Project Finance

  • October 16, 2017

    Insurer Needn't Defend In $105.7M Well Coverage Suit

    A Texas federal judge ruled Monday that ACE American Insurance Co. has no duty to defend an oil driller hit with a $105.7 million judgment after creating a well that became unusable, saying an exclusion applied to the entire well, and the driller's work couldn't be separated out from the rest.

  • October 16, 2017

    Split FERC OKs Atlantic Coast, Mountain Valley Pipelines

    A divided, three-member Federal Energy Regulatory Commission on Friday approved the construction of the $5 billion Atlantic Coast pipeline and the $3.5 billion Mountain Valley pipeline.

  • October 16, 2017

    EPA Chief Moves To End ‘Sue And Settle’ Practice

    The U.S. Environmental Protection Agency on Monday announced new measures intended to prevent lawsuit settlements that Administrator Scott Pruitt said often circumvent transparency standards.

  • October 16, 2017

    SJI Inks $1.7B Deal For Southern Co. Gas Units In NJ, Md.

    Energy services holding company South Jersey Industries Inc. has agreed to acquire the assets of Elizabethtown Gas and Elkton Gas from a Southern Co. subsidiary for $1.7 billion, with a fully committed $2.6 billion bridge financing facility in place, SJI said Monday.

  • October 16, 2017

    NY Says FERC Can't Override Pipeline Permit Denial

    The New York Department of Environmental Conservation on Friday told the Federal Energy Regulatory Commission that it should revisit its decision that quashed the state’s denial of a Clean Water Act permit for a Millennium Pipeline Co. LLC natural gas pipeline, arguing that the federal agency misinterpreted the department’s deadline.

  • October 13, 2017

    C&J Investor Says $5M Fee Bid Justified By $250M Savings

    Attorneys representing a shareholder of C&J Energy Services Inc. told a Delaware Chancery Court judge Friday that their efforts in a challenge to the $2.9 billion merger of C&J and Nabors Industries Ltd. justify a $5 million fee award because the suit led to a $250 million reduction in the cash paid by C&J in the deal.

  • October 13, 2017

    SunEdison Can End IP Contract With Korean Co., Judge Rules

    A New York bankruptcy judge on Friday found that a supply and license agreement between SunEdison Inc. and a Korean company it helped create to manufacture solar materials is governed by New York law and was properly terminated, allowing SunEdison to sell the patent rights to the production process.

  • October 13, 2017

    Feds Reach Cleanup Deal For Maryland Superfund Site

    The federal government announced Friday it has reached a deal requiring various parties to execute a $51.5 million plan to clean up a Baltimore County, Maryland, Superfund site where a landfills had operated between the 1950s and 1970s.

  • October 13, 2017

    Luminant Shutters 2 Texas Coal-Fired Plants

    Vistra Energy said Friday that its Texas-based Luminant subsidiary would close two coal-fired plants in early 2018 due to deteriorating finances, making it three Lone Star State coal plants in the last week the company has tabbed for closure next year.

  • October 13, 2017

    Tribe Demands Nix Of Slawson Drilling Go-Ahead

    The Mandan, Hidatsa & Arikara Nation on Thursday told a North Dakota federal court that drilling company Slawson Exploration Co. Inc. appealed an administrative order prematurely, arguing that the court should throw the case out so that the U.S. Department of the Interior’s process can continue unimpeded.

  • October 13, 2017

    Engineering Co. Asks To Enforce $41M Tanzania Judgment

    An English engineering firm asked a D.C. federal court on Thursday to enforce two judgments issued abroad that relate to arbitral awards against Tanzania totaling more than $41 million, which were issued following a dispute over a stymied road rehabilitation project.

  • October 12, 2017

    Westinghouse Asks To Use DIP Funds For Nondebtors' Bills

    Nuclear energy contracting giant Westinghouse Electric Co. LLC asked a New York bankruptcy court on Wednesday to authorize amendments to its $800 million postpetition financing arrangement so it can provide emergency funding for struggling nondebtor affiliates overseas.

  • October 12, 2017

    EPA Tells DC Circ. New Law May Alter Coal Ash Rule

    The U.S. Environmental Protection Agency on Wednesday told the D.C. Circuit that a new federal law could have “significant implications” for an Obama-era rule governing the handling of coal ash, and asked that litigation over the rule be postponed to give the agency more time to study the matter.

  • October 12, 2017

    Pipeline Co. Urges FERC To Override NY Permit Denial

    Constitution Pipeline Co. LLC on Wednesday urged the Federal Energy Regulatory Commission to overrule New York's denial of a Clean Water Act permit for a $683 million natural gas pipeline, arguing the state had waived its authority by blowing a one-year statutory deadline to act on the permit request.

  • October 12, 2017

    Valero, Calif. AG Settle Row Over Energy Terminal Deal

    Valero won’t buy two Bay Area petroleum storage terminals for at least a decade without first going through the state of California, according to an agreement signed by a California federal judge on Thursday that ends litigation brought against the oil giant by the state.

  • October 12, 2017

    Eversource Seeks Regulatory OK Of $258M Power Plants Sale

    New Hampshire’s largest electricity utility, Eversource Energy, urged the state utilities regulator on Thursday to approve the company's sale of a host of power plants to a Hull Street Energy LLC affiliate and a newly formed joint venture in two deals totaling $258.3 million.

  • October 12, 2017

    API Says BLM Flaring Rule Twists Definition Of ‘Waste’

    The American Petroleum Institute told a Wyoming federal court Thursday that the Bureau of Land Management’s rule aimed at limiting the venting and flaring of methane from drilling operations on federal and tribal lands relied heavily on a warped and radical definition of “waste.”

  • October 12, 2017

    Perry Gets Rough Reception On Hill Over FERC Grid Proposal

    Skeptical U.S. House Democrats grilled Secretary of Energy Rick Perry Thursday over his controversial proposal to pay coal-fired and nuclear plants for providing base load power and grid reliability services, accusing him of putting his thumb on the scale that balances competition in wholesale electricity markets.

  • October 12, 2017

    Glass Co. Asks Court Not To Nix $500M Venezuela Award Row

    A Dutch subsidiary of U.S. glassmaker Owens-Illinois Group Inc. urged a D.C. federal judge on Wednesday not to toss its suit to confirm a more than $500 million arbitral award against Venezuela, saying the country's dismissal bid is just a continuation of its delaying tactics.

  • October 12, 2017

    Enviros Threaten Suit Over EPA Effluent Rule Delay

    The Center for Biological Diversity on Thursday said it plans to sue the U.S. Environmental Protection Agency for delaying parts of the first federal limits on how much toxic metal can be discharged with power plants’ wastewater.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Deciding The Forum For 'Waters Of The US' Suits

    Joel Beauvais

    Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.