Adam Welz/CREDO Action

For six years while shale gas extraction in New York was in a state of indefinite hold pending environmental and health reviews, landowners and oil and gas firms talked about “takings,” reports the Pittsburgh Post-Gazette.

The concept of takings, like eminent domain, requires the government to compensate private property owners for assets taken away because of government action.

When New York Gov. Andrew Cuomo announced he planned to permanently ban high volume hydraulic fracturing — the practice used to pull gas out of the Marcellus Shale, for example — legal minds and oil and gas hopefuls said the time is right for a takings lawsuit.

Read the story.

A former president of Baltimore-based First Mariner’s mortgage division has sued his ex-employer, seeking compensation totaling more than $1 million.

Edward Perry’s suit alleges he was fired without cause Aug. 19 and immediately escorted out of First Mariner, reports The Baltimore Business Journal. The plaintiff also claims the bank didn’t pay him 30 days’ worth of his $325,000 salary promised in a series of employment agreements he signed. The suit also claims he has been denied a full success bonus of up to $750,000.

The Business Journal reports:

In addition, Perry’s suit says he has effectively been banned from working in his field since his dismissal. His employment agreements with First Mariner included two-year, 100-mile non-compete clauses. The bank has refused to certify him able to take a new job with two other companies that offered him positions, it says.

Read the story.

The Nicholas Institute for Environmental Policy Solution’s Climate and Energy Program offers an in-depth on-demand explanation of the U.S. Environmental Protection Agency’s Clean Power Plan, which the EPA proposed in June, to control carbon dioxide emissions from existing power plants under section 111(d) of the Clean Air Act.

The presentation clearly describes the four “building blocks” used by the EPA to determine each state’s unique emissions goal and provides an example calculation of state emissions goals.

Nicholas Institute experts also discuss the significance of state emission goals given ongoing changes in the electricity sector, outline state compliance plan requirements, and summarize pivotal areas of flexibility available to states.

Watch the on-demand webinar.

Environmental Entrepreneurs (E2) has posted an on-demand webinar on the U.S. Department of Defense’s emergence as a leader in the nation’s transition to a more sustainable clean energy future.

On its website, E2 says the Defense Department is setting aggressive objectives to reduce its fossil fuel dependence and to accelerate deployment of low carbon renewable energy generation and energy efficiency technologies throughout its operations. In the process, the military is creating a strong market signal for growth and innovation in the clean technology sector.

Speakers are Assistant Secretary of the Navy Dennis McGinn on the Navy’s leadership in the military’s transition to clean energy; White House Federal Environmental Executive Kate Brandt on how DOD’s clean energy work supports the President’s broader climate goals; Constellation Energy Executive Director for Public Sector Business Development John Dukes on opportunities these military initiatives provide to the private sector; and E2 Press Secretary Jeff Benzak who discusses E2’s newly launched military energy website highlighting strategic renewable energy and energy efficiency projects on military installations around the country.

Watch the on-demand webinar.

The International Institute for Sustainable Development has posted a free white paper on the Global Subsidies Initiative, presenting a complete examination of how fossil-fuel subsidies can impact the deployment of renewable energy.

The paper discusses the effect of fossil-fuel subsidies on the cost competiveness of renewables, the incumbent advantage of fossil-fuel-powered generators and the distortion of investment decisions.

On its website, the IISD says that fossil-fuel subsidies are prevalent in many countries. The International Energy Agency (IEA) has estimated that consumer subsidies to fossil fuels amounted to US$548 billion in 2013. In the same year, subsidies to renewable energy were estimated at US$121 billion. However, a comparison of numbers does not reveal the extent to which renewable energy is being disadvantaged in favour of continued reliance on fossil-fuel generation.

Download the white paper.

Repros Therapeutics Inc. announced Dec. 29 that a federal judge in Texas has issued a definitive ruling finding correct inventorship for two of the company’s Androxal patents, confirming that Repros Therapeutics is the sole and rightful owner of the patents, U.S. Patent No. 7,759,360 (the “‘360 patent”) and U.S. Patent No. 7,737,185 (the “‘185 patent”).

Calling Dr. Harry Fisch’s claims of co-inventorship “strained to the point of absurdity,” Judge Vanessa Gilmore of the U.S. District Court for the Southern District of Texas found that Dr. Fisch “contributed nothing to the actual invention” of the ‘360 patent. She also found “an absence of material facts to support a finding of co-inventorship” of the ‘185 patent.

A release from Repros stated:

Dr. Fisch, a New York urologist and fertility specialist, has made numerous statements, including to the news media, that he was a co-inventor and had contributed to the conception of the patents.

Repros filed suit against Dr. Fisch in August 2013 seeking a declaratory judgment of ownership and inventorship of the ‘360 and ‘185 patents regarding the treatment of hypogonadism in men. In the lawsuit, the Company asserted that Repros’ President and CEO, Joseph S. Podolski, was correctly named as the sole inventor of the ‘360 patent, and that he and Repros Vice President of Research and Development, Ronald Wiehle, were correctly named as co-inventors of the ‘185 patent.

