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Energy industry bankruptcies of all types are expected to increase, offering an opportunity for companies to acquire assets for their operating portfolios while taking advantage of the bankruptcy process. We have received…more
Business Assets, Commercial Bankruptcy, Energy, FERC
See All Updates »
On March 11, 2016, the Department of Homeland Security issued a long-anticipated final rule allowing certain foreign students with science, technology, engineering and math (STEM) degrees earned in the U.S. to extend their…more
DHS, Foreign Students, H-1B, Highly-Skilled Workers Visa, OPT
On April 29, 2014, the U.S. Supreme Court issued two unanimous opinions that softened the Federal Circuit's high standard for awarding attorneys' fees in patent cases. See Octane Fitness, LLC v. Icon Health & Fitness, Inc., No…more
Attorney's Fees, Brooks Furniture, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement
The Foreign Corrupt Practices Act (FCPA) makes it unlawful for a person or company to provide money or anything of value to any foreign official in order to obtain or retain business or to acquire an improper business advantage…more
Anti-Corruption, Bribery, Corruption, FCPA, Foreign Official
September 9 Session Will NOT Revisit B2B Taxes -
Governor Dayton and all four legislative leaders met this morning and agreed to hold a Special Session on Monday, September 9, at 10 a.m. to provide disaster relief to the…more
B2B Organizations, Disaster Aid, Legislative Agendas
The Environmental Protection Agency (EPA) is increasing enforcement of its Risk Management Program while at the same time proposing significant revisions to its Risk Management Plan Rule. Companies without Risk Management Plans…more
Audits, Chemical Spills, Comment Period, Environmental Violations, EPA
The use of virtual currencies, which seemed novel just three years ago, continues to increase and gain momentum with consumers and in various business channels. As this use continues to expand, lenders may increasingly encounter…more
Bitcoin, Consumer Lenders, Cyber Attacks, Cybersecurity, Digital Currency
In a decision entered yesterday afternoon, Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York authorized Sabine Oil & Gas Corporation to reject certain midstream contracts under Section…more
Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Covenants that Run With the Land, Natural Gas
The SEC recently brought an enforcement action against the Chairman of the Audit Committee of AgFeed Industries, Inc. The Director of the SEC's Division of Enforcement, called the AgFeed action "a cautionary tale of what happens…more
Accounting Fraud, Enforcement Actions, Internal Audit Functions, Internal Investigations, Personal Liability
In a unanimous decision issued on January 13, the Supreme Court held that a borrower exercises its right to rescind under Section 1635 of the Truth In Lending Act (TILA), simply by notifying its creditor of its intent to rescind…more
Bank of America, Jesinoski v Countrywide, Mortgage Lenders, Mortgages, Popular
For natural gas producers in the Bakken Formation looking for a market to soak up shale gas, the United States and Canada already are relatively awash…more
Exports, Imports, Natural Gas, Shale Gas
Employers who self fund their medical plans often have contracts with their third party administrators about claims processing. Some of those contracts provide that the claims processor has discretion to decide claims; others…more
Ambiguous, Appeals, Arbitrary and Capricious, Blue Cross, De Novo Standard of Review
On April 29, 2015, the U.S. Securities and Exchange Commission (SEC) issued another proposed rule under the Dodd-Frank Act, this time with respect to the pay versus performance requirements of Section 953(a) of the Act…more
Dodd-Frank, Executive Compensation, Pay-for-Performance, Pensions, Profit Sharing
Kansas Public Schools in Danger of Not Opening for the 2016-2017 School Year -
A February 11, 2016, ruling by the Kansas Supreme Court in Gannon v. State of Kansas gave the state until June 30, 2016 to implement an…more
KS Supreme Court, Public Schools, State Funding
More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went…more
ADA, ATMs, Banks, Disability, Disability Discrimination
In a decision that will have broad impact on the electric generation industry, a federal district court has struck down parts of a Minnesota law that sought to regulate what fuels generators could use in their power plants to…more
Electricity, Energy, Power Plants, Utilities Sector
Athletes and celebrities have a long and storied track record with charitable causes. A celebrity can turn an otherwise unknown cause into a charitable powerhouse simply by lending a high profile name and likeness. Today,…more
Athletes, Celebrities, Celebrity Endorsements, Philanthropy, Private Foundations
The United States Securities and Exchange Commission has issued final rules on Regulation Crowdfunding. The final rules and forms are effective 180 days after publication in the Federal Register, except provisions related to…more
Capital Raising, Crowdfunding, Exemptions, Funding Portal, Investment Opportunities
May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits…more
Energy Sector, FERC, Power Infrastructure, PURPA, Renewable Energy
The Internal Revenue Service (IRS) has released the 2016 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans and health savings accounts, which are largely unchanged…more
401k, Cost-of-Living, Defined Benefit Plans, Employee Benefits, Employee Contributions
A Minneapolis law firm recently filed a class action complaint against Lamettry's Collision, Inc. and the Trustees of its 401(k) Plan, CFO Stephen Daniel and President Joan Lamettry for various breaches of fiduciary duty with…more
401k, Breach of Duty, Class Action, Employee Benefits, ERISA
In an extraordinary decision, the U.S. Civilian Board of Contract Appeals upheld the right of Kiewit-Turner, JV, to stop work and walk off a VA hospital project in Colorado…more
Armed Services Board of Contract Appeals, Construction Industry, General Contractors, Public Projects, Stop Work Orders
