BakerHostetler

State of Wyoming Joins Independent Producers In Opposition To Federal Hydraulic Fracturing Rule

The Wyoming Attorney General’s Office filed a complaint today in Wyoming federal district court asking the court to set aside recently finalized federal regulations related to hydraulic fracturing on federal and public lands…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The ACA Five Years Later: A Good Investment or Risky Business? We Dare Not Opine!

The enactment of the Patient Protection and Affordable Care Act (ACA), signed into law on March 23, 2010, represents a significant legislative milestone in healthcare reform and a continuing communications challenge for…more
| Commercial Law & Contracts, Health, Securities Law

The Innovation Act of 2015: Congress Targets Patent ‘Trolls’ Again

On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill is the second time in as many years that the…more
| Elections & Politics, Intellectual Property, Science, Computers, & Technology

CFIUS Report Reflects Continued Need to Plan for Government Scrutiny of Cross-border Transactions

The Committee on Foreign Investment in the United States (CFIUS) recently reported its 2013 activities, confirming the continuation of its heightened review and investigation of certain foreign direct investments in U.S…more
| Antitrust & Trade Regulation, Business Organizations, Consumer Protection, International Law & Trade

Obama Proposes “Middle Class” Tax Increases at Death

The prospects of significant tax legislation this year are low. Nevertheless, when the President proposes “tax reform” it makes headlines. The Obama administration’s latest tax proposals for fiscal year 2016 would increase…more
| Elections & Politics, Taxation, Wills, Trusts, & Estate Planning

USPTO Urged to Revise Interim §101 Guidance to Require Examiners to Present a Proper Prima Facie Case Supported by Factual Evidence

As previously reported, on December 15, 2014, the U.S. Patent and Trademark Office (USPTO) published a document titled “2014 Interim Guidance on Patent Subject Matter Eligibility” (Interim Guidance). This Interim Guidance was…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

California Crude Trains: How Much Oil Is Actually Coming In and Where Is It Coming From?

California has become ground zero for legal opposition to crude-by-rail projects. Opponents decry derailments, toxic vapors, and other ills. Yet despite the dire images painted by crude-by-rail’s opponents, the reality on the…more
| Energy & Utilities, Zoning, Planning & Land Use, Transportation

Use of Service Marks in Commerce: Making Good on Your Promises

In order to register a service mark—a trademark used to promote and sell services, as opposed to goods—with the United States Patent and Trademark Office (USPTO), the owner of the service mark must be using the mark in…more
| Civil Procedure, Communications & Media Law, Intellectual Property

In Cross-Border Contamination Case, Court Holds That CERCLA Displaces Federal Common Law Public Nuisance Claim

In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public nuisance…more
| Conflict of Laws, Environmental Law, Personal Injury, Zoning, Planning & Land Use, International Law & Trade

Independent Producers Lead Legal Challenge Against BLM’s Hydraulic Fracturing Rule

After a regulatory review process lasting more than three years, the Bureau of Land Management (BLM) issued today a final rule purporting to govern hydraulic fracturing on federal and Indian lands. Given BLM’s failure to correct…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Indigenous Peoples

Update: Banca Privada d’Andorra Succumbs After FinCEN Action

On March 16, 2015, the Spanish subsidiary of Banca Privada d’Andorra, Banco de Madrid, sought bankruptcy protection in the midst of a run on the bank by depositors…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Fourth Circuit Rejects EEOC Expert Report Riddled With Errors

We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is…more
| Civil Procedure, Civil Rights, Labor & Employment Law

District Court Rejects Claim to Aggregate Series of Compressor Stations

A federal judge in Pennsylvania recently denied an environmental group’s attempt to subject a driller’s gas compressor stations to stricter regulatory permitting. This decision provides reliable guidance for drillers on the…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

FDA Establishes Docket for Public Comments on Drug Compounding

The Food and Drug Administration (FDA) recently announced a new docket for public comments on the compounding of human drug products under sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (FFDCA). The FDA hopes…more
| Administrative Law, Health, Science, Computers, & Technology

State Health Regulatory Bodies Have Teeth Pulled

Old and new regulations established by state professional boards that are composed of “active market participants” such as physicians, dentists and therapists, may be subject to antitrust challenge following the U.S. Supreme…more
| Administrative Law, Antitrust & Trade Regulation, Health
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