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  • Article

    FERC Reaffirms Policy For Assessing Horizontal Market Power

    On February 16, the Federal Energy Regulatory Commission (FERC) issued an order that reaffirms its existing policies regarding the analysis of horizontal market power when reviewing mergers and other transactions under Section 203 of the Federal Power Act (FPA) and when assessing eligibility for market-based rate authority under FPA Section 205.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Reiterates That Long-Term Firm Point-to-Point Service Requires Transaction-Specific Service Agreements

    In an Order on Complaint issued November 18, the Federal Energy Regulatory Commission (Commission) made it clear that all long-term firm point-to-point transmission service must be provided pursuant to a transaction-specific service agreement.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Fee-Shifting Ruling Encourages Intervention In Clean Air Challenges

    D.C. Circuit awards attorneys’ fees to intervenors whose issues were not addressed in and whose participation had no effect on the litigation.
    United StatesEnvironment
    Morgan Lewis
    Morgan Lewis
  • Article

    FDA Issues Draft Guidance On 510(k) Device Modifications: New Emphasis On Potential Impact Of Modifications

    On July 27, the Food and Drug Administration (FDA) issued a draft guidance titled "510(k) Device Modifications: Deciding When to Submit a 510(k) for a Change to an Existing Device."
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    DHS to Institute Fee for Electronic System for Travel Authorization (ESTA) for Visa Waiver Program

    Under the Travel Promotion Act of 2009 (TPA), the U.S. Department of Homeland Security (DHS) will require travelers from Visa Waiver Program (VWP) countries to pay operational and travel promotion fees when applying for ESTA beginning September 8, 2010.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    EB-2 Category For China And India Is No Longer Unavailable; Cutoff Dates Remain For Rest Of The World EB-2 Category

    The U.S. Department of State (DOS) has released its October 2012 Visa Bulletin.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Significant Advances In Green Card Cutoff Dates For EB-2 India And EB-2 China

    The Department of State (DOS) has published the Visa Bulletin for October 2011, announcing that the cutoff dates for the EB-2 India and EB-2 China categories will advance by 60 days to July 15, 2007, as of October 1, 2011.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Manhattan District Attorney's Office First to Issue Guidelines for Criminal Charges Against Organizations

    In a move that appears to be the first of its kind by any state prosecutor’s office, on May 28, the Manhattan District Attorney’s Office (the DA’s Office) issued guidelines to prosecutors on the filing of criminal charges against businesses and other organizations.
    United StatesLitigation, Mediation & Arbitration
    Morgan Lewis
    Morgan Lewis
  • Article

    Pennsylvania Proclaims eDiscovery Independence From Federal Model

    State Supreme Court adopts new eDiscovery rules similar to federal rules, but specifically rejects federal jurisprudence.
    United StatesMedia, Telecoms, IT, Entertainment
    Morgan Lewis
    Morgan Lewis
  • Article

    D.C. Nonprofit Corporation Law Changes For 2012

    Beginning January 1, 2012, nonprofit corporations formed in the District of Columbia will be subject to a revised District of Columbia Nonprofit Corporation Act (Act) that provides new requirements, modifies certain default rules, and clarifies many aspects of the law with respect to the governance of nonprofit corporations. D.C. nonprofits are encouraged to review their governing documents to confirm whether changes are necessary to comply with the Act or to take advantage of revised provisions
    United StatesTax
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Clarifies FMLA Leave Entitlement For Same-Sex Spouses

    In the wake of the Supreme Court's Windsor decision, employers should review and, if necessary, revise their FMLA policies and procedures to ensure compliance.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Clarifies ROE Policy for Electric Transmission Projects

    On November 18, the Federal Energy Regulatory Commission (FERC) issued orders clarifying aspects of its policy on Return on Equity (ROE) determinations for electric transmission projects.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    NERC Fines Generator For Violations Related To Lead Line Operations

    Filing reminds generators with significant high-voltage tie lines that they can be subject to Reliability Standards typically applied to transmission owners and transmission operators.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Pharmacies And Suppliers Beware: It Is Not Just The Pill Mills They Are After

    DEA's recent position against a national pharmacy chain and a wholesale distributor expands the proactive monitoring and auditing requirements for pharmacies and wholesale distributors to include site visits and possibly medical necessity reviews.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    Department of State Releases May 2010 Visa Bulletin

    The U.S. Department of State (DOS) has released its May 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

    District Court Blocks New NLRB Election Procedures

    This highly anticipated decision strikes down the NLRB's new election procedures in their entirety, finding the Board did not act with the required three-member quorum when it approved the final rules in December 2011.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    New Jersey Supreme Court Reinstates Jury Verdict on Retaliation Claim for Employee Who Took Confidential Company Documents

    On December 2, in Quinlan v. Curtiss-Wright Corp., Docket No. 25-1-0217, the New Jersey Supreme Court reversed a lower court holding and reinstated a jury verdict in favor of a plaintiff who was fired after copying more than 1,800 confidential company documents and sending them to her attorneys for use in her pending against the company.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Pennsylvania Court Finds Failure to Comply with Unfair Insurance Practices Act

    In George Grigos and Aramingo Diner, Inc. v. Certain Underwriters at Lloyds, London, Case No. 10- 3684 (Common Pleas, Phila., Dec. 21, 2010), the Commonwealth Court of Pennsylvania ruled that an insurance company’s failure to properly and timely handle a claim violated the requirements of Pennsylvania’s Unfair Insurance Practices Act (UIPA).
    United StatesInsurance
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Approves LNG Export Project

    Sabine Pass is granted an NGA Section 3 authorization to site, construct, and operate facilities to liquefy and export domestically produced natural gas.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    D.C. Court Issues Split Decision In NLRB Notice Case

    Judge upholds Board's authority to issue the rule requiring notice, but strikes down penalty provisions.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis

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