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Originally broadcast: March 16, 2023

New York City jails are falling short of the minimum legal standard of access for needed medical care, with thousands of incarcerated people at Rikers Island and other city jails routinely deprived of adequate treatment. Costs per inmate are up, but uniformed correctional staffing is down. The result: an overburdened jail system that is ineffective, inefficient, and inhumane.

In the latest episode, Contemptible Conditions: The Fight For Decent Medical Care in NYC Jails, Milbank Litigation partner Katherine Fell speaks to host Allan Marks about the harsh impact of inmates’ loss of access to critical medical care. She discusses how recent state court decisions have confirmed that the City’s Department of Corrections has failed to provide timely treatment in emergencies and for chronic conditions, and how her work on ongoing litigation aims to remedy the situation.

About the Speakers

Katherine Fell is a partner in the Litigation & Arbitration Group, based in New York. Her practice includes complex commercial and class action litigation, securities litigation, private and regulatory antitrust matters, regulatory investigations, and internal investigations. She has represented clients across a broad variety of industries, including in the fields of finance, media and entertainment, healthcare and pharmaceuticals.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.

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Originally broadcast: April 7, 2023

ESG #14: By 2030, renewables (mainly wind and solar power) are forecast to generate most of Europe’s power and almost half the power in the US and China. Other sectors – like transportation and heavy industry – are also decarbonizing. What drives this energy transition away from fossil fuels toward cleaner energy sources and greater energy efficiency? New regulations are discouraging greenhouse gas emissions, and government policies and market forces are stimulating massive new investment in clean technologies and green energy. Energy security threats and price volatility associated with vulnerable fossil fuel supply chains and climate risks have become more evident. But inflation, rising interest rates and ambivalent politics are still capable of hindering this fundamental shift in how the planet generates and uses energy.

In this new episode, The Energy Transition in Europe and the United States: “Blue Skies Ahead?,” Project, Energy and Infrastructure Finance Group partners Matt Brown and Allan Marks compare notes on the energy transition and the state of the market in the US, the UK and Europe. They analyze in detail some of the tailwinds accelerating green investment (including European climate regulations and the US Inflation Reduction Act), affected technologies (including green steel, natural gas and LNG, hydrogen, renewables, nuclear power, batteries and mining), and the role of different sources of capital (including cross-border investment, private credit funds, banks and tax equity).

About the Speakers

Matt Brown is a partner in the Project, Energy and Infrastructure Finance Group, based in London. He represents sponsors, lenders, export credit agencies, and governments on all aspects of energy and infrastructure development and finance matters world-wide. He has a significant focus on energy transition matters (including battery gigafactories, battery storage, hydrogen and other green industrial projects) as well as oil and gas, LNG, and conventional and renewable power matters.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated con

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Originally broadcast: Friday, July 21, 2023

ESG #15: Treaties and international tribunals interpreting and applying those treaties can impact how governments behave and how companies invest, bringing about concrete effects in the real world. Today, international courts are being summoned to answer questions about responsibility and liability for climate change impacts under international law. In December 2022, the Commission of Small Island States on Climate Change and International Law asked the International Tribunal for the Law of the Sea for an advisory opinion. In March 2023, the UN General Assembly asked the ICJ for an advisory opinion on state responsibilities to mitigate climate change. The decisions of these panels could have far-reaching effects, influencing climate change litigation in regional tribunals and national courts. They will shape and maybe accelerate global initiatives to reduce greenhouse gas emissions, to adapt to climate change, and to compensate for losses and damages.

In this newest episode, Milbank partner Viren Mascarenhas speaks with host Allan Marks about what’s at stake in international climate change litigation. They discuss the potential impact of international climate change litigation decisions on economic policies and environmental laws, and explore the complex interrelationships among international courts, multilateral treaties and bilateral investment treaties.

About the Speakers
Viren Mascarenhas is a partner in Milbank’s NY office and a member of the firm’s Litigation & Arbitration Group. He specializes in international arbitration, public international law, and business and human rights. He has nearly two decades of experience acting as counsel in domestic and international arbitration proceedings under the major institutional arbitral rules as well as ad hoc arbitral rules in a broad range of industries, including chemicals, energy (LNG, oil, nuclear, electricity, power, renewables), and mining and metals. He teaches international arbitration at Columbia Law School, is a Fellow of the Chartered Institute of Arbitrators, sits as arbitrator, and has been recognized for his accomplishments in the field by the major directories, including Chambers and Legal 500.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean

For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.

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