McCarter & English, LLP

Supreme Court Seals Tight a TTAB Decision

In a recent case that will raise the stakes for companies involved in contentious administrative trademark proceedings, the U.S. Supreme Court held that the administrative tribunal, the Trademark Trial and Appeal Board (TTAB),…more
| Administrative Law, Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

The Clean Power Plan: A View from FERC, Part IV - Economic v. Environmental Dispatch, Please

It’s been a long winter in my neck of the woods and not because Punxsutawney Phil saw his shadow. Pipes froze. Twice. Furnace was out overnight. Broke three shovels. So I had a particular interest this past Wednesday, March…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

A View from the FERC - Part III - Time to Keep the Lights On

Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners to hear the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

New Pipeline Safety Rules: What You Need to Know

Executive Summary - New regulations for pipeline construction, safety and transportation issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), which is an agency of the Department of Transportation…more
| Administrative Law, Energy & Utilities, Transportation

Community Solar - A New Path in Illinois

This week, the Chicago Tribune reports that the Citizens Utility Board (CUB) and the Environmental Defense Fund (EDF) filed a petition with the Illinois Commerce Commission (ICC) to require Commonwealth Edison Company (ComEd) to…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Federal Circuit Rules Launching a Website or Other Advertising Alone Is Not Service Mark “Use”

Executive Summary - Launching a website or other advertising alone is not enough to prove “use” of a service mark. You must actually render the services you claim in connection with your service mark before you file your…more
| Civil Procedure, Communications & Media Law, Intellectual Property

The Keystone XL Pipeline Veto: Much Ado ...

When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Clean Power Plan: A View from FERC, Part II - Infrastructure

Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Clean Power Plan: A View from FERC

It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean Power…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Employers: Properly Administer Nonqualified Deferred Compensation Plans, or You May Be Held Liable to Participants for Adverse Tax Consequences

An employer’s liability to retirees for “improper” FICA tax withholding illustrates the importance of diligent administration of nonqualified deferred compensation plans. In the recent case of Davidson v. Henkel Corp., a…more
| Labor & Employment Law, Finance & Banking, Taxation

Inter Partes Review Proceedings Continue to Be an Efficient and Effective Way to Address Patent Infringement Allegations in Light of a Recent Federal Circuit Decision

A recent court decision suggests that it may be even easier to invalidate patent claims via a relatively quick proceeding before the U.S. Patent and Trademark Office (“PTO”) – known as inter partes review (“IPR”) – as compared…more
| Civil Procedure, Intellectual Property

SBICs Given Additional Flexibility to Structure Their Investments

Summary - The Small Business Administration (SBA) adopted revisions to its regulations, loosening its prohibition on small business investment companies (SBICs) investing in passive businesses. Under the revised…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act

Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Private Equity: SEC Custody Rule—One Size Does Not Fit All

As a result of the Dodd-Frank Act, since 2012 investment advisers that operate pooled investment vehicles such as hedge funds and private equity funds with $150 million of assets under management became subject to the Investment…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert

Winter storm Juno is expected to hit this evening and last through Wednesday, impacting businesses from the Mid-Atlantic to New England. Millions may be affected by power outages and travel disruptions, and many may suffer…more
| Commercial Law & Contracts, Insurance, Real Estate - Commercial
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