Expert Analysis

• Evaluating The Legal Standing Of Natural Elements

  

  Wednesday's observance of World Water Day invites questions about anthropocentric or ecocentric approaches to the rights of natural elements as thinking shifts about the legal standing of such resources, say Susan Lutzker at Lutzker & Lutzker and Thomas Wallentin at Kunz Wallentin.

• How Crypto-Friendly Bank Failures Will Change Tech Industry

  

  The recent failures of Silicon Valley Bank, Signature Bank and Silvergate Capital are likely to result in significant shifts in how the global tech industry and its financial partners address legal, compliance, regulatory and business risks, says Erin Bryan at Dorsey & Whitney.

• Insureds Must Prep For Drought-Related Service Interruptions

  

  Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

• How To Select The Right Arbitrator For A Construction Dispute

  Excerpt from Practical Guidance

  

  In construction disputes, selecting an arbitrator is a critical decision with many nuances to consider, as different types of potential panelists all come with their own experiences, views and possible biases, says Edward Gentilcore at Blank Rome.

• Liquefied Natural Gas Outlook: Industry Under Pressure

  

  While last year saw a remarkable turnaround in the liquefied natural gas market, with strong demand for U.S. LNG projects, the industry must now confront problems including increased credit and construction costs, and the possibility of fewer LNG conversions due to higher prices, say Monica Hwang and Silvia Smith at O'Melveny.

• Bid Protest Spotlight: Lessons For Joint Ventures

  

  In this month's bid protest roundup, Alissandra McCann at MoFo examines recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims of particular significance to joint ventures, concerning past performance evaluation and misrepresentation, and registration in the System for Award Management.

• India's Budget Proposals May Ease Entry For Certain Sectors

  

  India’s recently released budget includes proposals to facilitate doing business in Gujarat International Finance Tec-City and moderate thousands of compliance requirements, opening up new opportunities for foreign businesses in the digital infrastructure, manufacturing and renewable energy sectors, say Mukesh Butani and Seema Kejriwal at BMR Legal.

• Key Considerations For Appointing A Real Estate Receiver

  

  With commercial real estate loan distress expected to grow dramatically in the coming months, lenders should make sure to understand best practices for seeking appointment of a receiver over a defaulted property, say Dave Wald at Wald Realty Advisors and Mark Silverman at Locke Lord.

• Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

  

  The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

• DOI Enviro Damage Assessment Proposal May Add Flexibility

  

  The U.S. Department of the Interior's recently proposed overhaul of its natural resource damage assessment program suggests that current restrictive formulas may be replaced with a more flexible structure — which could bring major benefits to potentially responsible parties and natural resource trustees, says Brian Ferrasci-O’Malley at Nossaman.

• How Companies Could Define 'Social' In ESG Metrics

  

  While the "social" prong of environmental, social and governance criteria is still hard to evaluate, a three-tiered approach similar to the framework for tracking greenhouse gas emissions could serve as a good basis for companies to develop goals and measure progress in a uniform way, say attorneys at Jenner & Block.

• Claims Court Ruling Puts New Spin On Blue & Gold

  

  The Court of Federal Claims' unique procedural posture in SLS Federal Services v. U.S., in which it followed a trend toward narrowing the ambit of the Blue & Gold waiver, may have significant new implications for agencies that undertake corrective action in lieu of defending against protests, say attorneys at Seyfarth.

• New AML Law May Be Key Tool To Enforce Russia Sanctions

  

  A new anti-money laundering law for the first time authorizes monetary rewards for tips leading to government enforcement against certain sanctions violations, and though many questions remain, it gives the U.S. an additional tool in the ongoing global battle against Russian aggression, say Daren Firestone and Kimberly Wehle at Levy Firestone.