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: 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

Need direction on how to navigate the complex and ever-evolving energy landscape? This panel discusses the critical nuts-and-bolts for structuring and negotiating successful energy M&A deals in today's dynamic market. Our expert panel shares invaluable insights to help you stay ahead of the curve and capitalize on emerging opportunities.

Includes: Video Audio Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Lessons Learned From GCs Behaving Badly (Allegedly) (Replay) It is always better to learn from someone else’s mistakes. Examine examples of in-house counsel allegedly (or admittedly) behaving badly—from alleged assaults and slurs to embezzlement—and what in-house counsel can learn from those situations. Discuss examples of in-house counsel allegedly being punished for doing the right thing, and review applicable Model Rules of Professional Conduct, including Rules 1.13 and 8.4. Joseph T. Clees, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Phoenix, AZ (0.75 hr | 0.75 hr ethics) Ethics and Cybersecurity in the Virtual Practice of Law (Replay) Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision. Anthony Hendricks, Crowe & Dunlevy, Oklahoma City, OK Paige A. Masters, Crowe & Dunlevy, Oklahoma City, OK (0.75 hr | 0.75 hr ethics) Brady v. Maryland, the Michael Morton Act, and the Texas Disciplinary Rules (Replay) The obligation to disclose evidence comes from multiple sources, including constitutional, statutory, and ethical. This presentation discusses each source and recent, significant cases in the area. Carson R. Guy, Texas Court of Criminal Appeals, Austin, TX (0.75 hr | 0.75 hr ethics) What We Say and Do Matters…(Replay) Discuss the various approaches to ensuring that clients with disabilities are treated with the respect and dignity they deserve and is ethically required. Gain insight on how to approach family members, clients, and other professionals as well as practical dos and don'ts when handling cases where the client has limitations. Amanda E. Carter, Matthew Harris Law, PLLC, Lubbock, TX Jennifer L. Coulter, Townsend Allala, Coulter & Kludt, PLLC, El Paso, TX

Includes: Video Audio Paper Slides

THIS MONTH: The Science of Readable Legal Writing • Techniques for Negotiating With Difficult Counterparties  • Election Year Issues: Political Engagement by Nonprofit Organizations • Bank Failures and Banking Distress • ​Safety and Texas Schools: Their Future Depends on What We Do Today • ​Dealing With the Problem of Opposing Counsel

Includes: Video Audio Paper Slides

Session 01: Ethics and Cybersecurity in the Virtual Practice of Law - Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision. Session 02: School Safety in a New World - Discuss recent legislative changes impacting school safety, implementation, and lessons learned to date, and hear practical advice and suggestions as school districts work to comply fully with the legislation and cooperate with multiple involved agencies and their respective guidance. Session 03: So You Think You Know Your Evidence and Procedure? - An interactive and entertaining presentation testing your knowledge of the Texas Rules of Evidence and Procedure. Session 04: Shifting Sands or Quicksand? Negotiating Antitrust Risk in Today's Climate - In a world of increasing antitrust enforcement risk and uncertainty, our speakers discuss the latest trends in negotiating risk allocation provisions between buyers and sellers. With regulators pursuing new theories of harm and aggressively seeking to block mergers, hear how antitrust risk tolerance has changed for both parties to a transaction and what tools they are deploying to address antitrust risk. Explore the proposed new HRS rules and the implications they will have for deal timelines and deal structures. Session 05: Are You Work Authorized? Complex Immigration Status Puzzles for Employers - Employers are often faced with complex immigration status issues when they are trying to onboard new employees and complete the required Form I-9. If they fail to accept certain qualifying documentation, they can be subject to penalties for discrimination. This panel will address common difficult status issues employers should know.

Includes: Video Audio Paper Slides