Inflation Reduction Act
Paper Beats Rock! The UK Supreme Court rules on the efficacy of 'No Oral Modification' clauses
The UK Supreme Court opinion in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 marks a step change in English law’s treatment of ‘No Oral Modification’ (“ NOM ”) clauses. The Court opined that English law...
Pipeline Security and Cybersecurity: Are Guidelines Enough to Protect Critical Infrastructure?
Since 9/11, no new rules or regulations have been promulgated to address pipeline or LNG facility security or cybersecurity. Although the Transportation Security Administration (TSA) recently released an updated version of its “ Pipeline Security Guidelines ” (Guidelines) that were...
The Congressional Review Act May Be Coming Soon to a Rule Near You
The Congressional Review Act (CRA) has been in the news of late, yet few people know its history, purpose or challenges. Although used only once in its first 20 years, the Act was resurrected at the outset of the Trump...
When is a Seat not a Seat? English High Court grants anti-suit injunction preventing the challenge of an arbitral award in Pakistan
The recent English High Court decision in Atlas Power Ltd -v- National Transmission and Despatch Co Ltd [2018] EWHC 1052 concerns a number of power purchase agreements entered into by Pakistani independent power producers and the national grid company of...
The First Day of the Rest of Our Lives? GDPR Activist Complaints Allege Shortcomings and Seek Maximum Penalties
This is not an email about what the General Data Protection Regulation (GDPR) is. We assume you've received dozens of those recently (including from us) . As those emails promised, GDPR Day 1 finally came. And it began with a...
FTC Warns That Money Doesn't Have to Change Hands to Trigger HSR Filing
In a recent blog posting , the Federal Trade Commission (FTC) issued an important reminder that companies and individuals may have reportable transactions under the Hart-Scott Rodino (HSR) Act even if no payment changes hands. This highlights the need for...
Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor Carrier Act. Scot Carley et...
The Trump Effect on M&A Webinar
Dan Hemli and Josh Zive discussed recent developments in antitrust and foreign investment review of M&A transactions and the practical implications for companies doing deals today under the current Administration.
Invoking the ‘Necessity Defense’ in Pipeline Sabotage Prosecutions
Opposition to new pipeline construction has grown in recent years, moving from public comment to litigation to physical protest and vandalism. In 2016 alone, several coordinated actions led to trespass and vandalism of pipelines and pipeline facilities in multiple states...
Partes On! Survival of Inter Partes Review May Signal an SOS for Parties Entering the Uncharted Waters of Inter Partes Review in the Post-SAS World
The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu , addressing the constitutionality of inter partes review (“IPR”) and determining whether the Patent Trial and Appeal Board (“PTAB”) must decide the...
The Waters of the United States Rule
Sara Burgin provides a breakdown on administrative and judicial developments and speculation related to the future of WOTUS.
Continuing Review of New Pipeline Projects
The Federal Energy Regulatory Commission (FERC) officially announced that it is going to review its policy framework for certification of new interstate natural gas and LNG pipelines in the U.S. and issued a Notice of Inquiry (Notice or NOI)...
Federal Agencies Agree to Speed Project Permitting
The U.S. DOT and 10 other federal agencies signed a Memorandum of Understanding (MOU) on April 9, 2018, which became effective on April 10, 2018. The MOU [1] is intended to implement Executive Order 13807 (Aug. 15, 2017), which established...
Final Gas Mega Rules Expected to be Issued in 2019
The Gas Pipeline Advisory Committee (GPAC) convened in Washington D.C. at the end of March, 2018, to continue discussions from May and December 2017 regarding PHMSA’s proposed gas and gathering pipeline mega rule (“Safety of Gas Transmission and Gathering Pipelines”...
As Steel Tariff Becomes Effective, Commerce Issues Rule for Exclusions
Building off of President Trump’s “Made in America” campaign commitment, the Trump Administration issued a tariff on steel imports on March 8, 2018. The proclamation finds that the imposition of duties on steel articles is necessary to ensure that steel...