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Inflation Reduction Act
The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law
Earlier this year, we reported on the Delaware Court of Chancery's decision in Auriga Capital Corp. v. Gatz Properties, LLC , wherein Chancellor Strine held that traditional fiduciary principles apply to LLC managers or members by default. See Delaware Chancery...
Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk
On January 1, 2013—immediately after passing the fiscal crisis bill—the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have eroded the patent term of approximately...
Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support
Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton 1 from the Supreme Court of Texas. 2 The case involves a claim of attorney malpractice in an underlying patent litigation matter. The...
Supreme Court Allows Fifth Circuit Ruling on Private FLSA Settlements to Stand
On December 10, 2012, the United States Supreme Court declined to review a recent ruling of the Fifth Circuit Court of Appeals, which approved a private settlement of employees' claims for unpaid overtime under the Fair Labor Standards Act (FLSA)...
PHMSA Inspections to Focus on Integrity Management Program Evaluations
Effective immediately, Pipeline and Hazardous Materials Safety Administration (PHMSA) inspections will emphasize the review of operator methods for integrity management (IM) program evaluations, the agency said in an Advisory Bulletin released earlier today. PHMSA also stated that it will carefully...
Lame-Duck Patent Reform Goes Almost Entirely Unnoticed
With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent system. This time, few seem to...
FERC Tees Up Enforcement for 2013
The specter of enforcement actions by the Federal Energy Regulatory Commission is looming large over the energy industries. In the post-election flurry of FERC enforcement activity, FERC curtailed JP Morgan Venture Energy Corp.'s authority to sell power at market-based rates...
New USPTO Dallas-Fort Worth Regional Satellite Office Finds Home in Downtown Dallas Location
The US Patent and Trademark Office (USPTO) recently announced that downtown Dallas will serve as the site for its Dallas-Fort Worth regional satellite office. The office is expected to be a place where small businesses and entrepreneurs can learn how...
Post-2012 Election Outlook for Shale Gas Industry
The extraordinary increase in the production of natural gas from shale formations in the U.S. played a central role in the 2012 elections. As President Obama and Governor Romney campaigned throughout the battleground states of Ohio, Pennsylvania, Virginia, Colorado and...
The Outlook for Environmental Enforcement in 2013
President Obama's re-election is expected to bring continued, aggressive enforcement efforts at the civil and criminal levels. To the extent that legislative initiatives on key issues like climate change, shale gas, and offshore drilling are delayed or given a lower...
VIDEO: Chapter 11 Check Up
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SEC Seeks to Alleviate Chief Compliance Officers' Concerns Regarding Recent Enforcement Actions
On November 4, 2015, Andrew Ceresney, Director of the Division of Enforcement of the Securities and Exchange Commission (SEC), presented the keynote address at the 2015 National Conference of the National Society of Compliance Professionals. In his speech, Mr. Ceresney...
FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets
On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and pipeline assets, despite identifying several competitive concerns...
FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets
On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and pipeline assets, despite identifying several competitive concerns...
What's in Store for Offshore Energy After the 2012 Election
President Obama describes his energy policy as an "All of the Above" approach that encourages production of traditional fossil fuels while supporting the growth of renewables. Despite an increase in overall U.S. energy production over the past four years, output...