full House on Wednesday and sent to the Senate, possibly paving the way for the team to return to the city.

  • February 28, 2024

    NC Biz Court Pares Feud Over Costly City Streetcar Expansion

    The North Carolina Business Court has narrowed a general contractor's $115 million lawsuit against the city of Charlotte stemming from a streetcar line construction project, saying the city isn't immune but that a swath of claims were otherwise filed too late.

  • February 28, 2024

    Energy Cos. Urge Justices To Slam Brakes On Climate Suits

    Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.

  • February 27, 2024

    SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say

    Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.

  • February 27, 2024

    Commanders Unveil Stadium Upgrades Amid Possible Move

    The Washington Commanders on Tuesday announced a total of $75 million in upgrades to its current home stadium that includes new premium seating and a new sound system, amid a battle to determine where the NFL team will play in the future.

  • February 27, 2024

    5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award

    A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.

  • February 27, 2024

    NH Power Plant Gets OK On Purchaser Settlement In Ch. 11

    Bankrupt New Hampshire power plant Burgess Biopower LLC will receive a $3.35 million payment from a power purchaser that allegedly withheld money it owed last year, reaching a settlement agreement between the parties that won a Delaware federal judge's blessing on Tuesday.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 27, 2024

    Ga. Judge Pauses $300M Bond Deadline In Monkey Farm Fight

    A Georgia federal judge on Monday suspended an imminent deadline for a $300 million bond agreement to finance the construction of a controversial primate-rearing farm amid a series of court fights over whether local officials can legally back out of the deal.

  • February 27, 2024

    No Merit To Gas Pipeline Safety Rules Fight, Feds Say

    The U.S. Department of Transportation on Monday urged the D.C. Circuit to reject a gas pipeline industry group's challenge of a handful of new safety standards for transmission pipelines, saying it shouldn't be legally second-guessed over what amounts to a policy disagreement at the margins.

  • February 27, 2024

    New Fuel Terminals Ban Doesn't Discriminate, Judge Says

    An Oregon federal judge has recommended the dismissal of a lawsuit in which Montana and a collection of fuel industry groups are challenging a ban on new oil and gas terminals in Portland, Oregon, saying there's no evidence the ban unconstitutionally discriminates against out-of-state companies.

  • February 27, 2024

    Project Finance Group Of The Year: Winston & Strawn

    With an achievement list spanning an unusual private market community solar portfolio, financing the Las Vegas Sphere, toll roads and New York City subway connectivity, Winston & Strawn LLP has solidified a place on Law360's 2023 Practice Groups of the Year.

  • February 26, 2024

    Apache's $3B Write-Down Merits Bigger Class, Investors Say

    A group of Apache Corp. investors on the cusp of winning class certification are arguing that their promised class should be extended to encompass even more investors who were allegedly deceived by company promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust. 

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    FCC Tells Reps. Starlink RDOF Application Was Insufficient

    The Federal Communications Commission recently told members of Congress that the agency rejected satellite company Starlink's long-form application for about $885 million in rural broadband development subsidies because the company's plan indicated it had trouble meeting speed standards, among other reasons.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

Expert Analysis

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Leveraging Municipal Bonds For Green Energy Finance

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    The U.S.'s transition to renewable energy will require collaboration between public and private capital sources — and that means that lawyers used to working in corporate finance must understand how the municipal bond market functions differently, due to its grounding in the U.S. Constitution, says Ann Fillingham at Dykema.

  • Mitigating Costs And Delays In The Energy Transition

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    Achieving net-zero will require constructing a massive amount of new wind, solar and energy storage infrastructure — and while cost overruns and delays are to be expected, contractors and owners can proactively address these problems in their project documents, say Christopher Ryan and Jesse Sherrett at Shearman.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Why All Cos. Should Take Note Of Calif. GHG Disclosure Laws

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    Two recent California laws involving the disclosure of greenhouse gas emissions, as well as the U.S. Securities and Exchange Commission's upcoming final rule, focus on financial services firms' so-called financed emissions, meaning vastly more companies than those directly subject to today's reporting mandates will be required to supply climate-related risk disclosures, says David Smith at Manatt.

  • Calif. Climate Disclosure Bills Promise Challenges For Cos.

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    Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Energy Trading Cos. Must Review Electronic Comms Policies

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    After recent enforcement actions by U.S. and U.K. regulators against energy trading firms — and with the possibility of action by the Federal Energy Regulatory Commission looming — companies involved in energy markets must take steps to review and strengthen electronic communications protocols, say Tanya Bodell and Christopher Hoyle at StoneTurn.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    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.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    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.

  • UN Climate Summit: What To Watch For In Dubai

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    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.

  • New FCC Broadband Label Rules Should Be Read Carefully

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    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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