Project Finance

Expert Analysis

• New Tax Credits For Renewables Should Offer Investors Relief

  

  The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime — and similar regimes in North Carolina and other states, says Kay Hobart at Parker Poe.

• Inflation Reduction Act A Boon To Hydrogen, Carbon Capture

  

  The Inflation Reduction Act's tax credits and direct payments, extension of existing renewable electricity subsidies, and other benefits will accelerate hydrogen and carbon capture projects across the U.S. — and will likely draw capital into the country that would otherwise have gone to projects elsewhere, say attorneys at Shearman.

• How In-House Counsel Can Better Manage Litigation Exposure

  

  In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

• Practical E-Discovery Lessons From The Alex Jones Case

  

  The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

• PFAS Superfund Hazard Designation Would Inflate Cos.' Costs

  

  The U.S. Environmental Protection Agency's recent proposal to designate two common per- and polyfluoroalkyl substances as hazards under the Superfund law will likely impose heavy cleanup and litigation costs on businesses, disposal facilities and the military — and trigger significant tracking and reporting obligations as well, say attorneys at Quarles & Brady.

• The Ethical Risks For Lawyers Accepting Payments In Crypto

  

  Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

• Envisioning Metaverse-Based Litigation In The Real World

  

  Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

• New Constitution In Chile Would Affect Infrastructure Projects

  

  If Chile's new draft constitution is approved in next week's referendum, it will significantly alter the state's role in the economy — so investors in infrastructure projects must prepare for the possibility of heighted environmental protections and more state control of natural resources, say Craig Miles and Vanessa Alarcon Duvanel at King & Spalding.

• Opinion

  ABA Stance On Role Of Nonlawyers Is Too Black And White

  

  The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

• Pre-Permit Best Practices For Texas Solar Farm Proposals

  Excerpt from Practical Guidance

  

  When entering the pre-permit phase to construct and operate a solar farm in Texas, the developer's legal counsel should carefully establish definitions for key terms, including what constitutes an environmental permit, in order to ensure a smooth and flexible review process, says Larry Pechacek at V&E.;

• Harnessing The Power Of Big Data In Litigation

  

  The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

• How Law Firm Operations Can Adjust To New COVID Realities

  

  Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

• New Mass. Law A Step Forward For Offshore Wind

  

  Recently enacted legislation in Massachusetts demonstrates the state's commitment not only to its renewable energy and greenhouse gas reduction goals, but specifically to supporting development of offshore wind projects — as well as development of transmission infrastructure to connect those projects to the grid, say attorneys at Day Pitney.

• Pending Bill Could Lead FERC To Issue More Trader Bans

  

  The Energy Consumer Protection Act, currently pending in Congress, would give the Federal Energy Regulatory Commission better means for enforcing existing laws against manipulation of natural gas and electric power markets — and could make outright bans on trading a more commonly used enforcement tool, say Levi McAllister and Pamela Wu at Morgan Lewis.

• Law Of The Case Is More Nuanced Than You May Think

  

  The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.