Troutman Pepper Hamilton Sanders LLP (LexBlog United States)
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Monitorships – A Resource for AGs and Regulated Businesses Alike
Recently, a matter involving the North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance with the conditions set forth in an asset purchase agreement involving six North Carolina hospitals it acquired when it purchased Misson...
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PACT Act Basics: Five Things Tobacco Sellers and Shippers Should Know
The Prevent All Cigarette Trafficking (PACT) Act, 15 U.S.C. § 375 et seq., is a federal law with two primary objectives: (1) to prevent federal and state tax evasion on tobacco products, and (2) to prevent sales of tobacco products to minors. Government agencies, increasingly concerned about cheap, untaxed products getting into the hands of...
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Powers Combined: FTC Report Recommends Enhanced Collaboration With State AGs
“Today’s consumer protection challenges require an all-hands-on-deck response, and our report details how the FTC is working closely with state enforcers to share information, stop fraud, and ensure fairness in the marketplace[.]”[1] On April 10, the FTC released a long-awaited report on its cooperation with state attorneys general (AGs). The theme of the report is...
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How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations
Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way for states and localities to effectively create a new and reliable supply of potable water. Since 2010, the California State Water...
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The Changing Landscape of State AG Antitrust Enforcement
In this episode of Regulatory Oversight, Ashley Taylor is joined by his colleague Drew Mann to discuss the recent increase in antitrust actions by state attorneys general (AGs) and the potential impact of the State Antitrust Enforcement Venue Act on these enforcement activities. Drawing from his experience at the Federal Trade Commission (FTC), Drew provides...
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The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?
On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out self-certification of service-disabled veteran-owned small businesses (SDVOSB) and requiring Small Business Administration (SBA) certification of SDVOSB program eligibility, not...
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Eight AGs Urge Court to Intensify Measures Against Repeat Telemarketing Violator
North Carolina Attorney General Josh Stein led a bipartisan coalition of eight state AGs, including Arkansas, Indiana, Michigan, Missouri, North Dakota, Ohio, and Texas, in requesting the District Court in the Southern District of Texas to amplify measures against John Caldwell Spiller, a repeat offender of federal and state telemarketing and telephone privacy laws. In...
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FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments
On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and operationally unrelated parcels of capacity in a single auction or open season, thus requiring interested bidders to bid on both segments of capacity. ...
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FERC Proposes to Largely Eliminate Compensation for Reactive Power
On March 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities. Similarly, FERC proposed to revise both the large generator interconnection agreement (“LGIA”) and small generator interconnection agreement (“SGIA”) to remove the...
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21 State AGs Call on Congress to Regulate Intoxicating Hemp Products
Attorneys general (AG) from 20 states and the District of Columbia have submitted a letter to Congress requesting that federal lawmakers close the “loophole” created by the 2018 Farm Bill that is widely understood to prohibit state regulation of intoxicating hemp products, including delta-8 tetrahydrocannabinol (THC) products. Dated March 20, the letter was co-led by...
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FWS Prepares for Tricolored Bat Listing With New Guidance
The U.S. Fish and Wildlife Service (FWS) continues to focus on protections for bat species that have been ravaged by white-nose syndrome. In 2023, the Northern Long-Eared Bat (NLEB) was uplisted to endangered status. The FWS proposed to list the Tricolored Bat (TCB) as endangered in 2022, with a target date of September 2024 to...
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Final ESA Rules Include Fundamental Shift in RPMs
On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The effective date of the regulations will not be known until the regulations are published in the Federal Register. In the meantime, the...
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Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct
Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under Section 5 of the FTC Act, as an unfair method of competition. Commissioner Bedoya advocated that worker misclassification — when...
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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections
Executive Summary On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator interconnection procedures. As detailed further in this summary, the Commission largely upheld Order No. 2023, including some of the more...
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Troutman Pepper Welcomes Former Senior Counsel and Director of Legal Policy for the Kentucky AG’s Office
Blake Christopher, former senior counsel and director of legal policy for the Kentucky Attorney General’s (AG) Office, has joined Troutman Pepper’s Regulatory Investigations, Strategy + Enforcement (RISE) practice and nationally recognized State AG team. Blake brings a wealth of experience and a deep understanding of government priorities and legislative strategies. During his tenure in the...
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The Evolution of Employee Sick Days in a Post-COVID-19 Workplace With Parks and Rec
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs navigate the evolving landscape of employee sick days in a post-COVID-19 workplace. Special guest Lisa Whittaker, director and managing counsel, employment and labor law at The J.M. Smucker Co., joins them for a humorous discussion of the use and abuse...
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California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements
California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine emission control and certification requirements. According to a March 15 statement by Bonta announcing the settlement, California alleged that Cummins made undisclosed changes...
