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Project Finance
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January 03, 2025
DC Judge Pauses Enforcement Of $35M Poland Award
Litigation to enforce a $35 million arbitral award against Poland that was issued to a company that was once the country's largest petrochemical and oil product trader will remain on hold until a Swedish appeals court decides whether the award must be set aside under European Union precedent.
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January 03, 2025
FCC Hits Broadband Co. With $56K Fine For Default
The Federal Communications Commission has ordered an Illinois broadband provider to shell out more than $56,000 for allegedly defaulting on obligations under a federal program to expand high-speed internet service in unserved regions.
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January 03, 2025
FCC Says Cash On Way Soon For 'Rip And Replace'
The Federal Communications Commission says the additional $3.08 billion for its "rip and replace" program to get Chinese telecommunications equipment out of the nation's networks is on its way and will soon close a wide gap between what was originally allocated for the program and what telecoms say they need.
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January 02, 2025
NTIA Clarifies Use Of Broadband Funds For Alternative Techs
The National Telecommunications and Information Administration has dropped more information to make the way forward clearer for states that want to use their federal broadband dollars to fund alternative means of connecting people, such as satellites.
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January 02, 2025
Spain Details Imminent High Court Bid In Intra-EU Award Suits
Spain is planning to ask the U.S. Supreme Court to review a D.C. Circuit decision that greenlighted the enforcement of intra-European Union investor-state awards in U.S. federal courts, saying in court filings that the appeal raises serious issues related to foreign sovereign immunity.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
The Top Telecom Developments To Watch In 2025
As Donald Trump prepares for his second stint in the White House and a new Republican chair prepares to take over the Federal Communications Commission, telecom policy could change dramatically and quickly. Rules passed during the Biden administration face stiff court challenges and even the venerable Universal Service Fund's future remains in doubt.
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January 01, 2025
Transportation Cases To Watch In 2025
The Boeing Co.'s 737 Max criminal conspiracy case, consolidated D.C. Circuit litigation targeting new vehicle fuel-economy standards, and a Texas high court battle over a massive trucking accident verdict are among the cases that transportation attorneys are watching closely in 2025.
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January 01, 2025
Transportation Regulation & Legislation To Watch In 2025
The Trump administration's expected rollback of rules intended to slash vehicle emissions and accelerate electric vehicle adoption, alongside a spate of new tariffs impacting the supply chain, are just some of the transportation industry's top regulatory priorities to watch in 2025.
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December 23, 2024
NY Judge Won't Halt State's Congestion Pricing Model
A New York federal judge Monday upheld the Empire State's congestion pricing tolls, finding that the levies fairly reflect each type of vehicle's contribution to traffic congestion and environmental harm, rejecting injunction bids lobbed in four anti-congestion pricing lawsuits.
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December 20, 2024
Colo. Panel Upholds Antero's $215M Wastewater Contract Win
A Colorado appellate panel will hold a wastewater solutions firm to a $215 million judgment for breaching salt standards in a contract to build a fracking water treatment plant for Antero Resources, recognizing an email referencing the criteria as a part of a change order and thus the deal itself.
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December 20, 2024
DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit
The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.
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December 20, 2024
HUD Awards $225 Million To Boost Manufactured Housing
The U.S. Department of Housing and Urban Development announced that it has awarded $225 million under a grant program for manufactured housing communities, prioritizing tribal applicants and resident-managed communities.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 18, 2024
11th Circ. Considers Reviving Developer's I-20 Truck Stop Suit
A Georgia property owner and his company urged the Eleventh Circuit on Wednesday to revive their suit challenging a Rockdale County ordinance that thwarted plans for a new QuikTrip truck stop near Interstate 20.
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December 17, 2024
Ex-Ga. Tech Prof 'Lucky' To Beat Criminal Charges, Judge Says
A Georgia federal judge appeared unsympathetic on Tuesday to a former Georgia Tech professor who said he was the victim of a mishandled internal audit that led to his indictment on racketeering charges, telling the professor's civil attorney his client was "lucky that he's not in prison."
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December 17, 2024
NTIA Puts $450M More Toward Wireless Supply Chain
The National Telecommunications and Information Administration is putting an additional $450 million toward helping the industry build open radio access networks, which many have pointed to as the solution for pivoting away from Chinese-made technology due to security concerns.
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December 17, 2024
Renewable Energy Investor Asks Court To OK €42M Award
A Luxembourg-based renewable energy investment firm on Tuesday urged a District of Columbia federal judge to confirm a €41.8 million ($43.9 million) arbitration award over Spain's abandoned energy economic incentives after the D.C. Circuit recently said such awards can be enforced.
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December 17, 2024
IRS Corrects Proposed Admin Requirements For Direct Pay
The Internal Revenue Service issued a correction Tuesday to proposed regulations laying out administrative requirements for tax-exempt entities to elect out of their partnership status in order to take advantage of new rules enabling direct cash payment of clean energy tax credits.
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December 16, 2024
Lender Takes Aim At $2B Commisimpex Awards
A New York state court has issued a temporary restraining order over some $2 billion in arbitral awards still owed by the Republic of the Congo to Commissions Import-Export SA following a decades-old feud over unpaid public works contracts, citing a request from a lender.
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December 16, 2024
SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit
The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.
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December 16, 2024
US Lends $9.6B To Build EV Battery Plants In The South
The U.S. Department of Energy has agreed to loan Ford Motor Co. and South Korean battery manufacturer SK On up to $9.63 billion for a joint venture that includes building electric vehicle battery plants in Tennessee and Kentucky, according to a Monday statement.
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December 16, 2024
IRS Corrects Regs On Direct Pay Of Partnership Tax Credit
Internal Revenue Service issued a correction Monday to final regulations that make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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December 13, 2024
NYC Hospital System Wants Out Of REIT's $50M Campus Suit
The New York City Health and Hospitals Corp. and the New York City Economic Development Corp. asked a New York federal court Friday to dismiss a $50 million suit that accused them of being misleading when it came to the development of a floodwall that's supposed to be part of a commercial life sciences campus project.
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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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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.