Increase Research Funding for Arizona’s Public Universities

In a recent op-ed published by the Arizona Republic, Richard Silverman, with Jennings, Strouss & Salmon, discusses the importance of increased research funding for Arizona’s public universities. Silverman asserts that increased research funding will not only result in a 6-to-1 return on investment, but will make Arizona more competitive in the bioscience industry, which will ultimately attract more funding, research and industry partners. Jennings Strouss is equipped to support the needs of the biotechnology industry, providing legal expertise, as well as lobbying services through its affiliate, B3 Strategies. For more information, please visit www.jsslaw.com and www.b3strategies.com.

Read the full article here. 

FERC Revises the EQR Data Dictionary and Announces a Technical Conference

In an order issued this afternoon, the Federal Energy Regulatory Commission (FERC) adopted further changes to the Electric Quarterly Report (EQR) Data Dictionary. FERC stated that it adopted version 3.0 of the EQR Data Dictionary in order to implement the revised EQR filing process and to update the list of Balancing Authority names and abbreviations reflecting changes in the official source of such data. FERC ordered that the EQR Data Dictionary version 3.0 become effective on the date published in the Federal Register and that the updated EQR Data Dictionary be applied to EQR filings beginning with the Q3 2013 EQR. FERC last revised the EQR Data Dictionary in Order No. 768-A, issued on April 18, 2013.

On March 4, 2014, FERC issued a public notice scheduling a Technical Conference for March 26, 2014 to demonstrate its new electronic EQR filing system. FERC will provide a live webcast of this Technical Conference. FERC also encouraged live and webcast participants to register in advance of the Technical Conference. During the March 26 Technical Conference, FERC staff will show participants examples of filing EQRs. The March 26 Technical Conference follows the Technical Conference FERC held in January.

As previously discussed in the Energy Law Times, the filing period for the third quarter 2013 EQRs is between April 1, 2014 and April 30, 2014. The filing period for the fourth quarter 2013 EQRs is between May 1, 2014 and May 31, 2014. The filing period for the first quarter 2014 EQRs is between June 1, 2014 and June 30, 2014. All subsequent filing periods are during the month following the end of each calendar quarter. Additional EQR updates are available on the FERC EQR webpage.

If you have questions or would like more information on the issues discussed in this article, please feel free to contact us.

The World Of Medical Malpractice (Infographic)

Contact Jennings Strouss for more information. 

Department of Labor Announces New Funding Priorities

On March 4, 2014, the United States Department of Labor announced certain funding priorities in the President’s budget proposal including an increase of $41 million to fund enforcement of wage and hour laws and FMLA compliance. Additional Department of Labor budget priorities are:

• Nearly $14 million to fund the misclassification of workers as independent contractors initiative.
• $565 million for the Occupational Safety and Health Administration to seek employer compliance with safety and health regulations and inspect hazardous workplaces, and strengthen protection of whistleblowers.
• The budget also includes $377 million for the Mine Safety and Health Administration and $107 million for the Office of Federal Contract Compliance Programs, which enforces equal employment opportunity at federal contractors.

Keith Overholt is a Member of Jennings, Strouss & Salmon's, Corporate Securities and Finance and Labor and Employment departments.

Social Media and Your First Amendment Rights

Jennings, Strouss & Salmon attorney Jimmie Pursell discusses social media and your First Amendment rights with 12 News of Phoenix.

See the clip here.

FERC sets New Deadlines for the Web-Based Filing of Electronic Quarterly Reports

On February 28, 2014, the Federal Energy Regulatory Commission (FERC) issued an order extending and setting the deadlines to file electric quarterly reports (EQRs) for the third quarter (Q3) 2013, the fourth quarter (Q4) 2013 and the first quarter (Q1) 2014. FERC also reminded EQR filers that the deadline to file the second quarter (Q2) 2014 EQRs has not been extended.
FERC set the EQR filing periods as follows:

• Q3 2013 EQRs must be filed between April 1, 2014 and April 30, 2014
• Q4 2013 EQRs must be filed between May 1, 2014 and May 31, 2014
• Q1 2014 EQRs must be filed between June 1, 2014 and June 30, 2014
• Q2 2014 EQRs must be filed between July 1, 2014 and July 31, 2014, the normal filing period

All subsequent EQRs also must be filed during their normal filing periods.
FERC recognized the need for EQR filers to become proficient with the new electronic EQR filing system and stated that it would not assess penalties against parties that make best efforts for Q3 2013, Q4 2013 and Q1 2014 EQRs. While FERC did not specifically define “best efforts,” it did encourage parties to file early in each filing period and use the “Test-Only” functionality to address issues before the filing deadline.
As a reminder, FERC Order Nos. 768 and 768-A require non-jurisdictional market participants, such as municipal agencies and electric cooperatives, to file EQRs beginning with the Q3 2013 EQRs if they have more than a de minimis market presence. Additional EQR updates are available on the FERC EQR webpage.
If you have questions or would like more information on the issues discussed in this article, please feel free to contact us.

