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Morgantown City Ban On Marcellus Shale Gas Drilling Overturned August 16, 2011
On August 12, 2011, Monongalia County Circuit Court Judge Susan Tucker invalidated Morgantown, West Virginia's ban on Marcellus shale gas drilling in the city and its...
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S&P Downgrade of U.S. Credit Rating May Impose Filing Requirements on Issuers of Municipal Securities and Conduit Borrowers August 12, 2011
As a result of Standard & Poor's downgrade of the United States' government's long-term credit rating from "AAA" to "AA+", issuers of...
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Circuit Courts Reject Auction Rate Securities Claims August 9, 2011
Last month, the Sixth and Second Circuits affirmed dismissals in two auction rate securities cases filed by a Kentucky-based chemical company. These are the first two...
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Texas Employees Get Ammunition: New Law Permits Guns in Employee Parking Areas August 3, 2011
Many Texas employers will soon be restricted from banning guns in employees' vehicles in company parking lots. On June 17, 2011, Governor Rick Perry signed into...
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EPA Proposes Additional Air Regulations Applicable to Oil and Gas Industry, Including Hydraulic Fracturing Operations August 2, 2011
On July 28, 2011, EPA released sweeping new proposed regulations targeting the oil and gas industry, pursuant to its authority under the Clean Air Act ("CAA"...
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The International Law Firm of Fulbright & Jaworski - Western Lands & Energy August 1, 2011
Denver Office Welcomes New Partner Bill Leone Cape Wind Project in Court Again Duty to Permanently Abandon an OCS Well Survives Interior'...
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Federal Circuit Holds That Isolated DNA Molecules Are Patentable, But Questions Remain for Medical Diagnostic Method Claims August 1, 2011
In Association for Molecular Pathology v. U.S. Patent & Trademark Office , No. 2010-1406 (Fed. Cir. July 29, 2011), the Federal Circuit overturned a district court...
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West Virginia Executive Order Regulates Drilling in the Marcellus Shale July 29, 2011
On July 12, 2011, West Virginia Governor, Ray Tomblin, issued Executive Order 4-11, regulating oil and gas exploration in the Marcellus Shale formation. The Executive...
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Six Things You Should Know About Newly Classified Carcinogens July 28, 2011
On June 10, 2011, the U.S. Department of Health and Human Services ("DHHS") released its 12th Report on Carcinogens, a congressionally mandated document...
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Arbitrators Are Not Employees for the Purposes of UK Anti-Discrimination Legislation July 27, 2011
In a decision handed down earlier today, the UK Supreme Court unanimously allowed the appeal in Jivraj v Hashwani [2011] UKSC 40, and held that arbitrators are not...
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Proxy Access? Maybe Later July 27, 2011
The United States Court of Appeals for the District of Columbia Circuit (the "Court") recently rejected the Securities and Exchange Commission's new Rule...
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CFTC Adopts Final and Proposed Rules Implementing Dodd-Frank – Addresses Challenges and Timing of Dodd-Frank Implementation July 25, 2011
On July 19, 2011, the Commodity Futures Trading Commission ("CFTC") unanimously approved three final rules and approved two proposed rules...
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IRS’s Latest Directive On Economic Substance Doctrine Provides Welcome News July 22, 2011
Since the judicially created economic substance doctrine was clarified as part of the Health Care and Education Reconciliation Act of 2010 ("Statutory Clarification&q...
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CFTC Issues Final Order Granting Temporary Relief from Dodd-Frank Swaps Regulation July 19, 2011
On July 14, 2011, the Commodity Futures Trading Commission ("CFTC") issued a final order providing temporary exemptive relief from certain provisions of Title...
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Bankruptcy Court Jurisdiction and Recoupment: Not Just a 'Claim' by Any Other Name July 2011
When a party in state court suddenly files for bankruptcy, the litigation is often just as swiftly removed to U.S. Bankruptcy Court. Behind many a closed door, green and...
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