Project Finance

  • January 17, 2020

    PR Board Says Bondholders Can't Claim Highway Money

    Puerto Rico's financial oversight board is continuing its fight with the bondholders and insurers of the island's highway authority by filing another adversary action to block their attempt to stake a claim on tax revenues for tolls and fuel.

  • January 17, 2020

    Calif. Jumps Into Fight With Feds Over Fracking Impact

    California on Friday joined environmental groups in accusing the federal government of failing to properly assess the environmental and health impacts of hydraulic fracturing on more than 1 million acres of land in the Golden State now open for oil and gas development.

  • January 17, 2020

    US Chamber Wants To 'Neuter' Judges, Sens. Tell 1st Circ.

    Rhode Island and Massachusetts senators fired back against the U.S. Chamber of Commerce's arguments at the First Circuit that a climate change suit against Shell, ExxonMobil and other energy giants belongs in federal court, arguing that the chamber is self-interested and wants to "neuter the judicial branch" to benefit fossil fuel funders.

  • January 17, 2020

    No Standing For Kids In Climate Case, 9th Circ. Says

    The Ninth Circuit said Friday that although a group of children would have a strong enough case to go to trial on claims their future is endangered by the federal government's failure to act to curb climate change, courts simply don’t have the power to fix those policies.

  • January 16, 2020

    DC Judge Appears Wary Of Blocking EB-5 Program Overhaul

    A D.C. federal judge does not seem likely to move to preliminarily block the Trump administration's overhaul of the EB-5 investor visa program after a hearing on Thursday afternoon.

  • January 16, 2020

    Bridgegate's 'Commandeering Fraud' Is A Legal Neologism

    An attorney arguing the Bridgegate case before the U.S. Supreme Court coined the term "commandeering fraud" to describe what attorneys say is otherwise known as the "right to control" theory of wire fraud — a disputed doctrine that may play a role in the case's outcome.

  • January 16, 2020

    NJ Tax Break Oversight Shoddy, Needs Overhaul, Report Says

    A permissive culture of “getting to yes” plagued the New Jersey agency tasked with administering corporate state tax incentives, allowing for improper awards through deficient processes, a report released Thursday found in recommending a major overhaul.

  • January 16, 2020

    2 States Accuse EPA Of Inaction Over Upwind Pollution

    New York and Connecticut told a federal court Thursday that the U.S. Environmental Protection Agency had ignored its obligation to impose ozone emissions reductions on certain states whose pollution makes it harder for areas that lie downwind to comply with the Clean Air Act.

  • January 16, 2020

    Wash. Top Court Limits Scope Of State GHG Emissions Cap

    Washington state's highest court on Thursday ruled in a split decision that the state can't cap greenhouse gas emissions from refiners and other oil and gas companies that sell products that produce GHGs, saying state law only allows regulation of entities that directly emit such emissions.

  • January 16, 2020

    Mexico Must Share Quinn Emanuel Probe Info In $700M Case

    Mexico must disclose whether it's investigating alleged improprieties committed by Quinn Emanuel Urquhart & Sullivan LLP stemming from its representation of U.S. investors seeking at least $700 million from the country in arbitration over terminated oil rig lease agreements, an international tribunal has ruled.

  • January 16, 2020

    SEC Urges Justices Not To Cuff Its Disgorgement Power

    The U.S. Securities and Exchange Commission told the U.S. Supreme Court that closing off the agency's ability to obtain disgorgement in federal court cases would throw a wrench into enforcing securities law, pushing back against challengers that argue such relief strays beyond the bounds of the agency's statutory authority.

  • January 16, 2020

    Justices Told $7B Pipeline Can't Cross Appalachian Trail

    Conservation groups told the U.S. Supreme Court on Wednesday that the Appalachian National Scenic Trail is clearly part of the National Park System, which means the U.S. Forest Service didn't have the authority to grant developers of the $7 billion Atlantic Coast gas pipeline a right-of-way across the trail.

  • January 16, 2020

    Investors Say PNC Was 'Intimately Involved' In EB-5 Fraud

    A group of Chinese investors asked a Florida federal judge on Wednesday not to let PNC Bank walk away from a lawsuit accusing it of being "intimately involved" in a fraud scheme that misappropriated the investors' funds by hijacking the EB-5 visa program.

