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US & The Americas: oil and water — proposed redefinition of waters of the US has significant implications for domestic operations
The EPA and the US ACOE have announced a new deadline to submit comments to its much-debated redefinition of the term, ‘Waters of the United States’, which drives the scope of federal jurisdiction in numerous areas.
In order to consider why this issue made a difference in Avonwick, it might be well to revisit the accepted meaning under English law of the term ‘without prejudice’.
US & The Americas: guidance for companies developing and implementing antitrust compliance programmes
Recent policy statements by the DoJ highlight the factors companies should consider when developing and implementing antitrust compliance programmes.
Parties with no operations or other relationship to England or the UK frequently specify English law as controlling, with a clause providing for arbitration of disputes in London.
US & The Americas: FCC Enforcement Monitor — $86,400 fine for unlicensed and unauthorised BAS operations; and more
Pillsbury has published its FCC Enforcement Monitor for October 2014.
Doing Business in the United States is an introductory guide for non-US businesses that may be interested in doing business in the US.
The 2nd District Court of Appeal has held that Proposition 13 changes in ownership prompted by transfers of legal entity interests should also be characterised as ‘realty sold’.
Companies can expect an increase in creative and complex qui tam cases, with the DoJ lending its substantial resources to the growing plaintiffs’ bar.
On 10 September 2014, California governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014.
Aurora Energy decision deems discharges prohibited, leaves open question of permit shield applicability
On 3 September 2014, the US Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v Aurora Energy Services LLC.
Scaling back considerably from the October 2012 term, the US Supreme Court issued only a few rulings affecting environmental law during the October 2013 term.
The English High Court has analysed the arguments for and against non-English forum selection and choice-of-law terms in commercial contracts involving English parties.
New threat to ‘bring your own device’ policies: employer required to reimburse personal cell phone expenses
California employers must reimburse employees who are required to use personal mobile phones for work calls for a reasonable percentage of their phone bills.
The Supreme Court has held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a corporation’s internal investigation.
Whoever said ‘a verbal contract isn’t worth the paper it’s written on’ did not have this quite right and recent case law confirms they actually had it quite wrong.
US: corrective action catch 22 — Court of Federal Claims holds agency action must be rational even if GAO protest decision was not
The decision in RUSH reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest decision by the GAO.
Delaware Supreme Court permits stockholders to overcome corporation’s attorney-client privilege for ‘good cause’
Plaintiff stockholders can inspect documents concerning a corporation’s internal investigation even if those documents are otherwise covered by the attorney-client privilege.
The Patent Trial and Appeal Board has made it hard for patent owners to amend their claims. Pillsbury’s Patrick Doody outlines the problems this causes and how to fix them.
In Blackhorse v Pro-Football Inc, the US Patent and Trademark Office once again cancelled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans.
It is too early to administer last rites to the ‘restitution/disgorgement defence’, but a compelling opinionsuggests that its expanding use has been severely curtailed.