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Articles by Johnson LLP
The Lesson of the Appeal of Order No. 841 - Be Careful What You Ask For | Lexology
On July 10, 2020, the D.C. Circuit issued its opinion on various Petitioners’ appeals of Order No. 841. As predicted, the Court denied Petitioners’ claim that FERC lacks the authority to prohibit States from barring electric storage resources (ESRs) located on utility distribution systems from participating in wholesale power markets.
Brexit Talks Remain Stalled - But Hope of An Agreement is Not Entirely Dead | Lexology
Executive Summary The end of the first round of ‘intensified’ negotiations following the High Level (virtual) Meeting between British Prime Minister Johnson and his EU counterparts, Ursula von der Leyen and Charles Michel, ended early yesterday with serious divergences remaining on four key issues: the level playing field; fisheries; police and judicial cooperation; and governance (dispute settlement).
DOJ Touts the Success of its Procurement Collusion Strike Force and Seeks a Global Effort on This Front | Lexology
Last year, the Department of Justice Antitrust Division announced that it was creating a Procurement Collusion Strike Force (Strike Force) to focus on bid-rigging in public procurement noting that this area was “particularly vulnerable to collusion.” The creation of the Strike Force followed the Antitrust Division’s recent focus on anticompetitive conduct in government contracting.
Brexit Talks at an Impasse: But Hope of an Agreement is Not Entirely Dead | Lexology
The first phase of negotiations on the future of the EU-UK relations came to an end Friday, June 5, when both sides completed their fourth and final round of negotiations. A High-Level Meeting to take place in the course of June should take stock of the outcome and propose a way forward. However, it is already clear that tangible results after four months of negotiations are very limited, leaving a huge amount to be done if a deal is still to be struck before the end of the year.
The Cyberlaw Podcast: Episode 318: Dark Mirror – Interviewing Bart Gellman on Apple Podcasts
1 hr 31 min In our 318th episode of the Cyberlaw Podcast, Stewart Baker interviews author and journalist Bart Gellman, who recently wrote Dark Mirror: Edward Snowden and the American Surveillance State.
Horizontal Mergers in the EU | Lexology
European Union
March 17 2020 In recent months we have seen a number of horizontal mergers being scrutinized under national and EU merger rules. Since the fall-out from the Siemens/Alstom merger refusal, we have also seen a number of ministers from member states, including Poland, France and Germany, call for increased tolerance and indeed support for the emergence of so-called 'national champions'.
Episode 304: Unfiltered: An Interview With NSA's Former General Counsel
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FDA Announces Potential Risk-Based Enforcement Policy For CBD Products, Reopens Public Docket
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UK Serious Fraud Office Case Update: The Elusive 'Directing Mind And Will'
To print this article, all you need is to be registered or login on Mondaq.com. On February 28, 2020, a jury acquitted three former Barclays executives – Roger Jenkins, Tom Kalaris and Richard Boath - of criminal fraud charges brought by the Serious Fraud Office (SFO). The charges were founded on allegations that the three had conspired to make secret payments to Qatar in exchange for the state's provision of financial assistance to Barclays during 2008.
Supreme Court Strengthens Arguments That Federal Law Protects Electronic Commerce From Discriminatory State Taxes
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Episode 303: Another merger The FTC Should Block - Privacy - United States
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Four Things We Learned From OFAC's Recent SDN Designations
To print this article, all you need is to be registered or login on Mondaq.com. Recent actions taken by the US Office of Foreign Assets Control (OFAC) in imposing, then lifting, sanctions on major multinational companies provide important new lessons for their counterparties. Take, for example, OFAC's January 31, 2020 lifting of sanctions on China-based COSCO Shipping Tanker (Dalian) Co., Ltd.
Sovereign Bonds Are Back In The News
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Episode 302: Will The First Amendment Kill Free Speech In America?
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Brexit Flash Report - A Tale Of Two Mandates - Government, Public Sector - UK
To print this article, all you need is to be registered or login on Mondaq.com. The UK reconfirms its demand for regulatory divergence from the EU. Introduction Following the adoption of the EU negotiating positions, the UK Government released yesterday its own "Approach to the Future Relationship with the EU" (UK Mandate).
Coal Ash Rule Update: EPA's Proposed Federal Permit Program
To print this article, all you need is to be registered or login on Mondaq.com. Subtitle D of the Resource Conservation and Recovery Act was designed to be self-implementing. Unlike Subtitle C, which subjects hazardous waste to extensive federal oversight and permitting requirements, Subtitle D applies to non-hazardous waste and envisions that the states will be primarily responsible for regulating landfills.
