Project Finance

  • October 05, 2022

    11th Circ. Precedent Up For Debate In Guatemala Award Fight

    The Eleventh Circuit will reconsider its precedent barring courts from vacating international arbitral awards rendered in the U.S. under broader domestic standards, after it vacated its decision upholding an arbitral award relating to an ill-fated Guatemalan power plant construction project on Wednesday.

  • October 05, 2022

    'Add-Back' Lease Ruling Must Be Undone, Texas Justices Told

    An appellate court's flawed reading of an oil and gas lease upends the industry's established understanding of how royalty payments are calculated, a pair of oil and gas companies told the Texas Supreme Court on Wednesday.

  • October 05, 2022

    Agrify Botched Marquee Mass. Cannabis Project, Suit Says

    Cannabis tech company Agrify Corp. botched its first turnkey development of a marijuana cultivation facility in Massachusetts and then harvested funds from a construction loan to hide that the flagship venture had turned into a "money pit," according to a state court lawsuit filed Wednesday.

  • October 05, 2022

    Chippewa Tribe Slams Enbridge Over Bid To Exclude Experts

    Tribal leaders in Wisconsin are defending a group of energy and transportation experts who they say help illustrate that a major oil and gas pipeline on their reservation is expendable, and berating the pipeline owner, Enbridge Energy Co., for an "ill-conceived" bid to preclude their testimony.

  • October 05, 2022

    2 Firms Seek OK Of $1.8M Fee In Pipeline Suit Deal Redo

    Halloran Farkas + Kittila and Wolf Haldenstein Adler Freeman & Herz continue to urge the Delaware Chancery Court to approve a $1.8 million fee as part of a deal to end litigation over a 2015 California oil spill, after being asked to provide more details justifying the request.

  • October 05, 2022

    FERC Should Hear Gasoline Blending Dispute, 3rd Circ. Rules

    The Federal Energy Regulatory Commission is the appropriate venue for a dispute between a gasoline pipeline company and a shipper over who gets to profit from blending different grades of fuel, the Third Circuit held in a precedential ruling Wednesday.

  • October 04, 2022

    War Continues To Complicate Ukrainian Refinery Award Feud

    A dispute between Ukraine and an energy company with alleged ties to the Russian government stemming from a post-Soviet agreement to operate Ukraine's largest oil refinery, which resulted in a $170 million arbitral award, remains mired in complications in U.S. federal court due to the ongoing war.

  • October 04, 2022

    Exxon Escapes Permian Basin Investor Class Action, For Now

    A Texas federal judge has dismissed a proposed investor class action against Exxon over the value of its oil and gas production properties located in the Permian Basin, finding the investors didn't create a strong inference of scienter, or fraudulent intent, for the oil giant or any individual defendants.

  • October 04, 2022

    Ex-NBA Star Says DFW Airport Lied In Sports Complex Deal

    Former NBA star Jermaine O'Neal said in a lawsuit filed Monday that Dallas airport officials failed to deliver on a mixed-use complex to complement his $14 million youth sports center and refused to extend his lease in the area, accusing the executives of fraud.

  • October 04, 2022

    Michigan Officials Dodge Felonies Over Flint Conduct

    A Michigan state judge on Tuesday tossed charges against seven current and former state and local officials who were accused of criminal misconduct through their roles in the Flint lead-tainted drinking water crisis.

  • October 04, 2022

    NTIA Seeking To Waive 'Buy America' For Middle-Mile Program

    The National Telecommunications and Information Administration has proposed that "Buy America" requirements for a $42.5 billion broadband deployment program be waived for the "middle mile" infrastructure projects that connect internet hubs to local networks.

  • October 04, 2022

    Top Groups Lobbying The FCC

    Lobbying groups picked up the pace of pitches filed with the Federal Communications Commission in September, as they urged the agency to tackle concerns ranging from cybersecurity to space debris, high-speed deployment, broadband "nutrition" labels and more.

  • October 03, 2022

    Billionaire Bros. Can't Dodge $2.5B LA Hotel Project Suit

    A New York state judge on Friday said billionaire British brothers David and Simon Reuben and an advisory firm can't avoid a lawsuit from a lender over failing to properly handle mezzanine financing default for the $2.5 billion redevelopment of the Century Plaza Hotel in Los Angeles.

  • October 03, 2022

    High Court Won't Review Suit Over Raiders' Oakland Exit

    The U.S. Supreme Court on Monday refused to review a suit from the city of Oakland, California, seeking to recover alleged losses from the NFL and the Raiders over the team's 2020 move to Las Vegas.

