Project Finance

  • June 02, 2020

    JPMorgan, Barclays To Pay Mexican Bond Investors $20.7M

    JPMorgan Chase and Barclays PLC will pay a combined $20.7 million in what bondholders call "icebreaker" settlements of claims that the banks participated in a sweeping conspiracy to rig Mexican government bond prices, according to court filings.

  • June 02, 2020

    Grid Cos. Fight Revamped FERC Transmission Rate Reviews

    Midwestern electric transmission owners who had their investor returns slashed after the Federal Energy Regulatory Commission revised its formula for determining whether such returns are just and reasonable petitioned the D.C. Circuit on Monday to review the agency's orders containing the policy shift.

  • June 02, 2020

    Mo. High Court Nixes Kan. City Chiefs' Taxes On Field Revamp

    The Kansas City Chiefs aren't liable for nearly $1 million in sales and use taxes on items used to renovate their football stadium, the Missouri Supreme Court ruled Tuesday, finding the team wasn't the purchaser of the goods in dispute.

  • June 02, 2020

    Pipeline Row Kept In Texas, Ending Venue Tug Of War

    A case could be made for litigating a pipeline delay dispute involving a Oneok Inc. affiliate in multiple jurisdictions along the pipeline's 80-mile route, but the first-to-file rule places jurisdiction squarely in Texas federal court, a judge there has ruled.

  • June 01, 2020

    5th Circ. Told Texas Power Grid Law Is Unconstitutional

    A new Texas law that only allows incumbent transmission companies to build new power lines is an example of "blatant discrimination by statute" and should be struck down as unconstitutional, an attorney for a NextEra Energy Inc. unit told the Fifth Circuit on Monday.

  • June 01, 2020

    IRS Rules Would Open Doors For Carbon Capture Projects

    Proposed IRS rules on the carbon capture tax credit would allow another avenue for businesses to prove they meet the credit's requirements for enhanced oil recovery projects, which would provide flexibility for projects without jettisoning monitoring, reporting and verification standards.

  • June 01, 2020

    Texas Energy Co. Gets $1M Award From Profits Row OK'd

    A federal court has confirmed a Texas energy company's 5.8 million Brazilian real (roughly $1 million) victory in arbitration over misappropriated profits following a sale agreement. 

  • June 01, 2020

    Feds Sue Contractor For False Claims On NJ Turnpike Project

    The U.S. government has sued a construction company and accused it of violating the False Claims Act by claiming to work with businesses run by socially and economically disadvantaged individuals during its time as a subcontractor on a New Jersey Turnpike project.

  • June 01, 2020

    Texas Can't Reverse $28.8M Jury Verdict Over Highway Project

    The state of Texas lost a bid to undo a $28.8 million jury award in a lawsuit brought against it by a developer who said the Grand Parkway toll road project and the related condemnation of 40 acres tanked the value of the site for a proposed residential development.

  • June 01, 2020

    EPA Defends Easing Pollution Enforcement Policy For Virus

    The U.S. Environmental Protection Agency told a federal court that environmental groups suing it for relaxing how it handles pollution standards noncompliance during the coronavirus outbreak are seeking unreasonable relief for a hypothetical injury.

  • June 01, 2020

    EPA Finalizes Restraints On State, Tribal Water Permit Power

    The U.S. Environmental Protection Agency on Monday hobbled the authority of states and tribes to block projects like pipelines, export terminals and dams over Clean Water Act concerns, saying the power had been abused to unfairly restrict commerce.

  • June 01, 2020

    Justices Revive GE Unit's Arbitration Bid In Steel Plant Row

    The U.S. Supreme Court on Monday concluded that a French unit of General Electric Co. may be able to force arbitration of a multimillion-dollar dispute with an Alabama steel plant owner despite not signing an underlying arbitration agreement, reversing an Eleventh Circuit decision.

  • June 01, 2020

    Templar Energy Hits Ch. 11 Over COVID-19 Impact On Oil Price

    Oklahoma-based oil and gas driller Templar Energy filed for Chapter 11 protection in Delaware Monday with a plan to liquidate its assets after reeling from oil and gas price disruptions prompted by the COVID-19 pandemic.

