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May 24, 2013
Senators Float Bill To Fight Gasoline Price Spikes
Minnesota's two U.S. senators on Thursday introduced legislation that would require oil refineries to report their maintenance schedule to the U.S. Energy Department in order to prevent simultaneous closures, which they claim is driving up gasoline prices in the Midwest.
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May 24, 2013
Paul Floats Bill To Require Warrants For E-Communications
U.S. Sen. Rand Paul, R-Ky., on Thursday introduced legislation that would extend Fourth Amendment protections to electronic communications, in the latest congressional bid to enhance privacy protections in the digital age.
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May 24, 2013
DOD Needs To Improve Contractor Record Keeping, GAO Says
The U.S. Department of Defense needs to do a better job of keeping track of all of its contractors and what they do, the Government Accountability Office said in a report Thursday that recommends that Defense Secretary Chuck Hagel himself get involved in the effort.
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May 24, 2013
Oil Group Challenges Seals' 'Threatened Species' Status
The Alaska Oil & Gas Association sued the National Marine Fisheries Service in Alaska federal court Wednesday, arguing that a recently-implemented rule listing two populations of bearded seals as threatened was not backed by evidence and was an overreach.
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May 23, 2013
Cyber Barrage On Utilities Unlikely To Stir Congress
A Tuesday report by two Democratic lawmakers reveals that several U.S. utilities are the target of “constant” cyberattacks, but while the report is aimed at spurring legislation requiring utilities to step up their security systems, lawyers say any potential bill could have a tough time gaining Republican support to pass out of Congress.
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May 23, 2013
FTC To Give Leeway On Kids' Privacy Rule, Ohlhausen Says
The Federal Trade Commission won't immediately begin enforcing its newly revised online privacy rule July 1, Commissioner Maureen Ohlhausen told Law360 this week in an interview that highlighted her personal preference for tempering privacy enforcement actions with careful research and business education.
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May 23, 2013
Obama Nominates 2 Senate Aides As SEC Commissioners
President Barack Obama on Thursday nominated two senior Senate aides to serve as commissioners for the Securities and Exchange Commission, according to an announcement from the White House.
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May 23, 2013
5 Reforms To Watch As The Immigration Debate Heats Up
A Senate panel this week advanced an overhaul of U.S. immigration law, which is likely headed for a full Senate vote in June, but experts caution that the measure is still a long way from being signed into law and could undergo revisions that will affect employers. Here's what employers and their attorneys should keep an eye on as the bill continues to develop.
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May 23, 2013
DC Circ. Urged To Toss Challenge To OSHA Hazmat Regs
A union for Goodyear Tire & Rubber Co. employees on Tuesday urged the D.C. Circuit to deny an effort to overturn U.S. Occupational Safety and Health Administration rule revisions that say government-mandated hazardous materials warnings do not preempt personal injury suits.
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May 23, 2013
El Paso Domestic Partner Benefits Get Texas Court's OK
A Texas state judge on Tuesday denied a bid to have an El Paso County ordinance that provides health benefits to its employees’ domestic partners declared unconstitutional and blocked an injunction request that would have immediately barred the county from paying out the benefits.
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May 23, 2013
New Bill Saps States Of Chemical Safety Oversight Powers
Under the chemical safety reform bill unveiled Wednesday, states and cities would give up to the U.S. Environmental Protection Agency nearly all of their ability to ban dangerous chemicals or require safety testing, and the little power they did preserve would be prone to challenges from chemical makers.
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May 23, 2013
EU Votes To Steer Clear Of Film, TV In US Trade Talks
The European Parliament voted Thursday to begin talks on a U.S.-European Union free trade agreement, but called for the negotiations not to address the film and television industries.
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May 23, 2013
GOP Bill Would Ease Rules On Health Savings Accounts
Republicans in both houses of Congress on Thursday introduced legislation to significantly loosen rules on tax-advantaged health savings accounts and flexible spending accounts, a push that comes as employers' increasing use of high-deductible health insurance plans makes such arrangements more common.
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May 23, 2013
House Dems Float Employee Social Media Privacy Bill
A pair of House Democrats on Wednesday unveiled the latest bill aimed at barring employers from demanding direct access to current and prospective employees’ password-protected accounts on social networking sites such as Facebook and Twitter.
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May 23, 2013
Obama Floats In-Kind Deal In Boeing Aircraft Contract Row
President Barack Obama has asked Congress to authorize the secretary of the Navy to receive payment in-kind for the settlement of a decadeslong legal fight with Boeing Co. and General Dynamics Corp. over a $4.8 billion aircraft contract.
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May 23, 2013
States Want NRC To Expand Waste Storage Study's Scope
The states of Connecticut, Massachusetts, New York and Vermont on Wednesday urged the Nuclear Regulatory Commission to expand its court-ordered review of radioactive waste storage at nuclear power plants, including exploring the option of halting nuclear plant operations until the NRC devises an acceptable and permanent storage solution.
