Yesterday, The Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking ("NOPR") in Docket No. RM09-16 that would permit a new class of transactions to proceed without the need for a Federal Power Act Section 203 order.
FERC proposes new mechanism to facilitate investment in the electric utility sector
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Quirky questions (Dorsey & Whitney LLP)
A female employee of our company filed a Charge with the EEOC that she has been discriminated against because one of our executives is involved in a relationship with a subordinate female employee.
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How conducting exit interviews can help protect your trade secrets (EpsteinBeckerGreen)
HR professionals will tell you that an exit interview is a valuable tool for learning what a company is and is not doing well; what they may not tell you is that exit interviews are also an important tool for managing the risks of the electronic workplace.
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Protecting your ownership of employee-created intellectual property (Masuda Funai Eifert & Mitchell Ltd)
Most employers assume that any intellectual property ("IP") created by an employee in connection with the employee's job duties will automatically become the exclusive property of the employer.
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California court grants summary judgment to CISCO systems on computer fraud and abuse claim, holding that Brekka does not apply to ex-employees (Dorsey & Whitney LLP)
Last week a federal district court in California granted Cisco Systems, Inc. summary judgment on its Computer Fraud and Abuse Act (“CFAA”) claim against an ex-employee who “on multiple occasions and without authorization, . . . used a Cisco employee’s password to gain access to Cisco’s computer systems and download Cisco’s proprietary and copyrighted software.”
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Changing trends in the enforcement of open source software (Bereskin & Parr LLP)
Open source software has not historically generated much litigation.
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Supreme Court to hear several cases affecting labor & employment (Winston & Strawn LLP)
The Supreme Court has accepted seven labor and employment-related cases to be heard in the Court's next term, which begins in October 2010.
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Analysis of the Dodd-Frank Wall Street Reform Act (Hunton & Williams LLP)
This week, President Obama signed into law the "Dodd-Frank Wall Street Reform and Consumer Protection Act" (the "Act").
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Recent cases remind M&A participants of when disclosure of merger negotiations is required (Morrison & Foerster)
Two recent decisions by United States federal courts serve as useful reminders to companies and their advisors of the rules regarding disclosure of merger negotiations.
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Fictional characters in new media (Lathrop & Gage LLP)
Spiderman, James Bond, Wonder Woman, Batman – these iconic heroes remain among the best-known fictional characters of our time, and, as characters, are afforded copyright protection, independent of the works in which they appear.
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Depressed dispatcher unfit for duty, lacked disability or FMLA claim (Fenwick & West LLP)
In Wisbey v Lincoln, a city employer lawfully (a) required a depressed emergency services dispatcher to submit to a fitness-for-duty exam and (b) fired her when she failed the exam.
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Fannie and Freddie not keeping pace (Goodwin Procter LLP)
Property Assessed Clean Energy ("PACE") programs, which offer homeowners access to public dollars to help pay for the installation of solar panels and other energy efficiency upgrades, have become extremely popular across the country.
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Dodd-Frank reform law regulates energy trading (Leonard Street & Deinard)
Today, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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Australian election briefing: climate change and renewable energy (Norton Rose)
Following the announcement of a general election in Australia, we provide an outline of what the the Labor Party, the Coalition (the Liberal Party and the National Party) and the Greens have to say about climate change and renewable energy and we describe the implications for business.
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FERC issues first major ruling on compatibility of state feed-in tariffs with applicable federal energy law (Van Ness Feldman)
In its first major ruling on state feed-in tariffs for renewable resources, the Federal Energy Regulatory Commission (FERC) partially rejected the State of California's proposal to require investor-owned utilities (IOUs) to purchase renewable energy from small renewable generators at state-prescribed prices.
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The Gulf Oil Spill's impact on coastal businesses and employment (Waller Lansden Dortch & Davis LLP)
Not surprisingly, the Gulf Oil Spill has impacted more than the natural environment.