  • October 03, 2022

    High Court Struggles With Unclear Clean Water Act Limits

    The U.S. Supreme Court on Monday struggled to get a grip on the proper extent of the federal government's authority under the Clean Water Act to regulate certain wetlands, in a case where landowners have claimed to be victims of agency overreach.

  • October 03, 2022

    Co-Owner Of Bid-Rigging ​​​​​​​Insulation Firm Sentenced To 1 Year

    The co-owner of a Connecticut insulation company was sentenced to one year and a day in prison for his role in a larger bid-rigging scheme for pipe and duct insulation for private and public projects in the state.

  • October 03, 2022

    High Court Wants DOJ Input Over Climate Suit Remand

    The U.S. Supreme Court on Monday asked the solicitor general's office to weigh in on which courts can hear climate tort litigation against fossil fuel companies as the justices mull whether to review the Tenth Circuit's ruling that a suit against Exxon and Suncor belongs in state court.

  • September 30, 2022

    The 5 Biggest Cases This Supreme Court Term

    The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch. 

  • September 30, 2022

    10th Circ. Returns $464M Dam Project Fight To District Court

    The Tenth Circuit on Friday sent back to a U.S. district court the Sierra Club and other groups' challenge to the $464 million expansion of a Denver hydroelectric dam, saying the fight doesn't belong in an appeals court merely because the project has a Federal Energy Regulatory Commission license.

  • September 30, 2022

    Energy Cos. Pin Duty On W.Va. In Unplugged Wells Suit

    Two major energy companies argued that they aren't responsible for plugging allegedly abandoned gas wells that a proposed class of landowners say are burdening their properties, urging the West Virginia federal court to throw the claims out for being at odds with state law.

  • September 30, 2022

    Law360's The Term: A New Normal For The Supreme Court?

    As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

  • September 30, 2022

    Southern Co. Ends Fight With Ga. Nuclear Plant Partner

    Southern Co. said Friday that it's settled litigation with a minority partner over how to divvy up cost overruns for the $20 billion Vogtle nuclear power plant expansion project in Georgia.

  • September 30, 2022

    No Signs Of Supreme Court's Conservatives Slowing Down

    The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

  • September 30, 2022

    How Well Do You Know Supreme Court History?

    As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court. 

  • September 30, 2022

    Bipartisan Bill Would Stop Taxation Of Broadband Grants

    A bipartisan group of U.S. senators introduced legislation Thursday that excludes some broadband infrastructure grants from taxable income.

Expert Analysis

  • Limiting The Scope Of Representation Is Critical For Lawyers

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    A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

  • Attys Shouldn't Assume Judicial Critique Is Protected Speech

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    As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

  • EPA's Permitting FAQ Goes Beyond The Letter Of The Law

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    The U.S. Environmental Protection Agency's recent guidance on environmental justice and civil rights in permitting has no legally binding effect, but the question is whether it will have a coercive effect — and if so, to what degree regulatory authorities will feel pressured to adopt the agency's recommendations, say Karen Bennett and Cameron Dorais at Lewis Brisbois.

  • How Crypto Miners Can Support A Cleaner Energy System

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    While cryptocurrency mining uses enormous amounts of energy, the industry is aware of the need to reduce its carbon footprint — and positive practices such as decarbonizing power grids and supporting dispatchable supply can allow it to do so, say Dennis Elsenbeck and David Flynn at Phillips Lytle.

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • 5 Considerations When Seeking Federal EV Funding

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    A recent White House fact sheet shows how federal efforts to support the full scope of the electric vehicle industry have moved the needle, but some details about how to use those funds are still being ironed out, and there are a few issues to watch, say attorneys at Morgan Lewis.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Regulatory Changes That May Affect Investments In Wireless

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    A potential acquisition or investment in the wireless space requires a fulsome understanding of the regulatory environment, including a new spectrum strategy under the Biden administration, the potential for more legal challenges to Federal Communications Commission decisions and more, says Laura Stefani at Venable.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • What's At Stake In Court Split Over Foreign Bribery Charges

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    Texas and Florida federal courts recently reached opposite conclusions on the extraterritorial application of U.S. money laundering laws in foreign bribery prosecutions, and if the Fifth Circuit upholds the Texas court’s reasoning, the U.S. Department of Justice could lose a significant enforcement tool, say James Koukios and Heather Han at MoFo.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Opinion

    FERC Proposal Conflicts With 'Major Questions' Doctrine

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    Federal Energy Regulatory Commission Chairman Richard Glick's recent claim that FERC retains the right to evaluate the greenhouse gas emissions of natural gas projects flies in the face of the so-called major questions doctrine laid out by the U.S. Supreme Court earlier this year, says attorney Terry Campo.

  • Biden Order's New Lens Puts Foreign Transactions In Focus

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    President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

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