Commerce Expands US Export Controls On Russia And Yemen
To print this article, all you need is to be registered or login on Mondaq.com. Overview On February 24, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS), issued a rule that expands the scope of US proliferation-related export controls on Russia under the US Export Administration Regulations (EAR). The changes are significant for the nuclear and aerospace sectors, but also have relevance in other sectors.
Bolton's Lost Leverage - Government, Public Sector - United States
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China's CFSA Notice Solicits Comments On 10 New Food-Contact Products
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FDA Issues Final Guidance For Industry On Electronic Submissions For Drug Applications And Related Submissions – Type III Drug Master Files Exempt - Food, Drugs, Healthcare, Life Sciences - United States
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European Committee For Food Contact Materials And Articles Issues Draft Guidance Documents For Public Consultation
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Endocrine Disruptors: Consultation On New Biocides Data Requirements
To print this article, all you need is to be registered or login on Mondaq.com. The European Commission has published a draft delegated regulation and annexes (Draft Regulation) to amend the data requirements for endocrine disrupting (ED) properties of active substances and biocidal products. This would see changes to the current Annexes II and III of the Biocidal Product Regulation (BPR). Feedback can be submitted to the Commission until March 12, 2020 (midnight CET).
The EU Negotiating Mandate - Government, Public Sector - United States
To print this article, all you need is to be registered or login on Mondaq.com. The EU has taken a tough stance in the mandate for negotiation adopted today. The UK is expected to unveil its negotiating mandate on Thursday. Setting the Brexit Table The UK officially left the EU on Friday, January 31, 2020. Brexit took place on the basis of the final version of the Withdrawal Agreement negotiated in October 2019 and endorsed by the British Parliament and the European legislators.
Federal Circuit's Acetris Decision Addresses Rules For Determining TAA Compliance
To print this article, all you need is to be registered or login on Mondaq.com. In a February 10, 2020 decision, the Federal Circuit (CAFC) affirmed the Court of Federal Claims (COFC) decision sustaining a protest that challenged the US Department of Veterans Affairs' (VA) interpretation of what constitutes a "US-made end product" under the Federal Acquisition Regulation (FAR) provisions implementing the Trade Agreements Act (TAA). Acetris Health, LLC v. United States, No. 2018-2399, slip. op. (Fed.
CFIUS Publishes Final Rules Implementing FIRRMA: What Changed And What It Means For Industry
To print this article, all you need is to be registered or login on Mondaq.com. On February 13, 2020, the final rules implementing changes to the Committee on Foreign Investment in the United States’ (CFIUS) jurisdiction and review process, as required under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), take effect.
Episode 301: Ratchet to Disaster
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FERC Certificate Review And Eminent Domain Authority
To print this article, all you need is to be registered or login on Mondaq.com. Why won't Lucy ever let Charlie Brown kick the football? That question has baffled Peanuts lovers for decades.
Episode 300: Wiretapping The Pope
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Brexit - How We Can Help
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Did The Saudi Crown Prince Hack Jeff Bezos's Phone?
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2019 Year In Review
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English Court Finds Former Owners of Collapsed Russian Bank Acted Fraudulently, Must Pay Compensation of US $900M | Lexology
(23 January 2020, London) On 23 January 2020, the English High Court handed down a judgment that establishes that Ilya Yurov, Sergey Belyaev and Nikolay Fetisov, commonly known as YBF, had been in charge of a Russian bank involved in a massive fraudulent scheme. In finding that the trio was responsible for the collapse of National Bank Trust (NBT), the court also ordered YBF to pay compensation of US $900 million.
See You Even Later, Alligator - Judge Pauses California Ban on Exotic Skin Sales | Lexology
On December 23, 2019, Judge Kimberly J. Mueller of the Eastern District of California entered temporary restraining orders (TROs) in two related cases, enjoining Attorney General Xavier Becerra from enforcing California's ban on the sale of alligator and crocodile products. The ban, which was to take effect on January 1, 2020, is now stayed until at least May 24, 2020, allowing retailers to continue selling crocodile and alligator skin products until that time.
CFIUS Annual Report Further Demonstrates Scrutiny Of Foreign Investments Is On The Rise
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Hunting For String In The Labyrinth
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Podcast: CFIUS: Recent Regulatory Developments
In this Ropes & Gray podcast, Ama Adams and Brendan Hanifin discuss recent and forthcoming changes to the Committee on Foreign Investment in the United States ("CFIUS") review process. The Foreign Investment Risk Review Modernization Act ("FIRRMA"), passed in August 2018, significantly expanded the scope of CFIUS's jurisdiction to review foreign investments in U.S. businesses.
