If enacted into law in its current form, the Build Back Better Act would substantially extend and expand available clean energy tax incentives, including the investment tax credit (“ITC”), the production tax credit (“PTC”), and the carbon capture and sequestration credit. Gibson Dunn lawyers examine the current state of the proposed legislation.
Client Alert | October 13, 2021
Seven Gibson Dunn partners were featured by Who's Who Legal in its Energy 2021 guide. Houston partners Michael P. Darden and Hillary Holmes were recommended in Energy – Oil & Gas.
Firm News | August 10, 2021
Three Gibson Dunn partners were featured by Who's Who Legal in its Project Finance 2021 guide. New York partner Tomer Pinkusiewicz was recommended as a Global Elite Thought Leader.
Firm News | August 4, 2021
Expert Guides has named 33 Gibson Dunn partners to the 2020 edition of its Banking, Finance and Transactional Guide, which recognizes the top legal practitioners in the industry.
Firm News | October 7, 2020
Expert Guides has named 13 Gibson Dunn partners to its 2020 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law.
Firm News | September 22, 2020
Eight Gibson Dunn partners were recognized in Who’s Who Legal Asset Recovery 2020, Energy 2020, and Product Liability Defence 2020 guides. Dubai partner Graham Lovett was recommended in Asset Recovery.
Firm News | August 12, 2020
As you navigate through the implications of the pandemic on your business, below is a high level list of some of the key issues to consider with respect to one or more events or consequences caused by the COVID-19 pandemic (“COVID-19 Event”) in reviewing your project agreements and financing documents.
Client Alert | April 27, 2020
The Denver Business Journal has named Denver partner Robyn Zolman to its annual Top Women in Energy list. The report was published on April 24, 2020. Robyn Zolman’s practice is concentrated in securities regulation and capital markets transactions.
Firm News | April 27, 2020
In its 2020 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 84 first-tier rankings, of which 31 were firm practice group rankings and 53 were individual lawyer rankings.
Firm News | April 24, 2020
Best Lawyers in Singapore 2021 has recognized five Gibson Dunn attorneys as leading lawyers in their respective practice areas: Troy Doyle – Insolvency and Reorganization Law; Jai Pathak – Banking and Finance and Mergers and Acquisitions Law; Brad Roach– Energy Law and Mergers and Acquisitions Law; Saptak Santra – Banking and Finance and Energy Law; and Jamie Thomas – Banking and Finance.
Firm News | April 13, 2020
The Denver Business Journal has named Denver partners Gerald (Jerry) Farano, Beau Stark and Robyn Zolman to its 2019 list of Who’s Who in Energy, featuring “the movers and shakers in metro Denver’s fast-moving energy industry.” The list was published on November 22, 2019.
Firm News | November 22, 2019
Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 13 new partners, effective January 1, 2020. “We congratulate our new partners on this important and well-deserved professional achievement,” said Ken Doran, Chairman and Managing Partner of Gibson Dunn.
Press Releases | November 20, 2019
Ten Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. The Who’s Who Legal Project Finance 2019 guide recognized Houston partner Mike Darden, New York partner Tomer Pinkusiewicz and San Francisco partner Robert Nelson.
Firm News | November 6, 2019
Texas Lawyer named Houston partner Hillary Holmes among four lawyers featured as the “Most Effective Dealmakers” in its 2019 Professional Excellence Awards, an annual list of “fantastic lawyers who have dedicated themselves to building exceptional careers” and “advancing the profession as a whole.” The report was published on September 3, 2019.
Firm News | September 3, 2019
In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.
Firm News | April 25, 2019
The Denver Business Journal has named Denver partner Robyn Zolman to its annual Top Women in Energy list, recognizing “women whose position, knowledge and expertise help guide the industry.” The list was announced on March 14, 2019.
Firm News | March 14, 2019
Law360 named Gibson Dunn one of its five Energy Groups Of The Year [PDF] for 2018. The practice group was recognized for securing deals in the renewable energy space and handling a range of complex financial transactions and litigation.
