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The Proposed Regulation clarifies that significant incentives may be offered to group health plan participants to encourage and reward participation in wellness programs without violating the ADA.

In a recent decision, Zungoli v. United Parcel Service, Inc., the United States District Court for the District of New Jersey held that an employee’s refusal to use United Parcel Service, Inc.’s (“UPS”) web-based systems, based on concerns that the systems did not adequately protect his personal, confidential information, is protected whistleblowing activity under the New Jersey Conscientious Employee Protection Act (“CEPA”).

Several media outlets, including the New York Times editorial page, have chimed in on Target Corporation’s decision to exclude part-time employees from coverage under Target’s health plan.

The Federal Energy Regulatory Commission ("FERC"), on April 19, 2012, approved the eight modified Critical Infrastructure Protection ("CIP") Reliability Standards, CIP-002-4 through CIP-009-4 ("Version 4 CIP Standards"), which were developed and submitted for approval by the North American Electric Reliability Corporation ("NERC") ("Final Order").

On June 3, 2011, electric generation suppliers Astoria Generating Company, L.P., designated NRG Companies and TC Ravenswood, LLC ("Suppliers"), which sell unforced capacity in the New York Independent System Operator, Inc. ("NYSISO") Zone J capacity zone (i.e., New York City or "NYC"), filed a complaint ("Complaint") at FERC against the NYISO alleging that the NYISO has improperly implemented the buyer-side market power rules (also commonly referred to as "buyer-side mitigation") contained in it

In a recent decision, Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 2012 US App. LEXIS 9796 (11th Cir. May 15, 2012), the 11th Circuit Court of Appeals overturned a district court decision which had forcefully quashed a bankruptcy court decision to avoid, as a fraudulent transfer, a $400 million settlement and loan repayment by a parent company to a group of lenders (the "Transeastern lenders").

On May 7, 2012, the SEC Division of Trading and Markets issued FAQs about crowdfunding intermediaries in the JOBS Act.

The final risk retention rules will change the status quo for nearly all CLO managers beginning in the fourth quarter of 2016.

We are pleased to bring you the first of our alerts on the U.S. Healthcare Reform Initiative.

Following months of speculation and debate, the City of Philadelphia has officially postponed implementation of the Actual Value Initiative ("AVI") until Tax Year 2014.

On December 12, 2011, the Maritime Administration ("MARAD") issued a Notice of Small Shipyard Grant Program, which will provide for financial assistance to small shipyards (the "Grant Program").

Confusion as to which incidents constitute marine casualties and need to be reported has persisted in the marine industry for years.

The U.S. Coast Guard recently imposed new conditions of entry on vessels calling on the United States after port calls in Cuba, Iran, or other ports that it has determined do not maintain effective maritime security/anti-terrorism measures.

One thing is for sure in the energy and energy conversion renaissance in America: Texas and Pennsylvania, and specifically Houston and Philadelphia, are now linked in a synergistic partnership.

The United States government has opened another front in its campaign against U.S. taxpayers using secret offshore bank accounts to evade their tax responsibilities, with the Justice Department filing a lawsuit seeking the names of Americans believed to be hiding funds in bank accounts at HSBC in India.

There are few industries—indeed, few activities of any kind—that are not impacted by the increasingly intense debate on climate change.

The new ASTM E1527-13 standard likely will expand the scope of, and drive up the costs associated with, property cleanups as well as due diligence activities conducted in connection with real estate purchases and transactions if a party opts to conduct a Phase I environmental site assessment pursuant to that standard.

Action Item: Byrd, the latest in a recent line of cases from the Third Circuit concerning the ascertainability standard, emphasizes the importance of keeping the ascertainability analysis distinct from Rule 23's other requirements.