PR Board Says Bondholders Can't Claim Highway Money
Puerto Rico's financial oversight board is continuing its fight with the bondholders and insurers of the island's highway authority by filing another adversary action to block their attempt to stake a claim on tax revenues for tolls and fuel.
DC Judge Appears Wary Of Blocking EB-5 Program Overhaul
A D.C. federal judge does not seem likely to move to preliminarily block the Trump administration's overhaul of the EB-5 investor visa program after a hearing on Thursday afternoon.
Bridgegate's 'Commandeering Fraud' Is A Legal Neologism
An attorney arguing the Bridgegate case before the U.S. Supreme Court coined the term "commandeering fraud" to describe what attorneys say is otherwise known as the "right to control" theory of wire fraud — a disputed doctrine that may play a role in the case's outcome.
NJ Tax Break Oversight Shoddy, Needs Overhaul, Report Says
A permissive culture of "getting to yes" plagued the New Jersey agency tasked with administering corporate state tax incentives, allowing for improper awards through deficient processes, a report released Thursday found in recommending a major overhaul.
SEC Urges Justices Not To Cuff Its Disgorgement Power
The U.S. Securities and Exchange Commission told the U.S. Supreme Court that closing off the agency's ability to obtain disgorgement in federal court cases would throw a wrench into enforcing securities law, pushing back against challengers that argue such relief strays beyond the bounds of the agency's statutory authority.
Investors Say PNC Was 'Intimately Involved' In EB-5 Fraud
A group of Chinese investors asked a Florida federal judge on Wednesday not to let PNC Bank walk away from a lawsuit accusing it of being "intimately involved" in a fraud scheme that misappropriated the investors' funds by hijacking the EB-5 visa program.
Fla. Judge Hands Win To Hotel Owner In Feud With Ex-Partner
A Florida judge handed a win to the current owner of Miami Beach's Z Ocean Hotel in a long-running dispute with the original developer of the project when he found that the developer lied about his assets to induce investment in the project.
Skepticism Greets Bid To Hold Lender Liable In India Damage
A D.C. federal judge seemed dubious about holding a private-sector lending arm of the World Bank solely accountable for environmental damages caused by a coal-fired power plant it financed in India, suggesting Wednesday that doing so would conflict with U.S. Supreme Court precedent.
Dems Vow Another Vote To End Trump's Border Emergency
A group of top Senate Democrats vowed Wednesday to hold another vote to terminate President Donald Trump's national emergency declaration amid reports that he plans to divert another $7.2 billion in defense funds toward the construction of a wall along the U.S.-Mexico border.
Electric Co-Ops Ditch Plans For $2.8B Coal Plant In Kansas
A pair of electricity co-operatives on Wednesday pulled the plug on a long-planned $2.8 billion coal-fired power plant in Kansas despite a previous blessing from the state's highest court for the facility's construction.
Final CFIUS Regs Ready New Era Of Inbound Deal Scrutiny
Final regulations to overhaul the Committee on Foreign Investment in the United States offer special treatment to three countries and provide more guidance to investment funds while allowing for future adjustments on how the U.S. screens deals for national security concerns.
PG&E Asks Court To Reject Challenge To $24B Settlements
PG&E has asked a California bankruptcy judge to reject a bondholder group's challenge to more than $24 billion in settlements for damages caused by California's 2017 and 2018 wildfires, saying the bondholders have no new arguments or evidence.
Dentons Sees No Deal On Horizon In Guinea Fee Fight
Dentons told a D.C. federal judge Tuesday that the firm is not close to reaching a settlement with the Republic of Guinea in a fight over an unpaid $10 million legal bill, despite assertions to the contrary from the defense.
Enviros Say 'Cancer Alley' Plastics Plant Needed Closer Look
Green groups on Wednesday accused the Army Corps of Engineers of failing to evaluate the environmental and health impacts of permitting a Formosa Plastics Corp. petrochemical facility in a heavily industrialized region of Louisiana known as "Cancer Alley."
Mayors Tell 10th Circ. Climate Case Belongs In State Court
A nationwide mayors' group and environmentalists are asking the Tenth Circuit to reject ExxonMobil and Suncor Energy's bid to move from state to federal court a lawsuit filed by Boulder, Colorado, that seeks to hold the companies liable for climate change-related infrastructure damages.
AK Steel Investor Sues To Block $1.1B Cleveland-Cliffs Deal
An AK Steel investor sued to stop the manufacturer's pending $1.1 billion acquisition by Cleveland-Cliffs Inc., telling a Delaware federal court that the companies and their boards omitted key information from regulatory disclosures.
Philly Refinery Backs Senior Lender In $1.25B Insurance Fight
The owner of the idled Philadelphia Energy Solutions refinery told a Delaware judge Tuesday that other creditors can't "leap frog" over term loan lenders that it argues have priority rights to $1.25 billion in insurance proceeds to cover business interruption costs following a massive explosion that blasted the owner of a Philadelphia oil refinery into Chapter 11 last year.
Supreme Court Zeros In On Bridgegate Jury Instructions
The U.S. Supreme Court on Tuesday took aim at the jury instructions in the so-called Bridgegate case, challenging the government about what jurors were told with respect to one former public official's authority to realign lanes to the George Washington Bridge under the alleged ruse of conducting a traffic study.
7 Ethics Tips For Lawyers' Pretrial Social Media Use
As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.
States Should Not Follow ABA On Attorney Conduct Rules
Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.
How Courts And Litigants Can Benefit From Special Masters
As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.
Uber Policy Calls For Refresher On ABA Confidentiality Rules
Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.
2020 Will Be Bullish For Tribal Clean Energy Development
Technological advancements, increasing federal support and favorable market trends should all help to create substantial opportunities for tribal clean energy development efforts in 2020, says Pilar Thomas of Lewis Roca.
4 Simple Rules For Witness Note Taking
Witness notes that form the center of a plaintiff's case have largely been replaced by digital systems, but they remain on defense counsel's radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.
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