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Inflation Reduction Act
Consequences of a Data Breach: Lessons from Wyndham Worldwide
On October 20, 2014, Wyndham Worldwide Corporation won dismissal of a shareholder derivative suit seeking damages arising out of three data breaches that occurred between 2008 and 2010. Dennis Palkon, et al. v. Stephen P. Holmes, et al. , Case...
FY 2015 Sequestration Reduction Percentage for Direct Pay Tax Credit Bonds Bumps Up to 7.3 Percent
According to an update released by The IRS Office of Tax Exempt Bonds (TEB), the sequester reduction percentage applied to the payments made to issuers of direct pay bonds in FY 2015 will be 7.3 percent. This new percentage will...
One Further Step Towards UK Shale: Government Provides Underground Drilling Access for Developers
In June this year we reported on the opening of the UK Government's public consultation concerning its proposal for changes to the laws concerning underground drilling access in connection with projects involving shale drilling and fracking, as well as geothermal...
Lincolnshire Pays $2.3 Million to Settle SEC Charges of Misallocation of Portfolio Company Expenses
To listen to the podcast, please click here . On September 22, 2014, New York-based private equity firm Lincolnshire Management, Inc. (Lincolnshire) agreed to pay $2.3 million to settle Securities and Exchange Commission (SEC) allegations that Lincolnshire misallocated portfolio company...
OSHA Broadly Expands Injury Reporting Requirement
To listen to the podcast, please click here . Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This...
Texas Railroad Commission Proposes Regulation to Address Earthquake Risks from Disposal Wells
To listen to the podcast, please click here . In the August 29, 2014 issue of the Texas Register (39 Tex. Reg. 6775), the Railroad Commission of Texas proposed several amendments to the regulations governing saltwater and other oil and...
Second Circuit Rules Broad Forum Selection Clause Trumps FINRA Rule Requiring Arbitration
To listen to the podcast, please click here . On August 21, 2014, the United States Court of Appeals for the Second Circuit joined the Ninth Circuit in holding that FINRA rules requiring arbitration of customer disputes may be superseded...
Courts Affirm Limits on Scope of Environmental Review
Ruling on a pipeline project and a mine project, two different federal courts issued decisions Monday affirming limits on the scope of environmental review. The pipeline case was a challenge to Enbridge's Flanagan South pipeline, designed to transport tar sands...
Mexican President Signs Historic Energy Reform into Law
On Monday, August 11, 2014, Mexican President Enrique Pena Nieto signed a package of energy secondary laws passed by the Mexican Congress (the “Legislation”) that will overhaul the Mexican oil and natural gas, petrochemical, and power generation industries 1...
Mexican President Signs Historic Energy Reform Into Law
On Monday, August 11, 2014, Mexican President Enrique Pena Nieto signed a package of energy secondary laws passed by the Mexican Congress (the "Legislation") that will overhaul the Mexican oil and natural gas, petrochemical, and power generation industries [1]...
9th Circuit Appeals Court: Clean Air Act Permits Must Address Latest EPA Requirements
On August 12, 2014, the 9th Circuit Court of Appeals overturned a Prevention of Significant Deterioration (PSD) permit issued under the Clean Air Act (CAA) by EPA to the Avenal Power Center. Sierra Club v. EPA, No. 11-73342 (9th Cir...
SEC Modifies MCDC Terms: Extends Issuer Deadline to 12/01/2014, Lowers Penalty Cap for Small Underwriters; Recognizes Pre-EMMA Limitations
The Securities and Exchange Commission has announced modifications to the terms of its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative (click here for our prior alerts). In a press release issued late in the afternoon July 31, 2014, the SEC modified...
Latest UK Onshore Licensing Round Announced
The UK Government has today announced the opening of the eagerly anticipated 14 th onshore oil and gas licensing round, with applications invited until 2pm on 28 October 2014. Hundreds of blocks are available in the bidding process. The Government...
Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's Denial of a Petition for Rulemaking
On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for rulemaking. In Texas Commission on Environmental...