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On January 30, 2012, Federal Energy Regulatory Commission (FERC or Commission) Staff issued a white paper outlining a proposal to guide the Commission in advising the Environmental Protection Agency (EPA) on requests for administrative orders (AOs) extending the time for power plants to comply with EPA’s Mercury and Air Toxics Standards.

The Securities and Exchange Commission recently issued orders to three sponsors of exchange traded funds that, compared to prior exemptive orders issued to ETF sponsors, ease the requirements for "self-indexing" or "affiliated index" ETFs.

The futures industry's self-regulating organization proposes new requirements intended to provide better disclosure.

On November 30, the New York State Assembly gave final legislative approval to a bill targeted at employers that violate the state’s wage laws.

Final regulations provide detail on the format, content, and delivery standards group health plan sponsors and insurers must follow when issuing this information.

Pre-Order No. 1000 transmission planning and cost-allocation requirements are inadequate and a possible threat to the development of efficient or cost-effective transmission.

EB-2 category for all chargeable areas other than China and India remains current, with minor forward movement in the EB-3 category.

As of January 1, security breach notifications must be provided to consumers when certain account information is compromised.

In March 2010, ASTM International, one of the world's largest voluntary standards development organizations, released a standard guide, ASTM Standard E2718-10, Standard Guide for Financial Disclosures Attributed to Climate Change (the Guide), suggesting processes for the identification, evaluation, and disclosure of financial impacts attributable to climate change.

On July 5, the New York Department of Taxation and Finance (the Department) issued a Technical Memorandum, TSB-M-12(5)I, outlining the Department's policy regarding the employer withholding threshold for employees that are expected to work 14 days or fewer in New York during the calendar year.

By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board’s representation election procedures.

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.

The Department of Justice (DOJ) under the Obama administration has announced on more than one occasion that it is targeting the healthcare industry for Foreign Corrupt Practices Act (FCPA) investigations, with a particular focus on pharmaceutical and medical device companies.

DOS Visa Bulletin includes forward movement of one year in the EB-2 category for China and India, and USCIS indicates that the rate of new applications for adjustment of status in recent months has been extremely low.

In an opinion of interest to any company with excess liability coverage, the Wisconsin Supreme Court recently held in Johnson Controls, Inc. v. London Market1 that an excess insurer has a duty to defend an action against its insured, notwithstanding that the underlying primary insurer (which had denied coverage) had not exhausted its primary policies.

On May 23, in SEC v. Reserve Management Co. Inc.,1 the U.S. District Court for the Southern District of New York ruled that an employee does not have a reasonable expectation of privacy with respect to communications with a spouse through an employer’s email system.

In 2012, the SEC and FINRA continued their vigorous enforcement of the securities laws, rules, and regulations.