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The US Supreme Court is set to resolve a critically important question of regulatory takings law this term in the case, Murr v. State of Wisconsin, Dkt. No. 15-214. At issue is the “relevant parcel” inquiry, which is the threshold determination to the multi-factor regulatory takings test established by Penn Central Transp. Co. v. New York City (1978). That test directs courts to determine the impact of a regulation on the “parcel as a whole” by considering the character of the state action, the economic impact of the regulation and the regulation’s interference with the owner’s investment-backed expectations. Murr asks what the term “parcel as a whole” means in practice—does it limit the takings inquiry to the regulated parcel or does it allow the government to combine the owner’s interests in other parcels of land? The answer to that question is currently subject to a nationwide split of authority among the lower courts, … [Read more...] about Murr v. State of Wisconsin: Esoteric Regulatory Takings Question Could Affect All Homeowners

ENERGY AND CLIMATE DEBATEJust days before entering the five-week August recess, Capitol Hill was abuzz last week with nomination considerations and legislation, including the now-resolved student loan issue.  On the energy front, the Senate approved two hydropower bills by unanimous consent, and they are now awaiting President Obama’s signature: H.R. 267, the Hydropower Regulatory Efficiency Act, and H.R. 678, the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act. The House approved H.R. 1582, the Energy Consumers Relief Act.  An amendment from Representative Tim Murphy (R-PA) to ensure that no rules based on the social cost of carbon was adopted.  The House also approved H.R. 367, the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2013, but neither of these House-passed bills is expected to move through the Senate.  The appropriations debate will extend into September and likely beyond the … [Read more...] about Energy and Environmental Law Update – Week of August 5, 2013

Energy and Climate Debate President Obama on February 13 sent Congress a $3.8 trillion budget request for fiscal year 2013 that, after a week of hearings and analysis, is likely to continue fueling debates over spending and taxes through the end of the year. One of the most interesting highlights of the budget includes the president’s varied ways of encouraging clean energy and infrastructure spending this year as the country works to boost the economy and create jobs.In line with his State of the Union call for an all of the above energy strategy, the president’s budget request calls for an elimination of $4 billion in fossil fuel subsidies and a shift in funding from decreasing military actions in Iraq and Afghanistan to infrastructure projects. Though numerous entire department budgets remain relatively static, clean energy, climate, and environment issues are important components and priorities of the request, which encourages developing new clean energy, advancing … [Read more...] about Energy and Environment Update, February 19, 2012

The trends driving directors and officers insurance, including M&A litigation, Dodd-Frank whistleblowers, subprime settlements and the Supreme Court’s interest in securities cases.2011 has been an exciting year for directors and officers (D&O) insurance. Since the past is often a prologue to the future, as risk professionals look ahead to 2012, it can be useful to take a look back at a few of the major claim issues and hot topics in the D&O marketplace during the past year. These are the top five. As in 2010, plaintiffs' lawyers continued to file lawsuits arising out of mergers and acquisitions (M&A) in record numbers. Market research firm Advisen reported that, through August of this year, 352 lawsuits challenging such transactions had been filed in state and federal courts, in comparison to a total of 353 filings in all of 2010. Moreover, the 353 lawsuits filed last year were a record, representing a 58% increase from similar lawsuits filed in 2009. … [Read more...] about D&O Liability Claims Issues in 2011

On the surface, the Foreign Corrupt Practices Act (FCPA) is simple legislation aimed at cracking down on bribery. Yet it has enormous consequences, even for small violations.The FCPA makes it a crime for U.S. individuals and companies to knowingly offer payment or promises of payment to foreign governments in order to secure business. In the first years after it was enacted in 1977, fines were small and enforcement was minimal. But many countries have recently followed suit with similar regulations and fines have increased dramatically. Global governments are now much more likely to investigate and prosecute violators than they were in the past.The punishment for an FCPA violation can be severe. Organizations risk criminal penalties, including corporate fines of up to $2 million per each FCPA violation. Company officers, directors, stockholders, and employees can face personal fines and imprisonment for up to five years, and the U.S. Securities and Exchange Commission can impose civil … [Read more...] about Avoiding Foreign Corrupt Practices Act (FCPA) Violations with Data Analysis