Firm News | February 1, 2019
Gibson Dunn has been recognized in 12 categories in the 2019 edition of The Legal 500 Asia Pacific. The Singapore office was ranked in the following Foreign Firms categories: Banking and Finance, Corporate and M&A, Energy and Restructuring.
Firm News | January 18, 2019
Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.
Firm News | January 13, 2019
The Denver Business Journal has named Denver partners Beau Stark and Fred Yarger to its 2018 list of Who’s Who in Energy. The list profiles the metro area’s key players in the energy industry.
Firm News | November 22, 2018
Gibson Dunn earned 12 firm rankings and 21 individual rankings in the 2019 edition of Chambers Asia-Pacific.
Firm News | November 29, 2018
Law360 named eight Gibson Dunn partners among its 2018 MVPs and noted that the firm had the most MVPs of any law firms this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”
Firm News | November 28, 2018
Singapore partner Brad Roach was recognized by Who’s Who Legal Thought Leaders: Global Elite 2019. Brad was recognized in Energy, where he was the only attorney recognized in this category for Singapore.
Firm News | November 21, 2018
Last week, President Trump signed into law the America's Water Infrastructure Act of 2018 (the "Act") that, among other things, amends Section 205 of the Federal Power Act to make it easier to challenge new electric transmission rates for utilities regulated by the Federal Energy Regulatory Commission ("FERC" or "the Commission").
Client Alert | October 31, 2018
On September 28, 2018, President Trump signed into law amendments to Section 203 of the Federal Power Act that, among other things, narrow the scope of transactions that require prior approval from the Federal Energy Regulatory Commission (“FERC”).
Client Alert | October 1, 2018
Nine Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal Corporate Tax 2018, three partners were recognized: Sandy Bhogal (London), Hatef Behnia (Los Angeles) and Eric Sloan (New York).
Firm News | August 1, 2018
Click on PDF On July 30, 2018, the Environmental Protection Agency ("EPA") published a final rule amending the national minimum criteria for existing and new landfills and surface impoundments that contain coal combustion residuals ("CCR"), also known as coal ash.
Client Alert | July 31, 2018
Five Gibson Dunn partners were recognized in Who’s Who Legal’s Energy 2018 guide: Houston partners Michael Darden and Hillary Holmes, London partner Anna Howell, Singapore partner Brad Roach, and Washington, D.C. partner William Scherman.
Firm News | July 2, 2018
Justin Stolte has been named to Houston Business Journal’s 40 Under 40 Class of 2018, featuring “aspirational young professionals” selected for “leadership, overcoming challenges and community involvement.” His profile ran June 1, 2018.
Firm News | June 1, 2018
At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category.
Firm News | May 25, 2018
Yesterday, the Court of Justice of the European Union (CJEU) issued its much awaited ruling on the compatibility of intra-EU bilateral investment treaties (BITs) with EU law, in Achmea B.V.
Client Alert | March 7, 2018
The Internal Revenue Service (the "IRS") has announced relief from certain time sensitive deadlines for taxpayers affected by Hurricane Harvey (https://www.irs.gov/newsroom/tax-relief-for-victims-of-hurricane-harvey-in-texas).
Client Alert | September 5, 2017
France is great again?Many of you have read positive articles on the new government in France and its freshly elected President, Emmanuel Macron. Is it real?First, one needs to understand the context: a quasi-unknown individual a year ago, Mr.
Client Alert | July 20, 2017
On April 14, 2017, a unanimous panel of the D.C. Circuit Court of Appeals vacated the Federal Energy Regulatory Commission's ("FERC") current approach to setting rate of returns on equity ("ROE").
Client Alert | April 20, 2017
Dubai partner Hardeep Plahe and associate Fraser Dawson are authors of "Watch out for some big M&A plays in 2017: Regional economies could build on some high-profile deals done this year," published in Gulf News on December 19, 2016.
