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FERC proposes to adopt version 5 of NERC’s cyber security standards and takes other reliability-related actions

April 23 2013 The most significant of these actions is the issuance of a notice of proposed rulemaking (NOPR) in which FERC proposes to adopt “Version 5 Critical…

What end-users of derivatives need to know about the Dodd-Frank Act

April 4 2013 Many companies, both large and small, enter into over-the-counter (OTC) derivatives transactions with a bank or other dealer in order to hedge…

Release and indemnification of corporate trustee survives scrutiny (barely)

April 26 2013 Trustees ask their beneficiaries to sign release and indemnification agreements every day. These agreements are thought to avoid the time and expense…

Seventh Circuit addresses obligations regarding the interactive process under the ADA

May 10 2013 A common scenario often faced by employers under the Americans with Disabilities Act (ADA) involves an employee's request for time off as a…

High-stakes poker: has “Tiffany” gone generic?

April 26 2013 Tiffany and Costco are once again involved in high-profile accessories-related intellectual property litigation, this time against each other. On…

U.S. Court of Appeals affirms FERC Order No. 1000 on regional transmission planning and cost allocation

August 15 2014 On August 15, 2014, a three judge panel (Circuit Judges Rogers, Griffith and Pillard) of the United States Court of Appeals for the District of…

Another employer confidentiality policy held unlawful by the NLRB

August 15 2014 Continuing a recent trend, the National Labor Relations Board (NLRB) has found another employer's confidentiality/information security policy to be…

FERC approves $12 million settlement for Reliability Standards violations of Imperial Irrigation District

August 13 2014 On August 7, 2014, FERC issued an order approving a Stipulation and Consent Agreement between FERC's enforcement staff, NERC, and Imperial Irrigation…

Federal contractor update - August 12, 2014

August 12 2014 President Obama's "Year of Action" has a significant focus on federal contractors, and there have been a number of pertinent developments in recent…

FERC staff issues notice of alleged violations in Powhatan case

August 7 2014 On August 5, 2014, FERC's Office of Enforcement (OE) issued a Notice of Alleged Violations (NAV) asserting that Powhatan Energy Fund, LLC, HEEP Fund…