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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

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April 2015
Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules
Source: EM Magazine
Author: Anthony B. Cavender

A long-term project by the U.S. Environmental Protection Agency (EPA) to reform, reduce, and relax the regulatory obstacles to the reclamation and recovery of valuable byproducts generated by industrial operations appears to have come to an end. In January 2015, EPA promulgated a final rule that again revised the agency’s regulatory definition of “solid waste,” which is the linchpin of EPA’s authority under the Resource Conservation and Recovery Act (RCRA) to regulate the management of hazardous waste (see January 13, 2015, Federal Register).

Antitrust “State Action” Exemption: North Carolina State Board of Dental Examiners v. Federal Trade Commission
Authors: Jerald A. Jacobs, Alvin Dunn, Dawn Crowell Murphy

On February 25, 2015, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, holding that a regulatory board made up of market participants is exempt from federal antitrust laws under the “state action” doctrine only if it is actively supervised by the State, and the North Carolina State Board of Dental Examiners was not. Though no nonprofit organization was involved in the case, the decision could have implications for associations or other nonprofits that are delegated or act pursuant to any governmental authority.

Franchise Tax Board California Competes Tax Credit Review Procedures
Authors: Michael J. Cataldo, Paul T. Casas

The Franchise Tax Board will begin reviewing California Competes Tax Credit agreements of most credit recipients in July of this year, and may recommend recapture of the credit if recipients fail to meet the conditions set forth in those agreements.

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