Article | December 19, 2016
Washington, D.C. associate David Fotouhi is the author of "CPP Rollback May Impact SO2 Emissions Trading Markets," [PDF] published by Law360 on December 16, 2016.
Article | December 16, 2016
There is widespread speculation regarding what President-elect Donald Trump and a Republican-controlled Congress will choose to prioritize and pursue in 2017 and beyond. With the majority of pollsters and media observers incorrectly forecasting a victory for Hillary Clinton, many are just now beginning to assess how they will operate under, and the potential opportunities presented by, the policies of the Trump administration and the Republican-led Congress. We would like to share with you some of our initial observations about the potential effects that may be forthcoming in the near term. With Republicans claiming the White House and maintaining control of both the House of Representatives and the Senate, we expect a flurry of legislative and administrative activity con
Client Alert | November 15, 2016
On Tuesday, May 10, 2016, the Commodity Futures Trading Commission ("CFTC") proposed an amendment (the "Proposal") to its 2013 RTO/ISO Exemption Order that would allow private parties to bring lawsuits alleging violations of the anti-fraud and anti-manipulation rules for swaps and derivatives traded in the FERC-regulated markets of Regional Transmission Operators ("RTO") and Independent System Operators ("ISO"), and in Texas.
Client Alert | May 17, 2016
Los Angeles partner Jeffrey Dintzer and associate Elizabeth Schmitz-Robinson are the authors of "The CPUC's Realistic Approach Toward Energy Security" [PDF] published on January 29, 2016 by Law360.
Article | January 29, 2016
1. INTRODUCTION1.1 In April this year, the European Commission (the "Commission") launched an unexpected State aid sector inquiry (the "Sector Inquiry") into capacity mechanisms.
Client Alert | July 20, 2015
In an order issued late in the evening of June 9, 2015, the Federal Energy Regulatory Commission ("FERC") largely approved PJM Interconnection, L.L.C.'s ("PJM") December 12, 2014 Capacity Performance Proposal ("CPP") to restructure its capacity market, the Reliability Pricing Model ("RPM"), over the dissent of FERC Chairman Norman Bay.
Client Alert | June 15, 2015
On April 20, 2015, Vice Chancellor Travis Laster of the Delaware Court of Chancery issued an opinion reviewing actions taken by a committee of the general partner of a master limited partnership (an "MLP") whose only relevant obligation was to act in subjective good faith.
Client Alert | April 23, 2015
Washington, D.C. partner William R. Hollaway and senior counsel Janine Durand are authors of "Competitive Transmission Is Good And It Is Here To Stay" [PDF] published on April 16, 2015 by Law360.
Article | April 16, 2015
Earlier this month, Venezuela announced a new free-floating exchange rate mechanism, which had the effect of massively devaluing Venezuela's bolivar currency.
Client Alert | February 25, 2015
As FERC continues to implement Order No. 1000, it is important that those interested in competitive transmission understand the processes and time frames each RTO/ISO uses to solicit and evaluate competitive transmission proposals. There are important differences in the way each RTO/ISO considers competitive transmission proposals, especially the evaluation factors and criteria each uses.
Client Alert | February 19, 2015
On January 19, 2015, the PRC Ministry of Commerce ("MOFCOM") published the draft Foreign Investment Law (the "Draft Law") for public comments, which is intended to replace the existing foreign investment related laws and regulations (the "Existing Laws") and introduce a more market-based regulatory regime for foreign investments into China.Current RegimeChina currently has three major pieces of legislation governing foreign investments: the Sino-Foreign Joint Venture Law passed in 1979 (the "Equity JV Law"), the Foreign Enterprise Law passed in 1986 (the "WFOE Law") and the Sino-Foreign Co-operative Joint Venture Law passed in 1988 (the "Co-operative JV Law"). A particular form of entity is allowed to be set up in Chin
Client Alert | January 23, 2015
On January 22, 2015, the Federal Energy Regulatory Commission (FERC) proposed significant changes to how it will review future electric utility merger applications.
