Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 25 JANUARY 2016

Supreme Court Decision Alert - January 25, 2016

Mayer Brown
Mayer Brown
Contributor
Mayer Brown

Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major...

View firm profile
Explore more from Mayer Brown

Today, the Supreme Court issued three decisions, described below, of interest to the business community: Federal Power Act—Federal Regulation of Demand Response in the Wholesale Energy Market; Statutes of Limitations—Equitable Tolling; Employee Retirement Income Security Act—Stock-Drop Actions

United StatesLitigation, Mediation & Arbitration
Brian Netter
Brian Netter
Author LinkedIn connections

Today, the Supreme Court issued three decisions, described below, of interest to the business community.

  • Federal Power Act—Federal Regulation of Demand Response in the Wholesale Energy Market
  • Statutes of Limitations—Equitable Tolling
  • Employee Retirement Income Security Act—Stock-Drop Actions

Federal Power Act—Federal Regulation of Demand Response in the Wholesale Energy Market

FERC v. Electric Power Supply Association, No. 14-840; EnerNOC, Inc. v. Electric Power Supply Association, No. 14-841

The Federal Power Act (FPA) grants the Federal Energy Regulatory Commission exclusive jurisdiction over "the sale of electric energy at wholesale in interstate commerce." 16 U.S.C. § 824(b)(1). FERC may regulate any "rule, regulation, practice, or contract affecting [a wholesale] rate." Id. § 824e(a). But only states may regulate "any other sale of electric energy"—namely retail sales to consumers. Id. § 824(b)(1). The wholesale and retail markets are

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.
United StatesLitigation, Mediation & Arbitration
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

“LEGAL ANALYSIS SO POOR THAT IT HARDLY DESERVES THE LABEL”: Fifth Circuit COA Destroys Federal Judge For Using AI And I Cannot Believe Lawyers Are Still Using This Junk

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.
United StatesLitigation, Mediation & Arbitration
Troutman Amin LLP
Troutman Amin LLP
Article

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

US Federal Court Confirms A Foreign Arbitral Award And Enforces Contractual Post-judgment Interest In Lieu Of The Federal Statutory Rate

A US federal court confirmed a $350 million arbitral award against the Republic of Georgia and enforced a contractual post-judgment interest rate of SOFR plus four percent, compounding monthly, rather than the lower statutory rate. The decision demonstrates how carefully drafted contractual language extending interest "after as well as before judgment" can result in substantially higher recoveries for creditors in international arbitration enforcement proceedings.
United StatesLitigation, Mediation & Arbitration
DLA Piper
DLA Piper
Video

MR. NUMBER 1 WINS AGAIN!: Concora Credit To Pay $9.375MM To Settle TCPA Wrong Number Class Action As Another Company Bows To Greenwald (Video)

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.
United StatesLitigation, Mediation & Arbitration
Troutman Amin LLP
Troutman Amin LLP
Article

Venture Global Update: Galp Prevails In Latest LNG Commissioning Dispute

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.
United StatesLitigation, Mediation & Arbitration
Bracewell LLP
Bracewell LLP
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Trump Administration Announces New Enforcement Actions Against Employers In H-1B And PERM Fraud Probes

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...
United StatesImmigration
Mayer Brown
Mayer Brown
Article

SEC Staff Statement On Fair Value Measurement And Disclosure Considerations For Private Assets

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.
United StatesAccounting and Audit
Mayer Brown
Mayer Brown
Article

AI Regulation In Singapore And Hong Kong: A Mid-Year Checkpoint

Singapore and Hong Kong continue to regulate artificial intelligence through existing laws and voluntary frameworks rather than comprehensive AI statutes, but the first half of 2026 has brought sharper emphasis on practical controls including agentic AI governance, assurance and testing, financial-sector oversight and cyber resilience. Both jurisdictions are building concrete expectations around risk management, transparency, human accountability and operational safeguards while avoiding horizontal AI legis
GlobalStrategy
Mayer Brown
Mayer Brown
Article

European Union Adopts 21st Package Against Russia & Parallel Sanctions On Belarus

The European Union has adopted its 21st package of sanctions against Russia and Belarus, significantly expanding restrictions across finance, energy, crypto, and military-industrial sectors. This comprehensive package introduces 218 new designations, freezes the oil price cap, imposes stricter LNG controls, and closes loopholes while reinforcing measures to discourage third-party sanctions evasion. The sanctions also strengthen protections for EU operators and facilitate business exits from Russia.
European UnionInternational Law
Mayer Brown
Mayer Brown
Article

Contracting Opportunities And Challenges For Emerging Agentic AI Companies

Emerging providers of AI agents face unique contracting challenges as autonomous AI tools evolve beyond traditional SaaS models. This analysis examines critical issues in defining agent authority, structuring pricing models, calibrating warranties, and navigating regulatory uncertainty. How should providers balance customer expectations with the unpredictable nature of autonomous AI systems?
United StatesMedia, Telecoms, IT, Entertainment
Mayer Brown
Mayer Brown