  • January 15, 2020

    Fla. Judge Hands Win To Hotel Owner In Feud With Ex-Partner

    A Florida judge handed a win to the current owner of Miami Beach's Z Ocean Hotel in a long-running dispute with the original developer of the project when he found that the developer lied about his assets to induce investment in the project.

  • January 15, 2020

    Skepticism Greets Bid To Hold Lender Liable In India Damage

    A D.C. federal judge seemed dubious about holding a private-sector lending arm of the World Bank solely accountable for environmental damages caused by a coal-fired power plant it financed in India, suggesting Wednesday that doing so would conflict with U.S. Supreme Court precedent.

  • January 15, 2020

    Dems Vow Another Vote To End Trump's Border Emergency

    A group of top Senate Democrats vowed Wednesday to hold another vote to terminate President Donald Trump's national emergency declaration amid reports that he plans to divert another $7.2 billion in defense funds toward the construction of a wall along the U.S.-Mexico border.

  • January 15, 2020

    Electric Co-Ops Ditch Plans For $2.8B Coal Plant In Kansas

    A pair of electricity co-operatives on Wednesday pulled the plug on a long-planned $2.8 billion coal-fired power plant in Kansas despite a previous blessing from the state's highest court for the facility's construction.

  • January 15, 2020

    Final CFIUS Regs Ready New Era Of Inbound Deal Scrutiny

    Final regulations to overhaul the Committee on Foreign Investment in the United States offer special treatment to three countries and provide more guidance to investment funds while allowing for future adjustments on how the U.S. screens deals for national security concerns.

  • January 15, 2020

    PG&E Asks Court To Reject Challenge To $24B Settlements

    PG&E has asked a California bankruptcy judge to reject a bondholder group’s challenge to more than $24 billion in settlements for damages caused by California's 2017 and 2018 wildfires, saying the bondholders have no new arguments or evidence.

  • January 15, 2020

    Dentons Sees No Deal On Horizon In Guinea Fee Fight

    Dentons told a D.C. federal judge Tuesday that the firm is not close to reaching a settlement with the Republic of Guinea in a fight over an unpaid $10 million legal bill, despite assertions to the contrary from the defense.

  • January 15, 2020

    Enviros Say 'Cancer Alley' Plastics Plant Needed Closer Look

    Green groups on Wednesday accused the Army Corps of Engineers of failing to evaluate the environmental and health impacts of permitting a Formosa Plastics Corp. petrochemical facility in a heavily industrialized region of Louisiana known as "Cancer Alley."

  • January 15, 2020

    Mayors Tell 10th Circ. Climate Case Belongs In State Court

    A nationwide mayors' group and environmentalists are asking the Tenth Circuit to reject ExxonMobil and Suncor Energy's bid to move from state to federal court a lawsuit filed by Boulder, Colorado, that seeks to hold the companies liable for climate change-related infrastructure damages.

  • January 15, 2020

    AK Steel Investor Sues To Block $1.1B Cleveland-Cliffs Deal

    An AK Steel investor sued to stop the manufacturer’s pending $1.1 billion acquisition by Cleveland-Cliffs Inc., telling a Delaware federal court that the companies and their boards omitted key information from regulatory disclosures.

  • January 14, 2020

    Philly Refinery Backs Senior Lender In $1.25B Insurance Fight

    The owner of the idled Philadelphia Energy Solutions refinery told a Delaware judge Tuesday that other creditors can't "leap frog" over term loan lenders that it argues have priority rights to $1.25 billion in insurance proceeds to cover business interruption costs following a massive explosion that blasted the owner of a Philadelphia oil refinery into Chapter 11 last year.

  • January 14, 2020

    Supreme Court Zeros In On Bridgegate Jury Instructions

    The U.S. Supreme Court on Tuesday took aim at the jury instructions in the so-called Bridgegate case, challenging the government about what jurors were told with respect to one former public official’s authority to realign lanes to the George Washington Bridge under the alleged ruse of conducting a traffic study.

Expert Analysis

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Liquefied Natural Gas: A Power Solution For Isolated Markets

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    A survey of recent liquefied natural gas power projects demonstrates that they are an excellent solution for reducing the carbon footprint of electricty generation activities in isolated markets, say David Lang and Carli Gish of King & Spalding.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • 2020 Will Be Bullish For Tribal Clean Energy Development

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    Technological advancements, increasing federal support and favorable market trends should all help to create substantial opportunities for tribal clean energy development efforts in 2020, says Pilar Thomas of Lewis Roca.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.