  • June 01, 2020

    High Court Upholds Puerto Rico Financial Oversight Board

    The U.S. Supreme Court on Monday unanimously ruled that members of Puerto Rico's Financial Oversight and Management Board do not require U.S. Senate approval because the board's handling of the island's $125 billion bankruptcy is limited to Puerto Rico's fiscal issues and it only exercises local, territorial authority.

  • May 29, 2020

    5th Circ. Agrees With EPA's Review Of Exxon Refinery Permit

    The Fifth Circuit on Friday upheld the U.S. Environmental Protection Agency's decision not to oppose Exxon Mobil Corp.'s air pollution permit application to enlarge a Texas petrochemical plant, rejecting arguments the permit should have received more scrutiny.

  • May 29, 2020

    Corporate Bond Rush Brings A Big Wave Of Firsts

    The tidal wave of corporate debt offerings in recent months has enabled companies to raise billions in cash and gain much-needed breathing room to navigate the coronavirus pandemic, setting records and ushering in several first-of-their kind deals along the way.

  • May 29, 2020

    Native American Tribes Sue Feds Over Keystone Pipeline

    Two Montana-based Native American tribes filed a lawsuit against the U.S. government on Friday challenging the approval of an oil pipeline being built near the Fort Peck Indian Reservation, claiming federal agencies failed to consider how the project would impact the tribes.

  • May 29, 2020

    RI Says 9th Circ. Agrees Climate Suit Belongs In State Court

    Rhode Island told the First Circuit that a pair of recent Ninth Circuit decisions lend support to its argument that a lower court correctly sent back to state court the state's lawsuit seeking to pin climate change-related infrastructure costs on energy giants like Chevron.

  • May 29, 2020

    Borrowers Denied Cert. In Green Home Loans Suit

    A federal judge in California on Thursday denied a bid for class certification in a suit accusing a green home upgrades financing company of misrepresenting the terms of its loans, telling the borrowers they didn't show they had actually viewed various versions of the company's alleged misrepresentations.

  • May 28, 2020

    Remanding Mass. Exxon Climate Case Clear Call, Judge Says

    A Massachusetts federal judge said Thursday the state attorney general's suit claiming ExxonMobil Corp. lied to investors and the public about climate change-associated risks relies on "mundane theories of fraud" that can be litigated in state court.

  • May 28, 2020

    Anadarko Can't Duck Wyoming Landowners' Antitrust Suit Yet

    Anadarko Petroleum Corp. hasn't mounted a strong enough case to convince a Wyoming federal court to dismiss claims that the company has been collecting drilling permits it doesn't intend to use in order to keep others from profiting off certain swaths of land.

  • May 28, 2020

    9th Circ. Bars Pipelines From Water Permit During Appeal

    New oil and gas pipeline projects can't use an expedited Clean Water Act permitting process while the federal government and Keystone XL pipeline developer appeal a judge's order barring the use of the permit, the Ninth Circuit said Thursday.

  • May 28, 2020

    Clean Energy Tax Credit Delays Give Builders Breathing Room

    The U.S. Treasury Department on Wednesday formally announced an extension of eligibility deadlines for renewable energy tax credits, easing the minds of coronavirus-impacted wind and solar developers worried that blowing project milestones might cost them some or all of their credits.

  • May 28, 2020

    IRS Proposes Storage Rules For Carbon Capture Tax Credit

    The IRS proposed long-awaited rules Thursday detailing how companies can qualify for carbon capture tax credits by demonstrating that they have securely stored or disposed of carbon that has been captured from the atmosphere.

  • May 28, 2020

    Ark. Residents Continue Fight Despite Finished Highway Work

    A group of Arkansas residents are asking a federal court to block the state from categorically excluding future highway projects from being vetted under federal environmental law, citing what they say was a rushed analysis before a recently completed $87.5 million highway expansion.

Expert Analysis

  • How A Small Law Firm Adapts To Remote Work

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    Stay-at-home orders mean small firms like mine — six lawyers and 14 staff members — suddenly need to make rapid changes, but the initial shock has turned into excitement about this opportunity to improve old processes, says David Kwartler at Kwartler Manus.

  • Opinion

    Don't Just Delay The Bar Exam — Cancel It Forever

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    The bar exam tells us nothing about whether a law student will be a competent lawyer, and now that exams have been delayed due to COVID-19, it's a good time to reevaluate why we have it in the first place, says Brian Tannebaum at Bast Amron.

  • 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.

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