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Project Finance

July 02, 2025
FCC Floats Pole Attachment Reform In 'Build' Agenda Kickoff

Changes to utility pole attachment rules to expedite broadband deployment could be among the first actions under a much wider "Build America" agenda unveiled Wednesday by the Federal Communications Commission chief.
July 02, 2025
Gold Miner Wins $65M In Feud Over Blockade In Peru

Peru has been ordered to pay Canadian miner Lupaka Gold some $65 million after a blockade erected by local protesters shut down the Invicta gold mining site, once touted as the company's "flagship" project.
July 02, 2025
The Funniest Moments Of The Supreme Court's Term

After justices and oral advocates spent much of an argument聽pummeling a lower court's writing talents, one attorney suggested it might be time to move on 鈥� only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
July 01, 2025
State AI Law Moratorium Struck From Senate Budget Bill

The U.S. Senate on Tuesday voted overwhelmingly to cut a proposal that would have blocked states from regulating artificial intelligence for a decade from the budget reconciliation package after a deal to reduce the length and potential scope of the ban fell apart.聽
July 01, 2025
Ukraine Says Don't Restart $173M Award Suit Just Yet

Ukraine on Monday pushed back against an effort by one of Russia's largest oil companies to restart its long-delayed lawsuit in Washington, D.C., aimed at enforcing a $173 million arbitral award, saying a court in New York is still weighing important questions in parallel litigation.
July 01, 2025
Energy Cos. Say Italy Can't Escape $23M In Awards

Three companies looking to enforce $23 million in arbitral awards against Italy in D.C. federal court over revoked renewable energy incentives have opposed the country's new argument saying it has not waived its sovereign immunity since the underlying awards have been set aside.
July 01, 2025
The Sharpest Dissents From The Supreme Court Term

The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions

The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term 鈥� a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
July 01, 2025
Axing Lit Funding Tax Bid Relieves Industry But Fears Remain

Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.
June 30, 2025
Catching Up With Delaware's Chancery Court

Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
June 30, 2025
Feds Defend Authority To End NY Congestion Pricing Deal

The U.S. Department of Transportation has told a Manhattan federal judge that courts cannot handcuff it to now-disfavored policies of earlier administrations, while New York transportation agencies maintain that the federal government is grasping at illusory legal arguments to justify trying to shut down congestion pricing.
June 30, 2025
FCC Chair Seeks To Deny COVID Waiver In Lifeline Subsidy

Federal Communications Commission Chair Brendan Carr is calling on his fellow commissioners to reject a proposal from Lifeline providers to extend the program's COVID-era non-usage rule waiver for one day, saying that moving the cutoff date would cost the public millions of dollars.
June 30, 2025
Judge Hits Pause On Civil RICO Suit Against NJ Power Broker

A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.
June 27, 2025
NJ Judge Denies Investment Fund's Bid For Nonparty Docs

A New Jersey federal judge has rejected a Black-owned investment fund's bid to obtain personal emails and other documents related to the relationship between an asset management firm's principals and the ex-director of the Garden State's investment division, ruling the fund failed to show the need for the documents and that the request is overly burdensome.
June 27, 2025
Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit

In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop聽World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam聽tournaments may be聽in the crosshairs of players suing the sport's hierarchy.
June 27, 2025
Justices Salvage FCC Subsidy Fees, Reversing 5th Circ.

The U.S. Supreme Court on Friday upheld the funding mechanism for the Federal Communications Commission's $9 billion Universal Service Fund used to subsidize low-income phone service, rural broadband, and school, library and healthcare telecommunications connectivity.
June 26, 2025
Judge Allows World Cup Forced Labor Suit To Proceed

A Colorado federal judge Thursday allowed Filipino workers alleging they were subject to abuse while building stadiums for the 2022 FIFA World Cup in Qatar to proceed with their claims.
June 26, 2025
Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout

An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.
June 26, 2025
Wireless Cos. Ask FCC To Overturn Subsidy Rulings

Two wireless companies have asked the Federal Communications Commission to reverse the Universal Service Administrative Co.'s decisions denying some of the federal subsidies the companies received for providing low-income households with broadband discounts.
June 26, 2025
Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale

Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.
June 25, 2025
Alaska Doesn't Need 5G In Most Remote Reaches, FCC Told

Alaskan telecoms should not have to bring 5G-level internet to every corner of the state to which they are designated to deploy under the Alaska Connect Fund, a trade group has told the Federal Communications Commission.
June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee

The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
June 24, 2025
Medline Can't Get $2.4M Tax Incentive, Wash. Panel Affirms

Medline did not qualify for a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, a Washington state appeals panel affirmed Tuesday, saying the medical supplier failed to show that it merited a key tax incentive.
June 24, 2025
Harris Beach Atty To Chair Akerman's NY Public Finance Team

A corporate attorney who worked on the financing of Yankee Stadium, Brooklyn's Barclays Center and other high-profile projects has joined Akerman LLP as chair of the New York public finance practice, the firm announced this week.
June 23, 2025
Trump Admin Rescinds Clinton-Era 'Roadless' Logging Rule

U.S. Secretary of Agriculture Brooke L. Rollins announced Monday that she was rescinding the longstanding "Roadless Rule" limiting the number of roads built in national forests, calling the 2001 rule "outdated," contrary to the "will of Congress" and an obstacle to "common sense management of our natural resources."

Expert Analysis

8 Ways Lawyers Can Protect The Rule Of Law In Their Work

Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
Despite Dark Clouds, Outlook For US Solar Has Bright Spots

While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
ICSID Annulment Proceedings Carry High Stakes For System

The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
Series

Law School's Missed Lessons: Communicating With Clients

Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
Bill Leaves Renewable Cos. In Dark On Farmland Reporting

A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
Series

Adapting To Private Practice: From US Rep. To Boutique Firm

My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
Opinion

Senate's 41% Litigation Finance Tax Would Hurt Legal System

The Senate鈥檚 latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
Series

Performing As A Clown Makes Me A Better Lawyer

To say that being a clown in the Macy鈥檚 Thanksgiving Day Parade has changed my legal career would truly be an understatement 鈥� by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at聽Tripp Scott.
Series

Law School's Missed Lessons: Rejecting Biz Dev Myths

Law schools don鈥檛 spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
Move Beyond Surface-Level Edits To Master Legal Writing

Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn鈥檛 just about superficial details like grammar 鈥� it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
How New Texas Law Revamps Electric Grid To Meet Demand

A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
9th Circ. Has Muddied Waters Of Article III Pleading Standard

District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion 鈥� making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
Series

Competing In Modern Pentathlon Makes Me A Better Lawyer

Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
Series

Law School's Missed Lessons: Teaching Yourself Legal Tech

New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
How AI May Reshape The Future Of Adjudication

As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.