PretiFlaherty

Issue of Diversifying Revenue Streams Stands in Shadow of Millionaire Surtax

Is it wise and fair to try to raise $2 billion per year in new revenue for improvements to public education and transportation by instituting a surtax of 4% on the incomes of every millionaire in Massachusetts? Seventy…more
| Taxation

Nicatous Lodge proposes off-grid micro-hydro project

A Maine sporting camp has proposed developing an off-grid micro-hydropower project to provide it electricity. Nicatous Lake Lodge and Cabins LLC proposes to develop the micro-hydro project at its remote property near…more
| Energy & Utilities, Environmental Law

Alta Ski Area conduit micro-hydro project

Alta Ski Area has proposed developing a micro-hydropower project along an existing pipeline, and hopes to benefit from a streamlined regulatory process. Federal regulators have made a preliminary determination that the proposed…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

EEOC on Workplace Wellness Programs: Final Rules Announced

Earlier this month, the Equal Employment Opportunity Commission issued its final rules on employer wellness programs. The final rules, which go into effect in January 2017, provide guidance on how workplace wellness programs…more
| Civil Rights, Insurance, Labor & Employment Law

Fate of Proposed Surtax on Millionaires Could Hinge on Three Simple Words

The plan to have Massachusetts collect about $2 billion more per year through a new 4% income surtax on millionaires seems to be encumbered by an unavoidable-but-possibly-fatal vulnerability. The weakness consists of three…more
| Education, Elections & Politics, Taxation, Transportation

Hydro relicensing and intervention timing

The Federal Energy Regulatory Commission issues hydropower licenses for terms of up to 50 years. At least 5 years before license expiration, the licensee is required to notify the Commission and the public whether it intends to…more
| Energy & Utilities, Environmental Law

Hope For Software Patents In The Post-Alice Landscape

The courts have long been attempting to establish an appropriate framework with which to handle software-based inventions. Even before the Supreme Court decision in Alice Corp. v. CLS Bank International numerous tests have been…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

First of Two Constitutional Conventions on Millionaire Surtax Was a Doozy

It was one of the more fascinating events to occur at the State House in a long time, this joint session on Wednesday afternoon, May 18, of the House of Representatives and Senate, or constitutional convention as it’s called…more
| Constitutional Law, Elections & Politics, Finance & Banking, Taxation

FERC Summer 2016 energy market and reliability report

Federal energy regulatory staff have presented their 2016 Summer Seasonal Assessment to the Federal Energy Regulatory Commission. The "Summer 2016 Energy Market and Reliability Assessment" presents an summer outlook by FERC's…more
| Energy & Utilities

Maine biomass procurement competitive standards

As the Maine Public Utilities Commission prepares for its upcoming procurement of biomass power resources, the Commission has requested public comment on the standards and criteria to be used in evaluating whether the…more
| Energy & Utilities, Environmental Law, Government Contracting

Introducing a New Product? Should a Freedom to Operate Study Be Undertaken?

When developing a new product, companies will frequently engage counsel to perform a “freedom to operate” study in an effort to identify patents that might raise a risk of patent infringement following the introduction of the…more
| Civil Remedies, Intellectual Property, Science, Computers, & Technology

FERC and microhydro licensing

Federal energy regulators have ruled that a micro-hydroelectric project proposed in New York cannot be constructed or operated without a license. The proposed Henson Micro Hydroelectric Project would be located on the West…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

On Eve of Freight Rail Day, Thoughts Turn to Access and a Senator of Great Heart

On May 18, 2016, we’ll be helping to run the Massachusetts Railroad Association’s annual Freight Railroad Day on Beacon Hill. The association is a long-time client of ours. This is the day when we, accompanied by the…more
| Elections & Politics, Transportation

Update: President Signs Defend Trade Secrets Act of 2016 (DTSA) into Law and Imposes New Empoyer Whistleblower Immunity Notice Requirements

President Barack Obama signed the federal Defend Trade Secrets Act of 2016 (DTSA) into law on Wednesday, May 11, 2016. As discussed in a prior blog article, the new federal trade secret law provides a new federal civil…more
| Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

Congress Passes Defend Trade Secrets Act of 2016 (DTSA) and Imposes New Employer Whistleblower Immunity Notice Obligation

Congress has passed a new intellectual property law to protect trade secrets. The law provides a new federal civil cause of action for trade secret misappropriation. The law also imposes a new whistleblower immunity notice…more
| Business Torts, Commercial Law & Contracts
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