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Inflation Reduction Act
President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender Identity
On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This Executive Order amends long-standing obligations for federal contractors in Executive...
"Friendly Discussions" Obligation is Enforceable Under English law
The English High Court has overruled an arbitrators' decision to hold that a clause requiring "friendly discussions" prior to commencing arbitration is an enforceable condition precedent to arbitration under English law. This judgment is interesting because mere "agreements to negotiate"...
Texas Supreme Court Rejects a General Cause of Action for Minority Shareholder Oppression
The Supreme Court of the State of Texas recently issued a significant opinion relating to the remedies available to minority shareholders of Texas corporations. In Ritchie v. Rupe , No. 11-0447 (Tex. June 20, 2014), available here , the Court...
First Issuer MCDC SEC Settlement Announced
On July 8, 2014, the U.S. Securities and Exchange Commission announced that it has entered into a settlement order with Kings Canyon Joint Unified School District (Kings Canyon)—the first settlement with an issuer under the Commission’s Municipalities Continuing Disclosure Cooperation...
Texas Supreme Court Clarifies Spoliation Under Texas Law
After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions regarding “spoliation” of evidence – the...
Supreme Court Effectively Shuts Down Aereo's Television Streaming Service
The Supreme Court of the United States announced an important copyright decision Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United States Court of Appeals for the Second...
U.K. Announces Unconventional Petroleum Licensing Model Clauses
Energy Minister Michael Fallon took the opportunity on 24 June 2014 at the UK Shale Conference to cite the energy security crises in the Ukraine and Iraq as further reason for the UK to focus on shale gas and oil...
California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements
To listen to the podcast, please click here . Yesterday, the California Supreme Court in Iskanian v. CLS Transportation , a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the...
Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas
To listen to the podcast, please click here . On June 19, 2014, in Alice Corp. v. CLS Bank International , the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue — directed to the...
Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months
To listen to the podcast, please click here . Earlier this month, New York's Commercial Division, a department within the New York State court system designed to handle complex commercial disputes, established new procedures that provide a voluntary, alternative track...
Supreme Court to Determine Whether Agencies Must Undergo Notice and Comment Prior to Changing an Interpretation
The Supreme Court has agreed to hear a case that could have far-ranging implications for agency proclamations that impact the business community. On Monday, June 16, 2014, the Supreme Court granted certiorari in Nickols v. Mortgage Bankers Assoc. , No...
Delaware Court Clarifies Director and Officer Liability in M&A Transactions
In Chen v. Howard-Anderson , 87 A.3d 648 (Del. Ch. 2014), the Delaware Court of Chancery (Laster, V.C.) held that directors and officers can be held liable for their participation in a change-of-control transaction if their decision-making was impacted by...
EPA's NY/NJ EPCRA Sweep Points to Broader Enforcement Effort
Last week's announcement by the US EPA of EPCRA violations at 17 facilities comes as part of the Agency's heightened scrutiny of chemical storage facilities in the aftermath of the West, Texas explosion and the Charleston, West Virginia release into...
EPA Proposes Rule Seeking to Curb GHG Emissions and Dampen U.S. Appetite for Electricity
On June 2, 2014, EPA issued a proposed rule to control carbon dioxide emissions from existing coal-fired power plants. In its public outreach, EPA presents the rule as requiring a 30% reduction in carbon emissions by 2030 from the baseline...
Underground Drilling Access for UK Shale Developers: The 300 Metre Question
Since the lifting of the fracking moratorium in December 2012, the UK Government has continued to work with regulators and the industry to develop a clear regulatory regime for shale gas which encourages exploration and investment while protecting public safety...