Inflation Reduction Act
Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months
To listen to the podcast, please click here . Earlier this month, New York's Commercial Division, a department within the New York State court system designed to handle complex commercial disputes, established new procedures that provide a voluntary, alternative track...
Supreme Court to Determine Whether Agencies Must Undergo Notice and Comment Prior to Changing an Interpretation
The Supreme Court has agreed to hear a case that could have far-ranging implications for agency proclamations that impact the business community. On Monday, June 16, 2014, the Supreme Court granted certiorari in Nickols v. Mortgage Bankers Assoc. , No...
Delaware Court Clarifies Director and Officer Liability in M&A Transactions
In Chen v. Howard-Anderson , 87 A.3d 648 (Del. Ch. 2014), the Delaware Court of Chancery (Laster, V.C.) held that directors and officers can be held liable for their participation in a change-of-control transaction if their decision-making was impacted by...
EPA's NY/NJ EPCRA Sweep Points to Broader Enforcement Effort
Last week's announcement by the US EPA of EPCRA violations at 17 facilities comes as part of the Agency's heightened scrutiny of chemical storage facilities in the aftermath of the West, Texas explosion and the Charleston, West Virginia release into...
The Supreme Court's Limelight Continues to Rein in the Federal Circuit
For the second time in less than two months the Supreme Court unanimously redefines patent law by overturning a Federal Circuit case regarding induced infringement. 1 In Limelight Networks, Inc. v. Akamai Technologies, Inc. , the Supreme Court overturned an...
Second Circuit Clarifies the Limits on The Extraterritorial Application of U.S. Securities Laws
To listen to the podcast, please click here . On May 6, 2014, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative securities class action brought by purchasers of foreign issued-securities on a foreign...
Protecting Yourself Against Data Breach: Don't Be a Target
To listen to the podcast, please click here . On May 5, 2014, Target Corporation Chief Executive Officer Gregg Steinhafel resigned after having been with the company for 35 years, another casualty of the massive data breach that continues to...
Echoes from the Gunn? Aggravated States and Demand Letters
To listen to the podcast, please click here . A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world...
Spill Prevention under the Proposed Waters of the United States Rule
We've blogged about the scope of EPA's proposed Waters of the United States rule and whether it provides any additional clarity to the current regulatory scheme. With this post, we'll start to outline some direct potential impacts on different segments...
Proposed "Waters of the U.S." Rule: Can Significant Nexus Be Clarified?
On March 31 , we discussed that, at best, EPA's and the Corps' proposed rule defining what waters fall under federal jurisdiction provides only partial clarity. The agencies have done little to clarify the circumstances in which there is no...
Texas One Step Closer to Obtaining Authority to Issue GHG Air Permits
As anticipated, on March 26, 2014, the Texas Commission on Environmental Quality (TCEQ) adopted rules to implement House Bill 788, which required the Commission to establish greenhouse gas (GHG) emissions rules. The new rules will become effective on April 17...
What do "Abacus Guy," Mom, and Computers That Say "Stop!" Have in Common? They May be Unpatentable Abstract Ideas.
To listen to the podcast, please click here . Nine Justices of the Supreme Court and three oral advocates held over 100 spectators at bay for just over an hour as they debated—of all things—patents. Today’s case, Alice Corp. vs...
Proposed "Waters of the U.S." Rule Improves Regulatory Clarity - In Part
On March 28, we looked at the question of whether the rule proposed by the U.S. EPA and Army Corps of Engineers redefining their Clean Water Act jurisdiction was just a restatement of the current law. Today we will look...
Oklahoma Enters the Fray of Endangered Species Sue-and-Settle
On March 17, 2014, the State of Oklahoma sued the U.S. Department of the Interior, taking aim at the U.S. Fish and Wildlife Service's habit of settling large Endangered Species Act cases with Environmental Non-Governmental Organizations. The lawsuit signals an...
Delaware Supreme Court Confirms The Path to Business Judgment Review In Controlling Stockholder Transactions
To listen to the podcast, please click here . On March 14, 2014, the Delaware Supreme Court issued its eagerly-awaited decision in Kahn v. M&F Worldwide Corp. , No. 334, 2013 (Del. March 14, 2014). The Court affirmed the Chancery...