eCourses

Artificial intelligence has been in the legal and cultural zeitgeist for a few years now. Explore the transformative effects (and lack thereof) of artificial intelligence on the legal industry in that time. Examine both the advancements and limitations, highlighting how AI has streamlined processes, improved efficiency, and where it still falls short in replacing human expertise.

Includes: Video Audio Slides

Session 01: Case Update: U.S. vs. Osage Wind LLC and the Outcome - Learn about an 11-year legal odyssey involving the Osage Nation’s challenge to a large wind farm, including 84 wind turbines situated on fee land within the Osage Reservation in Oklahoma, without a “mining” permit.  After a significant Tenth Circuit reversal, a federal judge granted a permanent injunction, found the project to be a continuing trespass and ordered a trial on damages and conversion. It’s a cautionary tale about tribal sovereignty, land use requirements, the need for community engagement and building support for renewable energy projects. Session 02: Case Update: In re Winter Storm Uri - Winter Storm Uri had an impact across all 254 counties, and the ensuing Multi-District Litigation has seen several phases and appeals. Review the history of the case and update of its current status.

Includes: Video Audio Paper Slides

Co-locating large loads behind the meter creates a win-win. Explore how the renewable generation project maximizes its production of carbon-free electricity, and how the buyer gets lower-cost green energy.

Includes: Video Audio Slides

Learn about dual-use projects, their key benefits, common challenges, and the growing universe of incentive programs.

Includes: Video Audio Slides

Explore the unique title challenges in renewable energy transactions. As the demand for clean energy continues to rise, understanding the intricacies of title work in this sector is crucial. Gain valuable insights into navigating title issues in renewable projects and how they differ from the traditional commercial and residential title insurance projects.

Includes: Video Audio Slides

Session 01: Finance: Introduction to Structure of Construction Financing & Role of Key Parties - Listen to a discussion about the basics of construction finance, loan agreements and their key provisions, conditions to closing, and schedules and exhibits. Explore the role of commercial parties, counsel, and consultants and other third parties in the loan agreement negotiation process.  Session 02: Finance: Introduction to Structures for Tax Equity Investments in Renewable Energy Transactions - The Inflation Reduction Act has led to an uptick in tax equity investments in renewable energy transactions. Look at how these investments are structured and why, including a look at key transactions documents and new emerging hybrid structures that take advantage of tax credit transfers.

Includes: Video Audio Slides

Overview of key differences between early and later stage development deals, conditions to closing, and areas that can and cannot be negotiated.

Includes: Video Audio Slides

This presentation covers deal considerations in project-level renewable energy M&A, including both development-stage MIPAs and later stage Build Transfer Agreements. It briefly touches on deal structuring considerations and look at certain key provisions in the primary transaction documents for each deal type.

Includes: Video Audio Slides

An overview of (a) key development contracts, and (b) the process of raising capital to develop, construct, and operate renewable energy projects.

Includes: Video Audio Slides

Session 01: Texas Regulatory Update - This session provides a comprehensive update of Texas regulatory changes impacting renewable energy projects including the status of the Performance Credit Mechanism (PCM), the PUC’s progress in adopting a reliability standard, an updated Cost of New Entry (CONE) and a new Value of Lost Load (VOLL), ancillary service procurement updates, changes to the transmission planning process and a status report on the Permian Basin Reliability Plan, and other important ERCOT and PUC changes impacting renewable generation. Session 02: Comparison of Interstate Grids’ Regulatory Treatment of Large Load Projects - Learn about the convergence of Resource Adequacy and Load Interconnection policy at a time of increasing energy demand. Explore how the central United States is meeting this challenge and how Texas may set itself apart. Session 03: California Spotlight: New Developments in Project Permitting, Connecting to the Grid, and Energy Markets in the Golden State - Cover selected topics affecting utility- and community-scale renewable energy projects at the state level, including enhancements to the interconnection process, updates on energy markets, permitting reform at the California Public Utilities Commission, and the status of the California Energy Commission’s consideration of “Opt-In” projects that move entitlement decisions to Sacramento.  The speakers will prognosticate on the effects of legislation adopted in recent years, and address nascent issues including the extended day-ahead market, green hydrogen, and offshore wind. Session 04: California Spotlight: Land Related Regulatory and Permitting Considerations - Focus on some of the California-specific laws and regulatory regimes that may impact renewable energy development. Explore local land use considerations, CEQA compliance, and other California project development considerations.

