Natural gas customers are cruising down the road buoyed by historically low natural gas commodity prices, but around the corner lurks the toll of higher costs of pipeline transportation. Despite a competitive supply market, all consumers will see their bills rise. The nation will rely increasingly Continue Reading
Coal Plant Shutdowns: Operators Need to Manage Community Relationships
Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for defamation. The ACLU comes in to defend the group members. It sounds like Continue Reading
NJ’s Trust Code: Litigation and Other Issues
This fifth in a series of articles explores New Jersey's version of the Uniform Trust Code that takes effect on July 17. P.L. 2015, c. 276, section 4. This segment explores Trust Code provisions relating to litigation or disputed administration of trusts. These provisions should be considered by Continue Reading
Developers Win Latest Round in Wetlands Battle
How wet must water be to be considered “navigable” and thus subject to regulation by the Army Corps of Engineers? And, for the purposes of land development, who gets to decide? For decades, as the result of a hodgepodge of rules, regulations, statutory law and conflicting court decisions, Continue Reading
Deals Considered Bankruptcy-Proof Combust — Uncertainty heightens for midstream gatherers and processors after the Sabine decision
As the oil and gas industry continues to struggle in the face of the ongoing decline of commodity prices, a recent decision of the United States Bankruptcy Court for the Southern District of New York may have offered a glimmer of hope to upstream producers, while creating more uncertainty for Continue Reading
NJ’s Trust Code: The Major New Substantive Features
This is the fourth in a series of articles that explores New Jersey's version of the Uniform Trust Code, which will take effect on July 17. p.L. 2015, c. 276, section 4. This segment addresses the major new developments in the Trust Code, including the directed trust provisions (akin to an Continue Reading
Will Arbitration Clauses in Consumer Contracts Become Extinct?
Arbitration has long been favored by parties fearful of litigation costs and the unpredictability of runaway juries. Congress enacted this pro-arbitration federal policy in the 1925 Federal Arbitration Act (FAA). See generally 9 U.S.C. § 2. Section 2 of the FAA mandates that arbitration Continue Reading
Food Products: How Plain Packaging Could Make Counterfeiting Easier
As society becomes ever more health conscious, demand has grown for more information - including ingredients and warnings - about the products that we consume. In response, government agencies worldwide are considering regulations to help raise awareness of the risks or health concerns involved with Continue Reading
Deciding Whether to Seek Leave to File an Interlocutory Appeal
The considerations discussed in this article can assist you and your client in deciding whether to seek leave to appeal from an interlocutory order. When you receive an adverse interlocutory trial court ruling, it can be difficult to objectively evaluate the likelihood of success on a motion for Continue Reading
How the Cloud Can Help Shape Law Firms’ Data Security Efforts
Data breaches, like lawyers in Washington D.C., are everywhere. Nobody is above attack — hotels, retailers, film studios, tryst-sites, even the ASPCA all have been targets. Therefore, it comes as no surprise that, according to the 2015 ABA Legal Technology Survey Report, 15% of law firms have Continue Reading