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Latest from Jennings, Strouss & Salmon Blog

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On June 29, 2018, FERC issued an order rejecting two proposals (i.e., the Capacity Repricing and the MOPR-Ex proposals) filed by PJM Interconnection, L.L.C. (“PJM”) to address subsidization of resources in its capacity markets (Docket No. ER18-1314). The FERC order also granted in part a complaint filed by Calpine Corporation and others challenging PJM’s minimum offer price rule (“MOPR”) as unjust and unreasonable. The complainants proposed interim Tariff revisions for immediate implementation that would extend the MOPR to a limited set of existing resources and asked the Commission to direct PJM to conduct a stakeholder process to develop and

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Continue Reading FERC To Expand PJM’s Minimum Offer Price Rule to All Planned and Existing Resources – A Battle To Preserve States Jurisdiction Over Generation Facilities and to Carve Out Appropriate Exemptions Ensues

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by Otto S. Shill, III, Member, Jennings, Strouss& Salmon, P.L.C.

Yesterday morning, the United States Supreme Court announced its highly anticipated decision in South Dakota v. Wayfair, __ U.S. __ (No. 17-494, 2018) in which it revisited the Court’s long-standing precedent that a state may only tax businesses that establish “nexus” with a state by having a sufficient physical presence in that state. (See Quill Corp v. North Dakota, 504 U.S. 298 (1992)). Now the Court, in a 5-4 split decision, has concluded that physical presence is not required to establish sufficient constitutional nexus with a state because that view…
Continue Reading The U.S. Supreme Court Nexus Required for State Taxation of Online Sales: But Questions Still Remain

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Mr. Balitis counsels private sector clients as well as government agencies, including the Arizona legislature, on a broad range of employment law and labor relations matters. Over his 30 years of practice, he has represented clients in administrative proceedings before the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Arizona Civil Rights Division, Arizona Industrial Commission, Arizona Department of Occupational Safety and Health, and the Arizona Department of Economic Security. Recognizing that some issues need to be resolved at the legislative level, Mr. Balitis has participated in drafting and testifying on Arizona employment-related legislation.In addition

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Continue Reading What employers are doing about #RedForEd teacher walkout in Phoenix

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Last Thursday, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (“NOI”) seeking comment on possible changes needed to its 1999 Policy Statement on certification of new interstate pipelines. The NOI notes the almost two decades since the 1999 Policy Statement was approved and acknowledges that the Commission may have to reconsider how it balances project benefits against adverse consequences in light of the shale gas revolution, technological changes, global warming, and other environmental concerns, as well as increasing concerns raised by land owners and communities affected by the projects.

While all five commissioners welcomed an in-depth review

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Continue Reading FERC Initiates Review of Its Long-Standing Pipeline Certificate Policy Statement

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By Otto S. Shill, III, Member, Jennings, Strouss & Salmon, P.L.C.The Tax Cuts and Jobs Act of 2017 (the “2017 Act”) purports to bring broadly lower tax rates to most U.S. individuals and companies; however, it does so at the expense of clear tax policy objectives in many areas. That lack of a comprehensive, policy-based approach will now have consequences related to the deductibility of costs associated with controversies for both businesses and individuals. Business defendants in sexual harassment suits will not be allowed to deduct the cost of settlements that contain confidentiality requirements, potentially making settlement a…
Continue Reading Deducting Attorneys’ Fees Under the Tax Cuts and Jobs Act of 2017

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by Otto S. Shill, III, Member, Jennings, Strouss & Salmon, P.L.C.The Internal Revenue Service (IRS) announced last week that it will terminate its Offshore Voluntary Disclosure Program as of September 28, 2018. Taxpayers who have not reported foreign bank accounts and income now have only six months to do so.

In the mid-2000s, the IRS began aggressively pursuing foreign financial institutions for information concerning deposits held by those institutions on behalf of U.S. taxpayers. That effort has resulted in an unprecedented period of world-wide intra-governmental cooperation to identify unreported accounts and untaxed income. The Bank Secrecy Act and…
Continue Reading FATCA and FBAR: The IRS is discontinuing its Offshore Voluntary Disclosure Program

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On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 841, Electric Storage in Markets Operated by Regional Transmission Organizations and Independent System Operators. Order No. 841 requires tariff reforms in order to facilitate the participation of electric storage resources in capacity, energy, and ancillary services markets operated by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”).After soliciting public input on its Notice of Proposed Rulemaking (“NOPR”), FERC concluded that existing market rules designed for traditional generation resources create barriers to entry for many electric storage resources. Order No. 841 requires each RTO and ISO…
Continue Reading FERC Issues Final Rule Requiring RTOs to Provide for Participation of Electric Storage Resources in Organized Markets

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By J. Scott Rhodes, Member, and Ashley M. Mahoney, Legal Intern, Jennings StroussAttention Arizona attorneys: to receive compensation for your contingent fee work, make sure your fee agreement is in writing and signed by the client – or, you might not get paid at all. This is the message from the Arizona Court of Appeals, announced through Levine v. Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., 2018 WL 543052 (Ariz. Ct. App. 2018). The Levine case involved a dispute over attorneys’ fees between the law firm Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. (“Haralson”) and attorney Jack Levine.

