Certificate of Label Approval (or COLA) can be one of the more frustrating processes for brewers. Each label must be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Once the COLA is issued, only certain, limited changes… more

On March 30, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued separate orders (i) partially granting one of two challenges to PJM Interconnection, L.L.C.’s (PJM) frequency regulation (“Regulation”)… more

• 7-year denial order imposed against Chinese telecommunications equipment maker • Denial order strictly limits business with company • Action comes as U.S. imposes other trade restrictions on China On April 16, U.S. Commerce… more

Sturgeon v. Frost, et al., 872 F.3d 927 (9th Cir. 2017). In September 2011, moose hunter John Sturgeon brought an action against the National Park Service (“Park Service”), alleging it inappropriately banned him from using a… more

Immigration on the Rise - In more than 75% of counties in the United States, the number of immigrants moving into a particular county exceeded those who were moving out. Additionally, four of the top ten counties with the highest… more

Technology in today's world has radically changed the threats that companies face. In the transportation industry, technology is increasingly used by cargo thieves when they break into shipping containers. While an amateur will crudely… more

In a Privacy Peril last month we noted steps you can take to lockdown your Facebook account so you are not inadvertently sharing data with unintended third parties. While recent revelations have disclosed how extensively Facebook… more

On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement officers based… more

Portland planning staff is proposing strict new limits on the size of houses that can be built or remodeled in most areas of the City. Included in the latest draft of its “Residential Infill Project” code amendments, the strict… more

Federal bank regulators issued a statement on April 10 alerting banks of risk management issues regarding cyber insurance coverage. The statement was issued jointly by the Federal Reserve, FDIC, OCC, NCUA and CFPB through their… more

I recently presented to the Corporate & Securities Law Committee of the Association of Corporate Counsel (ACC) on the topic entitled “Behind the SEC Curtain: Practical Tips for Interacting with the SEC Staff.” The presentation… more

In February 2014 the U.S. National Institute of Standards in Technology (‘NIST’) published the ?rst NIST Cybersecurity Framework, responding to an Executive Order on improving critical infrastructure cybersecurity issued by President… more

Droplets, Inc. v. E*TRADE Bank, No. 16-2504 (Fed. Cir. Apr. 19, 2018), is a cautionary tale on the need for careful patent prosecution. Because of an error in the priority claim, Droplets lost its right to claim an earlier effective… more

Bankinfosecurity.com report that “Fraudsters are now gingerly testing the waters in central and Western Europe with attacks that drain cash machines of their funds, according to a trade group that studies criminal activity around… more

As discussed in our last alert, the possibility of parties turning to force majeure clauses as an excuse for performance in the face of steel and aluminum tariffs has become a reality. While the government deals with numerous… more

Last week, Boulder made good on its threat to file a lawsuit seeking potentially billions of dollars from energy producers based on the effects of climate change. The city and county of Boulder, along with San Miguel County, sued… more

The United States Environmental Protection Agency (“EPA”) public noticed in the April 17th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 83 Fed. Reg. 16853. The PPA concerns the Manual Transmission of… more

This Week in New York – Central Park To Become Car-Free, Head of Landmarks Preservation Commission Resigning, Lead Inspections & Open-door Helicopters Banned - Mayor de Blasio Announces Central Park, World's Most Iconic Greenspace… more

The Government of India has announced possible amendments to the Indian Arbitration and Conciliation Act 1996 ("Act"). On 7 March 2018, the Cabinet of Ministers approved the Arbitration and Conciliation (Amendment) Bill 2018 ("Bill")… more

Focus - Climate lawsuits, once limited to the coasts, jump inland - THE NEW YORK TIMES - Apr 18 Until recently, communities suing fossil fuel companies over the costs of climate change have been located on the coasts: cities and… more

Ninth Circuit: Prior Salary Can’t Justify Wage Differential - Why it matters - Noting that “[s]alaries speak louder than words,” the en banc U.S. Court of Appeals, Ninth Circuit ruled that employers may not justify a wage… more

Federal Circuit Summaries - Before Lourie, O’Malley, and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary: When a case is dismissed with prejudice for lack of standing, the… more

Mississippi recently amended its Debt Management Services Act to exclude certain for-profit debt management service providers from the definition of “debt management service provider.” The bill becomes effective on July 1, 2018… more

On 12 May 2018, US President Trump will decide whether or not to renew the US sanctions relief in relation to Iran. Declining to do so would put the US in breach of, and amount to US withdrawal from, the JCPOA, the Iran… more

During the recent Budget Statement for 2018, Singapore’s Ministry of Finance announced the creation of an Infrastructure Office to be established by Enterprise Singapore and the Monetary Authority of Singapore. The Infrastructure… more