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  • Article

    Delaware Non-Stock Corporations May Adopt Bylaws That Shift Fees To Unsuccessful Plaintiffs In Intra-Corporate Litigation

    The Delaware Supreme Court held that, under Delaware law, fee-shifting provisions in non-stock corporations’ bylaws can be valid and enforceable.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    U.S. Supreme Court Agrees To Hear Government’s Appeal Of Sixth Circuit’s Ruling In U.S. v. Quality Stores That SUB Payments Are Not ‘Wages’ Subject To FICA Taxation

    After the government's petition for rehearing en banc was denied by the Sixth Circuit on January 4, 2013, the government filed a petition for certiorari with the Supreme Court.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    DTSC Announces Initial Proposed Priority Products List Under The Safer Consumer Products Program – The First Green Chemistry Shoe Drops

    The California Department of Toxic Substances Control issued its Initial Proposed Priority Products list under the Safer Consumer Products Program.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Right-To-Work Laws In The Heart Of The Auto Industry

    On December 11, 2012, Michigan became the 24th state to adopt "right-to-work" laws.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    DOE Announces Record U.S. Wind Energy Production, New Study On Solar Land Requirements

    In three recently issued reports, the Department of Energy made public significant new developments in U.S. renewable energy generation.
    United StatesEnergy and Natural Resources
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Italy Helps Us Move Forward On Natural Gas Vehicles

    Despite or, perhaps, because of the austerity budget in Italy, Turin-based Fiat (Fiat, Ferrari, Maserati and Chrysler) has seen big growth in natural gas and propane powered cars. Sales of these passenger vehicles grew 90 percent in August.
    United StatesEnergy and Natural Resources
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Latest On Tesla – California Adds $10mm To Tesla In Vote Of Confidence

    A California state agency has awarded Tesla Motors $10MM in matching funds to support manufacture of the Tesla Model X cross-over SUV.
    United StatesEnergy and Natural Resources
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    DOE Clean Energy Manufacturing Initiative: Rust Turns Green?

    The U.S. Department of Energy recently announced that it has launched a "Clean Energy Manufacturing Initiative."
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    To Tax Carbon Or Not To Tax Carbon, That Is The Question… For Another Day

    In the weeks since the election, pundits have speculated that a significant push to regulate the advance of climate change will be initiated by President Obama in his second term.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Practical Considerations For A Rule 506(c) General Solicitation

    In providing issuers with this new opportunity for raising funds, the U.S. Securities and Exchange Commission imposed a significant gatekeeping requirement: a new affirmative obligation that the issuer take "reasonable steps" to verify that participants in private placements are "accredited investors" under the Securities Act of 1933.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Community Bank Alert: OCC Proposes Heightened Standards For Large Banks: How Big Is Large?

    As explained in our January 24, 2014 Client Alert, "‘Heightened Standards’ for Large Banks: OCC Proposed Guidelines," the Office of the Comptroller of the Currency (OCC) has released a proposal seeking comment on guidelines establishing minimum standards of governance, risk management and board independence for insured national banks, Federal savings associations, and Federal branches with assets of at least $50 billion (Guidelines).
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Delaware Supreme Court Confirms That Appropriate Procedural Safeguards Will Result In Business Judgment Review Of Going-Private Transactions

    The Delaware Court of Chancery ruled that the business judgment standard of review should apply to a going-private transaction involving safeguards to protect minority stockholders.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    October 2013 Monthly Independent Contractor Compliance And Misclassification Update

    A Florida federal district court denies a cable contracting company’s motion to decertify a conditionally certified class of cable technicians who brought a class action lawsuit against Broadband Interactive alleging that they were misclassified as independent contractors and denied minimum wage and overtime pay under the Fair Labor Standards Act.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    President Obama Takes Two Executive Actions Aimed At Promoting Equal Pay For Employees Of Federal Contractors

    President Obama took two executive actions "to help combat pay discrimination and strengthen enforcement of equal pay laws."
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Renewables And Other Forms Of Distributed Power Creating Transformational Changes In The Electric Power Market

    In its recently published 13th survey of trends in the global power sector, PwC reported a strong consensus that the spread of distributed energy generation, including solar and other renewables, is transforming the business model for the power sector.
    United StatesEnergy and Natural Resources
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    International Proposals To Expand Antarctic Marine Protected Areas Fail At CCAMLR

    Recently, in Hobart (Tasmania), at its annual meeting, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) failed in its third attempt to adopt proposals that would have established the world’s largest marine protected area (MPA) in Antarctica’s Southern Ocean.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Sustainability Trends In The Real Estate Sector: Market Forces At Work

    A recently published PwC review identifies a number of business factors that are heightening attention to sustainability in the real estate sector.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Taper Your Enthusiasm – An Update

    The debt markets have outperformed themselves during 2013, harkening back to the boom years of 2005 through 2007.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Ignoring XP End Of Life May Make Your Company An Attractive Target

    On April 8, Microsoft officially ended all support and ceased providing updates for their Windows XP operating system.
    United StatesPrivacy
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Should We Rely On Portability?

    When Congress early this year enacted the new estate tax provisions making the $5 million inflation adjusted federal estate, gift and generation-skipping transfer (GST) tax exemptions "permanent," it also made the concept of portability permanent.
    United StatesTax
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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