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Publications & Presentations

We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.

Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.

Recent Publications


9/28/2016
California Supreme Court Sets New Deferential Standard for Supplemental CEQA Review
Authors: Marne S. Sussman, Emily M. Burkett, Norman F. Carlin

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, No. S214061 (Cal. September 19, 2016), the California Supreme Court rejected the “new project” test for determining whether a changed project remains similar enough to the original project for supplemental CEQA review to be appropriate. Instead, the court created a different threshold inquiry for lead agencies, which asks whether the previous environmental document “retains any relevance” in light of changes to the project and whether “major revisions” to the previous environmental document are required. Unlike the “new project” determination, reviewed by a court de novo, the “retains relevance” inquiry gives judicial deference to the lead agency’s determination.

September 2016
FCC Enforcement Monitor
Authors: Scott R. Flick, Jessica T. Nyman, Joseph A. Cohen

Headlines:

  • Florida AM Licensee Hit with $15,000 Fine for Failing to Maintain Public Inspection File and Provide Immediate Access to It
  • New York Amateur Radio Operator Fined $23,000 and Arrested for Unlicensed Operations and False Officer-in-Distress Call
  • Late-Filed License Renewal Nets Washington AM Station $1,500 Fine

9/28/2016
New York Sets Uncomfortable Cybersecurity Precedent
Authors: Brian E. Finch, Mercedes K. Tunstall

After much research and discussion, the New York State Department of Financial Services (DFS) has released the near final version of its Cybersecurity Requirements for Financial Services Companies. The DFS Cybersecurity Regulation is breathtaking in its scope and will soon become a major factor in how financial entities, including banks, financial services firms, and insurance carriers secure their operations.

9/26/2016
New FAA Statutes and Rules for Commercial Drone Operations will Benefit Utilities
Authors: Kenneth P. Quinn, Jennifer E. Trock, J. Anthony Terrell, Michael G. Lepre, Roland G. Backhaus, Naresh C. Lall, Chris Leuchten

New FAA rules broadly authorizing commercial drone operations are now in effect and the utility sector stands to benefit significantly. The new rules provide utilities the opportunity to utilize drones to reduce costs and increase worker safety. Additionally, new federal legislation enacted last month may provide a framework for utilities to take advantage of both special privileges and protections related to drone operations in the future.

9/19/2016
New FAQs Clarify Shareholder Approval Rules For Stock-For-Tax Withholding
Authors: Susan P. Serota, Brian M. Wong, Jessica Lutrin

It has been close to a decade since the New York Stock Exchange (NYSE) last updated its set of frequently asked questions (FAQs) regarding equity compensation plans. On August 18, 2016, the NYSE released updated FAQs and, although the update primarily clarifies certain FAQs and eliminates certain stale FAQs, it does significantly revise an FAQ relating to shareholder approval of share recycling provisions in equity compensation plans. In particular, the updated FAQ permits NYSE-listed companies to amend their equity compensation plans without shareholder approval to reflect the new accounting rules relating to stock-for-tax withholding.

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