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Recent Changes to EPA Coal Ash Regulations - Regulatory and Insurance Coverage Implications
Haynes and Boone, LLP, January 2019

A new rule promulgated by the U.S. Environmental Protection Agency (“EPA”) governing the disposal of coal combustion residuals, also known as CCR or coal ash, raises the risk for civil claims and the need for insurance to cover them.1  The rule, which takes effect Aug. 29, 2018, revises regulations issued in 2015 and has the stated intent of providing utilities and states “more flexibility in how CCR is managed...

GAR’s “Guide to Energy Arbitrations”: Offshore Vessel Construction Disputes
Haynes and Boone, LLP, January 2019

Haynes and Boone CDG is proud to continue to feature a chapter in Global Arbitration Review’s (GAR)Guide to Energy Arbitrations, the Third Edition of which has just been published. TheGuide to Energy Arbitrationsis a widely regarded reference tool for energy companies, their advisers and arbitrators...

The Advocate: Risks to the Energy Sector Posted by Climate Change Litigation
Haynes and Boone, LLP, January 2019

Fossil fuels are under attack in the legislative, regulatory, and judicial arenas, and in the market place—driven by environmental concerns, especially global warming and associated climate change. The Sierra Club, for example, has launched a “Beyond Dirty Fuels Initiative,” seeking to “push back against the construction of dirty fossil fuel infrastructure that would lock America into decades more of climate-polluting oil and gas production...

It's Still Gray: The 2018 Farm Bill and the Legality of CBD Under Federal Law
Haynes and Boone, LLP, January 2019

President Trump recently signed the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) and the cannabis industry quickly and widely celebrated passage as clearing the way to sell products containing cannabidiol (better known as CBD). But is it really? As one might expect, this lawyer’s answer is that “it depends.”CBD has become known for its purported health benefits in relation to a wide range of conditions...

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone, December 2018
Haynes and Boone, LLP, December 2018

Should States Embrace Telehealth Parity? Parity in telehealth is the notion that health services provided via telehealth technology should be treated equally as health services provided face-to-face. This is consistent with coverage parity, which requires payors to provide the same level of insurance coverage for patient encounters and services, while payment parity (a.k.a...

ISS and Glass Lewis 2019 Policy Updates
Haynes and Boone, LLP, December 2018

Institutional Shareholder Services, Inc. (“ISS”) and Glass, Lewis & Co. (“Glass Lewis”) recently released their 2019 proxy voting policy updates. ISS and Glass Lewis are two of the leading proxy advisory services worldwide, and each evaluates and updates their proxy voting policies annually. The key ISS and Glass Lewis updates for the 2019 proxy season are summarized below. ISS ISS published its 2019 Proxy Voting Guidelines Updates on November 19, 2018...

Top 10 Insurance Tips for Year End Transactions
Haynes and Boone, LLP, December 2018

The end is near. 2018 is fast coming to a close, and it is that time of year when corporate lawyers are counting—not the number of shopping days left until Christmas, but the number weeks, days and hours left before the end of the fiscal year. Admittedly, in the scramble to close deals, insurance requirements and indemnity provisions may not be at the top of the list of critical deal points for clients and counsel...

AIA On-Sale Bar, Otherwise Reinterpreted
Haynes and Boone, LLP, December 2018

The U.S. Supreme Court heard oral arguments on December 4, 2018, inHelsinn Healthcare SA v. Teva Pharmaceuticals USA Inc.as to whether the “on-sale” bar under the America Invents Act (“AIA”) renders an inventor’s private sale to a third party as prior art for purposes of determining patentability. 35 U.S.C...

Assessing the SEC's FY 2018 Enforcement Results
Haynes and Boone, LLP, November 2018

The SEC’s Division of Enforcement recently issued itsannual reportdetailing enforcement activities, statistics, and changes made in the past fiscal year (“FY 2018”). The report discusses several significant developments in the SEC enforcement landscape, including the creation of new task forces, first-of-their kind enforcement actions, and the impact of the Supreme Court’s decision inKokesh v. SEC, 137 S. Ct. 1635 (2017)...

Media, Entertainment, and First Amendment Newsletter, November 2018
Haynes and Boone, LLP, November 2018

View a PDF of the November 2018 Edition of the Haynes and Boone Media, Entertainment and First Amendment Newsletter. Must Websites Comply With the ADA? Website ADA compliance litigation is all the rage, manifesting itself as an epidemic of “website drive-by lawsuits.” Beyond the litigation controversy, the issue is whether websites must be accessible to the visually-impaired via screen reader software to comply with the ADA. Circuit Courts are split...

DOL Defines “Reasonable Relationship” Between Exempt Employees’ Guaranteed Salary and Actual Earnings
Haynes and Boone, LLP, November 2018

The Department of Labor issued an opinion letter that provides guidance to employers paying exempt employees an hourly wage or other extra compensation in addition to a guaranteed weekly salary.SeeU.S. Department of Labor, Wage and Hour Div., Opinion Letter (Fair Labor Standards Act), FLSA2018-25 (Nov. 8, 2018) (“Opinion Letter”)...

