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Project Finance
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December 09, 2024
Mexico Found Liable For Axing Oil Drilling Contract
An International Centre for Settlement of Investment Disputes tribunal found Mexico breached the North American Free Trade Agreement when a Mexican administrative court confirmed the termination of an oil drilling contract between the country's state-owned energy firm and Texas-based investors.
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December 09, 2024
Congress Set To Let FCC Borrow $3B For 'Rip And Replace'
Lawmakers are considering funding a $3.08 billion shortfall in the program to rid U.S. networks of Chinese-made equipment by letting the Federal Communications Commission borrow the money from the U.S. Department of the Treasury, repaid with spectrum auctions.
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December 09, 2024
Apollo, Santander Invest In $370M Infrastructure Portfolio
Private equity giant Apollo and commercial bank Santander on Monday unveiled plans to partner to invest in a $370 million portfolio of infrastructure credit.
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December 06, 2024
Ex-Conn. Official Seeks To Delay Trial Over Other Legal Case
Former Connecticut state budget official Konstantinos Diamantis asked a federal judge Friday to delay his upcoming corruption trial, because his preparation was derailed by the recent death of his mother and he and his counsel were forced to divide their attention with "another legal matter."
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December 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 80 times in November as they sought to sway the FCC on new rules for hyper-local FM broadcasts, making it easier to attach broadband gear to utility poles, revamping the 6 gigahertz band and more.
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December 06, 2024
Senate OKs Bill To Ease SEC Reporting Regs On Rural Telcos
The Senate has unanimously passed a bipartisan bill to expand access to broadband in rural areas by reducing the "red tape" on smaller broadband providers.
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December 05, 2024
Reed Smith Hires Linklaters Finance Attys In NY
Two former Linklaters LLP attorneys have jumped to Reed Smith LLP's financial industry group, bringing their backgrounds in structured finance matters to the New York office, the firm announced Wednesday.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Developer, Michigan Differ On State, Federal Securities Tests
A Michigan Supreme Court justice on Wednesday pressed the state's securities administrator and a developer over how Michigan businesses and residents could be affected if the high court were to decide that a state law test rather than a federal one should be used to determine if a promissory note is a security.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 03, 2024
DC Circ. Won't Revisit Energy Cos.' $377M Suits
The D.C. Circuit will not rehear a case brought by renewable energy investors looking to enforce some $377 million in arbitral awards against Spain over nixed economic incentives, declining to revisit its ruling over the summer that the awards can be enforced.
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December 03, 2024
MTA, NY Officials Rip Bid To Block Revised Congestion Pricing
New York officials have told a federal judge that residents, truckers and community groups cannot sideline Manhattan's recently resurrected congestion pricing, saying there's zero merit to the plaintiffs' claims that they'd be irreparably harmed by allegedly unconstitutional and discriminatory tolls.
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December 03, 2024
Willkie Adds Litigation Heavyweight, Energy Expert In DC
Willkie Farr & Gallagher LLP announced Tuesday that it has brought on two Washington, D.C., partners — a new chair for its regulatory litigation practice group who joined from King & Spalding LLP and an energy-focused finance attorney who joined from Greenberg Traurig LLP.
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December 02, 2024
Gov't Owned Broadband Often Fails, Report Says
A new report from an industry-backed think tank skewers government-owned broadband networks for purportedly relying on public resources to survive but operating inefficiently and competing unfairly against private internet service providers.
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December 02, 2024
'Pull The Plug': Broadband Program Wasteful, GOP Sen. Says
The government's $42.5 billion program to deploy broadband to underserved locations throughout the U.S. should be stopped because it's wasting money hand over fist, according to a Republican senator.
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December 02, 2024
FIFA Says Saudi Arabia A Promising World Cup Host
FIFA has released a report saying Saudi Arabia's bid to host the men's 2034 World Cup is a "very strong" proposition with only "medium" human rights risks, moving the Middle Eastern country and single bidder closer to becoming the designee.
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December 02, 2024
FCC Chair Makes Last-Ditch Plea For 'Rip And Replace'
The Federal Communications Commission's chief called on key lawmakers to act soon to fund a program for securing telecom network equipment that faces a $3.08 billion shortage.
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November 27, 2024
FCC Warns Some ISPs Still Advertising Internet Subsidy
Some internet service providers are still advertising discounts on service through the Affordable Connectivity Program even though it ended in June, the Federal Communications Commission has warned consumers.
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November 26, 2024
NY Groups, Truckers Say Congestion Pricing Unconstitutional
A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.
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November 26, 2024
Indicted Ex-Conn. Budget Official May Ask To Delay Trial
Ex-Connecticut budget official Konstantinos "Kosta" Diamantis is considering a bid to delay his February trial on 22 charges that he coerced contractors to pay him kickbacks on school construction jobs, according to a Tuesday motion by prosecutors seeking to postpone certain deadlines.
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November 25, 2024
Cruz Calls Digital Equity Program Rules 'Unlawful'
Sen. Ted Cruz, R-Texas, is criticizing the U.S. Commerce Department's grant program created to encourage broadband use among minorities, saying it unlawfully discriminates based on race in distributing broadband funds.
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November 25, 2024
FHWA Says Rule Doesn't 'Compel' States To Lower Emissions
The Federal Highway Administration defended a new rule calling on states to set targets to reduce greenhouse gas emissions from federally funded highway projects, telling the Fifth Circuit in a Friday brief the rule doesn't actually compel states to lower their emissions.
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November 25, 2024
FCC To Bar Fla. Telecom From Aid After Fraud Conviction
The Federal Communications Commission is looking to block a Florida-based wireless service provider from participating in any universal service programs for at least three years after it was convicted of conspiring to defraud the federal government through the agency's Lifeline Program for low-income phone users.
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November 25, 2024
$65M Deal In Texas Drilling Suit Gets Final OK
A Texas federal judge gave the final green light Monday to a $65 million settlement against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.
Expert Analysis
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.