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Zambia Overview After half a decade of downturn in the crude oil market, there is hope of a brighter future: However, the current political transition under the Trump administration has led to uncertainty in the US power sector.
The current developments in the energy sector have prompted a variety of legal issues. On the oil and gas side, new infrastructure projects - such as pipelines, power plants and storage facilities - and the related FERC permitting processes have kept law firms busy.
Contentious matters are often linked to royalty disputes, breach of contract claims, and procurement, engineering and construction disputes arising from energy projects. Law firms are wielding their expertise to address the increasing number of environmental, toxic tort and personal injury cases related to the oil and gas sector.
Legal work in the conventional power realm was dominated by rate and tariff cases, as well as market manipulation claims. In the first half ofthe FERC did not have enough commissioners to field a quorum, which led to backlogs of energy projects and market proceedings.
As a result, will likely see an increase in FERC activity and thus a spike in advisory work and litigation. Deal activity proved robust in the power sector, with significant acquisitions of operating facilities in both conventional power and renewables.
The convergence of traditional and new providers of electricity continued, with many conventional power companies financing and acquiring solar and wind plants. Another feature of the market has been the rapid advances in battery technology - although, as yet, financing of battery projects has been few and far between.
The renewables sector was struck a blow by the imposition of tariffs on imported solar panels, however it looks as if the possible disruption to finance implicit in the new base erosion anti-abuse tax BEAT has been avoided.
Despite uncertainty in the renewables market, saw considerable Canadian investment in renewable energy projects in the US. With the rapid growth of supply from shale gas resources over the past decade, there has been an accompanying fall in US domestic natural gas prices; this has led to rising natural gas exports, both via pipeline to Mexico and to overseas markets via LNG tankers.
As a result, many lawyers were involved in midstream transactional mandates, including the financing of LNG terminals. Upstream work was also in plentiful supply with numerous private equity funds investing in assets in shale plays such as the Permian, Eagle Ford and Marcellus, partly as a result of consolidation in relation to distressed assets.
Nonetheless, many observers anticipate an increase in deregulation-related court activity in The Trump administration has also proposed changes and cuts to the Medicaid system, including the requirement that recipients be working, volunteering or training for a job and changing the way in which Medicaid funds are received.
In the context of healthcare service providers, the consolidation trend has persevered, with providers continuing to merge and create alliances both within states and nationally. Prompted by healthcare budget cuts and enhanced by continued low interest rates, the market has also seen increased interest from private equity investors.
Fraud and abuse claims and investigations also remain key, with many firms strengthening their FCA offerings, while the transition from volume-based to value-based healthcare continues to impact providers, forcing them to change the way in which they provides their services.
Within the life sciences space, firms have seen an increase in clinical development and funding transactions, particularly with private equity involvement. Firms have also noticed issues regarding increasing costs and pricing in the pharmaceutical sector, as well as continued aggressive regulation in patent matters.
While outbound work has also seen some activity, potential tax reforms could introduce an increase in inbound activities in the future.
There has been uncertainty around inbound investment, with investment from China fading as regulations have tightened, however many law firms also report increasing interest from Japanese investors.
Coverage litigation arising from the subprime crisis continued to provide contentious work for many firms, and disputes from healthcare liabilities and natural catastrophes continued to be widespread. Firms noted an increase in high-stakes reinsurance disputes, as consolidation in the industry limited interest in small-dollar disputes.
Cyber insurance and data breach litigation were increasingly prevalent and are becoming key areas of specialism for many law firms as the threat of cybercrime increases and regulations and policies continue to evolve.
The NFL concussion litigation remained a salient issue for contentious sports work. It is expected that if the court strikes down the law then gambling on major leagues could become legal within the next decade.View Steve Gibbs’ profile on LinkedIn, the world's largest professional community.
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