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HTMLU.S. Supreme Court Invalidates Maryland Power Generation Incentive Program on Preemption Grounds
Phyllis J. Kessler; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
On April 19, 2016, the U.S. Supreme Court decided Hughes v. Talen Energy Marketing, LLC. In its opinion, authored by Justice Ginsburg, the Court rejected the attempt by the State of Maryland to incentivize the construction of new power plants through the use of a contract for differences. A...

 

HTMLCalifornia Enacts $15 Minimum Wage
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 18, 2016
On April 4, 2016, California Governor Jerry Brown signed legislation progressively increasing the state minimum wage to $15.00 per hour, and indexing future increases to inflation. The bill staves off a more aggressive ballot measure that included a faster increase and contained no mechanism for...

 

HTMLFERC to Hold Technical Conference on Generator Interconnection Issues
Frederick J. Heinle, Dennis J. Hough; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
The Federal Energy Regulatory Commission (FERC) has scheduled a technical conference for May 13, 2016, to address potential revisions to its generator interconnection procedures and pro forma generator interconnection agreement. The technical conference presents the first opportunity for a...

 

HTMLRussia's Personal Data Localization Law: Expanding Enforcement
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 27, 2016
Confusion and concern have surrounded Russia’s personal data localization law since it went into effect on September 1, 2015. The law mandates that data operators that collect personal data about Russian citizens “record, systematize, accumulate, store, amend, update and retrieve”...

 

HTMLOFAC and BIS Publish Comprehensive Modifications Related to U.S. Policy Toward Cuba
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 16, 2016
On March 16, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce's Bureau of Industry and Security (BIS) published additional comprehensive modifications to their regulations affecting U.S. policy toward Cuba. The published...

 

HTMLChesapeake Bay Total Maximum Daily Load Implementation
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 2016
In a recent edition of our Energy, Environment and Resources Update, we discussed the then-pending petition for writ of certiorari from a decision of the U.S. Court of Appeals for the Third Circuit upholding the Chesapeake Bay TMDL (Total Maximum Daily Load). On February 29, 2016, the U.S. Supreme...

 

HTMLNew York PSC Limits ESCO Marketing to Residential and Small Commercial Customers
Phyllis J. Kessler; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 2016
On February 23, 2016, the New York Public Service Commission (“Commission”) issued an order limiting how electric and gas marketers (known in New York as “energy service companies” or “ESCOs”) can market competitive energy supply to residential and small...

 

HTMLCalling or Texting A Customer or Patient? Federal Courts Address Prior Express Consent Under the TCPA
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on February 26, 2016
Federal courts are again addressing what constitutes a person’s “prior express consent” to receive calls on a cell phone made by an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §...

 

HTMLFDA Publishes Draft Guidance on Abuse-Deterrence Testing of Generic Solid Oral Opioid Drug Products
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 22, 2016
On March 24, 2016, the U.S. Food and Drug Administration (“FDA”) published a draft guidance concerning studies for ANDA applicants to demonstrate the abuse deterrence of their generic solid oral opioid drug products. This draft guidance offers ANDA applicants principles for how to test...

 

HTMLNew York City Employers Should Take Steps to Comply with City's Commuter Benefits Law
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 18, 2016
Private employers with 20 or more full-time, non-union employees in New York City should take steps promptly to ensure compliance with New York City’s Commuter Benefits Law, Local Law 53 (Intro 295-A). The law went into effect on January 1, 2016, but will begin being enforced on July 1, 2016....

 


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