Project Finance

  • September 22, 2020

    Fla. Asphalt Co. To Pay $16.6M Over South American Bribes

    A Florida asphalt company will pay $16.6 million in connection with an agreement to plead guilty to paying bribes to state-owned oil companies in South America in exchange for access to government contracts, federal prosecutors in Brooklyn said Tuesday.

  • September 22, 2020

    Texas Fracking Co. FTS Hits Ch. 11 With $535M Debt

    FTS International Inc. sought Chapter 11 protection in Texas late Tuesday, saying that it has a proposal in hand to restructure or shed the oil and gas well-completion venture's $535.3 million debt under a largely debt-to-equity plan developed with major creditors.

  • September 22, 2020

    States Say EPA Has Right To Rescind Calif. Auto Waiver

    Texas and several other states on Monday filed a brief in support of the U.S. Environmental Protection Agency's decision to rescind California's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • September 22, 2020

    House Dems Slam Pentagon's Pursuit Of Spectrum Sharing

    A pair of House Democrats on Monday criticized the U.S. Department of Defense for floating a trial balloon to push the creation of a government-run next-generation wireless network, saying it would hobble U.S. competitiveness in the global race to deploy 5G.

  • September 22, 2020

    FERC Market Rule Is A Clean Energy Game-Changer

    The Federal Energy Regulatory Commission gave small-scale technologies such as rooftop solar panels and electric vehicles a major boost with a rule letting them fully access wholesale electricity markets, though the rule's implementation will determine how much of a clean energy game-changer it is. Here, energy policy experts discuss five key takeaways from FERC's recently finalized rule on aggregated distributed energy resources.

  • September 22, 2020

    More Than 3,300 Importers Energized To Erase China Tariffs

    A push to undo the bulk of President Donald Trump's tariffs on Chinese goods has swelled to include more than 3,300 lawsuits in the U.S. Court of International Trade as importers pin their hopes on a mostly procedural challenge to invalidate a central pillar of Trump's trade policy.

  • September 22, 2020

    Top EU Court Clears UK State Aid To Hinkley Nuclear Project

    The European Union's top court on Tuesday rejected an attempt by Austria to block British support for a major nuclear energy project, finding that the British government did not breach state aid rules.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    DC Circ. Asked To Examine Approval Of $45B LNG Project

    Two conservation groups infuriated by the Federal Energy Regulatory Commission's recent approval of the Alaska liquefied natural gas project, which includes a 807-mile pipeline, asked the D.C. Circuit on Monday to examine the agency's decision and its refusal to grant a rehearing request.

  • September 21, 2020

    Green Group Threatens To Sue Calif. For 'Illegal' Oil Permits

    The Center for Biological Diversity on Monday warned California Gov. Gavin Newsom that unless his administration immediately stops issuing permits to oil and gas wells in the state illegally, he can expect to see the group in court.

  • September 21, 2020

    3 Times Ginsburg Led The Way On Environmental Law

    U.S. Supreme Court Justice Ruth Bader Ginsburg will be best remembered for her fierce support of gender equality and civil rights, but she made her mark on environmental law as well, authoring opinions that established citizens' right to sue polluters under the Clean Water Act and the government's right to regulate cross-state air pollution.

  • September 21, 2020

    Texas High-Speed Rail Clears Federal Enviro Review

    A high-speed rail line that would connect Dallas and Houston passed two major milestones, including completing a federal environmental review, as the long-fought project moves closer to beginning construction in 2021, developers announced Monday.

  • September 21, 2020

    Power Plant Designer Can't Slip Suits Over Fatal Pa. Gas Leak

    The companies that designed and built part of a Pittsburgh-area power plant can't escape a trio of lawsuits brought after a 2017 gas leak killed and injured workers, a Pennsylvania federal judge ruled Monday.

  • September 21, 2020

    Angola Says Energy Co. Must Arbitrate $1.1B Forgery Suit

    An Angolan energy company's accusations that the country relied on forged documents to cancel a $1.1 billion partnership and seize four energy turbines belong in arbitration, the Angolan government told a New York federal court.

  • September 21, 2020

    Feds Lose Bid To Dump Environmental Review Overhaul Suit

    A Virginia federal judge on Monday rejected the Trump administration's request to bring a quick end to what it had called a premature challenge from conservation groups to its overhaul of the National Environmental Policy Act.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    Solar Group Fights FERC Overhaul Of Utility Power Deal Rules

    A solar energy trade group urged the Ninth Circuit to undo federal regulators' changes to a law that requires utilities to buy power from small-scale renewable energy producers, arguing the policy shift stifles competition and solar development opportunities.

  • September 18, 2020

    Green Groups Seek To Block Coal Work In Colo. Forest

    Environmentalists on Friday urged a Colorado federal judge to immediately order a coal mining company to stop clearing land for a new project, following an order from the state that may allow it to do so.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Equator Principles Update: What Energy Cos. Should Know

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    An Oct. 1 update to the Equator Principles will bring significant changes to the environmental, social and governance framework, and energy projects receiving loans of as little as $50 million must now prepare for compliance, says Jillian Kirn at Greenberg Traurig.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Lessons From Md.'s Purple Line For Public-Private Contracts

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    Recent litigation over the Purple Line light rail project in the Maryland suburbs of Washington, D.C., illustrates why unambiguous contracts are a must when private and public entities enter into a partnership to develop critical infrastructure, says Laura Fraher at Shapiro Lifschitz.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • What NY Tax Ruling Means For Solar Power Developers

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    While a New York state appeals court recently ruled in Cornell University v. Board of Assessment Review that a solar photovoltaic system is taxable real property, solar developers may be able to mitigate this tax burden with careful planning, says Kaitlin Vigars at Phillips Lytle.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Now Is The Time To Engage With NY Climate Reg Process

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    New York state is rapidly mobilizing to implement the extraordinary greenhouse gas emission reductions required by the Climate Leadership and Community Protection Act, so stakeholders must engage quickly to influence how the law's broad mandates are turned into enforceable regulations, say Kevin Healy and Philip Karmel at Bryan Cave.

  • Liability For Incidental Migratory Bird Killings Still In Flux

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    Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.

  • Why Texas Developers Should Monitor School Tax Changes

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    Large Texas taxpayers building capital-intensive projects need to account for recent school district tax legislation because projects with property tax incentive agreements under a popular state economic development program may be impacted as elements of the new school finance regime are applied for the first time, say Matt Larsen and Bucky Brannen at Baker Botts.

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