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Supreme Court

Supreme Court declines to block EPA methane, mercury rules

The Supreme Court on Friday turned down a request from Republican-led states and industry groups to block a rule from the Environmental Protection Agency that imposes more stringent standards on emissions of hazardous air pollutants from coal-fired power plants. At the same time, the justices turned down a similar request from Oklahoma and industry groups to block an EPA rule that seeks to regulate emissions of methane, a powerful greenhouse gas, from crude-oil and natural gas facilities.

Friday’s … Read the rest

Supreme Court

Court rules for South Carolina Republicans in dispute over congressional map

The Supreme Court on Thursday threw out a ruling by a federal district court holding that a congressional district on the South Carolina coast was an unconstitutional racial gerrymander – that is, it sorted voters based primarily on their race. In an opinion by Justice Samuel Alito, the justices cleared the way for the state to use the map going forward. The 6-3 decision, with the justices divided on ideological lines, means that the disputed district will remain a … Read the rest

Civil Law

Broadcast Station Contest Rules Aren’t Just for Contestants, They Apply to the Stations, Too!

The FCC recently released a Notice of Apparent Liability (“NAL”) for a forfeiture of $ 8,000 that should be a cautionary tale for other broadcast licensees that conduct contests for listeners or viewers. This fine arose out of the station’s failure to conduct a contest in accordance with its announced terms, and specifically to make payment of a prize by the deadline which the station had established for itself. The FCC found that this failure was a violation of its … Read the rest

Civil Law

Department of Transportation (DOT) consumer protections – new rules to watch

As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices.

Ancillary fees

In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges … Read the rest

Supreme Court

Supreme Court rules against union over strike liability

In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union under state law for damage the employer incurred as a result of the union’s strike. The case produced a surprisingly broad majority agreeing that the strike at issue was not even arguably protected … Read the rest

Civil Law

IFSCA Relaxes Rules for Family Investment Funds in GIFT City

Fund structures are gaining popularity among wealthy individuals in India as optimum structures to help with wealth planning, investments, and tax management. Family offices are viewing GIFT City, India’s first international financial services centre (“IFSC”), for the purpose of facilitating global investments in a structured manner.

The IFSC funds regime envisages a ‘Family Investment Fund’ (“FIF”) as a self-managed fund set up in the IFSC for pooling money from a ‘single family’. FIFs can be set … Read the rest

Civil Law

FSIS seeking public comments on a number of proposed rules and regulations for the USDA

The USDA’s Food Safety and Inspection Service are seeking public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage.

Of note is that FSIS extended the written comment period on the proposed Salmonella framework to Dec. 16, 2022. Written comments should be submitted through Regulations.gov. Visit the FSIS website to view the Federal Register notice and details on how to comment.

FSIS is currently seeking comments on the following:

Until December 16: Proposed Framework for Controlling Salmonella

… Read the rest

Civil Law

Guest blog: SEC adopts final rules for clawback of erroneously awarded compensation

By: Louann Fang Richard, Brent L. Bernell, Andrew D. Ledbetter, Eric Forni, Rita M. Patel, Keith Ranta, Bryan Card

The Securities and Exchange Commission (SEC) has approved, by a 3-2 vote, final rules that require publicly traded companies to adopt policies regarding recovery of erroneously awarded incentive-based compensation, or “clawback” policies. The SEC initially proposed clawback rules in July 2015, but the rules have been pending finalization until the SEC reopened the comment period in October 2021 and again in … Read the rest