Stinson Leonard Street

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex discrimination…more
| Civil Rights, Government Contracting, Labor & Employment Law

Tribal Employment and Jobs Protection Act Seeks to Exempt Native American Tribes from ACA

The Tribal Employment and Jobs Protection Act (H.R. 3080) could have a big impact on tribes if it becomes law. The legislation, which was passed by the U.S. House Ways and Means Committee June 15, seeks to exempt Native American…more
| Elections & Politics, Health, Indigenous Peoples, Labor & Employment Law

Tesla, SolarCity and Social Media

Tesla, in an offer to acquire SolarCity, appears to be the first to announce a major proposed acquisition by a blog post. Since an 8-K was also filed, it can’t be sole proof that social media is a recognized distribution channel…more
| Commercial Law & Contracts, Communications & Media Law, Mergers & Acquisitions, Science, Computers, & Technology, Securities Law

Don’t Find Yourself SOL: Know Whether the Statute of Limitations Applies to Your Arbitration

Statutes of limitations provide peace of mind for many attorneys and clients, knowing previous conduct cannot lead to liability after a prescribed time period. But, do statutes of limitations apply to arbitration proceedings?…more
| Alternative Dispute Resolution (ADR), Civil Procedure

When Do "Made in USA" Claims Spark the FTC's Attention?

The Federal Trade Commission (FTC) is tasked with preventing deception and unfairness in the marketplace, including with respect to advertising. One type of deception that the FTC targets involves false claims in advertising…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

New Wind Generators No Longer Exempt from FERC's Requirement to Provide Reactive Power

On June 16, 2016, FERC issued Order No. 827, which requires transmission-owning public utilities to revise their open access transmission tariffs to establish reactive power requirements for new interconnecting non-synchronous…more
| Energy & Utilities

Pending Legislation Would Streamline Regulation of Private Equity

On June 16, 2016, the House Financial Services Committee approved the Investment Advisers Modernization Act of 2016 (H.R. 5424) as part of a package of several economic growth bills. The bill passed with a vote of 47-12 and is…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

FERC Rules that PURPA Purchase Obligation Trumps Post-PURPA Requirements Contracts

Last year, responding to a petition for declaratory order by a rural electric distribution cooperative (Delta-Montrose), FERC declared that, notwithstanding provisions in Delta-Montrose's agreement to purchase 95 percent of its…more
| Energy & Utilities

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college’s enrollment agreement in a 5-1 opinion. Morgan v. Sanford Brown…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Education

CFTC Supplemental Proposal Would Authorize Exchanges to Administer More Flexible Approach to Bona Fide Hedge Exemption to Position Limits

The CFTC has published a proposed supplement to its December 2013 proposed rule on position limits* that would, among other things, authorize designated contract markets and swap execution facilities (“exchanges”) to administer…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Court Rejects Regulation A+ Challenge

The States of Montana and Massachusetts had previously challenged Regulation A+’s preemption of state securities registration and qualification requirements in Tier-2 offerings. The United States Court of Appeals for the…more
| Commercial Law & Contracts, Communications & Media Law, Conflict of Laws, Finance & Banking, Securities Law

SEC Brings First Action under Dodd-Frank Municipal Advisor Antifraud Rules

Two California-based municipal advisory firms and their executives have agreed to settle SEC charges that they used deceptive practices when soliciting the business of five California school districts…more
| Commercial Law & Contracts, Education, Finance & Banking, Securities Law

Flame Retardants: A Guide to Current State Regulations

The Massachusetts Senate became the latest state legislative body to pass a bill that would ban at least eleven flame retardants from children's products sold in the state. An Act to protect children and families from harmful…more
| Commercial Law & Contracts, Products Liability

Final MNvest Rules Adopted

On June 13, the final administrative rules implementing the MNvest intra-state crowdfunding exemption were adopted. The MNvest Rules were first proposed back in November of 2015. Yesterday's publication in the Minnesota State…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

SEC Sets Disclosure Expectations as New Revenue Recognition Standard Implementation Nears

Speaking at a conference, Wesley R. Bricker, SEC Deputy Chief Accountant gave his views on appropriate disclosure as public companies approach implementation of the new revenue recognition standard. According to Mr. Bricker..…more
| Commercial Law & Contracts, Securities Law
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