New Proposed Regulations Expand CFIUS Jurisdiction Regarding Real Estate
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CFIUS Expansion: Non-Controlling Foreign Investments And Real Estate
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Longer Runway For The Small Business Administration's Implementation Of The Runway Extension Act
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Tax litigation in USA | Lexology
Court actions (describe trial court actions in this section) Competent courts Which courts have jurisdiction to hear tax disputes? A taxpayer can initiate a tax dispute in the US Tax Court, the Court of Federal Claims or federal district court. In Tax Court, a simplified small tax case procedure is available for certain cases involving US$50,000 or less. Trials in small tax cases are less formal and result in a speedier disposition, but the decisions cannot be appealed.
Tax law enforcement in USA | Lexology
Enforcement Compliance with tax laws How does the tax authority verify compliance with the tax laws and ensure timely payment of taxes? What is the typical procedure for the tax authority to review a tax return and how long does the review last? Compliance is verified by examination of tax returns.
Tax controversy in USA | Lexology
Overview Legislation What is the relevant legislation relating to tax administration and controversies? Other than legislation, are there other binding rules for taxpayers and the tax authority? Tax administration and controversies are governed by the Internal Revenue Code (the IRC), Title 26 of the United States Code. The IRC is amended from time to time by tax acts passed by Congress and those acts contain effective dates and transition rules.
Episode 281: Can the European Union order Twitter to silence President Trump? | Lexology
Click here to listen to the audio. Today’s episode opens with a truly disturbing bit of neocolonial judicial lawmaking from the Court of Justice of the European Union. The CJEU ruled that an Austrian court can order Facebook to take down statements about an Austrian politician. Called an “oaf” and a “fascist,” the politician more or less proved the truth of the accusations by suing to keep that and similar statements off Facebook worldwide.
Second Circuit Revives Emoluments Case Against President Trump, Creating Circuit Split | Lexology
Friday morning, the Second Circuit vacated the district court’s dismissal of a suit challenging President Trump’s business dealings under the Foreign and Domestic Emoluments Clauses of the U.S. Constitution.
INSIGHT: FCPA Penalties on Track for Potential Record in 2019
U.S. hundred-dollar bills. Scott Eells/Bloomberg via Getty Images FCPA enforcement actions so far in 2019 mirror recent yearsâ numbers, but penalties may be on track to break a record, with more than $1.1 billion in corporate penalties and disgorgement to date. Steptoe attorneys note that, in contrast with recent years, the SEC hasnât yet brought any stand-alone corporate actions this year.
USMCA Unlocked: Working Under the New NAFTA | Lexology
USMCA Unlocked: Working Under the New NAFTA Ambassador Susan Esserman, Arun Venkataraman, Luke Tillman, and Lauren Shapiro Introduction The Trump Administration is preparing to submit legislation to Congress to implement the US-Mexico-Canada Agreement (USMCA), designed to replace the North American Free Trade Agreement (NAFTA).
Financial Services Compliance in China | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Regulatory framework Regulatory authorities What national authorities regulate the provision of financial products and services? China adopts a sector-based regulatory model for financial services, with separate regulators for banking, securities and insurance services.
Tax Controversy in the USA | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Overview Legislation What is the relevant legislation relating to tax administration and controversies? Other than legislation, are there other binding rules for taxpayers and the tax authority? Tax administration and controversies are governed by the Internal Revenue Code (the IRC), Title 26 of the United States Code.
FCPA/Anti-Corruption Developments: 2018 Year in Review | Lexology
US government enforcement of the Foreign Corrupt Practices Act (FCPA) in 2018 remained robust, and the trend of increasing multi-jurisdictional cooperation and enforcement continued throughout the year. In the United States, the 33 combined individual and corporate FCPA enforcement actions concluded by the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) in 2018 were largely consistent with the average number of enforcement actions brought over the last seven years.
Dismissed Cohabiting Employee Not Directly Discriminated Against | Lexology
United Kingdom
February 20 2019 In the case of Gan Menachem Hendon Limited v De Groen, the Employment Appeal Tribunal (EAT) established that an employee was not directly discriminated against because of her religion or belief when she was dismissed on discovery that she was cohabiting with her boyfriend. This practice conflicted with the ultra-orthodox beliefs of the nursery’s management.
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