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Inflation Reduction Act
FERC Requires Filing of Additional Oil Pipeline Rate Base Information
On July 18th, the Federal Energy Regulatory Commission ("FERC") approved a final rule that makes substantive changes to the components of FERC Form 6, which interstate oil pipelines are required to file each year. [1] The rule requires additional reporting...
SEC Lifts Ban on General Solicitation
On July 10, 2013, the Securities and Exchange Commission (SEC), in a 4-1 vote, adopted a rule lifting the ban on "general solicitation" and advertising in Rule 506 offerings. The ban has historically barred issuers from publicizing fundraising efforts and...
FERC Assesses Record Civil Penalty But the Story Is Just Beginning
By Order dated July 16, 2013 the Federal Energy Regulatory Commission (FERC) assessed civil penalties against Barclays Bank Plc. and four of its traders – Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith (Order). The Order is notable for...
FERC Assesses Record Civil Penalty But the Story Is Just Beginning
By Order dated July 16, 2013 the Federal Energy Regulatory Commission (FERC) assessed civil penalties against Barclays Bank Plc. and four of its traders "“ Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith (Order). The Order is notable for...
Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance
On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities. For the time being, no jurisdiction in the country is required to seek pre-clearance from...
High Court Finds Antitrust Scrutiny Applies to Pay-for-Delay Settlements
On June 17, 2013, the U.S. Supreme Court determined that the Federal Trade Commission’s (FTC) antitrust challenge to a reverse payment settlement agreement between drug manufacturers, otherwise known as a “pay-for-delay” deal, may go forward, reversing the Eleventh Circuit’s dismissal...
Salinas v. Texas: Your Silence May Be Used Against You
On June 17, 2013, the Supreme Court of the United States issued an opinion with important ramifications for anybody who may be interviewed in connection with a criminal investigation. In Salinas v. Texas , 570 U.S. ___ (2013) (Slip. Op...
EPA Issues New Final Greenhouse Gas Clean Air Act Permit
On June 10, 2013, EPA issued a final greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) permit to PL Propylene, LLC for construction of combustion turbines, heaters, waste heat boilers, and a flare at an existing propane dehydrogenation plant in...
Class Arbitration: Arbitrator's Interpretation Subject to Limited Review
Reflecting the limited judicial review of an arbitrator’s decision, on June 10, 2013, the United States Supreme Court issued a unanimous opinion in Oxford Health Plans LLC v. Sutter affirming an arbitrator’s interpretation of a contract to allow class action...
Beyond Trolling the Trolls: White House Acts to Curb Abuse by Patent Assertion Entities
Earlier this year, President Obama addressed frivolous patent suits in a Google+ hangout session, commenting that Patent Assertion Entities (PAEs) "don't actually produce anything themselves" and assert patents "to essentially leverage and hijack somebody else's idea and see if they...
Texas Puts its Lone-Star Spin on Trade Secret Protection
Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. 1 Texas recently joined the other forty-seven states 2 in implementing a version of...
DOE Approves LNG Export Authorization for Freeport LNG "“ A Win for LNG Exports?
The Department of Energy recently authorized Freeport LNG Expansion, L.P. ("FLEX") to export LNG to non-Free Trade Agreement countries. Importantly, this is the first order on LNG exports issued by the DOE since it collected comments on its two-part LNG...
OFCCP Requiring Contractors to Use Latest Census Data for AAPs
On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the U.S. Census Bureau in...
Department of Labor Issues Final Rule Increasing Salary Threshold for Exempt Positions
Following over 270,000 comments on its proposed rule, the Department of Labor (DOL) today issued the final rule revising the requirements for exemption from overtime pay for salaried workers. The DOL expects the rule to extend overtime pay protections to...
Shippers Rolling the Dice to Gain Oil Pipeline Capacity
With the growing capacity constraints on oil pipelines, the Federal Energy Regulatory Commission ("Commission") has recently extended the bounds of what it considers acceptable methods of apportioning limited capacity. In Seaway Crude Pipeline Company LLC , 143 FERC ¶ 61,036...