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Inflation Reduction Act
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...
The SEC's New Resource Extraction Issuer Rules – Broad, Vague, Costly, Anti-competitive, and Requiring Immediate Action
Introduction. On August 22, 2012, the Securities and Exchange Commission adopted new rules imposing significant new disclosure obligations on resource extraction issuers (“REIs”). The rules, which implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, require...
D.C. Circuit Appeals Court Vacates EPA's Cross-State Rule as Legally Flawed
The United States Court of Appeals for the D.C. Circuit today vacated the Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule (CSAPR) as an unlawful exercise of EPA authority under the Clean Air Act (CAA). The Court also said that...
New America Invents Act Provisions Set to Become Effective in September 2012
The switch to a modified first-inventor-to-file system will not take place until March 16, 2013, but notably several provisions of the Leahy-Smith America Invents Act (AIA) will take effect in one month, on September 16, 2012. The U.S. Patent and...
Sixth Circuit to EPA: Decades of NSR Aggregation/Single Source Applicability Determinations Have Been Wrong
On August 7, 2012, the Sixth Circuit Court of Appeals handed down an important decision that reined in EPA's efforts to try to aggregate oil and gas emissions sources. In Summit Petroleum Corporation v. United States Environmental Protection Agency...
Latest Chapter in New York Market Manipulation Case: Court OKs Morgan Stanley's $4.8 Million Settlement
On August 7, 2012, U.S. District Judge William H. Pauley III granted the Department of Justice Antitrust Division's (DOJ) motion for entry of a consent decree requiring Morgan Stanley to disgorge $4.8 million for its role in an allegedly illegal...
FTC Signals Potential for Greater Use of Monetary Remedies in Competition Cases
The Federal Trade Commission (FTC) has withdrawn its Policy Statement on Monetary Remedies in Competition Cases (Policy Statement) by a 4-1 vote. The Policy Statement, issued in 2003, outlined an analytical framework to guide FTC determination of appropriate circumstances for...
PJM IBTs - What Is Going On?
There is another development in the PJM Internal Bilateral Transactions (IBT) saga. PJM appears to have indirectly threatened to investigate parties that seek to comment on and help resolve the generic issues raised by PJM's interpretation of its tariff and...
2012 Wealth Transfer Tax Laws: The Window of Opportunity is Rapidly Closing
The window of opportunity to take advantage of the currently applicable wealth transfer tax laws is rapidly closing, and once shut, it is possible that we may never see such generous estate planning opportunities again. The unique estate planning opportunities...
Ohio Issues Emergency Rules on Underground Injection Control Activities, Effective Immediately
Companies that own and operate Class II disposal wells in Ohio will now have to comply with tougher standards when using deep injection wells for the underground disposal of brine and other wastes, a regulatory change spurred by findings that...
USPTO Opens a Satellite Patent Office in Dallas
On July 2, 2012, the United States Patent and Trademark Office (USPTO) announced the selection of Dallas, Texas as the location for one of its satellite patent offices, and it was the sole southern city chosen. The Dallas satellite office...
Dual Air Permitting Scheme in Texas Lives On, For Now
The D.C. Circuit Court of Appeals' ruling on June 26, 2012, upholding the EPA's various rulemakings regulating greenhouse gases (GHG) is a significant blow to the numerous oil and gas, electric generating, chemical, and refining companies operating in Texas that...
TCEQ "Compliance History" Rule Change to Affect Regulated Facilities in Texas
At the direction of the Texas Legislature, the Texas Commission on Environmental Quality (TCEQ) has for the last decade provided "compliance history" regulations that generate a score for each regulated facility in the state based generally on the number and...