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  • Article

    FERC Rejects Charges To GFAs For New Regional Transmission Projects

    FERC concludes that MISO’s proposed tariff revisions do not provide a new service to GFA customers and that MISO failed to meet the public interest standard necessary to modify the services under GFAs.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    NERC Proposes To Streamline Violation Processing To Reduce Administrative Burden

    At the NERC Board of Trustees meeting this week in Vancouver, Canada, NERC outlined a new initiative intended to reduce the administrative burden on Registered Entities associated with the processing of Reliability Standard violations.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    NJDEP Rule Provides Relief From Environmental Regulatory Requirements

    New Jersey Department of Environmental Protection to begin accepting applications this summer for waivers of environmental compliance.
    United StatesEnvironment
    Morgan Lewis
    Morgan Lewis
  • Article

    OCR Releases HIPAA Audit Protocol

    Protocol provides clues regarding areas of focus for ongoing HIPAA audits assessing compliance with the Privacy, Security, and Breach Notification Rules.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    Department of State Releases August 2010 Visa Bulletin

    The U.S. Department of State (DOS) has released its August 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Department of State Releases October 2010 Visa Bulletin

    The U.S. Department of State (DOS) has released its October 2010 Visa Bulletin.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    H-1B Cap For 2014 Fiscal Year Reached

    U.S. Citizenship and Immigration Services has stopped accepting H-1B petitions subject to the 2014 fiscal year H-1B cap or the advanced degree exemption.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    H-1B Cap Reached For U.S. Master’s Degrees; Remaining Numbers Are Diminishing

    U.S. Citizenship and Immigration Services (USCIS) has announced that the allotment of 20,000 H-1B petition approvals available to foreign nationals holding a U.S. master’s or higher degree has been exhausted for fiscal year 2011.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    H-1B Filing Season Is Here

    Now is the time for employers to assess their FY 2013 H-1B needs and to get petitions ready.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Overview of Recent Immigration News - September 23, 2010

    The U.S. Department of State (DOS) has announced that the annual limit for immigrant visa numbers was exhausted on September 16, 2010 for all family-based preference categories and for the second, third, and fourth employment-based categories.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Sharing Of Form I-9 Or E-Verify Data May Be Unlawful

    The U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued a technical assistance letter stating that employers that share Form I-9 or E-Verify data with third parties, may be in violation of both the Immigration and Nationality Act.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Tighter Controls to Be Placed on Migrant Workers Coming to the United Kingdom

    Earlier this week the UK government announced controversial new plans to place a cap on the number of migrant workers from outside Europe entering the United Kingdom.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Federal Circuit Sets Standard For Joinder In Multidefendant Patent Cases

    For cases filed before enactment of the America Invents Act, the Federal Circuit Court of Appeals has clarified that unrelated defendants may be joined together in a single patent case only if claims are based on the same product or process.
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    New ITC Commissioner Sworn In

    Commissioner Kieff will work to determine the effects of U.S. intellectual property rights violations on U.S. industry.
    United StatesInternational Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Ruling on Confirmatory Discovery: Defendant's Attorney Must Be Present During Collection of ESI

    During a recent telephone conference regarding a discovery dispute in Roffe v. Eagle Rock Energy GP, et al., C.A. No. 5258-VCL (Del. Ch. Apr. 8, 2010), Vice Chancellor Laster ruled from the bench that confirmatory discovery—like formal discovery—requires the defendant’s attorney to be physically present during the collection of electronically stored information from his/her client; selfcollection by the client is not permitted.
    United StatesLitigation, Mediation & Arbitration
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Calls Into Question Whether Boilerplate Indemnification Language In An IRA Brokerage Agreement Constitutes A Nonexempt Prohibited Transaction

    On October 20, the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) issued Advisory Opinion 2011-09A (AO 2011-09A), in which it concludes that relief under Prohibited Transaction Class Exemption 80-26 (PTE 80-26) is not available for an indemnification arrangement involving a futures trading agreement for an individual retirement account (an IRA), raising the question as to whether such indemnification arrangements would be non-exempt prohibited transactions.
    United StatesTax
    Morgan Lewis
    Morgan Lewis
  • Article

    IRS Issues Sourcing Rules for "Fails Charges" That Impact the Application of U.S. Withholding Tax Rules

    On December 7, the Internal Revenue Service (IRS) issued new temporary regulations providing sourcing rules for "fails charges" that may arise in the delivery-versus-payment market for Treasury securities.
    United StatesTax
    Morgan Lewis
    Morgan Lewis
  • Article

    Service Providers To ERISA Plans: DOL’s New Disclosure Regulations Are Imminent—Are You Ready?

    According to Department of Labor (DOL) officials, the agency will soon publish a "final" final regulation on required disclosures by plan service providers under the statutory prohibited transaction exemption provided by Section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA).
    United StatesTax
    Morgan Lewis
    Morgan Lewis
  • Article

    SEC Delays Planned Adoption Date For Several Executive Compensation Provisions Under The Dodd-Frank Act

    On July 29, the Securities and Exchange Commission (SEC) extended its timeline for issuing rules with respect to various Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) provisions applicable to executive compensation.
    United StatesFinance and Banking
    Morgan Lewis
    Morgan Lewis
  • Article

    Quality Stores Breathes New Life Into Tax Refunds For Severance Pay And SUB-Pay

    Last week’s federal district court decision in United States v. Quality Stores, Inc., 2010 U.S. Dist. LEXIS 15825 (W.D. Mich. Feb. 23, 2010), should generate renewed interest and revive hopes throughout the country for several billion dollars in Federal Insurance Contributions Act (FICA) tax refund claims that are pending review.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis

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