In October 2013, Dr. Fisch filed counterclaims against Repros as well as against Mr. Podolski and Dr. Wiehle, seeking correction of inventorship of these patents.

On the basis of equitable estoppel and an absence of material facts to support a finding of co-inventorship in the case of each of the patents, the court granted both of Repros’ motions for summary judgment and denied Dr. Fisch’s motion for summary judgment.

The decision confirms Repros’ rights to the Androxal patents.

If you sell or outsource your products to China, you should anticipate infringement of your trademarks, copyrights, patents, or trade secrets and you should have an anti-counterfeiting plan in place before that happens, writes Dan Harris at Forbes.com.

He explains that trademarks, patents and industrial designs must be registered in China to be protected in China. Copyrights do not need to be registered in China to be protected in China, but registration makes it easier to prove copyright ownership in any dispute.

Harris also discusses the proper way to disclose a trade secret or other proprietary confidential information to a prospective China business partner.

Read the story.

Massachusetts-based cybersecurity firm Veracode will increase its headcount from by about 100 employees during 2015 to deal with a surge in demand for companies fighting online threats. The new hires will include a new general counsel.

The company also is preparing for an initial public offering.

The Boston Business Journal reports the hiring of general counsel Dean Breda, who was formerly general counsel for Cambridge-based Zipcar, which went public in 2011 before being acquired by Avis in 2013. Veracode would be Breda’s fourth IPO, CEO Bob Brennan said. Prior to Zipcar, Breda was general counsel at Burlington-based Demandware.

Read the story.

The Washington Post has compiled a list of the oddest, worst and most memorable apologies issued by CEOs during 2014, starting with AOL’s Tim Armstrong blamed changes to AOL’s 401(k) plan on the cost, in part, of “distressed babies.”

The Post‘s lineup includes “the mea culpas for onetime gaffes, off-hand remarks and personal blunders that seem to most grab our attention. Below, we look back at some of the year’s memorable moments when the powerful turned into the penitent.”

Snapchat CEO Evan Spiegel apologized for emails he wrote during his college days, saying he was “obviously mortified and embarrassed that my idiotic emails during my fraternity days were made public. I have no excuse. I’m sorry I wrote them at the time and I was jerk to have written them. ”

Read the story.

The French industrial giant Alstom has agreed to plead guilty and pay the largest fine ever levied by the United States for foreign bribery.

The plea will bring a $772 million penalty in a bribery investigation led by the U.S. Justice Department.

Alstom, an energy and transportation company, had been under investigation in a plot involving tens of millions of dollars in bribes paid to government officials in Indonesia and other countries to win power contracts, reports The New York Times.

“Alstom’s corruption scheme was sustained over more than a decade and across several continents,” said James Cole, deputy attorney general. “It was astounding in its breadth, its brazenness and its worldwide consequences.”

Read the story.

A Texas jury has awarded hedge-fund firm Highland Capital Management $40 million in its lawsuit against Credit Suisse over inflated appraisals of a dozen luxury properties, the Wall Street Journal reports.

The properties include golf communities and ski resorts financed during the mid-2000s.

Highland sued Credit Suisse in July 2013 in state district court in Dallas, alleging the bank improperly inflated the value of the communities to entice investors.

Highland’s Claymore Holdings LLC also is seeking another $300 million in connection with the jury’s finding that Credit Suisse committed fraud. That case is slated for trial next year, the Journal reports.

Read the story.

Fitch, Even, Tabin & Flannery LLP presents a complimentary webinar, “Utility Model Patents: Use and Enforcement in Global Patent Practice.” The one-hour webinar will take place on Thursday, Jan. 29, 2015, at 11 am CST.

In a number of countries outside the U.S., alternative types of patent protection are available to inventors. While many attorneys and inventors are aware of the standard patent, the utility model patent (also known by alternative names in various countries) is less recognized and less frequently used, the firm says on its website. However, the use of these patents is rapidly expanding in some countries and can be an effective tool in an intellectual property portfolio. Understanding how these patents are obtained and enforced can be essential to companies and inventors with a global presence.

The webinar will cover these topics and more:
• General concepts common to utility model patent applications
• Current trends in filings of utility model patent applications worldwide and country by country
• Basic guidelines and distinguishing features of utility model patent applications in China and other countries
• Prosecution and enforcement of these applications in select countries
• Useful practice tips

The speaker will be Fitch Even attorney Jonathan C. Hughley. Hughley currently focuses his IP law practice on patent preparation and prosecution, assisting clients that are global leaders in a variety of industries. In addition, he has participated on litigation teams working to protect, enforce, and defend clients’ intellectual property rights. Jonathan also counsels clients in IP-related aspects of advertising, marketing, and promotions.

CLE: IL, CA, NE; other states may also grant CLE upon attendee request.

There is no fee to attend, but please note registration is required.

Register for the webinar.

A North Carolina employment case before a federal appeals court illustrates the significant amount of time and money an employer had to invest to stave off post-trial issues driven by the former employee’s request for attorneys’ fees, reports HR.BLR.com.

