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Inflation Reduction Act
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...
Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions
In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor Standards Act (FLSA). In Genesis...
Batting Practice with DNA Patents at the U.S. Supreme Court
The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in search of the line demarcating the patent eligibility...
FERC Punts on Closely Watched Request to Order a Shale Oil Pipeline Interconnection
In an order issued on March 22, the Federal Energy Regulatory Commission ("FERC") once again declined to require an interstate oil pipeline to grant an interconnection requested by another pipeline. The order, issued in response to a complaint by High...
Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions
In a recent decision issued by the Delaware Court of Chancery, Chancellor Strine enjoined an incumbent board from impeding a shareholder consent solicitation that sought to install a competing slate of directors. The Court held that the incumbent board likely...
Supreme Court Limits Class Action Plaintiffs' Ability to Manipulate Jurisdiction
On March 19, 2013, the United States Supreme Court issued a unanimous opinion in Standard Fire Insurance Co. v. Knowles barring class action plaintiffs from using stipulations that limit the amount in controversy to avoid removal from state courts under...
Two Polar Bear Decisions in Two Weeks: Their Significance for Climate Change, Endangered Species and Project Development
The end of February saw a flurry of news regarding the status of the Polar Bear under the Endangered Species Act. On February 20, the US Fish and Wildlife Service reissued its so-called "4(d)" rule regarding the Bear, outlining the...
USCIS Publishes New Employment Eligibility Verification Form I-9 for Use by Employers Effective Today, March 8, 2013
Today, March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the new version of the Employment Eligibility Verification Form I-9 (Form I-9) to be used by employers effective immediately. Employers are required to verify on the Form I-9...
Supreme Court Holds That Proof Of Materiality Is Not A Prerequisite To Certification Of Fraud-On-The-Market Securities Class Actions
On February 27, 2013, the United States Supreme Court issued its decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds , No. 11-1085, 568 U.S. __ (2013). In an opinion authored by Justice Ginsburg, 1 the Supreme Court...
Employers Must Post New FMLA Poster
No later than March 8, 2013, all employers covered by the Family and Medical Leave Act (FMLA) must display a new poster issued by the Department of Labor. The poster reflects recently adopted changes to FMLA regulations, most of which...
Key Trademark Rights Protection Mechanism for New Top-Level Domains Opens March 26, 2013
The first of hundreds of new generic top-level domain name (gTLD) registries 1 are expected to launch in the summer of 2013. The Internet Corporation for Assigned Names and Numbers (ICANN), the NGO that regulates the domain name space, published...
Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive facilities. The Court's ruling in this carefully watched suit...
Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts
On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. 1 The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard in...
Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision , found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the Eleventh Circuit Court...
FTC Proposes Rules for Withdrawal of HSR Merger Filings
The Federal Trade Commission (FTC) has proposed formalizing its process for handling withdrawals of merger notifications under the Hart-Scott-Rodino (HSR) Act in order to better allocate its resources. The proposed changes to the HSR rules, which have been published for...