Holland & Knight LLP

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust…more
| Antitrust & Trade Regulation, Civil Remedies, Health, Mergers & Acquisitions

Courts Continue Trend of Recognizing Tribal Immunity in Bankruptcy Proceedings

Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware (Court) issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments, their…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Indigenous Peoples

History Doesn't Bode Well For New Commercial Cargo Preference Bill

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of…more
| Elections & Politics, Energy & Utilities, International Law & Trade, Maritime Law

Mexico's CENACE Determines Assets for Power Transmission and Distribution Networks

Mexico's National Energy Control Center, or Centro de Control de Energía (CENACE), is the non-centralized government body that operates the country's Wholesale Power Market, or Mercado Mercado Eléctrico Mayorista (MEM). As such,…more
| Energy & Utilities

Justice Department Reveals How It Evaluates Corporate Compliance Programs

The U.S. Department of Justice (DOJ) Fraud Section recently published its "Evaluation of Corporate Compliance Programs" that lists 1) the topics it explores and 2) the questions it asks when it assesses the effectiveness of a…more
| Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions

Mexico's Energy Regulatory Commission Clarifies 10 Scenarios on Trading for Oil Products

Mexico's Energy Reform of 2013 opened oil and gas sectors to private direct investment and operation. Under that reform, trading of hydrocarbons, oil and petrochemicals (oil products) opened in all value chains, even though some…more
| Energy & Utilities, International Law & Trade

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent from a…more
| Administrative Law, Communications & Media Law, Labor & Employment Law

Mexico Judicial Criteria Issued for Telecommunications Antitrust and Preponderance

One of the purposes of the 2013 Amendment to the Mexican Constitution was to promote competition in telecommunications and broadcasting services. As part of the reform, the Federal Telecommunications Institute, or Instituto…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

Electric Cooperative Receives Favorable Interpretation of Excess Revenue Statute and Class Action Dismissal

A federal court's interpretation of an excess revenue statute could bring an end to many capital credit lawsuits brought by current and former members of rural electric cooperatives challenging the distribution of patronage…more
| Civil Procedure, Energy & Utilities

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for medical…more
| Civil Rights, Commercial Law & Contracts, Franchise Law, Intellectual Property, Labor & Employment Law

Mexico's Ministry of Energy Issues Interconnection Manual for Small Capacity Plants

Mexico's Energy Reform of 2013 opened activities of the country's power market to private investors. Before the reform, large-scale power generation was reserved to the state-run Comisión Federal de Electricidad (CFE), or to…more
| Energy & Utilities

Mexico's CENAGAS Awards 29 Percent of Import Capacity for NG Pipeline from South Texas

Mexico's 2013 Energy Constitutional Reform opened oil and gas sectors to private direct investment and operation. Under that reform, the National Center for Natural Gas Control (CENAGAS) was created as a state-run natural gas…more
| Energy & Utilities

50/50 Ownership Relationships can be Trouble, Plan Ahead

Case Study: Trans Perfect Global, Inc. Philip Shawe v. Elizabeth Elting, Delaware Supreme Court, February 13, 2017 - TransPerfect is a successful global translation business founded by two college friends, Philip…more
| Business Organizations, Commercial Law & Contracts, Securities Law

House ACA Bill Contains Numerous Provisions Affecting Employers

The House Committee on Ways and Means and the House Energy and Commerce Committee released proposed legislation on March 6, 2017, to partially repeal and replace parts of the Affordable Care Act (ACA), which was signed into law…more
| Elections & Politics, Health, Labor & Employment Law, Taxation

House Committees Unveil Affordable Care Act Repeal/Replace Bill

Congressional Republican leaders have indicated that they will approach the repeal and replacement of the Affordable Care Act in three steps: 1) repeal and replace through the so-called "budget reconciliation" process; 2)…more
| Elections & Politics, Health, Labor & Employment Law, Taxation
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