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The Congressional Review Act May Be Coming Soon to a Rule Near You
The Congressional Review Act (CRA) has been in the news of late, yet few people know its history, purpose or challenges. Although used only once in its first 20 years, the Act was resurrected at the outset of the Trump...
After the Dust Settles: Recapping Certain Tax Reform Provisions Affecting Exempt Organizations
As is well known, on December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the “Final Bill”) into law. During the course of this massive legislative effort, various provisions affecting tax-exempt organizations were proposed. While receiving less...
The New Partnership Audit Rules, Part 6: The Impact on Purchases and Sales of Partnership Interests
This is the sixth installment of Bracewell Tax Report articles describing the new rules applicable to partnership audits under the Internal Revenue Code and the related proposed and final Treasury regulations. Each installment focuses on certain aspects of these rules...
When is a Seat not a Seat?
The recent English High Court decision in Atlas Power Ltd -v- National Transmission and Despatch Co Ltd [2018] EWHC 1052 concerns a number of power purchase agreements entered into by Pakistani independent power producers and the national grid company of...
When is a Seat not a Seat? English High Court grants anti-suit injunction preventing the challenge of an arbitral award in Pakistan
The recent English High Court decision in Atlas Power Ltd -v- National Transmission and Despatch Co Ltd [2018] EWHC 1052 concerns a number of power purchase agreements entered into by Pakistani independent power producers and the national grid company of...
Prepping for a Long DC Summer
Happy Memorial Day Weekend! Josh and Paul sit down for a pre-holiday discussion of several critical policy issues, like the new Section 232 investigation on the auto industry proposed by the President, the accusations facing the FBI, and the efficacy...
Signing of the Economic Growth, Regulatory Relief and Consumer Protection Act
On May 24, 2018, President Trump signed into law the Economic Growth, Regulatory Relief and Consumer Protection Act (the “Regulatory Relief Act”), the financial services regulatory reform bill that previously passed both the U.S. Senate and House of Representatives. Some...
United States Supreme Court Holds Class Waivers in Arbitration Agreements are Lawful
On May 21, 2018, the United States Supreme Court issued an opinion on a trio of cases challenging employer enforcement of arbitration agreements with class-action waivers. The Court held that the Federal Arbitration Act (FAA) allows enforcement of arbitration agreements...
FTC Warns That Money Doesn't Have to Change Hands to Trigger HSR Filing
In a recent blog posting , the Federal Trade Commission (FTC) issued an important reminder that companies and individuals may have reportable transactions under the Hart-Scott Rodino (HSR) Act even if no payment changes hands. This highlights the need for...
Vanessa Allen Sutherland Stepping Down as Chair of U.S. Chemical Safety and Hazard Investigation Board
Vanessa Allen Sutherland just announced that she is resigning from the U.S. Chemical Safety and Hazard Investigation Board (CSB). President Barack Obama nominated Sutherland to be Chairperson, and she was confirmed in August 2015. Ms. Sutherland's resignation will be effective...
Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor Carrier Act. Scot Carley et...
FERC Proposes Reforms to Hydropower Recreational Use Requirements
On May 17, 2018, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking to eliminate the Licensed Hydropower Development Recreation Report , or FERC Form No. 80 (Form 80) and revise certain public notice requirements (“Hydro Recreation...
Cocktail Party Crash Course: NAFTA
It's the 50th episode of The Lobby Shop! We're giving you a crash course on the North American Free Trade Agreement (NAFTA) to impress your friends and colleagues when conversation turns to politics. Tune in for all the buzzwords you...
The Trump Effect on M&A Webinar
Dan Hemli and Josh Zive discussed recent developments in antitrust and foreign investment review of M&A transactions and the practical implications for companies doing deals today under the current Administration.
Midweek Minisode 1: MIT's Jeremy Gregory on Hurricanes & Hazard-Resistant Buildings
It's our first Midweek Special Minisode! In this week's minisode, Frank Maisano takes the lead to talk with Jeremy Gregory, Executive Director of MIT’s Concrete Sustainability Hub and Research Scientist from MIT’s Department of Civil and Environmental Engineering. At the...