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Senate Democrats abandon climate bill (Van Ness Feldman)
Senate Majority Leader Harry Reid (D-NV), joined by Sen John Kerry (D-MA) and Carol Browner, Director of the White House Office of Climate Change and Energy Policy, announced that legislation to be brought to the floor next week will not regulate GHG emissions nor include a renewable electricity standard.
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Financial reform legislation impacts the energy industry (Hogan Lovells)
On July 21, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act).
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Lawsuits and defendants continue to grow (Waller Lansden Dortch & Davis LLP)
The number of lawsuits and parties blamed for the Gulf Oil Spill continue to rise.
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RenewableUK releases outline scenarios for offshore wind development (Nabarro LLP)
On 29 June, RenewableUK released the report "UK Offshore Wind: Building an Industry".
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Dodd-Frank Act: new disclosure rules relating to extractive industries (Covington & Burling LLP)
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act).
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Third Circuit prevents plan sponsor from eliminating retiree benefits in bankruptcy (Bracewell & Giuliani LLP)
On July 13, 2010, the U.S. Court of Appeals for the Third Circuit held, in a landmark decision, that a plan sponsor which had the right to unilaterally terminate retiree benefits outside of bankruptcy could not exercise that same right during a bankruptcy proceeding.
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COBRA subsidy - another extension (Bracewell & Giuliani LLP)
On April 15, 2010, Congress passed, and President Obama signed into law, the Continuing Extension Act of 2010 (H.R. 4851) ("the Act").
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SEC adopts amendments to Part II of Form ADV (Bracewell & Giuliani LLP)
On Wednesday, July 21, 2010, the Securities and Exchange Commission (SEC) adopted long overdue amendments to Part II of Form ADV (also commonly known as the "brochure").
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ICANN continues march toward generic Top-Level Domains (Bracewell & Giuliani LLP)
In what has been an on-going saga, development, and steady march, the Board of Directors of the Internet Corporation for Assigned Names and Numbers (“ICANN”) recently reiterated its support for its proposed new generic Top-Level Domain (“gTLD”) registration system.
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Hospitals and health care providers: you may be targets of the U.S. Department of Labor (Bracewell & Giuliani LLP)
Office of Federal Contract Compliance Programs is notifying TRICARE network providers of reviews to determine their compliance with affirmative action requirements imposed on federal subcontractors.
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Private Fund Investment Advisers Registration Act of 2010 (Bracewell & Giuliani LLP)
On June 30, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") passed the House of Representatives and is now heading to the Senate floor with the expectation of enactment soon after the Independence Day holiday.
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Intercreditor agreements get trumped (Bracewell & Giuliani LLP)
Intercreditor agreements between first and second lien lenders are created all the time and are therefore not usually glitzy topics for client updates.
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FMLA covers children of same-sex partners (Bracewell & Giuliani LLP)
The Department of Labor's Wage and Hour Division has said it interprets the Family and Medical Leave Act (FMLA) to allow an employee to take leave to care for any child for whom the employee is the primary caregiver, "regardless of the legal or biological relationship.
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Changes to the Kazakhstan Tax Code for 2010 (Bracewell & Giuliani LLP)
As of January 1, 2009, the new Tax Code was enacted in Kazakhstan by Law No. 100-IV dated December 10, 2008 (the "Tax Code") and subsequently amended by the Law of Kazakhstan Concerning Amendments to Certain Tax-Related Legislative Acts of the Republic of Kazakhstan dated December 2, 2009 (the "Tax Code Amendments").
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After the Supreme Court's Free Enterprise Fund decision, could NERC's level of autonomy face a constitutional challenge? (Bracewell & Giuliani LLP)
In Free Enterprise Fund et al. v. Public Company Accounting Oversight Board et al., No. 08-861 (U.S. June 28, 2010), the Supreme Court articulated limits on the extent to which officers of organizations carrying out federal executive functions pursuant to a Congressional mandate may be insulated from Presidential oversight and dismissal.
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