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Project Finance

  • December 3, 2018

    Westmoreland Coal Ch. 11 Plan Reveals Too Little: US Trustee

    The U.S. Trustee’s Office has filed an objection in Texas bankruptcy court to Westmoreland Coal Co.’s Chapter 11 plan, saying it provides too little information on proposed third-party releases for creditors to properly evaluate it.

  • December 3, 2018

    Aegean Marine Defends Stalking Horse Agreement With Rival

    Bankrupt Greek marine refueling company Aegean Marine Petroleum Network Inc. has come out swinging against several challenges to its management of its Chapter 11 case and a proposed $681 million opening bid for its assets by a prepetition lender, calling the objections by unsecured creditors “extraordinary” and “surprising.”

  • December 3, 2018

    High Court Remands Second Dusky Frog Petition To 5th Circ.

    In the wake of its decision to send litigation brought by Weyerhaeuser Co. over protections for the dusky gopher frog back to the Fifth Circuit, the U.S. Supreme Court said Monday a petition in the same matter from family landowners would follow a similar path back to the appellate court.   

  • December 3, 2018

    Gov't Should Pay For Hindering Pa. Oil Drilling, 3rd Circ. Told

    A Pennsylvania oil and gas company claiming the government unlawfully delayed its drilling activities in the Allegheny National Forest urged the Third Circuit on Monday to undo a district court’s finding that monetary damages can’t be recouped from a public entity that merely blocked access to, but didn’t damage, property it owns jointly with a private entity.

  • December 3, 2018

    Builder Gets 28 Months On 'Buffalo Billion' Fraud Convictions

    Construction executive Louis Ciminelli was sentenced to two years and four months in prison by a Manhattan federal judge Monday for bid-rigging related to a key project in the "Buffalo Billion" initiative, with the judge saying his crime was offset by charitable giving and a cancer diagnosis.

  • December 3, 2018

    Egyptian Co. Wants $360M Award Enforced In Pipeline Fight

    East Mediterranean Gas SAE has asked a Washington, D.C., federal court to enforce an arbitration award of more than $360 million against two Egyptian state-owned energy companies, following a yearslong contract dispute over a gas pipeline.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 3, 2018

    Enviros Can’t Use CWA In Sewage Dumping Suit, Resort Says

    A New England resort has told a Massachusetts federal judge that its sewage disposal system isn’t subject to the Clean Water Act, slamming an environmental group’s suit over alleged pollution of Cape Cod’s waterways as an “unprecedented” attempt to expand federal control over septic systems.

  • December 3, 2018

    High Court Wants Gov't Input On Scope Of CWA Authority

    The U.S. Supreme Court asked the solicitor general on Monday to weigh in on two cases about whether the Clean Water Act applies to pollution that is discharged into groundwater that then reaches U.S. waters, requesting additional input on the scope of the law.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    5th Circ. Tells Judge To Reexamine Deposition Order

    A Fifth Circuit panel has refused to immediately grant a request by Mississippi's governor to block the deposition of his chief of staff in a suit over the management of the Medgar Wiley Evers International Airport, but said there were holes in the lower court’s analysis.

  • November 30, 2018

    Exxon, Enviro Group Should Sue EPA, Mass. Judge Says

    Exxon Mobil Corp. and an environmental group suing the energy giant over its Boston-area petroleum storage terminal should bring the U.S. Environmental Protection Agency into the case to see whether the 2011 permit for the terminal is still valid, a Massachusetts federal judge suggested at a hearing Friday.

  • November 30, 2018

    Polish, Danish Gas Cos. Ink Baltic Pipeline Deal

    A pair of European gas transmission system operators on Friday said they have agreed to build a 900 kilometer gas pipeline that will cross Denmark, Poland and Sweden.

  • November 30, 2018

    Gas Co. Asks 10th Circ. To Rethink Tribal Pipeline Ruling

    A gas pipeline company urged the full Tenth Circuit on Thursday to reconsider a circuit panel’s recent ruling that the company couldn’t condemn land in which the Kiowa Tribe has a small interest, saying the ruling and another Tenth Circuit decision could hamper gas pipeline development at a critical time.

