News & Analysis as of

Clinton or Trump? On Energy, the Choice Is Natural Gas

Natural gas will be the clear winner whether you vote for Hillary Clinton or Donald Trump in the upcoming presidential election. While their proposed energy plans are widely different—Clinton is calling for major investments...more

US Further Liberalizes Cuba Sanctions and Export Controls

On October 14, 2016, the United States announced additional measures to liberalize Cuba sanctions and export controls, effective October 17, 2016. The new measures, which are summarized below, authorize additional...more

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering...more

OFAC and BIS Changes to Cuba Sanctions Further Ease Trade and Travel Restrictions

On October 14, 2016, the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) published another round of amendments to the Cuban Assets Control...more

What's Old, What's New And What Works: Infrastructure And Affordable Housing Financing In The Post-Redevelopment Era - Corner...

This is the fourth edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

Energy Bill Goes to Conference

On September 8, House and Senate conferees met for the first time to consider the North American Energy Security and Infrastructure Act of 2016, the comprehensive energy reform bill that has slowly been making its way through...more

Recently Introduced Legislation Designed To Secure Voting Systems

On September 21, 2016, Representative Hank Johnson (R-GA) introduced two bills in the U.S. House of Representatives that aim to protect U.S. voting systems from hackers. These two pieces of legislation—the “Election...more

Both Chambers Pass WRDA Bills: Race Is on to Complete WRDA Work in 2016

The Senate and House both passed Water Resources Development Act (“WRDA”) bills in September, bringing Congress two major steps closer to returning to a regular, biannual process of authorizing projects and activities related...more

Public-Private Partnerships Can Power the Green Economy

At the first presidential debate, Hillary Clinton expressed a desire for the United States to become the “clean energy superpower of the 21st century.” Donald Trump responded that he, too, believes in all forms of energy, but...more

International Task Force to Review Cyber Security of Wholesale Payments

The Bank for International Settlements' Committee on Payments and Market Infrastructures announced that it had established a task force to review the security of wholesale payments that involve banks, financial market...more

The Public-Private Partnership Law Review: France

In France, public-private partnerships (PPPs) are implemented in many economic sectors (e.g., transport, health, justice, education, urban equipment, environment, energy efficiency, telecommunications and culture) for more...more

The Economy – Two Differing Ways to Grow the Economy and Create Shared Prosperity

Outside of their widely divergent tax plans, Secretary Clinton and Mr. Trump emphasize similar issues when discussing their priorities for economic development, including denunciation of Wall Street and the need for more...more

TN Legislative Update: And, the Deannexation Discussion Continues

Just because the Legislature isn’t in session doesn't mean there isn’t work to be done and post-session obligations to keep. You may recall an issue from this year's legislative session that received quite a bit of attention...more

Asia's infrastructure opportunity

Both Japan and China have significantly increased their commitment to invest in Asian infrastructure, but steps must be taken in a number of other areas to unleash the region's full potential....more

White House Issues Presidential Directive Coordinating Government Response To “Cyber Incidents”

On July 26, 2016, President Obama issued a new Presidential Directive setting forth the framework for how the United States (US) federal government will respond to “cyber incidents,” whether involving government or private...more

An Expanding PPP Framework for Qatar

In August 2016, His Excellency, the Minister of Economy and Commerce, Sheikh Ahmed bin Jassim bin Mohamed al-Thani, announced that the State of Qatar is looking to increase direct foreign investment in the development of...more

Constitutional Use of Toll Revenue the Subject of Recent Federal Court Decision

Public agencies with toll-setting authority should take note of a recent federal court decision relating to the uses of user fees and toll revenue, as well as the stated goals of the plaintiff in that case. The U.S....more

Under Construction - September 2016

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

Building Block(chain)s: 6 Key Findings – and Featured Predictions – from the World Economic Forum’s Blockchain Report

The World Economic Forum threw a knockout punch this month when it released its report “The Future of Infrastructure: An Ambitious Look at How Blockchain Can Reshape Financial Services.”1 When Giancarlo Bruno, the World...more

Planning, Tendering and Closing Global PPP Projects

The sovereign funding gap caused by a low oil price environment, coupled with a global period of economic uncertainty, are two drivers leading governments, procuring authorities and state owned enterprises (Authorities),...more

Sustainable Development Update - August 2016 #5

Sustainable Development Focus - More electric cars, more solar power expected as state struggles to reach tough new climate standards - San Jose Mercury News - Aug 28 - Under a landmark bill sent to Governor...more

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

New IRS Management Guidance is Flexible, Furthers P3s

State and local governments and 501(c)(3) organizations have been given very flexible guidance by the IRS for longer-term private management of tax-exempt bond financed projects to facilitate general operations and major...more

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

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