Last week, the D.C. Circuit heard oral argument in the lawsuit filed against Urban Outfitters and Anthropologie over their collection of customer ZIP codes at the point of sale. The plaintiffs alleged that the practice of requesting ZIP codes at the point of sale during credit card transactions violated two D.C. statutes, the Consumer Protection
February 2015
The Candidates for African Development Bank President
In a few months’ time, the African Development Bank (“AfDB”) Board of Governors will vote to decide the successor to President Donald Kaberuka whose presidency comes to an end on August 31, 2015. Having first gained international prominence for undertaking sweeping economic reforms as finance minister in a post-genocide Rwanda, Kaberuka has had a highly…
This Week in Congress – February 23, 2015
After a week-long recess, Members of Congress return to Washington, D.C. for a five-week work period and a jam-packed agenda.
The Senate will convene on Monday and resume consideration of the motion to proceed to H.R. 240, the House-passed Department of Homeland Security Appropriations bill. Current funding for the agency expires on February 27, this…
FERC Hears Concerns Regarding EPA Carbon Rules, But Next Steps Remain Less Than Clear
At the first in a series of technical conferences, industry and government stakeholders yesterday strongly urged FERC to be proactive in helping to shape the EPA’s Clean Power Plan (“CPP”). What remains unclear, however, is precisely how the Commissioners can and will seek to influence a rulemaking over which the Commission lacks jurisdiction.
FERC is convening…
CMS Estimates that Medicare EHR Incentive Program Will Penalize Hundreds of Thousands of Eligible Professionals
At the ONC’s HIT Committee meeting on February 10, 2015, CMS presented data about the Electronic Health Records (EHR) Incentive Program. The presentation included CMS’s estimate that over two hundred and fifty thousand professionals participating in Medicare will receive a downward payment adjustment for failing to meet meaningful use standards in 2015, which…
Large EU Member States Take National Divergent Measures on Shale Gas Extraction
Member States continue to adopt national and divergent rules on hydraulic fracturing across Europe. Last week, the United Kingdom facilitated hydraulic fracturing operations by adopting its Infrastructure 2015 Act. In contrast, Germany is considering the adoption of a legislative proposal that is intended to be more restrictive than the European Commission’s Recommendation on Hydraulic Fracturing…
The FEC Draws A Clear Line
In a decision certain to receive close scrutiny by those representing potential presidential candidates, the FEC has dismissed the allegations made by Stop Hillary PAC against the Super PAC Ready for Hillary, Friends of Hillary and Senator Clinton herself. FEC MUR 6775. The FEC concluded in one part of that decision, that even if…
‘Trigger Happy’: Considering the Requirements of Your Price Review Clause
Given the fall in oil prices, many participants in the oil sector have been forced to re-evaluate their investments.[1] A drop in oil prices not only impacts the oil industry; it can also have a significant effect on gas and LNG prices around the world. Many long-term gas and LNG sales agreements continue…
Germany Headed to Stricter Criminal Laws Against “Corruption In The Healthcare Sector”
On 4 February 2015, the German Ministry of Justice published a new draft law specifically aimed to combat corruption in the healthcare sector. Key element of the draft legislation will be a newly defined criminal offence that will be inserted as a new Section 299a of the German Criminal Code (StGB). This new criminal offence…
The Future of the EU Energy Union and Energy Charter Treaty
On 6 February 2015, the Energy Union Conference in Riga, Latvia (the “Conference”), signalled the start of the Riga Process towards forming the key dimensions and actions of the new EU Energy Union (the “Energy Union”). During the Conference, the Secretariat General of the Energy Charter Treaty[1] spoke of its relevance to the Energy…