As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious nature of the protest grounds and the corresponding flaws in the Continue Reading
Delaware Bankruptcy Court Denies Creditors’ Committee Access to Privileged Documents
In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose underlying the committee’s creation, the court distinguished the role of Continue Reading
Shrewsbury and Its Impact on Delaware Foreclosure Actions
In J.M. Shrewsbury v. Bank of New York Mellon, (Del. Apr. 17, 2017), the Supreme Court of Delaware, sitting en banc, issued a decision of interest to lenders seeking to foreclose on real property in the state of Delaware. In reversing the order of the trial court granting summary judgment in favor Continue Reading
Coal Plant Shutdown: Owners and Operators Need Vision – Part II
Owners and operators planning a plant shutdown benefit from developing a forward-looking "Vision" of their plant site. The Vision is a well-developed plan for the eventual reuse of the plant property that includes not only the process for shutdown, cleanup, and redevelopment but also the steps for Continue Reading
Shrewsbury v. Bank of N.Y. Mellon: Altering the Landscape of Foreclosure Actions in Delaware or Much Ado About Nothing?
J.M. Shrewsbury v. Bank of N.Y. Mellon, 2017 WL 1374746 (Del. Apr. 17, 2017) – The Supreme Court of Delaware, sitting en banc, issued a decision of interest to lenders seeking to foreclose on real property in the state of Delaware. In reversing the order of the trial court granting summary Continue Reading
Electrify, Electrify
This mantra of an environmental movement that would curtail the direct-use of natural gas for heating buildings and hot water is an ironic twist on Henry David Thoreau sitting on Walden pond: “Simplify, simplify,” he wrote. That refrain—helpful today in a technology-saturated life—was written in Continue Reading
Emerging Contaminants Raise Remediation Planning Issues
With regulators beginning to target emerging contaminants and revising relevant action levels, property owners and other potentially impacted parties would be wise to examine their remediation obligations now. The U.S. Geological Survey has defined emerging contaminants as “any synthetic or Continue Reading
Buy and Hire American, to the Extent Possible
On April 18, 2017, at the headquarters of Snap-On Incorporated, a Wisconsin-based manufacturer, Donald J. Trump signed an Executive Order titled "Buy American, Hire American". The Hire American portion, explained in all of two paragraphs in Section 5, requires the Attorney General and Secretaries of Continue Reading
Delaware Supreme Court Redefines Contractual Good-Faith Standard and Cautions Limited Partners that Their Obligations Under LPA Can Be Enlarged Without Their Consent
Brinckerhoff v. Enbridge Energy Company Inc., Del. Supr., No. 273, 2016 (Mar. 20, 2017; revised Mar. 28, 2017) is the fifth opinion issued by the Delaware courts relating to the joint venture between Enbridge, Inc. (Enbridge), and Enbridge Energy Partners, L.P. (EEP). Enbridge is the ultimate parent Continue Reading
The Buy American–Hire American Executive Order: There Will Be Devils in the Details When Buying American
Following up on his repeated promises that the government will buy American and hire American, President Trump signed a Presidential Executive Order on Buy American and Hire American (the “Order”) on Tuesday, April 18, 2017, directing executive agencies to enhance Continue Reading