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Continue Reading Contingency Fees in Arizona: Paper is Worth its Weight in Gold

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On January 8, 2018, the Federal Energy Regulatory Commission (FERC or Commission) issued an Order terminating a rulemaking initiated in Docket No. RM18-1-000 in which the Commission, acting at the request of the Department of Energy (DOE), considered requiring Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to establish tariff mechanisms ensuring appropriate compensation to “baseload” generating units with a ninety-day supply of onsite fuel storage when they participate in regional electricity markets, including full recovery of allocated costs and a fair return on equity. The Proposed Rule on Grid Reliability and Resilience Pricing (Proposed Rule) was submitted to

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Continue Reading FERC Terminates Rulemaking Aimed At Increasing RTO/ISO Reliance On Merchant Coal and Nuclear Resources, Initiates New Proceeding To Explore RTO/ISO Resilience Issues

By: Otto S.Shill, IIIAs we approach the end of 2017, many uncertainties prevail in the United States tax system. Late last week, Congressional leaders proposed extensive tax reform legislation that has sparked sharp debates about rates, deductions, eliminating some taxes, and frankly, whether any of it can be actually passed into law. There is, however, prior legislation that goes into effect in just 8 weeks that may require the prompt attention of certain businesses and individuals. Effective January 1, 2018, key changes will apply to all entities that are taxed as partnerships (including limited liability companies); therefore, it is…
Continue Reading Storm On The Horizon: Amend Your Partnership Agreement Before The IRS Does It For You

Labor and Employment GroupJennings, Strouss & Salmon, P.L.C.Effective as of September 18, 2017, employers must now use the new version of the I-9 Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services (USCIS) on July 17, 2017.The revised version of the Form I-9 includes new wording in the instructions and changes to the List of Acceptable Documents.For additional information or questions regarding the new Form I-9, please contact one of our Labor and Employment attorneys listed below.______________________________________________________________________Employers have many options for hiring labor and employment legal representation; however, unlike Jennings, Strouss & Salmon, few encompass…
Continue Reading New Form I-9 Now Effective

Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, announced that it secured a favorable verdict in a three-year “lemon law” litigation with BMW of North America (BMW N.A.). This is the first verdict in Arizona (and possibly the United States) where a jury found that excessive brake noise is a defect under a governing “lemon law” statute.In 2012, while residing in Oregon, Dr. Nordean and his wife took delivery of a custom ordered 2013 BMW M6 coupe, a luxury high performance vehicle that was hand built in Germany. The vehicle was ordered through, and delivered to, a BMW-authorized…
Continue Reading Jennings Strouss Wins Unprecedented Arizona “Lemon Law” Lawsuit

By: Paul J. Valentine, Attorney, Jennings, Strouss & Salmon, P.L.C.Since the advent of the limited liability company, the C corporation has often been the ugly stepchild in choice of entity analysis. Yet, the Internal Revenue Code contains a little known provision that may make the C corporation more attractive. New ventures should consider § 1202’s Qualified Small Business Stock (“QSBS”) provisions before determining which tax regime best suits their needs. Otherwise, upon sale, founders and investors may miss out on significant tax savings.Potential Tax Benefits of QSBSAs long as an eligible shareholder has held QSBS for five or…
Continue Reading Section 1202’s Qualified Small Business Stock: The Oft-Forgotten Exclusion

PHOENIX, Ariz. (August 15, 2017) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that 32 lawyers have been named to the 2018 Edition of Best Lawyers. Best Lawyers has published their list for over three decades. Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.Congratulations to the following Jennings Strouss attorneys named to the 2018 Best Lawyers in…
Continue Reading 32 Jennings Strouss Attorneys Recognized in 2018 Edition of Best Lawyers in America®

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By: Lindsay Leavitt Attorney, Jennings, Strouss & Salmon, P.L.C.

The Arizona hospitality industry needs to brace itself for another tidal wave of ADA litigation. ADA plaintiffs Fernando Gastelum and Theresa Brooke have recently filed nearly a dozen lawsuits alleging that the hotels’ online reservations policies violate the ADA. Mr. Gastelum and Ms. Brooke are represented by Peter Strojnik and Peter K. Strojnik, a father and son duo who have filed more than 2300 ADA lawsuits in the last 24 months.
                                           
In their lawsuits, Mr. Gastelum and Ms. Brooke allege that they were unable to reserve wheelchair accessible rooms using

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Continue Reading ADA Plaintiff’s Fernando Gastelum and Theresa Brooke Sue Hotels Over Online Reservation Policies