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Leasing Wind Power Facilities: A New Reality
Electric power generation from wind continues to grow at a rapid pace. Wind is such an abundant natural resource that in a 2010 assessment, the Department of Energy found that the contiguous 48 states have the potential to generate up to 37 million gigawatt-hours (“GWh”) of electricity from wind annually, which is approximately nine times the total U.S. electricity generation from all sources in 2009.
The American Wind Energy Association (“AWEA”) reported more recently that the U.S. installed capacity of electrical wind energy reached 40,180 megawatts (“MW”) at the end of 2010. Texas leads the country in installed wind energy capacity with more than 10,000 MW. The Energy Information Agency estimates (based on the 2009 Census) that the average U.S. home consumes 908 kWh per month (as of 2009). Clearly, wind energy now and in the future can power a vast number of homes in the United States. (A kilowatt (“kW”), MW (10,000,000 kW) or GW (1,000 MW) is an instantaneous measure of power. A kilowatt hour (“kWh”), MW hour (“MWh”) or GWh is a measure of electricity defined as a unit of work or energy, measured as one kW, MW or one GW, respectively, of power expended for one hour.)
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.