Project Finance

  • April 09, 2020

    Gas Co. Targets Depository Trust Co. In $2B Award Fight

    A Spanish natural gas company sought information Wednesday from The Depository Trust Company as it pursues litigation in England to enforce a more than $2 billion arbitral award against Egypt, stemming from a gas supply dispute.

  • April 09, 2020

    NJ Court Says $1.8M Is A Fair Price For Seized Landfill

    The New Jersey state appeals court affirmed Thursday that $1.8 million is a fair price for a state planning and zoning agency to pay the town of Kearny for a landfill parcel, rejecting the town's argument that the property's revenue potential made it worth far more.

  • April 09, 2020

    Enviros Can Restart Alaska Mine Suit Despite COVID-19 Stay

    An Alaska federal judge said Thursday that a suit by environmental and Native American groups challenging the Environmental Protection Agency's withdrawal of proposed restrictions on a gold and copper mining project can move forward despite a COVID-19-related stay.

  • April 09, 2020

    Oil Well Permits Didn't Need Enviro Review, Calif. Court Says

    California regulators did not violate state law by authorizing Aera Energy LLC to drill in a Kern County oil field without an environmental review, a state appeals court held Wednesday, rejecting claims from resident and environmental groups.

  • April 09, 2020

    SC Utility Ends $7M Insurance Dispute Over Pipeline Repairs

    A South Carolina utility has agreed to drop its $7 million claim against a pipeline contractor and insurer over damage that occurred during the drilling and installation of a polyvinyl chloride pipeline under the Kiawah River, the parties told a federal court Thursday.

  • April 08, 2020

    Ousted Factory CEO Urges Chancery To Open Path For Return

    Attorneys for Braidy Industries Inc. founder Craig T. Bouchard told Vice Chancellor Kathaleen S. McCormick during a teleconference proceeding that the company's directors flatly ignored a shareholder agreement allowing him to remove four other members of the board and reappoint a new majority, and instead improperly orchestrated his removal.

  • April 08, 2020

    Turning To Zoom, Texas Justices Hear $1.7M Negligence Spat

    Texas Supreme Court justices heard their first oral arguments in court history via Zoom on Wednesday while attempting to delineate whether a jury or judge has the power to decide an injured offshore drilling platform worker’s “borrowed employee” status in a $1.7 million negligence suit against W&T Offshore Inc.

  • April 08, 2020

    Full 10th Circ. Won't Rethink Holding Refiners To Biofuel Regs

    The Tenth Circuit won’t reconsider its decision to junk exemptions the U.S. Environmental Protection Agency granted to three refineries that temporarily absolved them from having to blend renewable fuels into their products.

  • April 08, 2020

    Port Of LA, Union Accused Of Forcing Out Developer

    The Port of Los Angeles, its director and the union representing dockworkers there were sued in California federal court by a company alleging that its contract to develop and improve certain port infrastructure was terminated due to pressure from organized labor.

  • April 08, 2020

    FERC Tells 2nd Circ. NY Missed Year Deadline In CWA Review

    The Federal Energy Regulatory Commission has told the Second Circuit that when New York environmental regulators waited more than a year to deny a Clean Water Act permit for a roughly $500 million natural gas pipeline project, the state violated a “bright line” time limit to act.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    PG&E Judge Won't OK COVID-19 Letter Co. Atty Called 'Silly'

    A California judge overseeing Pacific Gas and Electric Co.'s bankruptcy declined Tuesday to approve a letter informing Northern California wildfire survivors that COVID-19 has hammered PG&E shares and reduced a $13.5 billion victims settlement fund, after a PG&E attorney slammed opposing counsel's "silly letter" as an effort to kill the deal.

  • April 07, 2020

    ND Judge Tosses Tribe Members' Pipeline Trespass Suits

    A North Dakota federal judge has tossed two proposed class actions by Three Affiliated Tribes members claiming an oil pipeline illegally runs through their land on the Fort Berthold Reservation, ruling the U.S. Department of the Interior's review of the member claims must play out.

  • April 07, 2020

    Client's New Firm Not Liable For Old Atty's Share Of Fees

    A Pennsylvania appeals court issued a published decision on Tuesday finding that Spector Gadon & Rosen PC should have targeted its former client — not the client's new firm — for the share of fees it's owed for work on a case that was handed off prior to settlement.

  • April 07, 2020

    Investors Want Ill. Project Owners To 'Start Telling The Truth'

    Chinese investors said Monday that the only way they’ll learn what happened to $49.5 million they poured into a failed Chicago real estate project is if an Illinois federal judge sanctions the project owners until they finally fess up.

  • April 07, 2020

    Turkmenistan Beats $76M Industrial Projects Contract Claim

    Turkmenistan has fended off a €70 million ($76.28 million) claim asserted by a Turkish engineering and construction firm over several soured industrial project contracts with Turkmenistan state entities when an international tribunal concluded the claims were "manifestly without legal merit."

