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  • Article

    FERC Issues Notice Of Inquiry On Third-Party Provisions Of Ancillary Services And Financial Reporting For New Electric StorageTechnologies

    On June 16, 2010, the Federal Energy Regulatory Commission (Commission) issued a Notice of Inquiry in Docket Nos. RM11-24-000 and AD10-13-000 seeking comments on two separate but related issues.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Lacks Authority Over Commodity Futures Contracts

    The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Proposes Changes To EQR To Improve Accuracy In Reporting Simultaneous Exchanges

    On March 15, FERC issued a Notice of Proposed Rulemaking to revise the Electric Quarterly Report (EQR) Data Dictionary so parties can more accurately report simultaneous exchanges.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Proposes Reforms To Improve Gas-Electric Coordination

    Electric generators’ increased reliance on natural gas in recent years prompted the Federal Energy Regulatory Commission (the Commission) to issue a set of three orders on March 20, 2014 addressing the interdependency of the gas and electric markets.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • 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

    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

    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

    U.S. Department Of State To Begin Conducting Random J-1 Site Visits

    The U.S. Department of State, Office of Private Sector Exchange, will begin conducting random J-1 host site visits during the coming weeks.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    U.S. Mission To India Expands Interview Waiver Program

    Program to include H-1B and individual L-1 visas; eligible visa holders no longer required to have in-person interviews with U.S. consular officers.
    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

    US Copyright Office Requires Reregistration Of DMCA Agents By December 31, 2017

    Retailers that allow website users to generate and post content on their websites are required to reregister their Digital Millennium Copyright Act (DMCA) agents with the US Copyright Office...
    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

    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

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