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  • Article

    Audit Evaluates Compliance With Accounting And Reporting Regulations - The Division Of Audits Addresses Deficiencies In The AFUDC Rate Computation

    On February 7, the Division of Audits of the Office of Enforcement of the Federal Energy Regulatory Commission (FERC) issued a report presenting the areas of noncompliance it identified during an audit of PNM Resources (PNMR), an energy holding company, and Public Service Company of New Mexico (PNM), a wholly owned public utility operating company subsidiary of PNMR.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Obama Administration Withdraws Draft Ozone Ambient Air Quality Standards And Reinstates 2008 Standards

    President Obama announced on September 2 that his administration was withdrawing the draft ozone ambient air quality standards that the U.S. Environmental Protection Agency (EPA) had prepared and was in the process of issuing as new regulations.
    United StatesEnvironment
    Morgan Lewis
    Morgan Lewis
  • Article

    New Information Requirements for Government Contractors: FAR Amendments Implement New Contractor Database

    Under new requirements effective April 22, government contractors must now submit to the government information regarding past criminal, civil, and administrative proceedings when bidding for a contract or grant.
    United StatesGovernment, Public Sector
    Morgan Lewis
    Morgan Lewis
  • Article

    Department of State Releases September 2010 Visa Bulletin

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

    Federal Circuit Changes Law For Post-Injunction Contempt Proceedings Against Modified

    In TiVo, Inc. v. EchoStar Corp., et al., No. 2009-1374 (Fed. Cir. Apr. 20, 2011), a recent en banc decision, the Federal Circuit vacated an Eastern District of Texas court’s ruling that EchoStar was in contempt of the district court’s permanent injunction.
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    Section 409A Transitional Relief Deadline Approaching

    Deferred compensation arrangements under which payments subject to Section 409A are contingent on a release must be brought into compliance with documentation requirements by December 31.
    United StatesTax
    Morgan Lewis
    Morgan Lewis
  • Article

    Eleventh Circuit Rejects FTC Challenge To Reverse Payment Settlement

    Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge.
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Murky Waters: The FTC Dives Into Exclusionary Supply Contracts

    Although most supply agreements are a benign business reality, when favorable terms negotiated with a supplier foreclose the buyer’s rivals from competing, the antitrust waters can get murky, and buyers, especially those with market power, risk government investigations and private litigation.
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Employer Group Health Plans And The Constitutionality Of The ACA

    Focus turns to completing 2012 and 2013 compliance tasks following the U.S. Supreme Court's decision.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    NLRB Enjoined From Enforcing Notice-Posting Rule Pending Appeal

    D.C. Circuit Order prevents the Board from enforcing rule until the court resolves all of the issues before it; oral arguments scheduled for September 2012.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Audit Evaluates Compliance With Accounting And Reporting Regulations

    On February 7, the Division of Audits of the Office of Enforcement of the Federal Energy Regulatory Commission (FERC) issued a report presenting the areas of noncompliance it identified during an audit of PNM Resources.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Requests Comments On Coordination Between Natural Gas And Electricity Markets

    On February 15, 2012, FERC issued a notice announcing that it is establishing a docket to solicit comments exploring the extent to which the natural gas and electricity markets are interdependent and how FERC should oversee coordination between such markets.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Policyholder's Litigation Costs Are Recoverable in Defending Against Excess Insurer's Declaratory Relief Coverage Action

    On October 1, a New York appellate court held in RLI Ins. Co. v. Smiedala that an insured who prevailed in a declaratory relief coverage action brought by its excess insurer could recover its attorney’s fees in the litigation, even though the excess insurer’s coverage obligations with respect to underlying litigation had not yet been triggered.
    United StatesInsurance
    Morgan Lewis
    Morgan Lewis
  • Article

    Computer-Assisted Review Costs Awarded In California Patent Case

    Court finds that using technology to undertake more efficient document review is reasonable.
    United StatesLitigation, Mediation & Arbitration
    Morgan Lewis
    Morgan Lewis
  • Article

    USP to Update Medicare Model Guidelines

    The U.S. Pharmacopeia (USP) has started the process of reviewing and updating the USP Medicare Model Guidelines v5.0 (Guidelines).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    Novel Monitorship Agreement Avoids Violations of French Blocking Statute

    The U.S. Department of Justice (DOJ) on December 27 entered into a deferred prosecution agreement (DPA) with Alcatel-Lucent, S.A. that includes a unique monitorship approach designed to ensure compliance with France’s blocking statute.
    United StatesCriminal Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Court Expands Scope of Pennsylvania "Wrongful Discharge" Claims and Recognizes Common Law Right to Pursue Punitive Damages for Violation of Military Leave Rights

    In a decision that potentially expands the scope of wrongful discharge claims in Pennsylvania to encompass claims for "failure to hire," a military reservist who claims he was denied the right to "reclaim" his civilian job upon returning from a deployment in Pakistan has won the right to pursue punitive damages in a claim under Pennsylvania common law for wrongful discharge in violation of public policy while concurrently pursuing claims under the federal Uniformed Services Employment and Reempl
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    ERISA Fiduciary Responsibility And Disclosure Issues For 2011: Regulatory, Compliance, And Legislative Outlook

    This past year was an active year for developments in the fiduciary responsibility and disclosure areas of the Employee Retirement Income Security Act of 1974, as amended (ERISA).
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    UK Appeal Decision Gives Further Guidance on Appropriate Penalties for Failure to Inform and Consult on a TUPE Transfer

    On 13 October, the UK’s Employment Appeal Tribunal (EAT) handed down its decision in Todd v Care Concern.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Forms New Office To Focus On Cybersecurity

    In the absence of new federal cybersecurity legislation, FERC uses its available authority in an effort to increase the resilience of the nation's critical electric infrastructure to cyber attacks.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis

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