Department of Labor Rescinds 20 Percent Rule for Tipped Employees
Haynes and Boone, LLP, November 2018

In an about-face from prior guidance, the Department of Labor issued a revised opinion letter on Thursday rescinding the so-called “20 Percent Rule” and expanding employers’ ability to claim the tip credit.SeeU.S. Dept. of Labor, Wage & Hour Div., Opinion Letter (Fair Labor Standards Act), FLSA2018–27 (Nov. 8, 2018) (“Opinion Letter”)...

OSHA Quarterly Newsletter, November 2018
Haynes and Boone, LLP, November 2018

Download the November 2018 edition of the Haynes and Boone OSHA Newsletter PDF. OSHA States that Most Instances of Workplace Drug Testing are Permissible In a memorandum dated October 11, 2018, OSHA clarified its position on drug testing under 29 C.F.R. § 1904.35(b)(1)(iv)...

Treasury Department Releases Proposed Section 956 Regulations Relating to Foreign Subsidiary Credit Support Arrangements
Haynes and Boone, LLP, November 2018

On October 31, 2018, the Treasury Department released proposed regulations (“the Proposed Regulations”) providing guidance on the application of Section 956 of the Internal Revenue Code of 1986, as amended (the “Code”) following recent tax law changes under the Tax Cuts and Jobs Act (the “Act”)...

The IP Beacon, October 2018
Haynes and Boone, LLP, October 2018

View the PDF version of the October 2018 IP Beacon. Jason Bloom Co-Authors SCOTUS Amicus Brief for INTA in Key Copyright Case The International Trademark Association (INTA) tapped Haynes and Boone Partner Jason Bloom to co-write an amicus brief inFourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, a pending U.S. Supreme Court case that will address a key issue regarding when copyright owners can sue for infringement...

The SEC Simplifies and Updates Disclosure Requirements
Haynes and Boone, LLP, October 2018

On November 5, 2018, the amendments recently adopted by the Securities and Exchange Commission (the “SEC”) to update and simplify certain disclosure requirements will become effective...

A Kiss and Handshake Promise to Pay Part of a Pre-Existing Debt Needs Careful Consideration
Haynes and Boone, LLP, October 2018

English High Court considers whether there was good consideration for an oral variation of a settlement agreement related to sale of valuable antique textiles. Sometime in the spring of 2014 two Iranian businessmen and antiquities dealers, London based Mr. Shavleyan and LA resident Mr. Simantob, kissed and shook hands on a deal about the payment of the balance of a debt due under a 2010 settlement agreement...

Cooperating with New York City’s New “Cooperative Dialogue” Requirement
Haynes and Boone, LLP, October 2018

With the spotlight on the new laws combating sexual harassment in New York, employers may have missed a significant new modification to New York City law mandating a “cooperative dialogue” in response to workplace requests for reasonable accommodations...

Energy Voice: Avoiding Cost Overruns in Decommissioning
Haynes and Boone, LLP, October 2018

The UKCS is the largest decommissioning market in the North Sea. There are around 475 fixed facilities, over 10,000 kilometres of pipeline and approximately 5,000 wells. These will all need to be decommissioned over the next 30 years, when they reach the end of their economic life, at an estimated cost of £59.7 billion...

Change in Tax Law Provides Window of Opportunity to Investors
Haynes and Boone, LLP, October 2018

Under newly enacted Section 1400Z of the Internal Revenue Code of 1986 (the “Code”), beginning on December 22, 2017, taxpayers may defer, and in some cases partially eliminate, capital gains by making certain investments in “qualified opportunity zones.” A qualified opportunity zone is a “population census tract” in a state designated low-income community...

Insuring Instability: Is There Coverage for the Cost of the Trade War?
Haynes and Boone, LLP, October 2018

A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S...

Force Majeure: Contractual Performance When the Dam Bursts
Haynes and Boone, LLP, October 2018

Classic Maritime Inc. v Limbungan SDN BHD & Anor [2018] EWHC 2389 (Comm) This case arose out of a dispute relating to the correct interpretation of an “exceptions clause” which excused non-performance of a contract in circumstances that are usually described asforce majeure...

Insuring Instability: Is There Coverage for the Cost of the Trade War?
Haynes and Boone, LLP, October 2018

A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1 The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S...

Effectiveness of Family Limited Partnerships in Light of New Case Law
Haynes and Boone, LLP, September 2018

In two recent decisions, the Tax Court issued rulings that could impact the effectiveness of family limited partnerships in estate planning. For the first time, the Tax Court held that assets of a limited partnership could be taxed as part of the estate of a decedent who held only a limited partnership interest...

SEC Announces First Enforcement Actions Against Unregistered Investment Adviser and Broker-Dealer in Cryptocurrency Sale
Haynes and Boone, LLP, September 2018

On September 11, 2018, the Securities and Exchange Commission (“SEC”) announced its first enforcement actions alleging that entities offering certain investments in cryptocurrencies should be registered as an investment adviser or broker-dealer...

 

 

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