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May 27, 2015

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have recently called into question this precedent, yesterday, the Fish and Wildlife Service (FWS) started a process that could help clarify liability under the Act. However,...

April 24, 2015

Some things really should go without saying. There are things that are so straightforward, so patently obvious, and so in line with common sense that they don’t even bear mentioning. Except that they often do get mentioned. Like with crazy product disclaimers, including those helpful warnings on coffee cups cautioning that...

March 18, 2015

The IRS recently issued anticipated guidance regarding the placed in service requirement for the production tax credit (“PTC”). An eligible facility must have commenced construction prior to 2015 and be placed in service before January 1, 2017 to qualify for the PTC.

March 17, 2015

The Supreme Court’s recent decision on the scope of a criminal anti-shredding law in Yates v. United States, 135 S. Ct. 1074 (2014), caught headlines in legal and mainstream publications for its unusual fact pattern. In short, a fisherman was accused of destroying fish that he had caught and stored that fell below the minimum length allowed. The odd twist in this story is that...

March 7, 2015

Following a year long pause, the IRS announced Friday that it has resumed its review of pending private letter ruling (PLR) requests and is accepting new PLR requests concerning MLP qualifying income under Section 7704(d)(1)(E) of the Internal Revenue Code. During the qualifying income ruling pause, which began in March 2014, the IRS postponed consideration of taxpayer requests for...

February 16, 2015

When it comes right down to it, we are about as bad at cybersecurity as Twitter’s CFO is at Twitter or North Korea is at...

February 4, 2015

There are certain unalienable truths in this world, like “what goes up must come down,” “what goes around comes around,” and “it’s five o’clock somewhere.” Then there are things that are slightly less certain but nonetheless substantially plausible, like how releasing...

January 22, 2015

The Super Bowl showdown has been set. On the NFC side, the Seattle Starbucks Seahawks recovered from its first-half drunken lemur impersonation to miraculously defeat the Green Bay Packers.

January 13, 2015

I don’t usually do New Year’s resolutions because there are just far too many things that I could improve on. I haven’t touched a guitar in months, my pool-playing skills have deteriorated, and my singing probably sounds like the...

December 23, 2014

I want you to know that I tried. I really did.

December 11, 2014

Often overlooked by Superfund lawyers and PRPs, CERCLA Five-Year Reviews (FYRs) may merit closer attention given recent US EPA initiatives to more closely scrutinize completed remedies. In particular, the Agency has emphasized, via internal guidance, that emerging issues such as vapor intrusion (VI) and institutional controls (ICs) must be given active consideration during FYR protectiveness...

December 9, 2014

You know how kids bicker in the back seat of a car? (Not my kids, of course. No, never.) And you’re driving to the beach, and they won’t quit bickering about who’s touching whom, and you threaten to turn the car around and head home if they don’t knock it off? And that you really mean it this time? But you don’t really mean it because you are just as...

November 18, 2014

Please don’t shoot the messenger, but I’m here to tell you that the world is coming to an end. It really is. Just look at the horrifying portents of the end of days. We’ve got a global chocolate shortage coming.

November 14, 2014

Underoos are back! Seriously – they are back! I know, right? And this time, they come in adult sizes.

November 10, 2014

Manufacturers of the latest generation of smartphones have touted fingerprint technology as the latest, greatest, and safest way to secure the contents of your phone. But while fingerprint technology may block hackers or thieves from viewing the contents of your phone, the same technology may surprisingly make it easier for government investigators to access your phone.

November 5, 2014

Did you experience an alarmingly high level of stress while watching The Good Wife’s “Shiny Objects” episode, when the law firm of Florrick Agos was hit by a malware attack that triggered a ransomware program that locked all of firm’s files and...

October 30, 2014

Remember when you were a kid, and everybody was getting ready to play kickball, and there were two captains, and the captains started picking teams, and you kept not getting picked, and then there were just two people left, and you didn’t want to be the last one, and ...

Wait, what? No! I am not speaking from personal experience! Moving on.

Well, that kid who doesn...

October 21, 2014

There’s a fight going on right now between companies and the government, and it goes something like this:

Government: “We want to make you more safe!”

Company: “No way. We’d like to put our customers at risk. Thanks!”

Wait. That doesn’t sound right. Maybe’s it’s more...

October 9, 2014

Superheroes are totally in vogue right now. From Iron Man and the X-Men on the big screen, to the Flash and Marvel’s Agents of S.H.I.E.L.D. on television, there are spandex-laden crusaders all over the place.

October 8, 2014

Lost amongst the news of the Supreme Court’s recent refusal to take up the same-sex marriage issue was the Court’s decision not to consider an appeal in a rare Foreign Corrupt Practices (FCPA) case. To the very dedicated FCPA bar, the denial was a noteworthy, if unsurprising result.