Includes: Video Audio Paper Slides

Learn about ways to organize and streamline the process of engaging a title insurer on projects with long ramp-up periods and large volume of commitments, reviewing and resolving title issues, and preparing your project for construction and financing. Hear about the strategic use of tracking spreadsheets, online platforms and technologies for distribution and real-time access to large volumes of data and suggestions about the best timing for the creation of comprehensive reports and proformas.

Includes: Video Audio Slides

Session 01: California Spotlight: Real Estate Planning, Diligence, and Execution - A high-level discussion of California-specific real estate issues for the renewable energy industry and how developers and other parties can address these issues in contracting, through diligence, and in preparation for financing. Topics include the interplay of lease terms and state tax regimes, mineral rights in CA, Williamson Act/FLSZ, and title insurance. Session 02: Urban Area BESS Projects - Energy storage projects continue to play an important role in resource planning. Discuss why energy storage projects are increasingly sited in urban areas and the benefits they bring to resource planning. Also address the legal, policy, and local communications considerations related to site control, permitting, development (including procurement and installation considerations) and operation of energy storage facilities. Session 03: Legal Considerations in Geothermal Energy Development and Pore Space Rights in Texas - Technological advancements have broadened the potential applications for harnessing geothermal energy from wells in Texas. With applications of this technology exploring ways to combine geothermal wells with subsurface pore spaces, it is important to outline the rights of all interested parties, including the surface, mineral, and geothermal estates. The Texas legal landscape has historically evolved in two separate paths, one concerning geothermal rights and the other pore space rights. However, practitioners are now forced to consider both geothermal rights and pore space rights within the same transaction. Explore the legal complexities surrounding geothermal energy development in Texas, with a particular focus on the ownership and regulation of pore space rights. Session 04: Mechanics’ Lien Coverage and Underwriting in ALTA States - A discussion around coverage over mechanics and materialman’s liens in states around the country and how developers and their title insurers negotiate this coverage between them and for the benefit of lenders. Explore different states’ laws, coverage forms, credit risk and lien law compliance.

Includes: Video Audio Paper Slides

Session 01: Procurement and Construction in Energy Projects - Explore key considerations and potential pitfalls in structuring and carrying out procurement and construction for energy projects, including competitive bid processes, early design and engineering, and key contractual provisions, such as financing and tariff considerations and UFLPA and IRA requirements. Session 02: Flexible Structures for Renewable Energy Construction Financing - Explore how construction financing differs from other types of project financing and discuss case studies to accommodate variable tax equity investment structures (ITCs, PTCs, and direct sponsor transfers).

Includes: Video Audio Paper Slides

The Public Utility Commission, ERCOT, transmission and distribution providers, and generation companies have made significant efforts in the last few years to increase the resilience of the ERCOT grid. Review the progress that has been made and will discuss what still needs to be done to meet future challenges.

Includes: Video Audio Slides

A discussion on the various survey aspects related to project transactions and how collaboration among survey, title, legal, and development is integral throughout the evolution of the project development process.

Includes: Video Audio Slides

Session 01: What's New? - Hear a lively update on developments affecting the renewable energy market. Session 02: Federal Energy Policy - A group of key participants in the renewable energy policy debates in Washington discusses what policy changes to expect from the new administration and Congress, what issues are being intensively lobbied and the outlooks for new tariffs, permitting reforms, further restrictions on foreign entities of concern, UFLPA detentions, and more. Session 03: Federal Regulatory Update - Review what changes may be in store for generator interconnection reforms; transmission planning, permitting, and cost allocation;  greenhouse gas limits; and public lands. Will the Trump Administration reverse Biden’s efforts to facilitate the clean energy transition? Session 04: Texas Legislative Review Update - The 89th Texas Legislature is in session, and the Texas electric market is expected to receive significant attention again. Hear a breakdown of what lies ahead for a flourishing industry facing political challenges in a conservative state including key legislative issues that are expected to be addressed this session.

