Inflation Reduction Act
Bad Faith Patent Litigation Is Bad News For Plaintiffs
Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must continually assess the soundness of pending infringement...
Checking Off the List: DOE Approves a Third Non-FTA LNG Export Authorization
The Department of Energy ("DOE") recently issued its third order authorizing the export of liquefied natural gas ("LNG") to non-Free Trade Agreement ("FTA") countries. This latest order, for Lake Charles Exports, LLC ("Lake Charles"), will allow exports of up to...
SEC Fraud Charges Against School District Demonstrate Increased Focus on Disclosure Compliance by Municipal Issuers
On July 29, 2013, the Securities and Exchange Commission announced that it had charged an Indiana school district and its underwriter with securities fraud for falsely stating in a 2007 offering document that the issuer was in compliance with its...
CFTC Exercises Disruptive Trading Authority for the First Time
By order dated July 22, 2013, the Commodity Futures Trading Commission ("CFTC" or "Commission") settled charges against Panther Energy Trading LLC and its principal Michael Coscia for engaging in the disruptive trading practice known as "spoofing." The CFTC charged that...
CFTC Exercises Disruptive Trading Authority for the First Time
Bob Pease served as team leader and one of the authors of the CFTC Disruptive Trading Interpretive Guidance and Policy Statement that put into place the spoofing rule. By order dated July 22, 2013, the Commodity Futures Trading Commission (CFTC...
Backing Fracking: UK Government Announces Shale Gas Incentives
The UK Government has demonstrated its commitment to the establishment of a shale gas industry by announcing details of proposed tax incentives to be offered to project developers. Guidance relating to the planning process for obtaining project approvals has also...
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...
Experts: Bankruptcy May Give Detroit Chance to Start Fresh
[video] Detroit, once the prosperous home of the U.S. auto industry, has gone bankrupt. It is the largest city in U.S. history to seek protection from creditors while it negotiates a plan to reorganize. Detroit's troubles reflect the loss of...
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...