Record Highs and Lows in New Jersey’s Uncertain Solar Market by Reed Smith on 5/14/2012 New Jersey’s solar market hit record highs on the development side in the face of record lows in Solar Renewable Energy Credit (SREC) prices during the first quarter of 2012. A record 685 solar projects were installed in...more
Structure and Approach of the Clean Energy Finance Corporation by Baker & McKenzie Australia on 4/24/2012 The Australian Federal Government recently released the findings of the Expert Review on the design of the $10 billion Clean Energy Finance Corporation (CEFC). The Expert Review Panel was appointed by the Government on 12...more
Why Your Social Media Presence Needs To Be Vetted By A Social Media Attorney by Michelle Sherman on 4/24/2012 An ounce of prevention is worth a pound of cure” is a very fitting description for what businesses are learning when they do not have their social media presence reviewed by a social media law attorney. Here are a few...more
Records and Information Management and Retention by Venable LLP on 3/14/2012 “Why Should I Care about Records and Information Management?” Records and Information Management (“RIM”) is a tool to manage the costs of storage of records and maintenance of electronic information, and the risks...more
New Federal Guidelines Promote Uniform Treatment of E-Discovery in Criminal Proceedings by Bracewell & Giuliani LLP on 2/24/2012 The Department of Justice (DOJ), the federal courts, and the criminal defense bar have developed a set of guidelines that appears to be a major step towards uniform treatment of e-discovery in federal criminal...more
Responding to Comprehensive Financial Fraud Enforcement Efforts by K&L Gates LLP on 2/8/2012 When the President of the United States highlights an enforcement initiative in the State of the Union Address, as he did on January 24, 2012, it likely is a strong indication of things to come. And action was swift....more
Facebook Profile Subject to Discovery by Katten Muchin Rosenman LLP on 7/13/2011 The U.S. District Court for the Middle District of Pennsylvania recently considered whether information contained within a party's Facebook account is properly subject to discovery. The case arose from a November 2008...more
McAfee & Taft RegLINC: Supreme Court prohibits federal common law nuisance suits seeking limits on carbon dioxide emissions By... by McAfee & Taft on 7/5/2011 By a vote of 8 – 0, the United States Supreme Court recently ruled that congressional delegation of authority to EPA to regulate pollutants under the Clean Air Act (“Act”) speaks directly to regulation of carbon dioxide...more
Memo on HHS's NPRM: HIPPA Privacy Rule Accounting of Disclosures and Access Reports by Cory S. Clements on 6/6/2011 On May 31, 2011, the Department of Health and Human Services (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) as authorized by the HITECH Act of 2009. Primarily, the proposed changes...more
Traveling the New Road to Data Privacy Regulation in the United States: An Examination of Recent U.S. Data Privacy Considerations... by James Sherer on 6/1/2011 A spate of recent – and renewed – interest in data privacy by the U.S. Government should give those organizations that collect sensitive and personally-identifiable information from individual consumers reason to pause. And...more
Developing a Sound Records Policy by Rafael Moscatel on 5/2/2011 Legally and ethically, firm records must be complete, trustworthy, accessible, admissible in court and stable throughout their entire lifecycle. Records are most often documents, but can also consist of other forms of...more
California Enacts New e-Discovery Rules That Mirror Federal Court E-Discovery Rules – With One Exception by Littler on 7/21/2009 On June 29, 2009, California Governor Arnold Schwarzenegger signed into law the Electronic Discovery Act (“California EDA”). The California EDA took immediate effect as an urgency measure, “in order to eliminate uncertainty...more
EIM and Litigation Alert: California eDiscovery Legislation Signed Into Law, Effective Immediately by Fenwick & West LLP on 7/6/2009 On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California’s first set of statutes designed to address the realities of electronic discovery. AB 5 adds two new statutes to the California Code of Civil...more
A Hidden Assault on the Corporate Attorney-Client Privilege by JAG Legal Services on 5/11/2009 On November 12, 2008, the Federal Acquisition Regulation Councils issued a final rule amending Federal Acquisition Regulation (FAR) 52.203-13 to “amplify the requirements for a contractor code of business ethics and conduct,...more