Today, Pillsbury attorneys Mark Jones, and Jessica Lutrin published their client advisory titled SEC Adopts Final Pay Ratio Disclosure Rules. The Advisory discusses the SEC’s adoption of its Final Rule under the Dodd-Frank Act to require U.S. public companies to disclose the ratio of the annual total compensation of their principal executive…
Gravel2Gavel Construction & Real Estate Law Blog
NV Shining Bright Light on Solar Contractors
The Nevada State Contractors Board (NSCB) appears to be continuing its efforts to ensure that solar companies remain in compliance with state regulations. NSCB reports that it is using a series of outreach presentations to contractors and homeowners interested in solar construction, reporting, in part, on licensing-related violations within the industry.…
9th Circuit Issues CWA Decision re Water Transfers on the Klamath River
The U.S. Court of Appeals for the Ninth Circuit issued a ruling Friday in the case of ONRC Action v. United States Bureau of Reclamation. Affirming the district court, the Court of Appeals held that the transfer of water into the Klamath River by means of the Klamath Straits Drain, as…
7th Circuit “going outside the record” to reverse District Court’s grant of a motion for summary judgment
In what may be a harbinger of things to come, the U.S. Court of Appeals for the Seventh Circuit debated the propriety of using the court’s own internet research to decide a case before it. The case is Rowe v. Gibson, et. al., decided on August 19, 2015; a pro se…
2nd Circuit Affirms Finding that New York Fracking Moratorium is Not a Force Majeure Extending the Term of the At-issue Leases
On August 19, 2015, the U.S. Court of Appeals for the Second Circuit issued a ruling discussing the impact of New York State’s “Fracking Moratorium” on some existing oil and gas leases. The case is Beardslee, et al., v. Inflection Energy, LLC, et al. The Court of Appeals affirmed the district court’s…
SEC’s Conflict Minerals Rule Again Held to be Unconstitutional
In the latest ruling in the case of National Association of Manufacturers, et al., v. SEC, a divided panel of the U.S. Court of Appeals for the District of Columbia held today that the Secuiety and Exchange Commission’s “conflict minerals” rule’s compelled disclosures—affecting the acquisition of certain minerals produced in the…
Worker’s Death Results in Prison Term for Construction Company Owner and Project Manager
UPDATE: Cal/OSHA Cites Two Employers More Than $300,000 for Exposing Workers to Cave-In Hazards after Stop-Work Order Issued Recently, Cal/OSHA issued a News Release confirming that its criminal investigation into a cave-in death of a day laborer in late January 2012 has resulted in a 2-year prison sentence for both the…
N. Cal. District Court Rejects FWS’s New 30-Year Bald and Golden Eagle “Take” Permit Extension
On August 11, 2015, the U.S. District Court for the Northern District of California, San Jose Division, issued a long ruling deciding a challenge to a new rule, adopted by the U.S. Fish and Wildlife Service (FWS) in December 2013, which increased the maximum duration of a “programmatic permit” to “take” bald…
Timing is Everything: 9th Cir. Affirms IRS’ Disallowance of Charitable Deduction for Conservation Easement
In Minnick, et al., v. Commissioner of Internal Revenue, decided on August 12, 2015, involves conservation easements. The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. Tax Court’s decision that disallowed a charitable deduction under Treasury Regulation § 1.170A-14(g)(2) claimed by the taxpayers for the donation of…
OFCCP Publishes Checklist for Compliance with Section 503 Affirmative Action Program Requirements
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in late September 2013 published a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 C.F.R. Part 60-741. Section 503 prohibits federal contractors and subcontractors from…