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Expert Analysis

• BGC-Cantor Suit Highlights Independent Directorship Issue

  

  The Delaware Chancery Court recently sent breach of fiduciary duties claims to trial in the disputed merger between BGC and a unit of Cantor Fitzgerald, highlighting both the legal benefits of seeking out directors that meet the court's criteria of independence from the controller, and the significant, negative impacts when they are not, say attorneys at Fried Frank.

• How Dealmakers Can Bridge M&A Differences In US, Europe

  

  As business continues to heat up globally, differing practices and norms in mergers and acquisitions can lead to misunderstandings between U.S. and European dealmakers, but a comparison of documentation structures and processes can help avert these complications, say Piotr Korzynski and Piotr Jaskiewicz at Baker McKenzie.

• Feds May Need Power To Take State Lands For New Grid

  

  The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

• How Canceling The Border Wall Affects Gov't Contractors

  

  President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

• Biden Climate Push Means Fossil Fuel Cos. Must Innovate

  

  The Biden administration's strong focus on climate change puts unprecedented pressure on oil, gas and coal companies to strategically embrace new clean and low-emission technologies, predict and minimize environmental impacts, and prioritize innovation in order to sustain long-term viability, say attorneys at Akin Gump.

• How Environmental Litigation Can Block Renewable Projects

  

  While renewable energy projects can reduce greenhouse gas emissions, they are not immune from environmental challenges filed by citizens groups, conservation organizations and even competitors — so project developers must plan their environmental and permitting reviews carefully, say Jonathan Brightbill and Madalyn Brown at Winston & Strawn.

• Gulf Coast Offshore Wind: Opportunities And Challenges

  

  A recent announcement from the U.S. Department of the Interior signals opportunities for clean energy developers on the Gulf of Mexico outer continental shelf, but offshore wind projects in the region will still face many environmental and technical hurdles, say attorneys at Shearman.

• Court Challenges, New Regs May Slow Infrastructure Plans

  

  The U.S. Senate's passage of the bipartisan infrastructure bill heralds possible opportunities for companies in construction, finance and related sectors — but pending litigation and anticipated revisions to National Environmental Policy Act regulations might further complicate the already convoluted federal approval process for individual projects, say Carla Consoli and James Voyles at Lewis Roca.

• Clear Documentation Helps Avoid Power Project Disputes

  

  Claim trends show that a major driver of international arbitration disputes over the building and commissioning of power generation projects is lack of clarity around the scope of work to be performed by different parties — so defining and documenting all participants' responsibilities from the start can help head off conflicts, say engineers at Exponent.

• Beyond Maui: Groundwater Guidance Still Needed

  

  A Hawaii federal court recently became the first to apply the U.S. Supreme Court's decision in County of Maui v. Hawaii Wildlife Fund to rule on whether a permit was required for discharges from groundwater to waters of the United States, but more clarity from policymakers on this issue is still needed, say Kenneth Reich and Stephen Reich at Kenneth Reich Law.

• Justices' Pipeline Ruling Is A Close Call For Gas Industry

  

  While a recent Law360 guest article opined that the U.S. Supreme Court's PennEast Pipeline v. New Jersey decision will likely have little impact, the ruling's one-vote margin shows that the U.S. natural gas pipeline system may be more vulnerable than previously thought, says Laura Olive at NERA Economic Consulting.

• Worse Can Be Better For Nonjudicial CERCLA Allocation

  

  With the U.S. Supreme Court's recent Guam v. U.S. decision potentially reviving some previously time-barred claims under the Comprehensive Environmental Response, Compensation and Liability Act, parties seeking nonjudicial Superfund settlements should consider that a quicker, less in-depth allocation process may produce a better result, says William Ford at Lathrop GPM.

• High Court Ruling Won't Stop States From Thwarting Pipelines

  

  While the U.S. Supreme Court recently held that PennEast had the power under the Natural Gas Act to take right-of-way interests in land owned by New Jersey for construction of its pipeline, the decision eliminates only one means by which states can block such development, say ​​​​​​​Yvonne Hennessey and Mark McNamara at Barclay Damon.