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Project Finance

  • November 2, 2018

    Taxation With Representation: Skadden, Sullivan, Kirkland

    In this week’s Taxation With Representation, IBM nabs Red Hat for $34 billion, Denbury Resources scoops energy producer Penn Virginia for $1.7 billion, Quad/Graphics Inc. inks $1.4 billion deal for LSC Communications and Encana Corp. takes over Newfield Exploration Co. for $5.5 billion.

  • November 2, 2018

    Investors Say TerraForm Can't Use Option To Kill $57M Deal

    Investors in renewable energy power plant company TerraForm Global Inc. on Thursday told a New York federal court the company was wrong to say it should be able to terminate a $57 million settlement that resolved claims the company made misrepresentations in its initial public offering documents because there were too many investor opt-outs.

  • November 2, 2018

    I Squared Gives $500M, Midstream Co. For EagleClaw Tie-Up

    Blackstone-backed EagleClaw Midstream Ventures LLC on Friday said private equity firm I Squared Capital will make a $500 million investment and hand over one of its portfolio companies as part of the private equity firm’s new partnership with EagleClaw’s parent company.

  • November 1, 2018

    Wis. Shareholders Allege Fraud In Family's Construction Co.

    A Wisconsin road construction company has refused to offer two shareholders trying to sell their portion of the business a fair price, possibly costing them millions of dollars, the pair said Thursday in a federal lawsuit that accuses members of their own family of fraud.

  • November 1, 2018

    Feds Say Individual Gold King Mine Claims Must Go

    The U.S. Department of Justice asked a New Mexico federal court Thursday to throw out allegations made by individuals in the Southwest and members of the Navajo Nation related to the 2015 Gold King Mine spill, arguing the government is immune from the Federal Tort Claims Act claims.

  • November 1, 2018

    No Trump Bailout Needed To Keep Grid Stable, PJM Says

    PJM Interconnection, the nation's largest regional grid operator, said Thursday that the imminent retirement of coal and nuclear power plants within its territory won't harm future grid reliability and that efforts by the Trump administration to keep those and other plants open aren't needed.

  • November 1, 2018

    Tribe Presses To Beef Up Michigan Mine Permit Suit

    The Menominee Indian Tribe of Wisconsin told a federal judge Thursday that the U.S. Environmental Protection Agency must face new claims in the tribe’s suit over a Michigan state permit for a proposed mine, saying the agency’s decision to withdraw its objections to the permit can be challenged in court.

  • November 1, 2018

    Pittsburgh To Appeal Order To Release Amazon HQ2 Bid

    A Pittsburgh spokesperson said Thursday the city and Allegheny County intend to appeal after a Pennsylvania judge ruled the municipalities must publicly unveil the region's bid to woo Amazon's $5 billion second headquarters.

  • October 31, 2018

    Reorganized Westinghouse Must Return $166M: Ch. 11 Estate

    The Chapter 11 estate of Westinghouse Electric has asked a New York bankruptcy court to force the nuclear power plant builder and its new owner, Brookfield Business Partners LP, to return $134 million that was supposed to be used to pay subcontractors but that Brookfield is allegedly trying to pocket.

  • October 31, 2018

    In Immunity Case, Justices Ask What Meaning Of Word 'Is' Is

    The U.S. Supreme Court wrestled with the scope of immunity that international organizations like the World Bank and International Monetary Fund enjoy during oral arguments in a tort case Wednesday, trying to decipher the meaning of the word "is" in a 73-year-old statute.

  • October 31, 2018

    Fla. Utility Can't Move Irma Outages Suit To State Regulator

    Florida Power & Light Co. lost its bid Wednesday to send a class action filed by customers who experienced prolonged power outages after Hurricane Irma to the state’s public utility regulator, as a Florida appeals court said the suit belongs in state court where the customers can request damages.

  • October 31, 2018

    Pacific Drilling Gets Court Approval Of Ch. 11 Plan

    Pacific Drilling SA is set to put its Chapter 11 case in the rear view after receiving New York bankruptcy court approval Wednesday to restructure $3 billion in debt through a plan of reorganization and seed the company with $400 million in cash going forward.

  • October 31, 2018

    Transco Pipeline Access Is Constitutional, 3rd Circ. Says

    The Third Circuit has backed Transco’s immediate access to various Pennsylvania properties for its natural gas pipeline upgrade through five states, ruling in a precedential decision Tuesday that a lower court’s interpretation of federal natural gas law didn’t violate the separation of powers model established by the U.S. Constitution.

