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As covered briefly in our previous article, the “route to market” / offtake arrangements/ revenue contracts are perhaps the key difference between battery energy storage systems (BESS) projects and other project-financed renewable energy projects; often there is material exposure to market (or ‘merchant’) risk and this makes them arguably more challenging to project-finance for lenders.  In this article, we discuss the nature of revenue in a (standalone) BESS project, how electricity storage providers “stack” these revenues and we briefly introduce the contractual structures that are used in connection with the route to market for BESS projects (which we will cover in greater detail in our next article).

After a slightly extended summer break, we return with a summary of the new sexual harassment rules due to come into force in just over two weeks.

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it. Companies and their employees are under intense pressure to increase demand, streamline production, quickly consider applicants and hire new employees, and improve efficiency and productivity. According to a recent survey, AI is used by more than 1/3 of all US businesses for numerous purposes: to draft requisitions for open positions; to create product content; to review and draft contracts; to interview, train, evaluate, discipline, and terminate employees; and to test customer satisfaction, among many other uses. Another 45% of businesses that are not currently using AI are considering implementing it. With AI’s arrival in the workplace, concerns have surfaced regarding its potential risks. The use of AI can lead to multiple and varied issues, such as patent and copyright infringement claims, disparate impact discrimination claims, and violations of the Health Insurance Portability and Accountability Act (“HIPAA”) and other non-disclosure laws. AI also may result in the inadvertent exposure of company trade secrets. It is important that companies be aware of the risks associated with the use of AI in the workplace and are up to date on the constantly changing laws, regulations, and regulatory guidance related to such use. But without comprehensive federal laws, the only current legal framework is a patchwork of inconsistent state and local laws. Further, neither case law nor statutory law is keeping pace with AI advancements. Consequently, there is not currently any uniform and timely guidance with regard to using AI while working.