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HTMLPartition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators
Mark D. Clark, William M. Herlihy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has been for oil and gas operators attempting to acquire property...

 

HTMLTCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers.” 47 U.S.C....

 

HTMLCourt Denies Review of FERC Demand Response Rule
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
The United States Court of Appeals for the District of Columbia Circuit will not review en banc a three-judge panel ruling that rejected the Federal Energy Regulatory Commission’s rulemaking on demand response compensation. The panel had found that Order No. 745 violates the Federal Power...

 

HTMLEleventh Circuit Hears Oral Argument in Landmark TCPA Case
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer Protection Act. On September 18, 2014, the United States Court of...

 

HTMLHalliburton’s Management of Risk
Joseph F. Rice; Motley Rice;
Legal Alert/Article
September 10, 2014, previously published on September 3, 2014
I was proud to be a member of the Plaintiffs’ Steering Committee that announced a settlement yesterday with Halliburton Energy Services Inc. This settlement will make approximately $1 billion in additional funds available to some victims of the Deepwater Horizon tragedy.

 

HTMLHawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county...

 

HTMLD.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure
Duane Morris LLP;
Legal Alert/Article
August 29, 2014, previously published on August 27, 2014
The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some participants of the electric energy industry, has survived what could...

 

HTMLThe Third DCA Turns Off The Lights and Directs A More Thorough Energy Analysis Be Prepared For Regional Shopping Center Project
Katherine J. Hart; Abbott & Kindermann, LLP;
Legal Alert/Article
August 28, 2014, previously published on August 13, 2014
In California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, the Court of Appeal, Third District, held the City of Woodland’s (City) programmatic environmental impact report (EIR) was invalid on the following three grounds: (1) it failed to provide sufficient...

 

HTMLEmployer May Determine Workweek for Payroll Purposes under FLSA, Federal Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
July 31, 2014, previously published on July 28, 2014
Under the Fair Labor Standards Act, an employer may use a Monday-through-Sunday “workweek” to calculate overtime pay for employees with work schedules of Thursdays through Wednesdays, the federal appellate court in New Orleans has ruled. Johnson v. Heckmann Water Res. (CVR), Inc., No....

 

HTMLSupreme Court Rules Cell Phone Searches Violate Privacy Rights
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
Legal Alert/Article
July 29, 2014, previously published on July 14, 2014
The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...

 


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