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HTMLUpdate Regarding D.C. Circuit’s Demand Response Ruling
Sohair A. Aguirre, Kenneth W. Irvin, Gregory K. Lawrence, Natalie Mitchell; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 18, 2014, previously published on Jun 16, 2014
Since our last post regarding the D.C. Circuit’s demand response ruling, several notable developments have occurred in both the Electric Power Supply Ass’n v. FERC proceeding itself, and in other, related proceedings.

 

Adobe PDFEPA Proposes First Carbon Emissions Limits for Power Plants
Athena Velie Eastwood, Douglas H. Fischer, Kenneth W. Irvin, Neal E. Kumar, Gregory K. Lawrence; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 11, 2014, previously published on June 4, 2014
On June 2, 2014, the U.S. Environmental Protection Agency announced its Clean Power Plan, which would impose the first federal limits on carbon-dioxide (CO2) emissions from power plants in the United States. The proposed rules, which the EPA published pursuant to Section 111(d) of the Clean Air...

 

Adobe PDFD.C. Circuit Vacates FERC’s Wholesale Demand Response Compensation Rule Because It "Goes Too Far"
Sohair A. Aguirre, Kenneth W. Irvin, Gregory K. Lawrence, Natalie Mitchell; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 11, 2014, previously published on June 2, 2014
On May 23, 2014, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit"), in a 2-1 decision, vacated in its entirety and remanded Order No. 745 of the Federal Energy Regulatory Commission ("FERC" or the "Commission"). FERC Order No. 745 requires...

 

HTMLM&A Update: Senator Levin Introduces Anti-Inversion Act
Christopher T. Cox, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 29, 2014, previously published on May 21, 2014
On May 20, 2014, Sen. Carl Levin (D-MI) introduced the Stop Corporate Inversions Act of 2014 (the “Levin Bill”), which proposes significantly more stringent limits on the ability of U.S. companies to relocate outside the U.S. The Levin Bill, if enacted, would apply to transactions...

 

HTMLFERC Orders Evidentiary Hearing for Alleged Market Manipulation by BP
Doron F. Ezickson, Terence T. Healey, Kenneth W. Irvin, Gregory K. Lawrence, Paul J. Pantano; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 29, 2014, previously published on May 19, 2014
On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued an order setting an evidentiary hearing before an administrative law judge (ALJ) to determine whether BP America Inc., BP Corporation North America Inc., BP America Production Company, and BP Energy Company (collectively, BP)...

 

Adobe PDFBefore The Whistle Blows: Understanding And Addressing The Expanding Scope Of Whistleblower Protections Under Sarbanes-Oxley And Dodd-Frank
William J. Foley, Jason M. Halper, Lambrina Mathews; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 12, 2014
The Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") was enacted following the accounting scandals of the early 2000s involving Enron, WorldCom and other public companies. Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in 2010 following...

 

HTMLSignificant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule
Sohair A. Aguirre, Athena Velie Eastwood, Kenneth W. Irvin, Gregory K. Lawrence, Sarah Tucker; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 9, 2014
On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). EPA v. EME Homer City Generation, L.P., No. 12-1182. In a 6-2 decision, the majority held that: (1) the Clean Air Act...

 

HTMLImportant Court Decision For No-Fault Insurers; Second Circuit Court of Appeals Rejects Limitation On State Farm v. Mallela
Jared Facher, William J. Natbony; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 7, 2014
We are pleased to inform you that our firm, together with our co-counsel Bob Stern of Stern & Montana, obtained a very favorable and significant decision for no-fault insurers on an issue of first impression at the appellate level. Specifically, on May 6, 2014, in the case of Allstate Insurance...

 

HTMLM&A Update: Delaware Court Upholds Sotheby’s Poison Pill Defense Against Activist Citing “Negative Control” as a Corporate Threat
Jason M. Halper, Gregory A. Markel, Braden McCurrach, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 7, 2014, previously published on May 5, 2014
In a May 2, 2014 ruling relating to activist hedge fund Third Point LLC’s proxy battle with auction house Sotheby’s, the Delaware Chancery Court found that Third Point was not likely to succeed in its argument that the Sotheby’s board violated its fiduciary duties when it adopted...

 

HTMLGoing Public: Powhatan Energy Fund’s “Insurance Policy” Regarding FERC Enforcement’s Non-Public Manipulation Investigation into the Fund’s “High-Frequency” PJM Trading Activity
Lynna Cobrall, Gregory K. Lawrence; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 7, 2014, previously published on May 5, 2014
On February 28, 2014, Powhatan Energy Fund (“Powhatan”) launched a public website disclosing that for more than three years, the Federal Energy Regulatory Commission (“FERC”) Office of Enforcement (“OE”) has been investigating Powhatan for alleged manipulation of...

 


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