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Inflation Reduction Act
Merchant Risk and the Energy Transition: Tensions in the Capital
Debt vs. Equity As part of the series of articles on the expansion of merchant risk in the traditional project finance market and its interplay with the energy transition, this article will explore the tensions between equity and debt providers...
Challenging Policy on Climate Change Grounds
Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project In R (on the application of Friends of the Earth Limited) (the “ Claimant ”) v The Secretary of State for International...
Sanctions and Export Controls
Seth DuCharme and Matthew Nielsen talk with Robert Dugan, assistant special agent in charge at the US Department of Commerce, Office of Export Enforcement, Miami Field Office, about the significance of the new Russian sanctions to American industry and financial...
The Shifting Energy Policy Zeitgeist and Investment Implications
On March 24, the Federal Energy Regulatory Commission (FERC) made an unexpected and bipartisan about-face on its freshly updated policies for considering the environmental impacts of natural gas infrastructure projects like pipelines and liquefied natural gas (LNG) export facilities. 1...
The SEC's Proposed Rules on Climate-Related Disclosures – What to Do Now: A Guide for In-House Counsel Facing the Proposed Rules
The U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company disclosure regime. The rules would require that public companies include the following, among other disclosures...
TIFIA – The Impact of the Infra Act
For the last couple of decades, many US greenfield transportation projects have benefited from “TIFIA” financing. The Transportation Infrastructure Finance and Innovation Act of 1998 (“TIFIA” or the “Program”) created a credit program to facilitate the financing of large transportation...
Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split
The U.S. Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used as source material (see Bracewell’s earlier...
Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review of Nationwide Permit (“NWP”)...
Risk Management on Demand With David Gresko of Strategic Risk Management Services LLC
On this episode of Bracewell Covered, host Vince Morgan discusses risk management with David Gresko, owner of Strategic Risk Management Services LLC. You are doing what is at the vanguard of risk management these days, which is risk management on...
Know Your Client, Know Your Customer, Know Your Counterparty Practice
On this episode of The Bracewell Sidebar, Matthew Nielsen talks with our new podcast co-host, Seth DuCharme , about developments in white-collar enforcement, including the recent sanctions against Russia and the aggressive enforcement positions being taken by various agencies. Let...
UAE Employment Law Update
2 February 2022 saw the introduction of a new UAE Labour Law in the form of UAE Federal Law No. 33 of 2021, Regulating Labour Relations (“ New Law ”), repealing the existing UAE Labour Law, UAE Federal Law No...
"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation
On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy Regulatory Commission (“FERC”)...
Is the "S" in ESG Poised for a Breakout Year in 2022 for Sustainability-Linked Loans?
If last year was any indication, 2022 may be another record-setting year for the sustainable syndicated loan market. According to financial data provider Refinitiv, new issuances of sustainability-linked loans (“SLLs”) climbed to $717 billion in 2021, an increase of more...
The US Government Has a New Stopwatch for Cyber Incident Reporting: What You Need to Know Now
Amid the escalating conflict in Ukraine and concerns of Russian cyber threats to the United States, President Joe Biden recently signed a $1.5 trillion government spending deal with serious cybersecurity reporting obligations for critical infrastructure operators intended to shore up...
The Breakdown Versus The Bottom Line
Bracewell’s Policy Resolution Group Co-Head Scott Segal moderated this matchup between PRG Senior Principal and Former Senior Policy Advisor to then-Senator Kamala Harris Yasmin Nelson and PRG Principal, pundit and former Republican strategist Liam Donovan on the first year of...