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Inflation Reduction Act
Post-Election Update 2016
CONTENTS Overview Energy Environment Tax Appropriations & Budget Trade Consumer Protection Financial Services __________________________________________________________________________________________ OVERVIEW The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform...
Does Your Bank's Website Violate The ADA?
There has been a recent surge in claims brought by people with visual and hearing impairments alleging that company websites violate the accessibility standards of the Americans with Disabilities Act (ADA). Until now, these claims have typically been made against...
Court Clarifies Standard For CFTC Price-Based Manipulation Charge
On September 30, 2016, the United States District Court for the Southern District of New York issued an order in CFTC vs Wilson, et. al , 13 Civ. 7884 (NYSD), denying motions for summary judgment in an action by the...
Court Rejects FERC’s Attempt to Limit Defendant’s Rights
On July 21, 2016, the U.S. District Court for the District of Massachusetts issued an order finding that Maxim Power Corp. and several affiliates and an employee (collectively, the “Maxim Respondents”) were entitled to a full trial on the merits...
Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas
On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. 1 In its decision, the court overturned a district court order...
OSHA Delays Enforcement of its New Anti-Retaliation Provisions until November 1, 2016
There have been significant developments impacting the portions of OSHA’s new work-related injury and illness rule scheduled to become effective on August 10. As our
Does Your Company Have "Reasonable" Procedures for Employee Reporting of Work-Related Injuries and Illnesses Consistent with OSHA’s New Rule Effective August 10th?
OSHA’s May 12, 2016 final rule revising its recording and reporting regulations received a great deal of publicity, in large part, because of the new requirements beginning in 2017 for some employers to electronically submit on-the-job injury and illness information...
Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims
On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide the innocent...
Willful Infringement: "If I could turn back time..."
Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics , 1 the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit in In...
New CFPB Rules Threaten More Consumer Class Actions Against Financial Institutions
Recently, the Consumer Financial Protection Bureau (CFPB) announced that it is seeking public comment on proposed rules that would significantly change two aspects of consumer finance dispute resolution. First, the proposed rules limit the effect of mandatory arbitration clauses for...
Manifest Disregard for the Law is Not a Ground for Vacating TAA Arbitration Awards
Last Friday, the Texas Supreme Court, in Hoskins v. Hoskins , No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016), ruled that an arbitration award may not be vacated under the Texas Arbitration Act (“TAA”) on grounds other than those...
High Court Underscores Injury Requirement for Statutory Class Actions
In a critical ruling for businesses concerned by the threat of growing class-action litigation, the Supreme Court decided on May 16, 2016 that plaintiffs must allege a concrete injury-in-fact to maintain statutory class action claims. Writing for the 6-2 majority...
New York Adopts Delaware Standard for Going-Private Transactions
On May 5, 2016, the New York Court of Appeals affirmed the dismissal of a shareholder class action and formally adopted the standard of review for going-private transactions articulated by the Delaware Supreme Court in Kahn v. M & F...
Court Rules on Rights of Respondents in FERC Enforcement Actions
On April 11, 2016, the United States District Court for the District of Massachusetts issued a procedural order denying motions to dismiss actions initiated by the Federal Energy Regulatory Commission (“FERC”) seeking affirmance of two orders assessing civil penalties against...
Industry Groups Alert FERC that the Viability of Contract Formation and Contract Sanctity are at Stake in Review of Initial Decision
On May 22, 2015, the Federal Energy Regulatory Commission (“Commission”) issued Opinion No. 537, [1] reversing the March 28, 2014 Initial Decision [2] in part and remanding for clarification and further findings by the Administrative Law Judge (ALJ). The issues...