Recently, Pillsbury attorneys Fred Lowell , Emily Erlingsson, Anita Mayo and Kathy Donovan published their client alert titled D.C. Circuit Upholds 44-Year-Old Ban, The answer is still “no” for individual federal contractors wishing to contribute to federal candidates and parties. The Alert discusses the U.S. Court of Appeals for the…
Gravel2Gavel Construction & Real Estate Law Blog
8th Cir. Rejects Appeal of EPA’s Denial of Small Refinery’s Petition for Extension of Exception Under RFS
On July 8, 2015, the Eighth Circuit Court of Appeals rejected petitioner Lion Oil Company’s appeal of EPA’s denial of this small El Dorado, Arkansas’ refinery’s petition that its exception from the Renewable Fuel Standard program be extended for another year (through 2013), citing disruption to a key supply pipeline…
Second Circuit Develops “Primary Beneficiary” Test to Evaluate Unpaid Internships
Pillsbury attorneys Julia Judish and Osama Hamady recently published their client alert titled Second Circuit Develops “Primary Beneficiary” Test to Evaluate Unpaid Internships. The Alert discusses the Court of Appeals for the Second Circuit’s adoption of a “primary beneficiary” test for evaluating whether unpaid interns are employees for purposes of…
SEC Proposes Broad Executive Compensation Clawback Rules in Connection with Accounting Restatements
Today, Pillsbury attorneys Jon Russo, Peter Hunt and Matthew Kane, and summer associate Royce Liu published their client alert titled SEC Proposes Broad Executive Compensation Clawback Rules in Connection with Accounting Restatements. The Alert discusses the SEC’s proposed recovery provisions that would apply on a no-fault basis to executive officers…
3rd Cir.: EPA’S TMDL For Chesapeake Bay Is Consistent With CWA
The Third Circuit Court of Appeals has unanimously affirmed the lower court’s ruling that the Chesapeake Bay “total maximum daily load” (TMDL), developed over many years to address pollution in Chesapeake Bay, was consistent with the Clean Water Act (CWA) and the U.S. Constitution’s division of powers between the states…
The U.S. Department of Labor Moves to More Than Double Minimum Salary Levels
Today, Pillsbury attorneys Julia Judish, John Scalia and Paula Weber published their client alert titled The U.S. Department of Labor Moves to More Than Double Minimum Salary Levels. The Alert discusses the U.S. Department of Labor’s (DOL) long-awaited Notice of Proposed Rulemaking to amend the Fair Labor Standards Act regulations…
5th Cir. Awards Attorney’s Fees Against DOL for FLSA Prosecution Brought in Bad Faith
On July 2, 2015, in the case of Gate Guard Services, L.P., v. Perez, Secretary of Labor, the U.S. Court of Appeals for the Fifth Circuit held that the Department of Labor’s (DOL) prosecution of a Fair Labor Standards Act (FLSA) case was so egregious, in both the investigation, processing…
OSHA’s Confined Spaces in Construction Final Rule Effective August 3
Confined spaces refers to such spaces as manholes, crawl spaces, and tanks, and other spaces that are not designed for continuous occupancy and are often difficult to exit in the event of an emergency. These spaces can present life-threatening hazards including exposure to toxic substances, electrocution, explosions and asphyxiation. These…
Supreme Court Sidetracks EPA’s Electric Power Plant Hazardous Air Pollution Air Quality Rules
In the case of Michigan, et al., v. EPA, decided June 29, 2015, the U.S. Supreme Court, in a 5 to 4 ruling, held that EPA, when deciding whether it was appropriate and necessary to regulate Hazardous Air Pollutants (HAP), such as mercury and other toxic pollutants emitted from electric…
5th Cir. Requires New Trial in a Deepwater Horizon Criminal Prosecution
On June 30, 2015, the U.S. Court of Appeals for the Fifth Circuit affirmed the trial court’s decision to grant Kurt Mix, a former BP engineer, a new trial after it was discovered that the jurors had been exposed to extrinsic evidence bearing on the general prosecution of BP employees…