This morning FERC issued an order approving in part and rejecting in part the CAISO’s tariff filing creating a new Off-Peak Deliverability Status (“OPDS”) for interconnection customers. The proposal was driven in part by the California Public Utilities Commission’s new methodology for calculating the qualifying capacity of solar and wind resources and the shift in peak demand to a period later in the day when less solar is available ...
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits have dominated the past week’s news cycle. We expect these latter two types of cases, which we consider more broadly as COVID-19 exposure cases, to pick up significantly as the country reopens over the next several weeks ...
With the recent significant decline in commodity prices, and physical transportation and storage curtailments, due in large part to reduced demand related to the COVID-19 pandemic, producers are evaluating many of their producing oil and gas wells to determine whether some level of reduced production is appropriate ...
Within the context of the COVID-19 pandemic, the National Center for Energy Control (“CENACE”) notified users of the Market Information System of its “Order to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, motivated by the recognition of the epidemic of the illness caused by the SARS-CoV2 virus (COVID-19),” (the “Order”), via the Public Area of the Market Information System of its official web
In the recent case of 'Ixchel Pharma v. Biogen', the Ninth Circuit asked the California Supreme Court to resolve two questions “because of their significance for business torts in California.” The U.S. Court of Appeals for the Ninth Circuit—which includes California—occasionally encounters questions of California law that it cannot resolve ...
Thirteen years after the filing of the initial complaint, the First Circuit recently revived a False Claims Act (FCA) suit, reversing the district court and holding a relator can be an “original source” without participating in or having contemporaneous knowledge about the alleged fraud. See United States ex rel. Banigan v. PharMerica, Inc., 950 F.3d 134 (1st Cir. 2020) ...
Lawmakers and citizens across the country are engaged in disputes over the breadth and duration of shutdown orders intended to slow the spread of the novel coronavirus. Pennsylvania was the first state, however, to have a case reach the U.S. Supreme Court where, despite a setback for the petitioners when their application for stay was denied, it remains pending. And, Pennsylvania may have the distinction of the most contentious dispute, as well ...
In their attempt to reduce the spread of the new coronavirus pandemic of COVID-19 caused by the SARS-CoV-2 virus, governments throughout the European Union have imposed unparalleled measures with a strong impact on travel and economic activity. As the rate of new coronavirus infections started dropping across the European Union, governments and EU officials are looking for lockdown exit strategies and methods for boosting the currently stagnant economy ...
The COVID-19 pandemic is paralysing the global economy, but it is not the virus itself preventing businesses from operating. States seeking to protect their citizens against danger are introducing unprecedented limitations on civil rights and freedoms, rendering operations in some sectors of the economy impossible. In other sectors, business has become more burdensome, costly or risky ...
The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights ...
On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued amuch-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused agreat stir, as the BVerfG expressly refused to comply with aruling by the Court of Justice of the European Union ...
It is a common concern among commentators on international relations that the COVID-19 pandemic will lead to deglobalisation. Indeed, the havoc wrought by the pandemic in the global economy raises some unsettling questions about the fragility of global supply chains, especially in critical industries, and about the interdependency of national economies. It is nudging sentiment towards reshoring, promoting domestic production and protectionism ...
In March, the European Commission recommended that member states introduce temporary restrictions on travel to the European Union (through 15 May 2020). The vast majority of European countries coordinate border control measures at the EU level. States are again fencing their territories, suspending the free movement of persons also between regions ...
On May 11, 2020, the Peruvian Government enacted Legislative Decree No. 1510 (“Legislative Decree”) which delays the entry into force of the new prior merger control regime approved by Urgent Decree Nº 013-2019 (“Urgent Decree”) until March 1, 2021 and the approval of the Urgent Decree’s regulations, originally expected by May, 2020, until November, 2020 ...
Phase 1 of the ‘scaling-down’ process, third tranche of guarantees, extension of ERTE temporary layoffs, potential delay in the application of VAT directives and of DAC6, and measures to support the cultural sector For another week running, Garrigues summarizes the key issues that companies need to be aware of over the coming days ...
This is a briefing on the following issuances as of May 10, 2020 in relation to the COVID-19 pandemic: A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE) B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines) C ...
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the COVID-19 pandemic, with colleges and universities being a particular target. Consumers also have targeted retailers for alleged price-gouging behavior ...
On May 06, 2020 the National Hydrocarbons Commission (“CNH) published in the Federal Official Gazette an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until May 31, 2020. The above determination was made considering the sanitary emergency that Mexico and the world is facing in connection with the disease known as coronavirus or COVID-19 ...
On April 29, 2020, the National Center of Energy Control (“CENACE”) released an administrative resolution (the “Resolution”) to guarantee the efficiency, reliability, quality, continuity and safety of the Electric National System due to the pandemic disease COVID-19 ...
On 5 March, the CMVM published Regulation 2/2020 on the Prevention of Money Laundering and Terrorist Financing, to provide the regulations under Law 83/2017 of 18 August. The CMVM did this as the sector regulator responsible for supervising financial entities including investment companies, investment fund management companies, venturecapital companies, and securitisation companies ...
On May 1, 2020, President Donald Trump issued an Executive Order declaring a national emergency with respect to threats to the U.S. bulk-power system posed by the unrestricted supply of bulk power equipment by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, presumably including China, a source for many of the components impacted by the Executive Order ...
During this turbulent period, now is the time to evaluate your facility's admission procedures and paperwork, especially your arbitration agreement. You want to make sure that in the event of litigation they will withstand strict scrutiny by the court. Failure to do so may have dire consequences that will leave your facility vulnerable. If your admission procedures and paperwork are not sufficiently robust, a court will not enforce your facility's arbitration agreement ...
At its Voting Meeting today the Commission adopted a new standard offer contract available to any Qualifying Facility (QF) of 20 megawatts or less seeking to sell electricity to a Commission-jurisdictional utility pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA). Under PURPA, Commission-jurisdictional utilities must provide QFs the option of executing any existing PURPA contract for which they qualify ...
Many clients who are engaged in litigation may also now be facing the added burden of decreased cash flow due to the economic crisis created by the COVID-19 pandemic. While courts around the country may view the situation differently, Dinsmore attorneys were recently able to help a corporate client obtain an early, administrative closure of their case due to the economic crisis they are experiencing at this time ...
COVID-19 has caused a swift and unprecedented change to many social institutions in the United States (and worldwide). As a result, lawyers have been compelled to adopt new practices and policies to face the challenges of this time. No discipline has been changed quite as much, however, as that of the litigator. COVID-19, for example, has changed the way depositions will look for the immediate future ...
