We are likely witnessing the beginning of the largest disruption to global supply chains in the post-World War II era. Between the COVID pandemic, the ongoing U.S.-China trade war, severe weather events, cyber attacks, and now the Russian invasion of
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Dalreed Solar – FERC Declines to Provide Additional Clarity as to QF Re-Certification “Substantive Changes” that Trigger Protest Rights, But Engages in a Same-Site Analysis
By Jennifer Key
In Order No. 872, FERC provided PURPA purchasers and other interested parties the opportunity to protest QF re-certifications if a “substantive change” was being made, although the Final Rule was less than perfectly clear as to what constituted a substantive…
Judge Swain: Musical Parodying the Misogyny of Grease is “Fair Use”
In an opinion Thursday, Judge Swain granted judgement on the pleadings to the makers of the musical Vape, declaring that under the “fair use” doctrine, Vape does not infringe on the copyright in the classic theatrical work Grease.
Vape holds itself…
Episode 407: An End to End-to-End Encryption?
Is the European Union (EU) about to rescue the FBI from Going Dark? Jamil Jaffer and Nate Jones tell us that a new directive aimed at preventing child sex abuse might just do the trick, a position backed by…
Episode 406: Who Needs Cyberlaw When We Can Have Unicorns and Fairy Dust?
Nick Weaver kicks off a wide-ranging episode by celebrating Treasury’s imposition of sanctions on a cryptocurrency mixer for facilitating the laundering of stolen cryptocurrency. David Kris calls on Justice to step up its game in the face of this…
USTR Starts “Review of Necessity” of Section 301 Tariffs
By Eric Emerson & Judy Wang
The Office of the United States Trade Representative (“USTR”) has recently initiated a statutory four-year review of the two actions taken under Section 301 of the Trade Act of 1974, as amended, in the investigation of China’s Acts, Policies, and…
April 18 – May 2, 2022 Russian Sanctions Update
Between April 18 and May 2, 2022, the US government continued to ratchet up economic sanctions, export controls, and other restrictive trade measures targeting Russia. Most significantly, on April 21, President Biden issued a Proclamation prohibiting “Russian-affiliated vessels” from entering…
New “Buy America” Guidance for Infrastructure Projects Released
On April 18, 2022, the Office of Management and Budget (OMB) published new guidance related to the implementation of the Build America, Buy America (BABA) provisions in the Infrastructure Investment and Jobs Act (IIJA). The BABA provisions, which passed in…
Episode 405: Google’s Spamgate
Retraction: An earlier episode of the Cyberlaw Podcast may have left the impression that I think Google hates mothers. I regret the error. It appears that, in reality, Google only hates Republican mothers who are running for office. But to…
Judge Buchwald Warns Counsel Against “Irrelevant Invective” and Fruitless Motion Practice
In an order yesterday, in a case involving two people who were formerly in a relationship and who now accuse one another of battery (among many other things), Judge Buchwald resolved various discovery disputes with a warning against “irrelevant invective”:…