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Report Projects Modest Need for Electric Generation Capacity Growth

The U.S. Energy Information Administration has projected that 351 gigawatts of new electric generating capacity will be added to the U.S. grid between 2013 and 2040. This projected new capacity, most of which EIA expects to be fueled…more

Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff's Products that Embodied Patent-in-Suit Constituted Core of Plaintiff's Business

After a jury trial in which Power Integrations, Inc. ("Power") obtained a verdict of infringement and validity in its favor against Fairchild Semiconductor ("Fairchild"), Power moved for a permanent injunction. In analyzing the motion…more

The Supremes Sing Out About Control: It is the Primary Test for Deciding Whether a Worker is an Employee or an Independent Contractor

In December 2008, newspaper carrier Maria Ayala sued Antelope Valley Newspapers on behalf of herself and a putative class of other newspaper carriers. The crux of her allegations in the complaint is that Antelope Valley classified its…more

This Week In Securities Litigation (Week ending July 25, 2014)

The Commission issued its long discussed rules reforming money markets this week, requiring that institutional prime money market funds have a floating NAV. The vote was 3-2…more

U.S. Appellate Court Raises Questions Regarding Transparency of CFIUS Process

The District of Columbia Court of Appeals, generally considered the most influential appellate court in the country on matters involving issues of governmental power, has resurrected a challenge by a Chinese-owned company to President…more

Third-Party Due Diligence Checklist

A critical component to any anti-corruption program is third party due diligence. Our Third-Party Due Diligence Checklist, part of The Network's Third-Party Risk Solution, provides a template for gathering critical information…more

California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less Than Four Hours

On July 21, 2014, the California Court of Appeal's Fourth Appellate District, Division One, affirmed the trial court's decision in Rhea v. General Atomics (July 21, 2014, D064517 ) ---- Cal.App.4th ---). In reaching its decision, the…more

Change To Handbook Arbitration Policy—Adding Class Action Waiver—Was Valid And Enforceable

On the same day that the California Supreme Court issued Iskanian, another important ruling with respect to class action arbitration waivers was issued by the Ninth Circuit Court of Appeals. In Davis v. Nordstrom, the court held that…more

Peer Review is not always Privileged

Hospitals, ambulatory surgery centers and independent diagnostic centers cannot exist without physicians and other medical providers. In order to practice at those facilities, the medical professional often is required to be “admitted”…more

What Does the Supreme Court’s Ruling in Fifth Third Bancorp v. Dudenhoeffer Mean for ESOPs and Other Retirement Plan Fiduciaries?

Fiduciaries of qualified retirement plans, including Employee Stock Ownership Plans (ESOPs), have generally been entitled to a presumption that they have acted prudently in offering employer stock as an investment alternative when the…more

Doing Business in Canada: Immigration Restrictions

IMMIGRATION RESTRICTIONS - This section provides a general overview of immigration solutions for foreigners entering Canada as business visitors or temporary workers, including basic information about the visa application and work…more

No More Bike Or Pedestrian Cases? Where Do I Sign Up?

Vision Zero and the idea that we can do a better job for everyone on our streets by reducing fatalities and injuries - There’s a video short that made the internet rounds titled “I’m on a M-Fing bike.” It is a tongue-in-cheek…more

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