![IMAGE: US Capitol Building](/sites/default/files/styles/max_1140/public/featured-content/492905119_government_USCapitol.jpg?itok=XHVJh5qJ)
Inflation Reduction Act
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...
CFTC Proposal Creates Jurisdictional Controversy and Uncertainty in the RTO and ISO Markets
On May 10, 2016, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued a proposed amendment (“May 10 Proposed Amendment”) [1] to a final order issued on March 28, 2013 (the “RTO-ISO Order”) that exempted certain specified transactions of six...
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...
Federal Circuit goes Enfish-ing for Software Patent Eligibility
In Enfish, LLC v. Microsoft Corp . , decided on May 12, 2016, the Federal Circuit ( “the Enfish court” or “the Court”) has provided much-needed clarification to the Alice test for patent-eligible subject matter under 35 U.S.C. § 101...
FERC Finds Problems in Enbridge Audit
On May 9, 2016, the Director of the Office of Enforcement, under delegated authority from the Federal Energy Regulatory Commission (FERC), issued a final audit report of Enbridge Energy Partners, L.P. (EEP) and its crude oil pipeline, the North Dakota...
It's No Secret: Employment & Federal Considerations in New Trade Secrets Law
On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The result of rare bipartisan support, the DTSA was passed unanimously by the House last month. It creates the first federal civil cause of...
U.S. Futures Exchanges Disciplinary Actions Report - April 2016
ICE FUTURES U.S. 2015-025 Spoofing Violation of Rule 4.02(I) – Trade Practice Violations. Allegedly, an individual engaged in a pattern of trading activity in the Coffee “C” (“KC”) Futures market between March 2015 and May 2015 where numerous order book...
Wilkins Publishes Critique of Expansive TCEQ Water Code Jurisdiction
In a recent article for the Texas Environmental Law Journal, I explore TCEQ’s view that the management of wastewaters or other industrial wastes “adjacent to water in the state” – construed expansively as (a) any location anywhere above groundwater or...
FERC Denies Request for Discovery by Respondent in FERC Enforcement Case
On May 6, 2016, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order denying ETRACOM LLC (“ETRACOM”) and Michael Rosenberg’s Motion to Require Disclosure of Certain Materials and Information or, in the Alternative, for Issuance of Subpoena...
FERC Notice of Alleged Violation Foreshadowed by Market Monitor Report in Southwest Power Pool
On May 6, 2016, the Office of Enforcement of the Federal Energy Regulatory Commission (“FERC”) issued a Staff Notice of Alleged Violations (“NAV”), disclosing a nonpublic investigation in which FERC staff has preliminarily determined that Saracen Energy Midwest, LP (“Saracen”)...
DOT Site Security Plans – Potential Application to Pipelines as Offerors
The Department of Transportation (“DOT”) requires “offerors” of hazardous materials to develop and adhere to a site-specific security plan that evaluates transportation security risks and appropriate measures to address those risks. For the midstream sector, questions often arise as to...
FERC Proceeds With Enforcement Action Against Total Gas & Power North America
On April 28, 2016, the Federal Energy Regulatory Commission (“FERC”) issued an order [1] directing Total Gas & Power North America, Inc. (“TGPNA”) and two natural gas traders (together the “Respondents”) to show cause why they should not be found...
The Trade Secrets Bill Proceeds to the President's Desk
On April 27, the House of Representatives by a 410-2 vote passed the Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade secret misappropriation, providing trade secrets with a degree of protection akin to other...
District Court Holds Private Equity Funds Jointly Liable for Portfolio Company's ERISA Withdrawal Liability
The U.S. District Court for the District of Massachusetts ruled on March 28, 2016 that two private equity funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of their jointly-owned portfolio company. The District Court held...