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    The Fate of Demand Response Hangs in the Balance
    Published on January 29, 2015
    The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations.  Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet regarding this very question.  Three days later, on January 15, 2015, the Solicitor General, on behalf of FERC, filed a petition for a writ of certiorari in FERC v. EPSA regarding FERC’s jurisdiction to regulate ISO/RTO demand response programs.  Will the Justices take FERC up on its request to argue the wholesale versus retail distinction in the context of demand response?  As the Magic 8 Ball® counsels “reply hazy, try again.”
    Cadwalader, Wickersham & Taft LLP (CWT)
    US is the Best, or at Least Better than the Rest
    Published on January 3, 2015
    Chilton Capital provides its December update on the state of and outlook for the REIT Sector and REIT investing.
    Chilton Capital Management
    REIT Composite December 2014
    Published on January 3, 2015
    YTD performance metrics Summary for the North American REIT sector.
    Chilton Capital Management
    President Obama’s Fiscal Year 2016 Revenue Proposals
    Published on February 2, 2015
    On February 2, 2015, the Obama Administration (the “Administration”) released the General Explanations of the Administration’s Fiscal Year 2016 Revenue Proposals (commonly known as the “Green Book”), which contains significant detail about the fiscal year 2016 revenue proposals. This memorandum discusses certain aspects of the Green Book relating to taxation of offshore profits of U.S. corporations and their subsidiaries. Subsequent memoranda will address Green Book proposals relating to (1) other international taxation issues (including with respect to limiting so-called “excess” interest deductions under Section 163(j)), (2) domestic business taxation, and (3) individual, retirement plans, and estate and gift taxation, all of which may be obtained at a later date by following the instructions at the end of this memorandum.
    Sullivan & Cromwell LLP
    Successfully Managing Major Utility Business Spin-Offs and Divestitures
    Published on January 15, 2015
    Many utilities have been redefining the scope of their businesses in the past couple of years by shedding units to focus on core activities. The value of utility divestitures rose nearly four-fold in 2014 compared with 2013, to $13.9 billion. Most business leaders understand that a merger requires a high level of attention and energy from executives to be successful. However, few leaders give the same thought to managing a divestiture, and in many cases, profit declines after a sale. In fact, a successful divestiture requires just as much work and planning as a merger.
    Oliver Wyman
    U.S. Department of Commerce finds 'dumping' and unlawful subsidization of solar product imports
    Published on December 22, 2014
    On December 16, 2014, the U.S. Department of Commerce announced its affirmative final determinations regarding imports of certain crystalline silicon photovoltaic products used for solar generation. The Department determined that China and Taiwan violated antidumping duty law by selling solar products in the U.S. at significantly less than fair value. Additionally, it determined that China violated countervailing duty law by providing subsidies to Chinese solar manufacturers. The investigations were initiated nearly a year ago following a petition filed by SolarWorld Americas Inc., the largest U.S. solar panel manufacturer with headquarters in Hillsboro, Oregon. This is SolarWorld’s second such petition; its first concluded with duties imposed against China in 2012. The Department found dumping rates by Chinese producers ranged from 26.71 percent to 165.04 percent and dumping rates by Taiwanese producers ranged from 11.45 percent to 27.55 percent. Dumping percentages are generally calculated “to bridge the gap back to a fair market value.”
    Cadwalader, Wickersham & Taft LLP (CWT)
    JOBS Act - Increased Thresholds for Exchange Act Registration
    Published on December 23, 2014
    On December 18, 2014, the SEC issued a release proposing amendments to various Exchange Act rules to reflect the new, higher thresholds for Exchange Act registration by all issuers, and for termination of registration and suspension of reporting by banks and bank holding companies, that were set forth in the JOBS Act. The proposed amendments would extend the higher termination and suspension threshold for banks and bank holding companies to savings and loan holding companies. The proposals would also revise the definition of “held of record” under Exchange Act Rule 12g5-1 to implement the JOBS Act provision excluding from these computations certain securities held by persons who received those securities pursuant to employee compensation plans.
    Sullivan & Cromwell LLP
    The Intersection Point: Balance Sheet Management and Big Data Analytics
    Published on December 15, 2014
    With the continued economic and interest rate environment uncertainty, it’s a pivotal time for bankers as they get ready for next year. The challenges impacting the attainment of meaningful earnings enhancement opportunities and the development of prudent balance sheet risk management strategies are very real. The difference maker for 2015 on both fronts may come down to how well your institution transforms existing data into information to inform difference- making strategy development.
    Darling Consulting Group
    Volcker Rule: Conformance Period Extended for Certain Legacy Covered Funds
    Published on December 24, 2014
    On December 18, 2014, the Board of Governors of the Federal Reserve System (the Board) issued an order (the Extension Order) that extends, until July 21, 2016, the conformance period under the Volcker Rule for purposes of permitting banking entities additional time to conform investments in, and relationships with, “covered funds” and certain foreign funds (legacy covered funds). The Board indicated in the Extension Order that it also intends, for these purposes, to grant an additional one-year extension of the conformance period until July 21, 2017 (which would be the latest possible extension). These actions supplement the Board’s more general extension of the conformance period last year, which the Board granted when the final rule implementing the Volcker Rule was adopted (the Final Rule); that extension is set to end on July 21, 2015. Earlier this year, the Board had stated its intention to provide conformance period relief with respect to certain collateralized loan obligations (CLOs).
    Sidley & Austin LLP
    “Sharper Focus” at the UK Financial Conduct Authority
    Published on December 15, 2014
    On December 8, 2014, the Financial Conduct Authority (FCA) announced a major internal restructure and strategic shift in the way that it will supervise authorised firms. The changes will commence from January 5, 2015 and will be fully in place by April 2015. Firms that might have benefited from a “light-touch” supervisory approach in the past, should expect more activity-based and thematic scrutiny from the FCA in the future.
    Sidley & Austin LLP
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