Kee E.,NERA Economic Consulting |
Electricity Journal | Year: 2014
U.S. merchant nuclear plants face reduced revenues and, in some cases, cash operating losses that can lead to early and permanent closure for economic reasons. A program which leverages incremental electricity pricing support through contracts for difference can avoid these needless early retirements of vital assets. © 2014 Elsevier Inc.
Bookoff L.I.,LLP |
Medical Device and Diagnostic Industry | Year: 2012
Medical device company executives should understand the importance of a strong patent portfolio as well as ways to obtain information on a competitor's products and patent publications in order to devise strategies to best use that information. Patent portfolios also generate revenue through licensing fees, infringement litigations, and outright sales of patents. Often a patent portfolio covers more than one medical or nonmedical field outside the patent holder's market. In such a case, the portfolio can generate a revenue stream through field licensing. A company should review its competitor's patent claims for ways to avoid the claimed technology. Engineers and patent counsel should hold regular meetings in order to brainstorm ways to design around the claimed technology. Using the information obtained about competitive products, a company should craft patent claims to cover those products.
Journal of Planning and Environment Law | Year: 2013
A planning obligation made pursuant to section 106 of the Town and Country Planning Act 1990 is governed by the common law rules of private contracts. But it is also a creation of statute, enforceable by local planning authorities, and therefore subject to public law. The recent case of Westminster CC versus Secretary of State for Communities and Local Government provides a rare example of a case where the court held that a planning obligation was invalid because it did not meet the requirements of any of sub-paras (a) (d) in section 106(I) of the 1990 Act. First, there is a statutory time period for the determination of an application. Under section 106A (7), the appropriate authority must give notice of their determination to the applicant within eight weeks or such extended period as may be agreed upon in writing by the applicant and authority. Upon the receipt of a request for modification, the authority is not subject to any such determination period.
McCarty M.A.,LLP |
O'Brien P.S.,LLP |
Ripley T.D.,LLP |
Ports 2016: Port Planning and Development - Papers from Sessions of the 14th Triennial International Conference | Year: 2016
A large portion of the United States ferry system relies on timber pile dolphins for berthing operations. As ferry boats have increased in size and environmental regulations have tightened, the use of timber pile dolphins has become far less cost effective. As a result, ferry owners are seeking alternatives for dolphins and fenders. The Virginia Department of Transportation (VDOT) has developed a dolphin replacement program for the Jamestown-Scotland ferry that utilizes composite materials to maximize lifecycle cost effectiveness and minimize service disruptions while maintaining the safe operation of the ferry system. The program uses the latest fiber reinforced polymer (FRP) pile technologies, materials, and production capabilities. As a result, over 1850 fracture-prone timber piles will be replaced with 35 large-diameter FRP monopile dolphins, with an expected lifecycle cost equal to one-third of the cost of the current system. Each new FRP monopile dolphin provides over 10 times the energy absorbing capacity of the existing 37 timber pile cluster and is more environmentally inert. © ASCE.
Journal of Medical Practice Management | Year: 2016
Due to the highly technical language in the wage and hour laws and regulations, employers often find that they have unknowingly violated the Fair Labor Standards Act (FLSA). This can occur because employers have improperly classified an employee as exempt or because employers do not realize that certain time should be paid in full. Improperly classifying employees as exempt or failing to compensate nonexempt employees for all time worked can lead to costly lawsuits, audits, or enforcement actions by the Wage and Hour Division of the Department of Labor. This article discusses the most common FLSA exemptions and provides best practices to avoid liability under the FLSA. © 2016 by Greenbranch Publishing LLC.
Journal of Internet Banking and Commerce | Year: 2011
This article provides an overview of protecting a company's confidential information via trade secret, patent and other information a company wishes to keep confidential from their competitors and others. It is advisable to retain an experienced US intellectual property attorney to aid in correctly protecting a company's valuable confidential nformation. An understanding of the process can help your attorney ensure a successful application outcome, while saving time and money. © Alice Goldmann, 2011.