  • April 07, 2020

    US Report Projects Historic Drop In Oil Production

    The combined effects of the novel coronavirus and a Saudi Arabia-Russia price war will cause annual U.S. oil production to decrease for the first time since 2016 and once again make the nation a crude oil and petroleum product importer, the government said in a report Tuesday.

  • April 07, 2020

    Hess Can't Shake Claim Over Pollution At NJ Oil Refinery

    Environmental regulators can pursue a common law strict liability claim against Hess Corp. over contamination at an oil refinery in New Jersey since the company was engaged in "abnormally dangerous" activities by storing and processing petroleum at the site, a state appellate panel said Tuesday in reviving that claim.

  • April 07, 2020

    DC Circ. Nixes Md. County's Bid For Air Service Subsidies

    The D.C. Circuit on Tuesday rejected a Maryland county's bid to snag federal subsidies for flights at Hagerstown Regional Airport, saying the U.S. Department of Transportation properly refused to give it another pass for failing to meet the minimum requirements year after year.

  • April 07, 2020

    Venezuela Wants $42M Award Fight Nixed Over Bad Service

    Venezuela has urged a D.C. federal court to toss litigation seeking to enforce a $42 million arbitral award against it, saying French plastics company Saint-Gobain Performance Plastics Europe did not properly serve it.

  • April 07, 2020

    DC Circ. Sinks Challenge To EPA Emissions Policy Change

    The Sierra Club can't challenge a U.S. Environmental Protection Agency guidance that allows an easier permit review process for projects that won't significantly increase air pollution because it's not a final agency action, the D.C. Circuit said Tuesday.

  • April 07, 2020

    Energy Transfer, Investors Want Pipeline Bribery Suits Joined

    Energy Transfer LP and two sets of investors have asked a Texas federal court to join a pair of nearly identical shareholder lawsuits alleging the pipeline company may have bribed Pennsylvania officials to score key environmental permits.

  • April 07, 2020

    Chancery Bars Port Owner From Blocking Gas Tank Access

    A Delaware vice chancellor temporarily barred the operator of the port of Wilmington from blocking access to fuel storage tanks after the tanks’ owner sought injunctive relief from the court after access was denied over a fee dispute.

  • April 07, 2020

    Enviros Seek Restart In Alaska Mine Suit Despite Virus Pause

    Native American and environmental groups have urged an Alaska federal judge to quickly lift a coronavirus-related stay on their suit challenging the Environmental Protection Agency's decision to withdraw proposed restrictions on Alaska's massive Pebble Mine project.

  • April 07, 2020

    Chancery Opens Door Wider For $1.5B Energy Co. Deal Probe

    Citing an earlier waiver of privilege, the Delaware Chancery Court on Tuesday ordered expanded class attorney rights to documents related to an advisory opinion prepared by Baker Botts LLP used to justify a $1.5 billion Boardwalk Pipeline Partners LP call in and buy-up of common partnership shares by a controlling investor in 2018.

Expert Analysis

  • What COVID-19 Means For Opportunity Zone Projects

    Excerpt from Lexis Practice Advisor
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    Opportunity zone project owners nervous about upcoming deadlines can expect some leniency from the U.S. Department of the Treasury in light of the current pandemic conditions; but raising capital will likely get harder, says Jessica Millett at Duval & Stachenfeld.

  • Key Risks For Green Bond Issuers When Plans Change

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    Green bond issuers struggling to adhere to their frameworks amid a pandemic-prompted economic downturn should prioritize communication with investors consistent with their reporting obligations under the relevant securities laws, contracts and listing rules, say attorneys at Latham.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Fracking Decision Strengthens Precedent On Forced Pooling

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    A Colorado federal court's ruling last month in Wildgrass Oil & Gas Committee v. State of Colorado joins several recent decisions confirming that forced pooling of mineral interests is legal in the context of hydraulic fracturing, says Russell Gips at Copeland & Rice.

  • Coronavirus Pandemic Highlights Value Of Data Centers

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    The COVID-19 crisis has elevated the profile of data centers due to the massive increase in the volume of telecommunication, data processing and storage, and other online activities, say Michael Rechtin and Michael Merar at Seyfarth.

  • Oil And Gas Cos. Must Prepare For Counterparty Bankruptcies

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    With many U.S. oil and gas producers, midstream companies and oil field service businesses struggling to survive the economic shocks from COVID-19 and the Saudi Arabia/Russia standoff, players in this space should be ready for counterparties to seek bankruptcy protection, say attorneys at Reed Smith.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

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    The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • COVID-19 And Construction Stormwater Discharge Permits

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    As some state and local jurisdictions have begun to direct that construction projects shut down due to COVID-19 concerns, questions have arisen about contractors’ ongoing obligations under their projects’ National Pollutant Discharge Elimination System construction stormwater discharge permits, says Nick Hoogstraten at Peckar & Abramson.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

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