  • November 30, 2018

    Baker Botts Steers Equitrans Midstream In $530M Deal

    Natural gas operator Equitrans Midstream, advised by Baker Botts LLP, set the stage Friday to take full ownership of EQGP for $530 million and unveiled a plan to simplify its structure after being spun off from EQT earlier this month.

  • November 30, 2018

    Taxation With Representation: Nixon, Kirkland, Skadden

    In this week’s Taxation with Representation, Nixon Peabody bought Oasis Outsourcing Acquisition Corp. for $1.2 billion, an ArcLight Energy subsidiary bought TransMontaigne Partners LP for $536 million, and Forrester bought SiriusDecisions for $245 million.

  • November 30, 2018

    Info Bid Moot In Panama Canal Expansion Row, Court Hears

    The government-owned agency that operates the Panama Canal again urged a New York federal court on Thursday to toss as moot a lawsuit filed by a contractor seeking information to be used in arbitration relating to a multi-billion dollar canal expansion project, saying the relevant proceeding has ended.

  • November 29, 2018

    NW Tribal Leaders Oppose Trans Mountain Pipeline

    Indigenous tribal leaders on both sides of the U.S.-Canada border spoke out in opposition Wednesday against the Trans Mountain pipeline expansion, telling energy regulators the project would nearly triple the number of oil tankers moving through the Salish Sea and harm critical feeding grounds for orcas.

  • November 29, 2018

    Puerto Rico Bankruptcy Fee Examiner Seeks More Scrutiny

    The firms representing Puerto Rico's public debtors and creditor committees in the territory's restructuring cases should be subject to new controls over their ability to bill for experts and receive rate increases, a fee examiner has reported.

  • November 29, 2018

    Brennan Investment To Build 1M-Sq.-Ft. Colo. Industrial Space

    Chicago-based private real estate investment firm Brennan Investment Group LLC on Thursday said it teamed up with New York Life Real Estate Investors to buy roughly 61 acres of land in Commerce City, Colorado, with plans to develop nearly 1 million square feet of warehouse space on the land.

Expert Analysis

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • REITs With International Operations Get Welcome IRS Ruling

    David Miller

    A revenue procedure released by the IRS in September provides important, albeit limited, relief to real estate investment trusts with international operations on certain unanswered questions, say David Miller and Christian Brause of Sidley Austin LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • 2 Possible High Court Approaches To Tribe Tax Dispute

    Catherine Munson

    Based on last week's oral arguments in Washington v. Cougar Den, it's likely that the outcome will turn on whether the U.S. Supreme Court considers Washington's fuel tax to be on the possession of fuel, or on the Yakama Nation's importation of fuel, say Catherine Munson and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • Next Steps For Oil And Gas Owners If Colo. Passes Prop 112

    Brent Owen

    On Tuesday, Colorado voters will decide whether to enact a ballot initiative that significantly restricts oil and gas development. If Proposition 112 passes, owners of oil and gas mineral interests will likely seek redress for the loss of their valuable property rights, says Brent Owen of Squire Patton Boggs LLP.

  • An In-Depth Guide To The Opportunity Zone Guidance: Part 2

    Marc Schultz

    Last month, the U.S. Department of the Treasury released proposed regulations for the new opportunity zone program. In the concluding part of this series, Marc Schultz of Snell & Wilmer LLP analyzes the guidance as it pertains to opportunity zone businesses and opportunity zone business property. 

  • An In-Depth Guide To The Opportunity Zone Guidance: Part 1

    Marc Schultz

    On Oct. 19, the U.S. Department of the Treasury released proposed regulations, a related revenue ruling and Form 8996 pertaining to the new opportunity zone program. In this two-part article, Marc Schultz of Snell & Wilmer LLP analyzes material portions of this highly anticipated guidance and highlights where guidance is still necessary.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • How The FAA Reauthorization Law Supports Airport Leasing

    John Schmidt

    Provisions in the recently passed Federal Aviation Administration reauthorization significantly enhance the ability of U.S. public entities to obtain the operational and financial benefits of private airport management by leasing airports to private airport operators, says John Schmidt of Mayer Brown LLP.