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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

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Originally broadcast: Friday, July 21, 2023

What do law students today think about values, workplace culture, technology, privacy, work/life balance, and conflicting opinions? Host Allan Marks explores these issues in a candid, wide-ranging roundtable discussion with five 2023 summer associates at Milbank: Heaven Johnson-Branch; Konstantina Katsimeni; Harrison Makaruk; Isabela Motta; and Vishnu Nagireddy. They also share their experiences and opinions on related, timely topics:

• How new technologies (such as AI and blockchain) and shifting privacy norms will influence the practice of law in the next decade
• What aspiring law students should know about building relationships of trust with mentors and peers
• How law schools succeed or miss the mark in preparing law students for diverse legal careers

About the Speakers:

Heaven Johnson-Branch is a law student at Georgetown University Law Center.

Konstantina Katsimeni is a law student at Columbia Law School.

Harrison Makaruk is a law student at Harvard Law School.

Isabela Motta is a law student at University of Chicago Law School.

Vishnu Nagireddy is a law student at Northwestern University - Pritzker School of Law.

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 contractual risk allocation. Allan 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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The United States Federal Energy Regulatory Commission (FERC) regulates US energy markets. FERC’s latest annual report on key market trends noted falling average prices for natural gas and electricity despite increased demand for both. New renewable energy and storage facilities are coming online at a brisk pace, making the grid cleaner and more efficient. FERC is about to get three new commissioners, who will face challenges of interregional transmission constraints and grid-integration of emerging technologies.

In this new episode, “FERC-alicious: US Energy Market Trends & Regulatory Update,” host Allan Marks speaks with Milbank partner Jenna McGrath. They examine how recent FERC actions are impacting markets. They discuss trends in state and federal energy regulation, the expansion of energy storage to bolster grid stability and reliability, and strategies for alleviating transmission and interconnection bottlenecks for new renewable energy projects. They also assess the three new nominees for FERC Commissioner – Judy W. Chang, David Rosner and Lindsay See – and upcoming FERC actions and rulemaking.

About the Speakers

Jenna McGrath is a partner in the Washington, DC office of Milbank and a member of the firm’s Global Project, Energy and Infrastructure Finance Group. She advises developers, lenders, private equity, utilities and large industrial electricity customers (e.g., data centers and mining operations) on laws and regulations governing development of electric generation and transmission projects, and revenues for wholesale and retail electricity and transmission services.

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 contractual risk allocation. Allan 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: Tuesday, December 14, 2021.

A charity encounters surprising roadblocks to building a new cemetery for low-cost Muslim burials in Stafford County, Virginia. In this episode, host Allan Marks follows the cemetery’s path to justice with the lawyers who handled the civil rights case, Tawfiq Rangwala and Melanie Westover Yanez, and their pro bono client, the All Muslim Association of America, at the intersection of religious freedom, land use, and local politics in America today. For additional information, click here.

About the Speakers
Tawfiq Rangwala is a partner in Milbank’s New York office and a member of the firm’s Litigation & Arbitration Group. His practice focuses on the defense of US and international regulatory and criminal enforcement matters, as well as internal investigations across multiple jurisdictions and industries. He also has extensive experience handling federal and state court litigation of complex commercial cases involving securities and corporate law, contract disputes and financial restructuring.

Melanie Westover Yanez is special counsel in the Washington, DC office and a member of the firm’s Litigation & Arbitration Group. She represents clients in federal and state courts in complex commercial litigation and financial restructuring litigation and has experience defending clients in individual and class action cases involving antitrust, securities, and commodities issues.

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 both the Law School and the Haas School of Business.

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What impact will the 2024 presidential election have on antitrust policy, federal merger approvals, and foreign investment in the United States? Uncertainty about future federal policy makes investment decisions this year especially challenging.

In this episode, host Allan Marks speaks with Milbank partners Adam Di Vincenzo and John Beahn about antitrust and CFIUS policy under the administrations of President Biden and former President Trump, discovering both sharp differences and some surprising similarities. They discuss how to anticipate regulators’ concerns and federal enforcement patterns in merger approvals amid political uncertainty in an election year. They analyze divergent trends in antitrust enforcement, highlighting tensions between economic goals that keep domestic markets competitive and national security goals that favor globally dominant US corporations with wide moats. And they explore how CFIUS, the FTC and DOJ are focusing on supply chains, domestic manufacturing, next-generation technology and AI, and the broader question of what it means to be competitive.

About the Speakers
John Beahn is a partner in the Washington, DC office of Milbank LLP with a particular focus on matters related to the Committee on Foreign Investment in the United States (“CFIUS”) and foreign direct investment (“FDI”). He has extensive experience representing clients in national security reviews before CFIUS, the “Team Telecom” executive branch agencies and the Defense Counterintelligence and Security Agency.

Adam Di Vincenzo is a partner in the Washington, DC office of Milbank and a member of the Litigation & Arbitration Group. He has served as lead antitrust counsel for Fortune 500 public companies, and private equity sponsors and their portfolio companies, in dozens of antitrust matters before enforcement authorities in the United States (including the DOJ and FTC) and internationally.

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 contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, B

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The push for cleaner energy has led to greater reliance on intermittent renewable energy resources, particularly solar and wind energy. To integrate these resources into a more efficient and reliable “smart grid” requires new investment in energy storage. What are the best ways to provide resource adequacy and to bridge the gaps between when (and where) power is generated and when (and where) it is needed? California is leading the way with massive new investments in innovative energy storage projects. Developers and utilities are experimenting to optimize battery locations, improve project economics, reduce transmission constraints, and meet variable load requirements. Regulators in California, Texas and elsewhere are taking divergent market design paths with an eye on reliability, efficiency, and affordability, especially as demand patterns and storage technologies evolve.

In this episode, "Energy Storage at Utility Scale: California Goes All-in," host Allan Marks and four leading energy executives discuss the trajectory of California’s energy storage market. The discussion includes Emad Alaydi (a professional engineer and Senior Director at Calpine), Karin Burns (Chief Executive Officer of San Diego Community Power), Howard Chang (President and Chief Operating Officer of Ava Community Energy), and Cathleen Colbert (Senior Director, Western Markets Policy Regulatory Affairs for Vistra Corp.) and was recorded before a live audience in Los Angeles at Voltility’s US Energy Storage Market Outlook 2024, hosted by Milbank LLP.

Emad Alaydi is a Senior Director at Calpine Corp, America’s largest generator of electricity from natural gas and geothermal resources.

Karin Burns is Chief Executive Officer at San Diego Community Power, the second largest Community Choice Aggregate (CCA) program in the state of California.

Howard Chang is Chief Operating Officer of Ava Community Energy, a not-for-profit public agency serves the cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Tracy, and Union City.

Cathleen Colbert is a Director at Vistra Corp., a Fortune 500 competitive retail electricity provider serving nearly five million customers.

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 contractual risk allocation. Allan serves as a

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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