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Inflation Reduction Act
Co-location, Co-location, Co-location
UK grid constraints and delays to new grid connections are forcing sponsors to look at maximizing existing grid connections via BESS and renewables project co-location. Bracewell’s Ro Lazarovitch, Nicholas Neuberger and Sam Phillips outline the corporate structures being employed in co-located projects and their pros and cons to bankability.
Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm Uri
In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor’s suit to recover Winter Storm Uri payments made...
New Protections for Pregnant and Nursing Workers in 2023
On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant and nursing workers. Pregnant Workers Fairness Act...
My Crypto's Gone: Cryptocurrency in Earn Accounts Belong to Celsius Not Customers
Cryptocurrency in Celsius’ Earn Accounts belongs to the bankruptcy estate, and not to the depositors who placed it there, according to a January 4 memorandum opinion from Judge Martin Glenn of the U.S. Bankruptcy Court in the Southern District of...
Congress Enacts Major Overhaul to HSR Filing Fees for M&A Deals
On December 29, 2022, President Biden signed into law The Consolidated Appropriations Act of 2023 (also known as The Omnibus Appropriations Bill), which includes the Merger Filing Fee Modernization Act. The Merger Filing Fee Modernization Act, which marks the most...
A Royal Pain: Contingent Royalties Held to Be Dischargeable in Mallinckrodt
In late December 2022, the United States District Court for the District of Delaware issued an opinion affirming the Mallinckrodt 1 bankruptcy court’s November 2021 decision that the debtor could discharge certain post-petition, post-confirmation royalty obligations for the sale of...
A Challenging Year for African M&A
The continent’s two biggest oil producing nations have made recent reforms to their upstream regulatory regimes, which have been long awaited and the changes largely well received.
FINRA Facts and Trends: November 2022
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s targeted sweep of...
"Fatal Means Fatal": 5th Circuit's Broad Read of 363(m) Continues to Moot Section 363 Appeals after the Sale
Recent rulings out of the United States Court of Appeals for the Fifth Circuit and its lower bankruptcy courts have emphasized the circuit’s broad interpretation of section 363(m) of the Bankruptcy Code, which protects bankruptcy sales from being overturned on...
Parting Advice: Judge Drain Rules That Dividends Paid From the Proceeds of Safe-Harbored Transactions Are Not Safe-Harbored in In re Tops Holding II Corp.
In his final opinion, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that dividends paid from proceeds of safe-harbored transactions under section 546(e) of the Bankruptcy Code are not safe-harbored...
FINRA Facts and Trends: October 2022
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s first Regulation BI...
ICLG: UK Renewable Energy 2023
Bracewell’s Oliver Irwin, Robert Meade, Nicholas Neuberger and Kirsty Delaney authored the United Kingdom Q&A analysis chapter in the third edition of International Comparative Legal Guides – Renewable Energy 2023: Practical Cross-Border Insights into Renewable Energy Law.
Competing Considerations in Intercreditor Agreements for Project Finance, Mining Streams and Royalties
Bracewell’s Oliver Irwin and Darren Spalding co-authored the chapter “Competing Considerations in Intercreditor Agreements for Project Finance, Mining Streams and Royalties” in the 10th edition of International Comparative Legal Guide – Mining Law 2023: Practical Cross-Border Insights into Mining Law.
Your Word Is Your Bond: Fifth Circuit Court of Appeals Determines Surety Bonds Are Not Executory Contracts Even Through Multiparty Approach in In re Falcon V, LLC
Following an August 11, 2022 opinion from the Court of Appeals for the Fifth Circuit, certain irrevocable surety bonds will not be considered executory contracts in bankruptcy, even when a court applies a functional multiparty approach to the traditional Countryman...
General Overview of the Inflation Reduction Act of 2022
On Tuesday, August 16, President Biden signed the Inflation Reduction Act of 2022 (the Act ) into law, which includes material changes to various sections of the Internal Revenue Code of 1986, as amended (the Code ). The following is...