Project Finance

  • March 22, 2024

    Real Estate Authority: NAR, Climate, Data Center Dollars

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on how the National Association of Realtors could shift broker fees, what the country's patchwork of climate action plans means for real estate, and why private equity is hot on data centers.

  • March 22, 2024

    Justices Asked To Review $36M Sanctions Order In TM Case

    A man who works in the field of marketing and ad copywriting has asked the U.S. Supreme Court to overturn a $36 million sanctions order against him and several companies in a trademark case.

  • March 22, 2024

    Feds Can't Explain Away Flawed LNG Rule, DC Circ. Told

    Conservation groups and a dozen-plus states are urging the D.C. Circuit to throw out a rule allowing liquefied natural gas to be transported by rail, saying the Pipeline and Hazardous Materials Safety Administration glossed over safety, environmental justice and climate concerns, and now asks for deference it doesn't deserve.

  • March 22, 2024

    DLA Piper Welcomes Energy Attorney To Philly Office

    A transactional attorney specializing in advising clients on renewable energy and sustainability projects has moved her practice from Allen & Overy LLP to DLA Piper's Philadelphia office.

  • March 21, 2024

    FCC Chief Aiming To Restart $9B Rural 5G Fund

    The Federal Communications Commission is ready to get a move on with relaunching the $9 billion 5G Fund for Rural America, proposing an order that would do just that while tweaking some of the program's rules along the way.

  • March 21, 2024

    Developer Says Partner Mishandled Funds In Denver Project

    A real estate developer and a related online platform have accused a hedge fund in Colorado state court of misusing grant money and owing fees for a Denver commercial housing project.

  • March 21, 2024

    Canadian Energy Co. Seeks $140M In Tunisia Arbitrations

    Energy production and development company Zenith Energy Ltd. has announced that it is pursuing several arbitrations against the Republic of Tunisia and its national oil company, saying the claims currently stand at approximately $141 million due to actions taken by the country's Ministry of Hydrocarbons.

  • March 21, 2024

    FERC Upholds, Clarifies Grid Connection Policy Rewrite

    The Federal Energy Regulatory Commission affirmed and clarified revised policies finalized last summer that govern how new power projects connect to transmission lines during its monthly meeting Thursday, coinciding with a U.S. Senate committee hearing on President Joe Biden's recent FERC nominations.

  • March 21, 2024

    FERC Nominees Carefully Walk Climate Line In Senate Hearing

    Federal Energy Regulatory Commission nominees on Thursday told a U.S. Senate panel that the agency isn't a climate change regulator, but they didn't close the door on FERC ever considering climate impacts in its decision making either.

  • March 20, 2024

    Health And Safety Top Risk For Directors, Global Survey Says

    Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.

  • March 20, 2024

    Mayer Brown Draws Energy Deals Pro From Clifford Chance

    Mayer Brown LLP has hired an energy transition and project finance expert, as the international firm looks to strengthen its energy transactions practice across Europe.

  • March 20, 2024

    Data Center Atty Welcomes Private Equity's Embrace

    Private equity's growing presence in the data center space is a boon for the sector and will help industry players build more facilities to meet growing demand for digital infrastructure, a partner in Paul Hastings' data center practice group told Law360.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots

    The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.

  • March 20, 2024

    Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told

    The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Feds, NY Residents Spar Over Congestion Pricing Battle

    Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.

  • March 19, 2024

    Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial

    A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.

  • March 19, 2024

    Faegre Drinker Adds Ex-DLA Piper Commodities Pro In Dallas

    Faegre Drinker Biddle & Reath LLP has strengthened its finance and restructuring practice in Dallas with partner Deanna Reitman, an experienced commodities lawyer who previously worked at DLA Piper.

  • March 18, 2024

    Investors Seek Arbitration In Panama Port Fight

    A group of companies and individuals invested in a port project near the Panama Canal's Atlantic Ocean entrance has asked a Delaware federal court to order arbitration in a Hong Kong company's case claiming its interest in the project is being stolen.

  • March 18, 2024

    Senate Dems Press Congress On Broadband Subsidy Renewal

    Nearly three dozen Senate Democrats urged the leadership of both chambers to restore funding for the Federal Communications Commission's broadband program as time runs short to continue paying consumer discounts for internet service.

  • March 18, 2024

    Tribal Health Groups Say IHS Owes $4M In Support Funding

    Two tribal health groups serving parts of Alaska are suing the U.S. Department of Health and Human Services for failing to pay nearly $4 million in contract support costs for their delivery of services paid for with third-party revenue they collected, the subject of a matter now pending before the U.S. Supreme Court.

  • March 18, 2024

    Provider To Pay $100K Fine For 'Downselling' Broadband

    A fiber broadband provider in Texas and Louisiana has agreed to pay a $100,000 fine to the Federal Communications Commission for selling only its slowest service plan to customers in the Affordable Connectivity Program.

  • March 18, 2024

    Justices Tilt Toward NRA In Free Speech Row With Regulator

    A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.

Expert Analysis

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

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