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Inflation Reduction Act
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...
Chancery Court Endorses Predictive Coding
Signaling the growing acceptance of predictive coding of electronically stored information - a process by which computer algorithms determine whether a document is relevant - the Delaware Chancery Court this month for the first time endorsed its use. The case...
CFTC Provides a Bit of Last-Minute Breathing Room on Swaps Regulation
On Friday October 12, the Commodity Futures Trading Commission's (CFTC) regulations defining the term "swap" took effect, triggering a cascade of new regulatory requirements pursuant to the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) for entities holding...
Gunning for the Supreme Court: A "Substantial" Case "Arising" from Texas That Means More Than You Think!
On Friday, October 5, 2012, the U.S. Supreme Court granted certiorari in Gunn v. Minton , 1 seeking to address whether the Federal Circuit and other courts following its lead have departed from the Supreme Court's "arising under" jurisdiction standard...
Prepping for CFIUS: Understanding and Managing Foreign Investments in the U.S.
In late September 2012, the Obama Administration blocked plans by a Chinese company to build wind projects in Oregon, citing national security considerations due to the close proximity of a U.S. Navy site near the proposed site. This recent order...
Texas Workforce Commission: New Employment Record Requirement
On September 28, 2012, the Texas Workforce Commission (TWC) proposed a new rule that would require all employers to create and maintain job descriptions for anyone who performed services for the employer over the last four years. Specifically, the TWC...
Beginning October 12th All Book-Outs Must Be Confirmed To Avoid CFTC Regulation
The Commodity Futures Trading Commission (CFTC) rule defining the term "Swap" (Products Rule) becomes effective October 12, 2012. 1 In the Products Rule, the CFTC exempted forward contracts (physically delivered contracts which are not commodity options) from inclusion as Swaps...
Expansion of MSRB Online "Toolkit" Provides New Resources to Organization Account Holders
The Municipal Securities Rulemaking Board (MSRB) recently released new additions to its State and Local Government Toolkit (Toolkit) available online here . Taking center stage is the Electronic Municipal Market Access (EMMA) Trade Monitor, which is designed to help issuers...
The House Cracks the Ice. Will the SEC Sail Through with Municipal Advisor Rules?
Just who is and is not regulated under changes made to federal securities law by the Dodd Frank Act as a "municipal advisor" and consequently a fiduciary to their clients has concerned many since the Securities and Exchange Commission released...
The SEC's New Rules Requiring Annual Disclosure of the Use of Conflict Minerals
The Securities and Exchange Commission (SEC) recently adopted, by a 3-to-2 vote, final rules requiring reporting issuers to disclose annually the use of certain "conflict minerals" originating in the Democratic Republic of the Congo (DRC) and adjoining countries (collectively, the...
The UAE Securities and Commodities Authority Issues Investment Fund Regulations Adopting a "Twin Peaks" Regulatory Approach
Following an extensive consultation period, the UAE Securities and Commodities Authority (SCA) has issued its regulations for investment funds pursuant to Board Decision No. (37) of 2012 Concerning the Regulations as to Mutual Funds (Regulations). The Regulations are significant because...
A Red-Leather Day: Giving Single Color Trademarks in the Fashion Industry a Little Sole
On Wednesday, September 5 th , 2012 the U.S. Court of Appeals for the Second Circuit delivered its much anticipated decision in the case of Christian Louboutin et al. v. Yves Saint Laurent America, Inc., No.11-3303 , holding that Louboutin...
SEC Issues Risk Alert on Campaign Contributions and Pay-to-Play Prohibitions
At the beginning of the Labor Day holiday and in the heart of the campaign season, the SEC's Office of Compliance Inspections and Examinations issued a Risk Alert targeting compliance by investment banks underwriting municipal bonds with rules limiting political...
Employer's Routine Requests to Employees to Keep Internal Investigation Matters Confidential Found Unlawful by NLRB
On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with their coworkers violated Section 8(a)(1) of the National Labor Relations Act...