October 24, 2016

October 24, 2016

October 21, 2016


Tax, Controversial Debt-Equity Regulations Finalized With Limited Fixes, Concessions and Reservations by Government
On October 13, 2016, Treasury and the IRS issued important new final and temporary regulations (the “Regulations”) under section 385 of... Read More >
Chemistry, Science
On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green... Read More >
environment, energy
The litigation over EPA’s Carbon Pollution Emission Guidelines for Existing Electric Generating Units (Carbon ESPS) continues to take... Read More >
Airport, Travel, EB-5 Visa
On Oct. 14, 2016, the U.S. Chamber of Commerce, the EB-5 Investment Coalition, and the Real Estate Roundtable hosted a briefing on the EB-5... Read More >
chicken, FDA, USDA, food producing animals
The International Poultry Council has pledged to tackle antibiotic resistance in food producing animals. As previously covered on this... Read More >
World Trade Organization, Gears, russian imports
On 12 August, a WTO dispute settlement panel confirmed that Russian import duties on paper, refrigerators and palm oil violate WTO rules... Read More >
Car Assembly, European Union Posts September Car Sales Record, Asian Markets Continue to Grow
New car sales in Europe grew by 7.3% in September, marking a new record for September. This growth continued despite concerns over Brexit. ... Read More >
Phone, Court Dismisses TCPA Suit for Failure to Adequately Allege Seller’s Vicarious Liability
The Northern District of Ohio recently dismissed a Telephone Consumer Protection Act (TCPA) action because the plaintiff failed to allege any facts... Read More >
OSHA logo, drug testing
On October 19, 2016, OSHA published a memorandum interpreting the new anti-retaliation provisions... Read More >
Rain storm
Some violators of federal industrial stormwater requirements will likely pay significantly higher... Read More >
Money, US Treasury Final Regulations Clarify Partial Lump Sum Distribution Rules
In September, the US Department of the Treasury issued final regulations that clarify the minimum... Read More >
EPA, Promulgates Final Rule for Source Determination for Oil and Gas Operations
In the June 3, 2016 Federal Register, EPA published a final rule that will be used to define the... Read More >
Grads, Raising the Stakes – EPA Increases Civil Penalties for Environmental Noncompliance
Colleges and universities could see huge increases in civil environmental penalties as a result of... Read More >

Federal Court News

Intellectual Property, Federal Circuit Clarifies When Claim Scope is Disavowed

The claims of an issued patent describe the metes-and-bounds of the invention. However, that depends on the court’s interpretation, i.e., construction, of the claimed terms. Statements made by an inventor in her...

telemarketer, automated calls, tcpa

On Wednesday, October 19, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit (including Hons. Srikanth Srinivasan, Harry T. Edwards, and Cornelia Pillard) heard argument in ACA International v. FCC (D.C....

credit card, amex, doj,

The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in...

patent office paper, mode patentability,  Ex parte Schulhauser

The Patent Trial and Appeal Board (PTAB) recently designated Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016), as precedential.  In this decision the Board clarified how to interpret method and system...

State Court News


In August 2016, the Massachusetts Department of Environmental Protection (MassDEP) proposed several changes to its air regulations as part of its efforts to streamline regulations and reduce unnecessary regulatory burdens under...

Rainwater, Run-off

In July 2017, the General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts, known as the ...


EPA has proposed to approve portions of a Kentucky SIP submission from the Kentucky Division for Air Quality (KDAQ) related to the 2010 one-hour nitrogen dioxide (NO2) NAAQS. 81 Fed. Reg 41488 (June 27, 2016). The CAA requires...


Environment, Biofrontiers Platform Releases Policy Recommendations For EU’S 2030 Climate Goals

On October 11, 2016, the Biofrontiers platform, a group of industry and civil society stakeholders brought together by the European...

Competition Authority, Russia, Kenya, South Africa

Earlier this month, South Africa reached agreements with Russia and Kenya to cooperate on enforcing competition law. At the Annual Competition Law, Economics and Policy Conference in Cape Town, South Africa’s Competition...

iran flag, european union, sanctions

The Office of Financial Sanctions Implementation has removed three Iranian companies from its list of sanctions targets listed on the EU’s anti-nuclear sanctions on Iran. The following companies have had their listings annulled...