The case was in the U.S. 4th Circuit Court of Appeals, which covers Maryland, North Carolina, South Carolina, Virginia and West Virginia.

The suit was based on a North Carlina case in which a woman sued her employer, claiming she was denied a promotion because of her gender. The case bounced back and forth from lower to higher courts. The lesson, HR.BLR.com explains in its report, lies in the expense and difficulty of defending the case, even with an eventual  favorable decision.

Read the story.

Alstom SA pleaded guilty and agreed to pay a record $772 million to end a U.S. Justice Department investigation into bribes paid to win power-plant contracts in Indonesia and other countries, Bloomberg News reports.

The fine is the largest criminal penalty paid to the Justice Department under the Foreign Corrupt Practices Act.

Bloomberg News reports that Alstom Chief Executive Officer Patrick Kron said on Dec. 19 that the Levallois-Perret-based company will pay the fines connected to its energy businesses as its shareholders voted in favor of their sale to General Electric Co. GE agreed in June to buy most of the assets for $15.2 billion, GE’s biggest acquisition ever, and the purchase should close next year.

Read the story.

Eastman Kodak Co. , the Rochester-based printing technology company, has promoted Deputy General Counsel Sharon E. Underberg to General Counsel. She replaces Patrick M. Sheller, who has been with the company since 1993, reports the Rochester Democrat & Chronicle.

The move is one of an array of changes in Kodak’s top management in recent months. Since CEO Jeffrey J. Clarke took over in March, Kodak has made such headquarters changes as new chief financial officer, chief human resources officer, and chief marketing officer.

Read the story.

Beauty goods company Avon has been fined $135 million by the SEC for bribing Chinese officials with luxury goods — everything from Gucci bags to Tiffany pens, reports CNN Money.

“The SEC alleged that Avon’s subsidiary in China doled out $8 million in bribes — cash, gifts, entertainment, and travel — to Chinese officials in charge of new regulations to sell directly to consumers,” the report says. “The watchdog also said the company falsely recorded the bribes as employee business expenses or vendor payments.

“The luxury bribes, which included Louis Vuitton goods and box tickets to the China Open, helped Avon win one of the first direct-selling business licenses in China in March 2006, according to a SEC statement.”

Read the story.

American Realty Capital Properties Inc., the U.S. real estate investment trust reeling from reports of an accounting cover-up, was sued by a former executive who said she was fired for blowing the whistle on financial improprieties, reports Bloomberg News.

Lisa P. McAlister, ARCP’s former chief accounting officer, alleged that her October termination was in retaliation for her statements that changes in accounting practices were an attempt to hide the company’s faltering financial performance, according to a complaint filed today in New York state court in Manhattan. She didn’t cite any evidence beyond the allegation, Bloomberg says.

AR Capital said in a statement that McAlister’s lawsuit was without merit.

Read the story.

A lawsuit alleges Gilead Sciences is price gouging by pricing its Sovaldi hepatitis C treatment at $1,000 a pill, the Wall Street Journal reports in one of its blogs.

The Southeastern Pennsylvania Transportation Authority, which serves the greater Philadelphia area, last week filed an unusual lawsuit claiming that Gilead is price gouging. The drug maker charges $84,000 for a 12-week regimen, or $1,000 a pill.

“In arguing its case, the transit agency claims that, by using ‘exorbitant pricing,’ Gilead has made it difficult for some consumers and government programs to afford its medication and, subsequently, violated antitrust laws,” the blog reports.

A Gilead spokeswoman is quoted as saying the lawsuit is “completely devoid of merit.”

Read the story.

Enterprise Products Partners L.P. announced Dec. 17 the election of Craig W. Murray as group senior vice president and general counsel, Harry Paul “Hap” Weitzel as senior vice president and deputy general counsel and Vijay A. D’Cruz as vice president, litigation. Each of the appointments is effective Jan. 5, 2015.

The company is based in Houston.

Most recently, Murray was a senior partner at Vinson & Elkins LLP in Houston where he focused primarily on corporate and energy-related finance, including pipeline financing. His energy finance experience has involved oil and gas properties in all major producing states, as well as the Gulf of Mexico. Murray earned a Bachelor of Arts degree from Rhodes College in Memphis, Tennessee and a JD from the Louisiana State University Law Center.

Murray will succeed Stephanie Hildebrandt as general counsel, who will join the Houston office of the global business law firm Norton Rose Fulbright as a partner in February.

Read the story.

Winstead presents a complimentary on-demand webinar discussing the pros and cons of pre-judgment and post-judgment remedies.

A judgment without any recovery is at best an empty victory, Winstead says on its website.

Understanding pre-judgment and post-judgment remedies can be critical to the success of turning the judgment into cash.  This webinar discusses the pros and cons of pre-judgment and post-judgment remedies, the strategic use of pre-judgment remedies to shorten the litigation process, and available remedies against LLC members and partners.

Post-judgment bankruptcy strategies are also discussed.

Watch the on-demand webinar.