The CFTC Grants Temporary Regulatory Relief to the Southwest Power Pool and Integrated Marketplace Participants

On February 20, 2014, the staff of the Commodity Futures Trading Commission (CFTC) issued a No-Action letter temporarily removing a regulatory barrier to Southwest Power Pool’s (SPP) planned March 1, 2014 launch of its Integrated Marketplace.

The No-Action letter is a stop-gap measure that will expire on the earlier of August 31, 2014 or when the CFTC issues its final order on SPP’s application for exemption from full CFTC regulation. Last year, the CFTC issued an order permanently granting similar requests for exemption from other organized wholesale electric markets. The No-Action letter states that Market Participants in the Integrated Marketplace must qualify in any one of three categories (including being in the electric energy business) and the transactions must fall into specified categories in order to be eligible for the reduced regulatory burden. The No-Action letter states that these conditions are identical to the conditions in the order issued last year.

In both the No-Action letter and the prior order, the CFTC explicitly retained jurisdiction to police market fraud and manipulation relating to the organized markets.

If you have questions or would like more information on the issues discussed in this article, please feel free to contact us.

2014 Arizona-Mexico Commission Plenary Session Recap

By Patrick F.Welch, Attorney, Jennings, Strouss & Salmon

Sonora Governor Guillermo Padrés and Arizona Governor Jan Brewer hosted the 2014 Arizona-Mexico Commission Plenary Session in Hermosillo, Sonora Mexico on February 6-7, 2014. This year's theme was "Energy Transforms Arizona and Sonora." The semi-annual event serves as a platform for meaningful international collaboration between the two states, with the ultimate goal of strengthening their bilateral partnership and enhancing the economic growth and quality of life in the Arizona-Sonora region.

The Financial, Business and Legal Services Committee included several presentations, including discussion on the CANAMEX corridor and its Importance to the Arizona and Sonora Region, by Gail Lewis, Director, Office of P3 Initiatives and International Affairs, Arizona Department of Transportation; Mexican Tax Reform and its Impact on both National and Foreign Investments, by Humberto Garcia Borbon, a tax partner at Garcia Gutierrez Garagorri and Associates S.C; Mexican Tax Shelter Program as a Manufacturing Operation, by Raul Leyva, President of the Maquiladora Association of Sonora; and Energy Reform and Benefits for the Renewable Energy Sector in Mexico, by Antonio Astiazaran Gutierrez of Engeria Sonora S.C.

The presentations offered attendees a unique opportunity to better understand how government agencies, business working groups, and the private sector can work together to promote economic development, trade and investment between the States of Arizona and Sonora. The discussion led by Gail Lewis on the CANAMEX Project, a broad reaching plan with an objective of creating a direct trade route from Canada to Mexico, demonstrated the importance of the CANAMEX corridor to promotion of regional trade between Arizona and Sonora. This initiative is being supported for its development and implementation by the states en-route for this plan, which include Montana, Idaho, Nevada, Utah, and Arizona. The CANAMEX corridor plan has been created from carefully managed studies by various organizations and agencies. Private businesses renewed interest in highway infrastructure improvements between Nogales and Tucson, Arizona presents an excellent opportunity for increased economic development for Arizona and Sonora based businesses moving product across the U.S. / Mexican border. The improvements would also support increased tourism for both states, as travel along the highway route would be more efficient. To fully capture the potential of these improvements, infrastructure improvements along Mexican Federal Highway 15, a primary north-south highway in Mexico connecting Nogales, Arizona with many important economic centers within the State of Sonora, are also needed. Beatriz Martinez Haro, Investment Promoter with the State of Sonora, discussed this in her presentation hosted by the Arizona-Mexico Commission’s Economic Development Committee.

One of the highlights of the Plenary Session was a luncheon, which included remarks by Governors Brewer and Padrés. During the luncheon, Committee Chairs also reviewed the objectives achieved during the year by their respective committee, and the committee’s goals moving forward in 2014.

Mr. Welch is licensed to practice in the States of Arizona and Nevada, and the Commonwealth of Massachusetts. He focuses his practice in the areas of general and complex commercial litigation, construction litigation, fidelity and surety litigation, and U.S./Mexico cross-border business transactions and litigation. Mr. Welch is fluent in English and Spanish, and is a member of the Arizona-Mexico Commission.

Mr. Welch has been featured in articles on cross-border trade between Arizona and Sonora.

Law Talk Wednesday: Mediation in a Divorce Process

Norma Izzo Milner discusses the benefits of mediation in a divorce process. 

New Client Alert: The Agricultural Act of 2014

On February 7, 2014, a new five-year farm bill, the Agricultural Act of 2014, was signed into law. Attorneys Wayne Smith and Brian Imbornoni break down how the bill affects farmers and ranchers. They discuss new changes to crop insurance, food stamps, livestock indemnity payments and more. 

Read the client alert here.