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|EU Competition Law: European Commission Imposes €20 Million Fine for Failing to Notify a Merger Under the EU Merger Regulation|
Sullivan Cromwell LLP;
July 28, 2014, previously published on July 24, 2014On 23 July 2014, the European Commission fined Marine Harvest ASA €20 million for failing to notify its acquisition of Morpol ASA in accordance with the EU Merger Regulation and closing the transaction prior to receiving the European Commission’s approval. This is the first time the...
|EPA Issues Final Rule for Existing Cooling Water Intake Structures|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
July 28, 2014, previously published on July 14, 2014On May 19, 2014, the Environmental Protection Agency (EPA) issued a final rule under Section 316(b) of the Clean Water Act that is meant to protect aquatic organisms, such as fish and shellfish, that are pressed against cooling water intake structures (impingement) or are pulled into a power...
|FAA Extends Public Comment Period on Interpretation of Model Aircraft/Unmanned Aircraft Systems for Special Rule Exemption|
Thomas L. Gemmell; Husch Blackwell LLP;
July 28, 2014, previously published on July 25, 2014The Federal Aviation Administration (FAA) has granted a 60-day extension for the public to comment on its interpretation of the Special Rule for Model Aircraft established by Congress as part of the FAA Modernization and Reform Act of 2012 (the Act). The new deadline for comment is September 23,...
|Arbitration v. Litigation, Which Is Better for You?|
Terry L. Potter; Husch Blackwell LLP;
July 28, 2014, previously published on July 23, 2014Although ADR programs have been in existence for many years, given the recent green light by the Supreme Court regarding the use of arbitration, its application is being reassessed and applied by a number of entities in an effort to control the overwhelming cost of litigation, both in terms of the...
|Ralls v. CFIUS: D.C. Circuit Explains Constitutional Due Process Requirements During CFIUS Review: Court Holds That Due Process Requires That an Affected Party in a CFIUS Review be Informed of the Official Action, be Given Access to the Unclassified Evidence on Which the Government Relied and be Afforded an Opportunity to Rebut That Evidence|
Sullivan Cromwell LLP;
July 28, 2014, previously published on July 17, 2014On Tuesday, July 15th, the United States Court of Appeals for the District of Columbia Circuit issued an important and unexpected ruling concluding that President Obama’s order, issued in connection with a national security review of foreign investment before the Committee on Foreign...
|Expect a New Chairman and Five Member CPSC Next Week|
Heyl Royster Voelker Allen Professional Corporation;
July 28, 2014, previously published on July 25, 2014Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President Obama nominated Kaye to serve as the next Chairman and as a Commissioner of...
|Pregnant Employees Now Entitled to ADA-Type Accommodations|
Sarah Pierce Wimberly; Ford & Harrison LLP;
July 28, 2014, previously published on July 24, 2014Executive Summary: The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA") that greatly expands the protections it claims all employers must provide to pregnant employees. The two most significant new provisions of this guidance are that (1) the PDA...
|Potential Privacy Guidelines|
Amanda E. Tummons; Husch Blackwell LLP;
July 28, 2014, previously published on July 25, 2014By September 2015 the FAA is to publish proposed rules for the integration of small unmanned aircraft systems (UAS), or drones, into the National Airspace System (NAS). All indications are that those rules will relate to safety and will not focus on privacy issues. Privacy issues, however, are a...
|Certain Environmental Cleanup Costs May Not Be Covered by Insurance Where Administrative Orders Were Not “Adversarial” or “Coercive” Enough|
Steven L. Hoch; Morris Polich & Purdy LLP;
July 28, 2014, previously published on July 14, 2014Here is a huge generality, but it’s mostly true. Environmental groups usually support the issue of environmental justice and they are mostly unimpressed with any smokestack industry attempt to follow various environmental rules. However, in the case of carbon trading, at least here in...
|Investment Fund Managers - A Regulatory Check-up|
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
July 28, 2014, previously published on July 21, 2014The Ontario Securities Commission (“OSC”) has recently released two notices providing helpful guidance on the compliance operations of investment fund managers (“IFMs”). This guidance is contained in the 2013 annual review summary report for dealers, advisers and investment...