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Inflation Reduction Act
New HSR Notification Thresholds for 2019
The Federal Trade Commission ("FTC") has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act") thresholds, which will become effective on April 3, 2019. The revised thresholds will apply to any transaction closing on or after the...
Opportunity to Improve PHMSA Guidance
Earlier this month, the U.S. Department of Transportation (DOT) issued a notice seeking input from the public on existing guidance documents within DOT and its modal operating administrations, including PHMSA . In particular, DOT seeks input on guidance documents that...
Drafting Effective Separation Agreements; Best Practices and Current Law
Composing separation agreements that are consistent with best practices and a host of relevant legal concerns can be a never-ending endeavor for employers - especially with case law and agency guidance continually evolving. Challenging issues involved in drafting these agreements...
Environmental Issues & Terms in Common Commercial Contracts
The everyday conduct of business necessitates activities that involve important environmental requirements and risks. And those activities are commonly accompanied by written agreements that attempt to address those requirements and prevent, mitigate, and allocate those risks. Tim Wilkins and Daniel...
FTC Decision Highlights Growing Divide on Vertical Mergers
The past couple of years have seen an increase in large “vertical” mergers, combinations of businesses operating within the same industry but at different levels of the supply chain. Some of the most high profile include AT&T/Time Warner, Cigna/Express Scripts...
JOAs and the Operator's "blank cheque" – UK Court of Appeal upholds decision on budget overruns
The UK Court of Appeal in Spirit Energy Resources Limited & Ors v Marathon Oil U.K. LLC [2019] EWCA Civ 11 has affirmed the February 2018 decision of Mr Justice Robin Knowles of the High Court. 1 Knowles J’s decision...
Pipeline Safety Act Reauthorization: Will a New Congress Mean New Mandates?
The federal Pipeline Safety Act (PSA or the Act) mandates minimum safety standards for pipelines and certain associated storage and facilities (including LNG and other terminals). Congress should take up legislation to reauthorize the Act this year. Since the last...
End User of Electricity Forward Contract Found Not To Be Forward Contract Merchant Under Bankruptcy Code Safe Harbor Provisions
On January 15 th , 2019, the U.S. Bankruptcy Court for the Northern District of Ohio held that the end user of an electricity forward contact was not entitled to the benefits of the safe harbor provisions under Section 556...
Engaging Environmental Specialists and Preserving Privileges
The lines between legal, technical, and strategic communications often get blurry in the context of site investigations, incident response, and other environmental projects. Many company personnel equate "cc-ing" in-house counsel with preserving confidentiality. As a result, the parameters of the...
IRS Provides Long-Awaited Guidance for Partially-Regulated Energy Companies under Code Section 163(j)
On November 26, 2018, the Treasury Department and IRS released proposed regulations (the Proposed Regulations) interpreting the limitation on the deductibility of business interest expense (Interest Expense) under Code Section 163(j), enacted under the Tax Cuts and Jobs Act (the...
EPA’s Proposed “WOTUS” Rule – Initial Reactions and What’s Next
Today EPA and Army issued a proposed rule defining “waters of the United States” subject to regulation under the Clean Water Act. The proposed rule represents a significant potential change to federal jurisdiction. We’ll discuss the implications of the proposal...
Webinar: Disability Law Developments 2018 – What Employers Need to Know
Speakers: Jim Kizziar and Chris Jaynes Info: Please join labor and employment lawyers Jim Kizziar and Chris Jaynes for a complimentary webinar to address four significant developments in disability law. The webinar will analyze recent court decisions and provide practical...
Long Awaited Plastic Pipe Rule Finalized
The federal agency tasked with pipeline safety, PHMSA, has issued a long-awaited rule regarding plastic pipe . Plastic pipe is primarily used in distribution gas pipeline systems, as a corrosion resistant and cost effective alternative to steel pipelines. This rule...
Hey, No Poaching! Recent Developments in HR Antitrust
Faced with the tightest labor market in decades, businesses are vigorously competing for employees - particularly those with highly valued skills. Some executives faced with these pressures may be tempted to reach an agreement, or at least an informal understanding...
Disclosure Training Webinar
The U.S. Securities and Exchange Commission (SEC) remains focused on disclosure in the municipal securities market. The SEC has stated that disclosure policies and procedures help prevent violations of the federal securities laws. The SEC has also routinely highlighted the...