Client Alert | January 22, 2015
On December 19, 2014, the United States Environmental Protection Agency ("EPA") issued its final rule governing the storage and disposal of coal combustion residuals ("CCRs")--commonly known as "coal ash"--from electric utilities.
Client Alert | December 29, 2014
The wealth of opportunities in emerging markets attracts a significant amount of foreign investment. Making investments in parts of Africa, Latin America, Asia and the former Soviet Union can pay off handsomely if successful. However, those same investments are often exposed to significant political risk.There are ways for investors in emerging markets to limit their exposure to such risk, and counsel can help to identify some of the more compelling options in this regard. Political risk insurance is one well-known option. Another option is to structure (or restructure) an investment, whether in a greenfield project or through an acquisition, to take advantage of the protections offered by a favorable investment treaty. It is the latter option that is the subj
Client Alert | October 6, 2014
In two recent decisions written by Vice Chancellor Travis Laster, the Delaware Court of Chancery provided helpful judicial guidance on the application of the covenant of good faith in the context of related party transactions involving master limited partnerships (MLPs). In both decisions, the Court made clear that when dealing with limited partnerships, contractual terms control and that, once fiduciary duties are contractually eliminated as permitted by Delaware law, courts should not imply terms that would alter the contract or attempt to reconstruct outcomes that fiduciary duty analysis in the corporate setting would generate.An MLP is a publicly traded limited partnership with qualifying assets that is treated as a pass-through entity for federal income tax purposes.
Client Alert | August 11, 2014
As regulators implement Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act"), much of what was left vague in the statute is coming into focus.
Client Alert | July 29, 2014
The sweeping powers of the European Commission (the "Commission") under Article 106 of the Treaty on the Functioning of the European Union ("TFEU") in relation to ex-State monopolies or firms which enjoy "special or exclusive rights" have been vindicated by the European Court of Justice ("ECJ"), after years of inactivity in the implementation of that provision by the Commission.
Client Alert | July 28, 2014
On June 23, 2014, the U.S. Supreme Court ruled in Utility Air Regulatory Grp. v. EPA, that the United States Environmental Protection Agency ("EPA") exceeded its statutory authority under the Clean Air Act when it determined that stationary source emissions of greenhouse gases ("GHGs") would trigger permitting obligations under the Prevention of Significant Deterioration ("PSD") program and Title V of the Act.
Client Alert | June 24, 2014
On June 2, 2014, the United States Environmental Protection Agency ("EPA") issued its long-awaited proposed rule to limit carbon dioxide emissions from existing electric utility generating units ("EGU").
Client Alert | June 4, 2014
After a public consultation period of three months, the PRC State Administration of Foreign Exchange ("SAFE"), China's foreign exchange control authority, issued the Foreign Exchange Administration Rules on Cross-border Guarantees (the "New Rules") on May 19, 2014.
Client Alert | May 20, 2014
On May 14, 2014, the French government extended the blocking power of the French Ministry of Economy with respect to foreign investments regarding six new business sectors.
Client Alert | May 16, 2014
Washington, D.C. partner Bill Scherman, senior associate Jason Fleischer and of counsel Brandon Johnson are the authors of "The FERC Enforcement Process: Time for Structural Due Process and Substantive Reforms" [PDF] published by the Energy Law Journal on May 13, 2014.
Client Alert | May 13, 2014
On April 16, 2014, the public comment period for the Federal Reserve's Advance Notice of Proposed Rulemaking (ANPR) relating to the physical commodities activities of U.S.
