This alert describes certain information regarding the recently filed bankruptcy case of Emerald Oil, Inc. and is an example of current developments in the energy industry.Emerald Oil, Inc. and its subsidiaries (collectively referred to as the “Debtors”) filed voluntary petitions for relief under Chapter 11 of the U.S ...
California Code of Regulations, title 2, section 11023 became effective April 1, 2016. It has new and specific requirements for employers’ anti-harassment, anti-discrimination, and anti-retaliation policies. California employers should revisit their policies to ensure they are in compliance with the new regulations and make sure the policies have been properly distributed to all employees ...
The United States Department of Justice launched a one-year pilot program, effective April 5, 2016, incentivizing companies to disclose facts about corporate officers, supervisors, employees, and agents involved in violations of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq. The FCPA makes it a crime for a U.S. citizen or entity, among others, to bribe a foreign official to gain a business advantage ...
In the latest development in the Sun Capital litigation, following remand by the First Circuit Court of Appeals, on March 28, 2016, the Federal District Court of Massachusetts found Sun Capital Partners III, LP and Sun Capital Partners III QP, LP (collectively, “Sun Fund III”) and Sun Capital Partners IV, LP (“Sun Fund IV,” and together with Sun Fund III, the “Sun Funds”) liable for the withdrawal liability of Scott Brass Holding Corp ...
On April 4, 2016, the Department of Justice (“DOJ”) filed a complaint against certain ValueAct entities (“ValueAct”) for failing to comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). Specifically, the DOJ alleges that ValueAct improperly relied on the “passive investment exemption” with respect to the acquisition of shares in Baker Hughes Incorporated (“Baker Hughes”) and Halliburton Company (“Halliburton”) ...
The Fourth Circuit Court of Appeals has affirmed a lower court ruling finding that the placement of confidential patient medical records on the Internet qualifies as “publication” for purposes of an insurer’s duty to defend under a commercial general liability policy ...
On April 14, 2016, the International Swaps and Derivatives Association, Inc. (“ISDA”) published a new version of Credit Support Annex to help market participants comply with new margin requirements for uncleared swaps ...
The unprecedented arrest of two public officials in connection with alleged municipal bond fraud further escalates the government’s relentless patrol of the municipal securities industry. On April 14, 2016, the Securities and Exchange Commission (“SEC”) filed civil fraud charges against the town of Ramapo, New York, the Ramapo Local Development Corp ...
Entities that file disclosures with the Securities and Exchange Commission (“SEC”) should be aware of recent actions by regulators and shareholders questioning the sufficiency of opinion statements made in environmental-related disclosures. Most recently, on March 31, 2016, the SEC announced a settlement with Navistar International Corp ...
The effects of the precipitous decline in oil and gas prices after mid-2014 are well chronicled, but are still unfolding. Although oil prices have risen recently, the current price environment continues to adversely affect a broad range of energy-industry and related-industry businesses, including exploration and production, service and supply, and midstream companies, as well as those that directly or indirectly support or contract with those businesses ...
Responding to a Supreme Court mandate, the Environmental Protection Agency (“EPA” or “the Agency”) yesterday published a final supplemental finding that it is necessary and appropriate to regulate hazardous air pollutants emitted from coal- and oil-fired power plants under Section 112 of the Clean Air Act. 81 Fed. Reg. 24,420.Read the full alert ...
Pemex is considering offering to the private sector up to six of its refineries to obtain some liquidity for its financial restructuring. As announced by Pemex’s CEO, José Antonio González Anaya, estimated individual transaction values may range from US$500 million to US$1.5 billion per refinery. The six refineries are currently operating at a collective, estimated annual loss of MX$100 billion (approximately US$5.8 billion) ...
On April 18, the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services issued revised guidance regarding exclusions imposed under section 1128(b)(7) of the Social Security Act ...
The Mexican Secretary of Energy (“SENER”) has received 62 applications from 32 companies during the first 15 days of April 2016. As of April 25, it has granted 16 permits for the importation of gasoline and 26 permits for the importation of diesel. Read the full alert ...
In the late 1980s, stories of garbage hauled in the same trucks regularly used to transport fruits and vegetables caused public outrage. Outbreaks of foodborne illnesses, including a salmonellosis outbreak that affected 224,000 consumers, have been attributed to contamination of transportation vehicles. Recently, a major U.S. foodservice distributor was penalized after its practice of storing seafood, milk and raw meat in unrefrigerated sheds was uncovered ...
Recently, the Texas Supreme Court issued two very important decisions on First Amendment law that could have a broad impact on media companies doing business in Texas. Both cases evolved from defamation claims filed by Salem Abraham, a school board member in Canadian, Texas. Read the full alert ...
On May 2, 2016, the Colorado Supreme Court issued two anticipated opinions that are important to the oil and gas industry in Colorado, and could be precedent for similar efforts pending in a number of states where local governmental entities are trying to rein in fracking ...
The United States Supreme Court agreed on Monday, May 2, 2016 to hear argument on what one party called “the single most vexing, unresolved question in all of copyright”—determining when a feature of a “useful article” like clothing is eligible for copyright protection ...
On April 29, 2016, the National Center for Energy Control (“CENACE”) announced the second auction for long-term supply and purchase contracts to satisfy the need of basic service suppliers (for the time being, the Federal Electricity Commission, perhaps better known for its acronym, “CFE”), for power, capacity, and clean energy certificates. The standard commercial operation date of the projects awarded under the auction is scheduled for January 1, 2019 ...
On Friday, April 27, 2016, a panel of the United States Court of Appeals for the Federal Circuit declined to reevaluate the venue rules for patent litigation. In a closely watched case titled In re: TC Heartland LLC, petitioner TC Heartland requested that the Federal Circuit reshape patent litigation venue rules, and largely eliminate the ability of patent owners to file suit in popular venues like the Eastern District of Texas ...
On May 11, 2016, OSHA issued a final rule, which is slated to go into effect January 1, 2017. This requires certain employers to electronically submit information regarding workplace injuries and illnesses. As with any new rule-making by OSHA, presumably legal challenges to the rule are on the way. Nonetheless, here are the relevant new provisions. Read the full alert ...
On May 12th, EPA issued two rules that will significantly impact the oil and gas industry nationally. The first rule, an outgrowth of the President’s Climate Action Plan, establishes new source performance standards (“NSPS”) to curb emissions of methane, as well as volatile organic compounds (“VOCs”), from new natural gas and oil well sites and from new natural gas production gathering and boosting stations, processing plants, and transmission compressor stations ...
Plaintiffs frequently bring class action claims for alleged statutory violations for which Congress has provided private rights of action and statutory damages. In many of these instances, plaintiffs do not allege any specific, tangible harm (such as monetary loss), but claim that the violation of these so-called “statutory rights” by itself constitutes injury-in-fact sufficient to satisfy standing requirements. This week, the Supreme Court held in Spokeo v ...
In an opinion that will make vacating arbitration awards even more challenging, the Texas Supreme Court unanimously held that the Texas Arbitration Act (“TAA”) sets out the exclusive grounds for vacating arbitration awards arising from agreements governed by that statute, and that common law vacatur grounds are no longer viable. Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016). Read the full alert ...
Six years after Oracle first accused Google’s popular Android platform of infringing Oracle’s copyrights in Java application programming interfaces (“APIs”), a Northern District of California jury has found that Google’s copying constituted fair use. Oracle was seeking $8.8 billion in damages for the alleged infringement ...