Journal of World Energy Law and Business | Year: 2014
Global demand for internationally traded oil and gas is increasing. In order to meet this increasing demand, oil and gas transportation, including by cross-border pipeline, is clearly critical. This article examines risk factors associated with cross-border oil and gas pipelines and will argue that the likelihood and consequence of risk could be greatly reduced if certain actions are taken at the international and state (policy) level and at the pipeline company level. Fifty-five cross-border pipelines (in development and operational) are examined to provide evidence for sources of risk based upon concrete case studies. The article will first explore two of the most acute geographical constraints encountered when trying to secure supplies of oil and gas: maritime 'chokepoints' and the movement of production from landlocked countries via cross-border pipelines. These constraints reveal deficiencies in existing public international law-a key source of state-to-state risk to cross-border pipelines. The article will then examine other sources of risk (seven in total) within a comprehensive analytical framework. The various sources of risk identified are categorized as either internal (relating to enterprise risk management deficiencies in the pipeline company) or external (relating to the company's interface with host governments, commercial counterparties, local people and communities or hostile third parties) and ranked. The article further examines the dynamics of risk allocation within a government-to-government, government-to-company, company-to-commercial-counterparty and company-to-local community context. It will also examine risk factors during the two key stages of a pipeline project's life cycle (pre and post-completion). Recommendations will be offered on the development and negotiation of bespoke agreements to allocate state-to-state, state-to-company and commercial risk. Managing hostile third-party risk requires that measures are taken by public security forces in coordinattion with private (pipeline company) security and consistent with international security standards including the Voluntary Principles on Security and Human Rights. Other forms of external (community-based) risk require that pipeline companies rigorously adhere to applicable law and internal systems of enterprise risk management. At a minimum, these standards should include prevailing international environmental, safety and social standards as well as the UN Guidelines on Business and Human Rights. © The Author 2014. Published by Oxford University Press on behalf of the AIPN. All rights reserved.
Duffy T.,LLP |
Abruzzo J.,Thornton Tomasetti
Global Thinking in Structural Engineering: Recent Achievements | Year: 2012
Perhaps nothing epitomizes the confluence of architecture, structure and machine quite like the modern-day retractable roof structure. Part aesthetic statement and part industrial machinery, the design of these structures requires a collaborative effort between structural, mechanical and electrical engineers to ensure that the vision of the architect may be achieved by a system that is safe, reliable and maintainable. This paper uses case studies of two existing facilities to demonstrate the close interaction required between the various engineering disciplines in the design of retractable roof systems, and the lessons learned when the disciplines are not well coordinated. These lessons are relevant to future retractable roof stadiums and other multi-purpose facilities as owners, architects and engineers strive to make these major facilities more adaptable and therefore financially viable.
Nanotechnology Law and Business | Year: 2010
In this article, attorney Mark J. Graffagnini analyzes how nanotechnology has influenced the food industry. Nanotechnology is increasingly being used at all levels of the food chain and will present consumers and governments with new issues about the food we eat and how to regulate its quality and manage risks. From nanosensors that are being developed to help rid food products from pathogens to nanofoods which use nanotechnology to improve the digestive and nutritional qualities of foods, nanotechnology increasingly poses challenges to existing regulatory frameworks and authorities. This report presents an overview of the various ways that nanotechnology is being incorporated into and used by the food and agriculture industries in the United States and Europe. Mr. Graffagnini analyzes how existing regulatory regimes address nanofoods and how regulatory and risk management approaches are being re-imagined to fit new products. To date, the U.S. and Europe have used existing regulatory regimes governing food health and safety to regulate the risk posed by nanofoods and food nanotechnology. However, the European Parliament has recently ap-proved proposed changes to the regulatory framework, and nanofoods may soon require specific risk assessment, authorization, and labeling before foods containing nanomaterials may enter the European market. Whether this heralds a global regulatory shift is uncertain at this juncture.
Jibaja-Weiss M.L.,Baylor College of Medicine |
Volk R.J.,University of Texas M. D. Anderson Cancer Center |
Granchi T.S.,LLP |
Neff N.E.,Baylor College of Medicine |
And 7 more authors.
Patient Education and Counseling | Year: 2011
Objective: To evaluate an entertainment-based patient decision aid for early stage breast cancer surgery in low health literacy patients. Methods: Newly diagnosed female patients with early stage breast cancer from two public hospitals were randomized to receive an entertainment-based decision aid for breast cancer treatment along with usual care (intervention arm) or to receive usual care only (control arm). Pre-decision (baseline), pre-surgery, and 1-year follow-up assessments were conducted. Results: Patients assigned to the intervention arm of the study were more likely than the controls to choose mastectomy rather than breast-conserving surgery; however, they appeared better informed and clearer about their surgical options than women assigned to the control group. No differences in satisfaction with the surgical decision or the decision-making process were observed between the patients who viewed the intervention and those assigned to the control group. Conclusions: Entertainment education may be a desirable strategy for informing lower health literate women about breast cancer surgery options. Practice Implications: Incorporating patient decision aids, particularly computer-based decision aids, into standard clinical practice remains a challenge; however, patients may be directed to view programs at home or at public locations (e.g., libraries, community centers). © 2010 Elsevier Ireland Ltd.