Client Alert | April 28, 2014
In an effort to further liberalize the approval regime for outbound investments by Chinese companies, the National Development and Reform Commission ("NDRC"), China's top economic planner, issued the Administrative Measures for Verification and Filing of Outbound Investment Projects (the "New Rules") on April 8, 2014. The Administrative Rules will take effect on May 8, 2014 and are expected to lead to more M&A activities by Chinese companies outside of China. Delegation of AuthorityOutbound investments by Chinese companies require government approval. The approvals are granted by either the central or the local governments, depending primarily on the amount of funds involved in a particular investment. Under the existing rules, for
Client Alert | April 18, 2014
"The Case of the Century" The American Lawyer Join Gibson Dunn for a 90-minute presentation including counsel for Chevron in its recent RICO trial in the Southern District of New York, Reed Brodsky and Annie Champion, in which they tell you everything you need to know about the RICO verdict and how Chevron scored a victory for the rule of law by going on the offensive against a fraudulent foreign judgment.
Webcasts | March 26, 2014
The winds of investigation are blowing in Washington D.C.As you all know, in response to the record cold in the eastern United States, natural gas prices soared over the past few months.
Client Alert | March 7, 2014
On March 4, 2014, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York entered judgment for plaintiff Chevron in Chevron Corp.
Client Alert | March 5, 2014
On 18 December 2013, the European Commission (the “Commission”) launched a public consultation on a new draft of the Environmental Protection and Energy State aid Guidelines (the “EEAG”).
Client Alert | January 10, 2014
The South African government may well have been surprised when Italian mining companies launched legal action challenging mining legislation aimed at addressing certain historical injustices in South African society - measures that were taken to promote human rights.
Client Alert | January 8, 2014
On August 23, 2013, the Occupational Safety and Health Administration ("OSHA") proposed two rules meant to limit employees' exposure to respirable crystalline silica: a potentially harmful substance that is released into the air when workers cut silica-containing materials like concrete or rock, such as in hydraulic fracturing ("fracking") and in many other operations. Crystalline silica is abundant in workplaces across America.
Client Alert | August 28, 2013
After a period of intense political wrangling and lengthy delays, on 2 November 2012 the President of Myanmar signed into effect a new foreign investment law (the FIL) to replace the previous foreign investment law enacted in 1988. The new FIL comes at a time of momentous political and economic change within Myanmar that has seen the country move at an unprecedented pace in rejoining the international community after decades of isolation. Following is a summary of the key provisions of the FIL based on an unofficial translation made available to us, concluding with a brief assessment of the reception the law has received in the foreign investment community.Pertinent AuthoritiesThe FIL designates the Myanmar Investment Commission (the MIC) as the principal government organ for a
Client Alert | November 20, 2012
The Government of India ("Indian Government") has approved a number of significant amendments to India's foreign direct investment ("FDI") policy in a variety of sectors including aviation, broadcasting, power and retail.
Client Alert | October 1, 2012
Printable PDFOn December 15, 2010, the Securities and Exchange Commission (the "SEC") proposed rules to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") relating to: (1) conflict minerals; (2) mine safety matters; and (3) resource extraction issuer payments to governments. Each of the proposed rules was approved by the SEC without questions. Comments on the proposed rules must be submitted to the SEC by January 31, 2011. This Alert is based upon information from the SEC open meeting and related press releases of December 15, 2010.
Client Alert | December 15, 2010
Indonesia's Law No. 4 of 2009 on Minerals and Coal Mining (the 'New Mining Law') replaces Law No. 11 of 1967 (the 'Old Mining Law'). The New Mining law was approved by the President on 12 January 2009 and is now the prevailing law of Indonesia.As is commonplace in Indonesia, the legislation is augmented by implementing regulations, which provide details of the new regulatory regime.
Client Alert | July 2, 2010
A recent federal district court decision in Maryland confirms that the restrictions of the Endangered Species Act (hereinafter "ESA") will be deemed to fully apply to renewable energy projects.
Client Alert | January 25, 2010
European Commissioner for Competition Neelie Kroes is maintaining her push for ownership unbundling in the electricity and gas sectors. Despite the protests of the French and German governments, the Commissioner is intent on forging ahead.
Client Alert | May 4, 2007