Project Finance

  • March 16, 2018

    Tribal Groups Blast FCC Plan To Ease Wireless Buildout

    Two tribal groups hinted at potential legal action in comments filed Thursday with the Federal Communications Commission that blasted its proposal to roll back environmental and historic site reviews for small wireless infrastructure deployment in the race to roll out 5G services.

  • March 16, 2018

    Pa. Revenue Agency Asserts $3.8B Tax Claim In PES Ch. 11

    Pennsylvania revenue officials lodged a preemptive $3.8 billion tax claim against bankrupt Philadelphia Energy Solutions LLC on Friday, along with an objection to the big refinery’s prepackaged, high-speed Chapter 11 reorganization.

  • March 16, 2018

    Calif. Climate Suits Sent Back To State Court In Fed Split

    A California federal judge Friday sent back to state court climate change torts lodged by a trio of municipalities against dozens of oil, gas and coal companies, creating a split with another judge who’s said similar suits filed by San Francisco and Oakland belong in federal court.

  • March 16, 2018

    Ga. Plant Owners Seek Return Of Cash From Westinghouse

    Georgia Power, co-owner of a nuclear power project whose fate has been intertwined with Westinghouse’s bankruptcy, told a New York bankruptcy court on Thursday that proposed Westinghouse reorganization plan language should be revised to reflect that the plant’s owners have dibs on up to $57.5 million sitting in a bank account.

  • March 16, 2018

    FERC Pursues Utility, Pipeline Rate Changes Amid Tax Cuts

    The Federal Energy Regulatory Commission on Thursday said it is taking action to make sure that proper adjustments are being made in the electric and energy sectors to ensure rates are fair in the wake of the tax reform measure that Republicans passed last year.

  • March 16, 2018

    Sunoco Faces Class Action Over Pa. Pipeline Work Damage

    The owners of two suburban Philadelphia homes launched a class action against Sunoco Inc. on Thursday alleging that construction of the company’s controversial Mariner East 2 pipeline caused significant property damage and left them at risk of possible catastrophic explosion.

  • March 16, 2018

    DC Circ. Won't Rethink Freedmen Descendants' DOI Suit

    The D.C. Circuit on Friday stood by its recent refusal to revive a proposed class action brought by descendants of slaves held by Native American tribes, who claimed the U.S. Department of the Interior owes them royalties from land granted to their ancestors.

  • March 16, 2018

    DC Circ. Shuts Down Part Of EPA Boiler Rule

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency did not adequately justify its decision to raise allowable carbon monoxide emission levels from industrial boilers, a win for environmentalists that challenged the move.

  • March 16, 2018

    5th Circ. Lifts Block On La. Pipeline Project Amid Appeal

    A divided Fifth Circuit panel on Thursday unfroze construction of a crude oil pipeline connected to the controversial Dakota Access pipeline while a Louisiana federal judge's injunction is appealed, with the majority saying it appears that the injunction shouldn't have been granted.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 15, 2018

    Perry Admits DOE Budget Cuts Face Long Odds In Congress

    Energy Secretary Rick Perry on Thursday defended proposed cuts in the U.S. Department of Energy's 2019 budget plan from skeptical House appropriators, but admitted some reductions were legislative long shots, including the elimination of research and development programs and a plan to privatize federal hydroelectric power systems.

  • March 15, 2018

    Toys R Us Creditors Fear Wind-Down Uncertainties

    The abrupt acknowledgement by Toys R Us that it will wind down operations and liquidate inventory at more than 700 stores in the U.S. was met with a wave of concerns Thursday, as creditors' attorneys said they hope for a transparent process that maximizes stakeholder returns.

  • March 15, 2018

    Weil's Breitburn Lienholder Work A 'Fee Issue,' Judge Says

    A New York bankruptcy judge on Thursday said the failure of Weil Gotshal & Manges LLP to disclose it had represented a Breitburn Energy Partners LP lienholder before taking on the company's bankruptcy case was a “fee issue” that could come into play when the firm tries to collect its pay.

  • March 15, 2018

    DC Circ. Asks FERC Why Utility's Potential Recoupment Cut

    A D.C. Circuit panel skeptically prodded the Federal Energy Regulatory Commission on Thursday for an explanation why the agency ruled that if San Diego Gas & Electric Co. were forced to abandon a contentious project, it could only recoup half of the $31 million it initially spent, despite regulations the utility says mandate full reimbursement.

  • March 15, 2018

    Car Rental Tax Constitutional, Ariz. Appeals Court Says

    A car rental tax that helped fund the construction of top-tier sports stadiums in Arizona has been ruled legal under both the Arizona and U.S. constitutions by the Arizona Court of Appeals, generally overturning an Arizona Tax Court ruling.

  • March 15, 2018

    4 Things To Watch In FAA Reauthorization Talks

    With the Federal Aviation Administration’s current authorization expiring at the end of the month, Congress will likely pass a short-term extension to buy time to negotiate other top-flight issues concerning consumer protection, drone oversight and funding for airport upgrades, experts say.

  • March 15, 2018

    Blank Rome Nabs Finance, RE Attys From Herrick Feinstein

    Blank Rome LLP has brought on board two New York-based partners from Herrick Feinstein LLP with significant experience handling corporate, finance and real estate matters, the firm announced Thursday.

  • March 15, 2018

    FERC Won’t Let Pipeline MLPs Recoup Tax Allowances

    The Federal Energy Regulatory Commission will no longer permit master limited partnership interstate natural gas and oil pipelines to recoup an income tax allowance in cost-of-service rates, the agency said Thursday in response to a federal appeals court remand.

  • March 15, 2018

    Glassmaker Looks To Save $1B Venezuela Expropriation Claim

    A U.S. glassmaker has asked an International Centre for the Settlement of Investment Disputes tribunal to revive its $1.03 billion claim against Venezuela for expropriating investments in two glass manufacturing plants, arguing the decision to nix the company's claims is an assault on the very integrity of ICSID. 

  • March 15, 2018

    FERC Reapproves Fla. Pipeline Amid Split Over GHG Review

    A divided Federal Energy Regulatory Commission reauthorized the $3.5 billion Southeast Markets natural gas pipeline to Florida, with the agency's two Democratic commissioners saying FERC failed to adequately analyze the project's greenhouse gas emissions impacts as required by the D.C. Circuit when it nixed the agency's original approval.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Obligors: Beware Of Bond Reissuance Triggers

    Robert Eidnier

    Public finance tax lawyers have begun to see an indirect effect of the Tax Cuts and Jobs Act — the triggering of automatic bank rate adjustments resulting from the drop in the corporate tax rate. Though many banks have been willing to forgo or reduce interest rate increases that would otherwise occur under loan documents, obligors should know that this seeming benefit can have significant tax consequences, says Robert Eidnier of Sq... (continued)

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Roundup

    EPA In The Trump Era

    EPA In The Trump Era - Thumbnail

    In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

  • Trump Infrastructure Plan: Perspectives For The P3 Market

    Lance Brasher

    Earlier this month, the Trump administration released its long-awaited infrastructure plan. The plan is generally supportive of public-private partnerships, and includes a number of specific elements that would benefit the U.S. P3 market. But it does not demonstrate where Congress will find the revenues to authorize the planned spending, say Lance Brasher and Joshua Nickerson of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. CWA Decision Could Pose New Compliance Risks

    Bernadette Rappold

    With the Ninth Circuit's recent decision in Hawaii Wildlife Fund v. County of Maui, environmentalists have scored a victory under the Clean Water Act that may cause a widespread re-evaluation of permitting status and engender a wave of citizen suits, says Bernadette Rappold of Greenberg Traurig LLP.