  • October 31, 2018

    Gov't Use Of 'Smart City' Data Is A Concern, O'Rielly Says

    The government's potential misuse of citizens' data that surfaces in the development of so-called smart cities should worry privacy advocates more than what commercial entities might do with that information, Federal Communications Commission member Michael O'Rielly said in planned remarks at a policy event.

  • October 31, 2018

    Enviros, Utilities Cross Swords Over EPA's La. Haze Plan

    Environmental groups and utilities swapped dueling briefs in Fifth Circuit litigation challenging the U.S. Environmental Protection Agency's approval of a regional haze reduction plan for Louisiana, with each side arguing that the other's objections to the EPA's decision are baseless.

  • October 31, 2018

    Atty-CEO Charged In $84M Haitian Port Bribery Plot

    Federal prosecutors have charged an attorney who heads a Haitian development and reconstruction company with violating the Foreign Corrupt Practices Act, alleging he took part in a scheme to bribe Haitian officials to smooth the way for an $84 million port project.

  • October 31, 2018

    NY Wheel Builder To Seek Ch. 11 Sale Of Project Components

    Mammoet-Starneth LLC told a Delaware bankruptcy court judge Wednesday that it will pursue a Chapter 11 sale of the manufactured components of the large observation wheel it was contracted to build in New York City after the project developer couldn’t secure alternative funding.

  • October 30, 2018

    Justices Mull Tribal Treaty Rights Under Wash. Tax Regime

    The U.S. Supreme Court appeared divided Tuesday on whether a company organized under tribal law must pay a fuel tax to the state of Washington, with the justices focused on nailing down exactly what activity the state is seeking to tax and to what extent the Yakama Nation’s treaty rights should outweigh the state’s interest.

  • October 30, 2018

    NY Wheel Builder To Chart Ch. 11 Course After Failed Deal

    The bankrupt design-build firm behind a large observation wheel project in New York City will update a Delaware judge on the status of its Chapter 11 case after the project's developer was unable to secure financing to continue the project and terminated a settlement among the parties.

  • October 30, 2018

    FERC Can't Carry Water For Trump Agenda: Commissioner

    The Trump administration's desire to prop up struggling coal and nuclear power plants shouldn't be fulfilled at the expense of the Federal Energy Regulatory Commission's long-standing reputation as an independent, nonpartisan regulator, Commissioner Richard Glick said Tuesday.

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • High Court Unlikely To Solve ESA Issues In Frog Habitat Case

    Angela Levin

    After U.S. Supreme Court oral arguments last week in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service — questioning whether the FWS can designate land currently unoccupied by the dusky gopher frog as critical habitat under the Endangered Species Act — it seems the decision is primed for a 4-4 split, say Angela Levin and Andrea Wortzel of Troutman Sanders LLP.

  • Autonomous Ships: Coming Soon To A Port Near You

    Micah Dawson

    With almost 75 percent of marine liability losses being a result of human error, companies are increasingly interested in the development of autonomous ships. While fully autonomous vessels could offer a competitive advantage by allowing elimination of shipboard crew, hiring and training of capable shoreside support staff will be essential, says Micah Dawson of Fisher Phillips LLP.

  • Limiting The Scope Of Discovery Through Contract

    Brian Koosed

    Carefully drafted provisions in M&A and other transaction documents can be used to preemptively restrict some of the parties’ discovery rights in future litigation. There is strong reason to believe that courts will find such provisions to be enforceable, say attorneys with K&L Gates LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Energy Storage: Ready For Takeoff

    Stuart Solsky

    Energy storage has been called the “Swiss army knife” of the electric grid because of the many services it can perform, enhancing both traditional and renewable electric generation. Recent federal and state regulatory developments mean that energy storage is poised to be a major game changer in electric power markets, say attorneys with Baker Botts LLP.

  • How US And EU Sanctions Clash With Russian Antitrust Laws

    Stefan Weber

    U.S. and EU sanctions on Russia are forcing many international companies to carefully evaluate and restructure their contractual relationships with Russian counterparties. In this process, Russian antitrust law provides obstacles that may be difficult to overcome in some situations, say attorneys with Noerr Consulting AG.