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Post-Election Update 2018
CONTENTS Overview Energy Environment Infrastructure Taxes Trade Policy Consumer Product Safety Congressional Oversight Appropriations Financial Services ________________________________________ OVERVIEW 2018 MIDTERMS: The Power of Women, Possibility, and Partisan Rancor By Scott Segal and Dee Martin The 2018 midterm elections showcased the...
9 Takeaways From Inframation’s Infrastructure Investors Forum Latin America 2018
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...
Discussion of the Administration’s Fall 2018 Agenda of Regulatory and Deregulatory Actions
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...
FLSA: Oilfield Mud Engineers Found Exempt From Overtime by Jury
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...
Latest Developments to Affect Antitrust M&A
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...
International Sanctions and the Energy Sector – Part 1: Iran
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...
Inspector General to Audit LNG Safety Oversight
The Department of Transportation’s Office of Inspector General within the (DOT OIG) announced recently that it will audit oversight of liquefied natural gas (LNG) facilities by the Pipeline and Hazardous Materials Safety Administration (PHMSA). DOT OIG notes that the “self-initiated”...
Employment Arbitration: Trends, Developments & Best Practices
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...
Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings
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...
How to Prepare for and Manage an OSHA PSM Inspection
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...
Legal Professional Privilege: The New Status Quo
Legal professional privilege (“ LPP ”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and its client. As a concept understood, in one form or...
Proposed Regulations on the 20% Deduction for Qualified Business Income Provide Helpful Guidance for the Energy Industry
On August 8, 2018, the IRS and Treasury Department released proposed regulations (the Proposed Regulations) providing guidance on the deduction equal to 20% of an individual’s qualified business income (QBI). As discussed here in greater detail, pursuant to Section 199A...
Industry Impact from Criminal Verdict in Pipeline Oil Spill
On September 7, 2018, a jury in a California state court found Plains All American Pipeline guilty on 9 criminal counts, stemming from a release of 140,000 gallons of crude oil from a Plains pipeline near Santa Barbara in 2015...
Hurricane Preparedness in High Gear on East Coast
Hurricane season is upon us, with Hurricane Florence making its way towards landfall in the Carolinas, currently expected to reach the coast by early Friday morning, September 14, 2018. Tropical storm force winds and heavy rain will reach the coastal...
EPA's New Owner Audit Policy: Making the Most of the Post-Closing Window
In terms of environmental liabilities in mergers and acquisitions, the deal doesn’t end at closing. In fact, one of the most crucial time periods for acquirers is the nine-month window after closing during which they can invoke EPA’s New Owner...