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May 23, 2013
SIGAR Defends Contractor Tax Report From Afghan Criticism
The Special Inspector General for Afghanistan Reconstruction struck back Wednesday against the Afghan Ministry of Finance's criticism of its report on improper taxes levied against U.S. contractors, saying the ministry was wrong to try to paint the report as the grumblings of tax scofflaws.
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May 23, 2013
Obama Calls For Phased Ending Of War On Terror
President Barack Obama said Thursday that his administration is making efforts to narrow the scope of the war against al-Qaida by limiting the targeted drone strikes that have killed four Americans, closing the prison at Guantanamo Bay and reining in the legal authority for the 12-year war on terrorist groups.
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May 23, 2013
NJ Lawmakers Rip Christie On Housing Funds
New Jersey lawmakers on Thursday waded into the state's challenge of a court order that blocked it from taking some $140 million from municipal affordable housing trust funds, arguing that Gov. Chris Christie's administration has misrepresented a law allowing the seizure of that money.
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May 23, 2013
Dems Push Tougher Anti-Concussion Equipment Standards
Two Democratic lawmakers introduced legislation on Wednesday that would direct the U.S. Consumer Product Safety Commission to issue mandatory safety standards if manufacturers do not adopt new voluntary standards for helmets and other equipment that protects against concussions.
Expert Analysis
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Decimalization Revisited: Does Every Penny Count?
Since 2001, "decimalization" has drawn much criticism for not only failing to bring about the benefits expected by the U.S. Securities and Exchange Commission, but also for purportedly decimating the economic incentive to trade in small and mid-cap stocks. This system is now being re-evaluated following an SEC study required by the JOBS Act, say Louis Goldberg and Valerie Gross of Herrick Feinstein LLP.
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What Exporters Need To Do Before Oct. 15
With less than five months to go until the first round of changes instituting the Export Control Reform Initiative becomes effective, U.S. exporters must get their houses in order. From export classifications to licenses to training, companies must start adjusting now, say attorneys with Nixon Peabody LLP.
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Uncertainty Persists In HHS Religious Health Care Rules
By modifying the definition of an exempt religious institution in the U.S. Department of Health and Human Services' latest proposals, the government may eventually moot out some of the more difficult cases brought by religious institutions. But between the lines, there are a number of practical issues that persist and may still be addressed, says Mark Chopko of Stradley Ronon Stevens & Young LLP.
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The SEC's Holistic Approach To Cross-Border Swaps
A potentially significant difference from the U.S. Commodity Futures Trading Commission approach to cross-border security-based swap transactions is the U.S. Securities and Exchange Commission's take on “substituted compliance.” The SEC apparently intends to apply a holistic approach, focusing on equivalence of regulatory outcomes, rather than a precise rule-by-rule comparison, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
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Good For Business: Florida's LLC Rewrite
Representing a substantial evolution in Florida law, the Florida Revised Limited Liability Company Act will make the state a more desirable location for business owners to use an LLC for their business activities. Companies and counsel should familiarize themselves with a number of key changes to existing law, say Philip Schwartz and Andrew Schwartz of Akerman Senterfitt LLP.
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LNG Export Moratorium Has Ended — What Now?
The U.S. Department of Energy's recent order ending a nearly two-year moratorium on liquefied natural gas export approvals provides important insight into how the department will consider pending and future export applications. However, it also raises many questions and indicates that the DOE will not back down from its controversial position on its authority, say attorneys with Day Pitney LLP.
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NY Creates Tax Uncertainty For Unauthorized Life Insurers
In the past, surprisingly favorable tax treatment was afforded to life insurers that were not licensed to conduct business in New York but that owned real estate investments in the state. But following recent reinterpretation of New York Tax Law, some uncertainty has arisen with respect to how unauthorized life insurers should allocate income for franchise tax purposes, say attorneys with Duane Morris LLP.
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What You Should Know About Data Protection In Mexico
The privacy notice guidelines required by Mexico's privacy law recently went into effect, and Mexico's Federal Institute of Access to Information has already imposed penalties on companies that have not complied. Companies operating in Mexico should immediately implement internal processes in order to prevent significant economic liabilities, says Javiera Medina of Littler Mendelson PC.
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Answers To Your Compensation Committee Rules Questions
Recent changes to the U.S. Securities and Exchange Commission's listing standards for national securities exchanges — including the New York Stock Exchange and NASDAQ — impose specific requirements related to compensation committee members. These rules have generated a number of frequently asked questions among public companies, say Kevin Douglas and Michael Carr of Bass Berry & Sims PLC.
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6 Ways The ACA May Increase Federal Contractors’ Costs
Federal contractors face significant cost increases and compliance requirements as a result of the health insurance reforms in the Affordable Care Act. To minimize costs and compliance risks in the future, companies should take a number of steps in the coming months, say attorneys with Arnold & Porter LLP.