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EPA Makes Major Changes to Risk Management Program Under Clean Air Act
On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three administrations — to update EPA’s Risk Management Program (RMP) under the Clean Air Act (CAA). The Final Rule makes major changes to the RMP program,...
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Long-Term Part-Time Employee Eligibility Rules Now in Effect
In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE 2.0. They discuss the significant changes brought by these rules, the proposed regulations issued to clarify how these rules are...
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State Antitrust Enforcement Venue Act: Recent Updates
Just over a year has passed since President Biden signed the State Antitrust Enforcement Venue Act (the State AG Venue Act or Act) into law, and state attorneys general (AG) have already taken advantage of the law’s provisions. The State AG Venue Act prohibits private companies from invoking 28 U.S.C. § 1407, otherwise known as...
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FERC Approves Extreme Cold Weather Reliability Standards EOP-011-4 and TOP-002-5
On February 15, 2024, FERC approved two new extreme cold weather Reliability Standards EOP-011-4 (Emergency Operations) and TOP-002-5 (Operations Planning). This approval is the culmination of a joint inquiry and November 2021 report (“Report”) among FERC, the North American Electric Reliability Corporation (“NERC”), and regional entity staff into a February 2021 cold weather reliability event...
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FERC Approves Changes to PJM Capacity Accreditation Rules; Rejects Proposed Changes Seeking to Better Reflect Risk in Capacity Market Offers.
On January 30, 2024, FERC approved, subject to condition, PJM’s proposal to reform its Reliability Pricing Model, including resource adequacy risk modeling, capacity accreditation, testing requirements for capacity resources, and the Capacity Performance stop loss (“Modeling Enhancements Filing”). In that same order, FERC approved PJM’s proposal to replace its previously effective average...
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New York AG Sues Top Beef Producer for Alleged False “Net-Zero” Claims and Deceptive Trade Practices
New York Attorney General (AG) Letitia James is suing JBS USA Food Company and JBS USA Food Company Holdings under New York’s consumer protection laws for allegedly attempting to boost consumer sales by making sustainability claims in its advertising that it had “no viable plan” for achieving. The companies are subsidiaries of the Brazilian meat...
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Sixth Circuit Finds that FERC Overstepped its Authority on Voluntary Remand of PJM Reserve Market Design Changes
On December 19, 2023, the U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”), in Electric Power Supply Association; PJM Power Providers Group v. FERC, held that the former Chair of the Federal Energy Regulatory Commission (“FERC”), Richard Glick, exceeded his authority when he reinstated market design features including a stepped demand curve and...
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Talk About Competition! New York City Considers 3 Different Noncompete Bans
Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council, Committee on Consumer and Worker Protection. You might remember that a similar bill was passed...
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FERC Grants Certificate to Transco’s Texas to Louisiana Energy Pathway Project
On January 18, 2024, FERC granted a certificate of public convenience and necessity to Transcontinental Gas Pipe Line Company, LLC (“Transco”) to construct and operate the Texas to Louisiana Energy Pathway Project (“Texas to Louisiana Project”), an approximately $91.8 million expansion project designed to provide 364,400 dekatherms per day of firm transportation service to EOG...
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Reassessing Oregon’s Drug Policy: A Shift Toward Recriminalization
In the grand experiment of American democracy, it is often said that states serve as laboratories, testing policies that challenge the status quo without risking the stability of the whole. Oregon, known in recent years for its pioneering drug decriminalization laws, is at a crossroads that marks the end of a significant experiment. State legislators...
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New Jersey AG Cracks Down on Bumble for Allegedly Misrepresenting Criminal Background Checks Policy
New Jersey Attorney General (AG) Matthew J. Platkin and the Division of Consumer Affairs (Division) took action against the popular dating app company, Bumble, Inc., for alleged violations of the state’s consumer protection and internet dating safety laws. In a settlement announced on February 21, Bumble agreed to pay $315,000 and make significant changes to...
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2024 State AG Elections: A Landscape of Change and Competition
As we look ahead to 2024, significant changes are underway in state attorney general (AG) elections, with 10 AGs facing reelection due to incumbents pursuing other offices or opting out. Open seats in North Carolina, Oregon, Pennsylvania, Utah, Washington, and West Virginia, indicate that at least six new AGs will come into power. Additionally, Indiana,...
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New York AG Sues Yellowstone Capital Over Alleged “Fraudulent Loans” Targeting Small Businesses
New York Attorney General (AG) Letitia James filed a lawsuit on March 5 against Yellowstone Capital, its founder David Glass, and a network of 30 other affiliated companies and individuals. James alleges that Yellowstone Capital, acting through a myriad of different company names, engaged in an orchestrated predatory lending scheme. James’ lawsuit is among a...