Insights

On November 1, 2018 Inframation held its first-ever gathering in New York City of some of the main investors, advisors and funders active in Latin American infrastructure. We commend Inframation for creating a convivial atmosphere, as well as a forum...

Ann Navaro and Ryan Eletto of the Environmental Strategies Group will discuss highlights from the Administration’s Fall 2018 Agenda of Regulatory and Deregulatory Actions. The Agenda is a forecast of federal agencies’ proposed rulemaking actions with the goals of more...

First introduced by the tax reform legislation signed into law in late 2017, Opportunity Zones present a new opportunity for taxpayers to defer and/or eliminate tax liability and, at the same time, spur much needed economic development in underserved communities....

-- IRS and Treasury Department Release Proposed Regulations on Opportunity Zones -- Coming out of the Dark: Energy Storage and Renewable Tax Credits

On October 19, 2018, the IRS and Treasury Department released highly-anticipated proposed regulations (the Proposed Regulations) under Section 1400Z-2 of the Internal Revenue Code of 1986, as amended (the OZ Statute). The OZ Statute, which was enacted pursuant to the...

The increased demand for energy from renewable sources and the resulting growth of the renewable energy industry has led to the development of an increasing body of law designed to address issues specific to this sector. Recently, questions have come...

On October 25, 2018, a jury in the Southern District of Texas found oilfield mud engineers were exempt from overtime requirements of the Fair Labor Standards Act (“FLSA”) under the Administrative Exemption. This victory for the employer is unique because...

The IRS recently issued a Private Letter Ruling (the “PLR”) revoking a hospital organization’s section 501(c)(3) status for failing to comply with the section 501(r) requirements. 1 In what may be a sign of things to come, the PLR serves...

The past month has seen interesting developments in the antitrust M&A arena, including the first ever successful private antitrust merger challenge resulting in a divestiture order, and the announcement by the Department of Justice’s Antitrust Division of several reforms aimed...

Economic sanctions, in one form or another, have been applied for centuries to effect change in the activities or policies of states, groups or individuals. Sometimes they are perceived as geopolitical economic weaponry, leveraging the intertwined nature of the world’s...

In May 2018, the United States Supreme Court issued an opinion upholding the validity of class-action waivers in employee arbitration agreements. Significant media coverage of that opinion has led many employers to evaluate whether to require employees to arbitrate employment-related...

On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB) in AIA proceedings....

-- IRS Issues Interim Guidance Applicable to Tax-Exempt Investors in Private Equity Funds -- If You Build It, They Will Come: Satisfying the ITC’s Start of Construction Requirement -- Congress Heads Home After 2.0 Victory Lap; Election to Determine Fate...

Bob Nichols and Kevin Collins discuss preparations for an OSHA process-safety-management-standard (PSM) inspection. OSHA issued the PSM standard to help ensure the safe management of highly hazardous chemicals. The standard integrates hazard assessment, technology, procedures, and management practices, and PSM...