Includes: Video Audio Slides

Session 01: Public Benefits Overview and Key Concepts - Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations. Session 02: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples. Session 03: The Ethics of SNT Administration - In this session, the presenters review the decisions a trustee makes in administering a trust, the standards a trustee should use in making decisions, and a framework to make sure the trustee’s decisions and actions are ethical. Session 04: Redlining the Basics with 1st Party SNT - Dissect a basic first-party SNT to highlight best practices with various key provisions, a walk-through relevant POMS provisions, and other practical tips in evaluating the use(s) of a first-party SNT. Session 05: Maximizing Public Benefits - Discuss how to identify what benefits your client has; what additional benefits they may be eligible for; what distributions by a trustee (or anyone) will make them ineligible; and what distributions will keep them eligible for those benefits. Session 06: Working Together: Texas ABLE Accounts and Special Needs Trusts - Learn about the tax-advantaged Texas Achieving a Better Life Experience Program (Texas ABLE®), a disability savings program created specifically for Texans with qualifying disabilities. This session covers specifics about Texas ABLE and how it can be used in conjunction with Special Needs Trusts, while helping to preserve state and federal means-tested benefits, including SSI and Medicaid. Learn how recent regulatory and legislative developments have continued to expand the flexibility and impact of ABLE accounts. Session 07: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track. Session 08: Sole Benefit Trusts: What, When, and Why - Focus on the uses of Sole Benefit Trusts, including distinguishing them from other types of special needs trusts. It will include practical application, hypothetical situations, and sample language. Session 09: A Quick Trust Tax Tutorial - You don’t need to be a tax lawyer, but every special-needs planner should know at least the basics of trust income tax. Explore key rules in an accessible way for non-tax practitioners. Session 09: SSA Regional Trust Leads Presentation Regarding SSI Trusts - The centralization of SSI trust reviews business process celebrated its 10-year anniversary in 2024. This session provides a look back, including improved quality, accurate and consistent trust determinations, and technical proficiency of employees. In addition, hear the latest regarding the legal opinion process, early termination, 90-day amendment period, and updates to the trust POMS. Session 11: Special Needs Trusts Ethics Jeopardy - Attorneys and trustees need to clearly understand their ethical obligations. Using the Jeopardy game show format, in this interactive session, the presenters cover various ethical issues encountered in a special needs practice, providing the answers while the audience provides the questions.

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Overview of Renewable Project Development and Finance - An overview of (a) key development contracts, and (b) the process of raising capital to develop, construct, and operate renewable energy projects. Session 03: Empowering the Grid: Title Considerations in Renewable Energy Deals - Explore the unique title challenges in renewable energy transactions. As the demand for clean energy continues to rise, understanding the intricacies of title work in this sector is crucial. Gain valuable insights into navigating title issues in renewable projects and how they differ from the traditional commercial and residential title insurance projects. Session 04: Finance: Introduction to Structure of Construction Financing & Role of Key Parties - Discuss the basics of construction finance, loan agreements and their key provisions, conditions to closing, and schedules and exhibits. Explore the role of commercial parties, counsel, and consultants and other third parties in the loan agreement negotiation process.   Session 05: Finance: Introduction to Structures for Tax Equity Investments in Renewable Energy Transactions - The Inflation Reduction Act has led to an uptick in tax equity investments in renewable energy transactions. Look at how these investments are structured and why, including a look at key transactions documents and new emerging hybrid structures that take advantage of tax credit transfers. Session 06: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Procurement and Construction in Energy Projects - Explore key considerations and potential pitfalls in structuring and carrying out procurement and construction for energy projects, including competitive bid processes, early design and engineering, and key contractual provisions, such as financing and tariff considerations and UFLPA and IRA requirements.  Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

The panel addresses practical concerns commonly faced by practitioners in the estate planning area, including hot-button issues stemming from recent cases, rulings, and regulations. Gain insight into how current "hot" estate planning techniques are being used in the trenches.

Includes: Video Audio Paper

Everyone is mortal but not everyone has an ultra-high net worth. Rummage through the estate planning toolbox and review core techniques to use regardless of your clients’ financial situation. Examine practical strategies, tools, and techniques essential for clients who don't need to worry about estate taxes (but that wealthy clients will appreciate too!).

Includes: Video Audio Paper Slides