Inflation Reduction Act
Electricity Buy/Sells: Permitted, Prohibited, or Simultaneous Exchanges?
Recently the Federal Energy Regulatory Commission clarified the regulatory status of a type of energy transaction called a "Simultaneous Exchange." However, at the same time, the Commission has created ambiguity in a related area. That is, whether electricity Buy/Sell transactions...
Supreme Court Confirms that Credit Bidding is Alive and Well
Today, the Supreme Court of the United States issued its much awaited decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank , 566 U.S. ______ (2012). The noteworthy decision resolves any uncertainty surrounding a secured creditor’s right to credit bid...
Priority Access on Interconnection Lines: FERC's Policy Under Review
The Federal Energy Regulatory Commission recently issued a Notice of Inquiry seeking comment on whether and/or how FERC should revise its current policy concerning priority rights on interconnection lines that connect generators to the larger transmission grid. Comments are due...
TOUSA Appeal: 11th Circuit Reinstates Bankruptcy Court’s Fraudulent Transfer Opinion as Against All Defendants
TOUSA involved one of the largest fraudulent transfer litigations in bankruptcy history. The Bankruptcy Court agreed with the Unsecured Creditors’ Committee that both the so-called “New Lenders” and the “Transeastern Lenders” received fraudulent transfers as part of a July 31...
Judge Rules NLRB's Fast-Track Election Rule Invalid
On May 14, 2012, U.S. District Judge James Boasberg, a 2011 Obama appointee to the Washington, D.C. District Court, found invalid the National Labor Relations Board's recent rule that would speed up union elections, because the NLRB enacted it without...
Department of Labor's OFCCP Postpones TRICARE Network Provider Compliance Reviews
The U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), the federal agency tasked with enforcing the affirmative action requirements of Executive Order 11246 and related federal statutes, is notifying TRICARE network providers that any on-going compliance reviews...
Extensive New Disclosure Requirements for Underwriters of Municipal Securities Take Effect August 2, 2012
Underwriters of municipal securities will be required to make extensive new disclosures in writing to issuers of municipal securities beginning August 2, 2012 under an interpretation of Municipal Securities Rulemaking Board Rule G-17 (the Notice) 1 approved by the Securities...
Judge Reverses Own Decision to Extend the Texas Sales Tax Manufacturing Exemption to Include Oil and Gas Extraction Equipment
On April 11, 2012, Judge John Dietz issued a ruling from the bench in Southwest Royalties, Inc. v. Combs , Case D-1-GNU-09-004282 (Travis County 250th Dist. Ct.) to extend the Texas sales tax exemption for manufacturing property to include certain...
Texas Ruling Could Expand the Scope of the Manufacturing Exemption from Sales or Use Tax to Equipment Used in Oil and Gas Extraction
In a recent Texas bench ruling, in the case of Southwest Royalties, Inc. v. Combs , Case D-1-GNU-09-004282 (Travis County 250th Dist. Ct.), the court expanded the Texas sales or use tax exemption for manufacturing property to include certain items...
D.C. Circuit Court Blocks NLRB's Notice Posting Rule
Posting Requirement Delayed at least through September 2012 The United States Court of Appeals for the D.C. Circuit today granted an injunction blocking the National Labor Relations Board (NLRB) from implementing its new notice posting rule. The rule would have...
Companies File Rehearing Requests on PJM Western Hub IBT Issue
As previously noted in an Energy Legal Blog post on March 19 , in an order resolving a complaint filed by DC Energy, LLC and DC Energy Mid"Atlantic, LLC against PJM Interconnection LLC (PJM), the Federal Energy Regulatory Commission (FERC)...
South Carolina Federal Court Strikes Down NLRB's Notice Posting Rule
On April 13, 2012, a South Carolina federal district court held that the National Labor Relations Board (NLRB) exceeded its authority in promulgating a rule that requires all employers subject to the NLRB's jurisdiction to post a notice of Employee...
Mandatory Posting Date for NLRB's Notice of Unionization Rights Remains in Effect
Federal Court Partially Upholds Notice Rule and April 30 Posting Deadline On March 2, 2012, a D.C. federal court ruled that the National Labor Relations Board (NLRB) can require all employers subject to the NLRB's jurisdiction to post a notice...
'Round the Turn They're A-Comin'! The Wild Patent Enforcement Ride of Marine Polymer v. HemCon
Problems arise when you suddenly realize that you have prepared for one type of race and you find yourself in the middle of a completely different type of competition. Those involved in patent infringement cases analogize the process to running...
Second Circuit Clarifies Elements of a Domestic Securities Transaction Under Morrison v. National Australia Bank
On March 1, 2012, the United States Court of Appeals for the Second Circuit held that a foreign plaintiff may assert a fraud claim under the federal securities laws based on its purchases of securities issued by U.S. companies that...