Interstate Commerce

News & Analysis as of

Securities Fraud – a Lesson for Promoters

We discussed SEC v. Arcturus et al last week and promised more. Here it is. Did defendants commit securities fraud? It doesn’t matter. Violations of Sections 5 of the Securities Act and 15.A of the Exchange Act are...more

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

High Stakes: Investing in a Legal Marijuana Business

Considering diversifying with a high-risk investment? Heard the lure of the “green rush” toward a possible $100 billion legal marijuana industry? Before you write that check... Please see full Article below for...more

Why is Federal Question Jurisdiction Such a Mess?

In honor of Buddy Ryan, the legendary football coach who passed away last week, we will be especially crotchety in today’s case report. It was while we were in law school in Chicago that Ryan was the coordinator of a Bears...more

Connecticut Supreme Court Ruled MCS-90 Endorsement Within Trucking Policy Covers Only Interstate Transit or Trip-Specific...

In Renee Martinez v. Empire Fire and Marine Insurance Company, SC 19390 (to be officially released on July 12, 2016), the Connecticut Supreme Court ruled that the MCS-90 Endorsement within trucking policy covers only...more

Accounting for FERC’s Ability to Revoke MBR Authority in Project Financing Agreements

On June 9, the Federal Energy Regulatory Commission (“FERC”) issued an order revoking authority to charge negotiated “market-based” rates (“MBR Authority”) previously granted to several subsidiaries of Berkshire Hathaway...more

The federal-state energy regulatory divide: The new order after Learjet, EPSA and Hughes

In three recent decisions (the Three Decisions), the US Supreme Court (the Court) drew a sharp dividing line between the authority of the Federal Energy Regulatory Commission (FERC or Commission) and that of the states to...more

FERC says Nicatous microhydro doesn't need license

Federal energy regulators have ruled that a micro-hydroelectric project proposed by a remote Maine sporting camp does not require licensing under the Federal Power Act. The Nicatous case illustrates one expedited regulatory...more

The Supreme Court - June 2016 #5

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

Shhhhh! Obama Signs the Defend Trade Secrets Act

Remember when you, as an employer, asked an attorney to prepare a contract containing a covenant not to compete? Or maybe you, as an employee, had questions about such a covenant. Or, perhaps, an attorney prepared a...more

Proposed New North Carolina Law Would Allow Distilleries to Sell Direct to Consumers Outside the State at the Distiller’s Price

North Carolina House Bill 169, the Regulatory Reduction Act of 2016, proposes to authorize North Carolina distilleries to “better complete nationally and internationally” through two important changes: (1) increasing the cap...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Supreme Court Decides Torres v. Lynch

On May 19, 2016, the U.S. Supreme Court decided Torres v. Lynch (No. 14-1096), holding that a state criminal offense counts as an “aggravated felony” under § 1101(a)(43) of the Immigration and Nationality Act (INA) when it...more

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...more

The Court has spoken: State programs to incentivize the construction or continued operation of electric generators must be crafted...

Energy regulators throughout the United States are looking for ways to encourage production of clean electricity, including from renewable sources. States, public utility commissions, power producers, power distributors and...more

Congress Passes the Defend Trade Secrets Act

On April 27, 2016, the U.S. House of Representatives passed the Defend Trade Secrets Act (DTSA) by a vote of 410 to 2. Since the Senate already passed the bill and the Obama Administration has long been in favor of it, the...more

Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343. It provides further guidance, at least within the Fifth Circuit, on the...more

Supreme Court Decides Hughes v. Talen Energy Marketing, LLC

On April 19, 2016, the United States Supreme Court decided Hughes v. Talen Energy Marketing, LLC, No. 14-614, holding that Maryland’s program that provided subsidies to a new electricity generator through state-mandated...more

Supreme Court rules on state energy incentives

The U.S. Supreme Court has released its ruling on a case affecting how states may provide incentives for electric power generation. In Hughes v. Talen Energy Marketing, LLC, the Court upheld a lower court's ruling...more

State Statutes Requiring MERS To Pay Higher Recording Fees Declared Constitutional

On February 23, 2016, in the case of MERSCORP Holdings, Inc. et al. v. Dannel P. Malloy et al., the Connecticut Supreme Court upheld the constitutionality of certain state statutes which impose higher fees for mortgage...more

FERC rules off-grid micro-hydro needs no license

Federal hydropower regulators have granted reconsideration of a 2015 order finding licensing required for an off-grid micro-hydropower project proposed in Massachusetts. Based on newly submitted evidence that the proposed...more

Dialing in on Health Care Delivery Through Telemedicine

With the implementation of the Affordable Care Act, millions of newly insured patients have entered the health care market, bringing attention to the need for expanded access to services. Meanwhile, rapid advancements in the...more

State & Local Tax Advisory: Direct Marketing Association v. Brohl: What’s Quill Got to Do with It?

On February 22, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its decision in Direct Marketing Ass’n v. Brohl. 1 The Tenth Circuit reversed the federal district court and held that Colorado’s law imposing use...more

Tenth Circuit Rules Colorado Can Require Remote Retailers to Notify Customers of the State's Use Tax

On Monday, the U.S. Court of Appeals for the Tenth Circuit upheld the constitutionality of a Colorado law that requires remote retailers to notify customers of the state’s use tax requirements and report certain customer tax...more

Health Update - February 2016

Better Late Than Never: CMS Provides Much-Needed Clarity on the 60-Day Overpayment Refund Requirements - On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the long-awaited final rule (Final...more

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