All GLG News Analyses Filed Under: Regulation & Administrative Law

Protectionism in any Form Does Not Work

September 14, 2007

Analysis by: GLG Expert Contributor

Analysis of:EU may restrict foreign access to energy assets | www.euractiv.com

Protectionism, or "tit-for-tat" opening of markets is a discredited policy. Depriving some EU countries, not to mention the broader set of developing countries in Europe, of potential investment will not help their development. If "Third Party" investment is allowed, strong regulatory institutions must be ready to ensure that the investment is used to provide services to the public and allow investors the opportunity to make a reasonable profit.

Will it deliver the expected outcomes?

September 7, 2007

Analysis by: GLG Expert Contributor

Analysis of:Call for 'green-home' cash bonus | news.bbc.co.uk

It seems that the UK authorities have made a choice for individual wind turbine equipment while other European countries privilege bigger collective wind turbines that use sophisticated technologies. Having said that, I would like to point out some open questions remain such: - Is any certification system foreseen to ensure performance and safety of those equipments? - Is any standardization system foreseen to ensure that all electric equipment can operate together? - Would the households be allowed to sell to the grid the electricity they do not use? - Would it make sense for household in the same area to join forces and to invest in a bigger and high performance wind turbine?

Robert RosenbergPartnerSLOVER & LOFTUS

Surface Transportation Board Proposes Revising Railroad Cost of Capital Methodology

August 16, 2007

Analysis of:STB Notice of Proposed Rulemaking on Railroad Cost of Capital Methodology | www.stb.dot.gov

The Surface Transportation Board has proposed to change its methodology for calculating the railroad industry cost of capital.  The cost of capital is used for several regulatory purposes.  Lowering the cost of capital, as proposed by the agency, could increase the rate relief available to captive shippers.

Mandated Risk and Compliance Fixes Deliver Competitive Advantage

August 15, 2007

Analysis by: GLG Expert Contributor

Analysis of:Computer security faults put Boeing at risk - Failings could leave it open to fraud, theft | seattlepi.nwsource.com

Post-Sarbanes Oxley, the skyrocketing audit costs have declined. Now is the time to leverage that investment into competitive advantage. In an ironic twist, the push-back from CEOs and Chambers of Commerce to roll back SOX will deliver profits to the profit-minded CEOs' bottom-line.

SARBANES-OXLEY TURNS FIVE - THE BOARDROOM IMPACT

August 13, 2007

Analysis by: GLG Expert Contributor

Analysis of:Sarbanes-Oxley Costs Drive Companies Away From Being Public | www.informationweek.com

On its fifth anniversary, the Sarbanes_Oxley corporate reform law is being closely examined.  However, its longest-lasting, most powerful repercussions may be felt in the boardroom.

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

FDA-More ammunition, more pharmaceutical companies targeted

July 23, 2007

Analysis of:Congress Moves Closer to Drug-Safety Bill | www.washingtonpost.com

Greater resources for FDA will likely create more reporting requirements for pharmaceutical companies. FDA  will have greater authority to require post-marketing safety studies and to impose timetables for completing these studies. FDA's data may ultimately be fertile ground for class action discovery!

Jeff StierAssociate DirectorAmerican Council on Science and Health

Major Good News for Biotech Firms (Bad News For Generic Hopefuls)

June 21, 2007

Analysis of:US House Panel Approves Drug-Safety, FDA User-Fee Bill | money.cnn.com

Congressional action this week greatly reduces the risk of easy approval for "generic" version of biotech drugs. FDA User Fee legislation approved by a House Committee is similar to the already passed bipartisan Senate bill. The revised version of the House bill that came out of committee no longer contains some of the more controversial provisions.

 

European Court of Justice to decide on new sports betting cases after the Placanica decision

May 18, 2007

Analysis by: GLG Expert Contributor

Analysis of:Portuguese court refers sports betting case to European Court of Justice | germangaminglaw.blogspot.com

In its Placanica decision of 6 March 2007, the ECJ ruled that is inconsistent with Community law to criminally sanction the cross-border provision of sports betting. However, several questions remained open. National courts still argue under what circumstances a monopoly with regard to sports betting can be upheld under Community law, as Italy opted for a licensing concept. Therefore, several German court draw the conclusion that they do not have to take the Placanica reasoning into consideration at all.

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Brokerage Agreements-To Appeal Or Not to Appeal/Another issue on what to disclosure

May 15, 2007

Analysis of:Appeal or not to Appeal | www.investmentnews.com

The noose seems to be tightening around what needs to be disclosed in Broker Agreements. Is it more costly to take the chance of not disclosing what may be a fiduciary obligation? Brokers can no longer hide behind any presumption of a sophisticated user.

Greenhouse Gas Decision will Result in Dramatic Increase in Economic Regulation

May 1, 2007

Analysis by: GLG Expert Contributor

Analysis of:Senate panel presses EPA | www.washingtontimes.com

* Court ruled that greenhouse gases are a pollutant under the Clean Air Act and that the EPA has the legal authority to limit greenhouse gas emissions from cars and trucks.

* Ruling will accelerate action by EPA and Congress to limit or mitigate greenhouse gas emissions from both mobile and stationary sources.

* Beneficiaries of ruling will be companies producing clean air technologies, those capable of carbon storage, and renewable energy sources with small carbon footprints.

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