The AOBA's "Acquire or Be Acquired" conference is the financial industry's premier bank M&A conference for bank CEOs, senior management and board members. The annual event brings together key leaders from across the country to…more
Banking Sector, Community Banks, FinTech, Industry Consolidation
The U.S. Supreme Court's decision in Alice Corp. v. CLS Bank Int'l has effectively shut the door on obtaining patent protection for conventional business methods implemented on a computer. However, the decision leaves open the…more
Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation
Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900…more
Budget Surplus, General Elections, Legislative Agendas, Political Campaigns, Surface Transportation
On May 20, 2015, the Securities and Exchange Commission (SEC) released several proposals, "Amendments to Form ADV and Investment Advisers Act Rules," that would require investment advisers to provide additional information on…more
Derivatives, Form ADV, Investment Adviser, Investment Advisers Act of 1940, RAUM
On April 10, 2014, the North Dakota Industrial Commission (NDIC) announced new permit requirements for oil, gas and saltwater disposal wells. The new regulations, which go into effect on June 1, are targeted at the proper…more
Disposal Wells, NORM, Oil & Gas, Permits, Radioactive Drilling Waste
The Federal Trade Commission (FTC) announced on January 15, 2015, that the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) thresholds will be increased. The FTC also announced that it has revised the thresholds…more
Filing Fees, FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, The Clayton Act
President Obama released a statement on Monday that, if adopted, will have a significant effect on the way carriers, specifically small carriers offer broadband interconnect access services. The President called for the FCC to…more
Barack Obama, Broadband, FCC, Wireless Industry
The US Department of Labor (DOL) has proposed changes to the Form 5500 and schedules that will affect ERISA Title I group health plans of all sizes, but small group health plans should be especially aware of the changes. Certain…more
Comment Period, DOL, Employee Benefits, Employer Group Health Plans, ERISA
On Monday, the Supreme Court issues its heavily anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc. As predicted in our prior alert about this case, the Court declined to overrule the "fraud on the market" theory…more
Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton
In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex discrimination…more
EEOC, Federal Contractors, Gender Discrimination, Gender Identity, Gender-Based Pay Discrimination
On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by Dorel…more
Burden of Proof, Child Safety, Children's Products, Manufacturers, Negligence
The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount and…more
COPPA, Data Collection, FTC, Geolocation, Internet
The American Taxpayer Relief Act of 2012 (ATRA) was signed into law on January 2, 2013, ending twelve years of uncertainty concerning the federal estate, gift and generation-skipping tax rates and exemptions…more
American Taxpayer Relief Act, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer
On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show…more
CFTC, Energy Market, Energy Sector, FERC, Fines
On July 13, in the first federal appellate court decision to address the constitutionality of a state renewable energy mandate, the Tenth Circuit Court of Appeals squarely rejected an industry-group challenge to Colorado's…more
Electricity, Interstate Commerce, Renewable Energy
We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter.
Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation -
Arbitration, B Corporation, Banks, CFPB, Class Action
Advances in oil and gas production technology, such as horizontal drilling and hydraulic fracturing, have dramatically increased the production of oil and gas in the United States by unlocking shale gas and other resources that…more
Bureau of Land Management, Clean Air Act, Department of the Interior, Fracking, Mineral Leases
On June 20, 2013, in American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court held that, under the Federal Arbitration Act, courts cannot invalidate a class arbitration waiver on the ground that the plaintiffs'…more
American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action
The United States Supreme Court recently held in King v. Burwell that the Affordable Care Act (ACA) permits individuals to receive health insurance premium subsidies through federally-facilitated exchanges (in addition to…more
Affordable Care Act, Employer Group Health Plans, Health Insurance, Health Insurance Exchanges, Individual Mandate
Subcontractors and suppliers take careful note. Last week, the Minnesota Supreme Court issued a ruling in which it admitted that a statute created "a trap for the unwary" subcontractor or supplier that files a claim under the…more
Bonds, Contractors, Payment Bonds, Statutory Interpretation, Subcontractors
E-Verify is notifying its participants that effective January 1, 2015, E-Verify transaction records more than 10 years old will be deleted from…more
E-Verify, Employer Liability Issues, ICE, Immigration Records, USCIS
The CFTC has published a proposed supplement to its December 2013 proposed rule on position limits* that would, among other things, authorize designated contract markets and swap execution facilities ("exchanges") to administer…more
Bona Fide Hedging, CFTC, Comment Period, Designated Contract Market, Exemptions
Recently, the U.S. Food and Drug Administration (FDA) has issued a flurry of guidance and draft guidance in an effort to better define the types of products that the FDA will choose to actively regulate. In one of these…more
Distributors, FDA, Healthcare, Manufacturers, Medical Device Accessories
The Commodity Futures Trading Commission (CFTC) is increasingly taking action on inaccurate reporting by market participants. In the past year, the CFTC has entered into three settlements with market participants for filing…more
CFTC, Enforcement Actions, False Reporting, Reporting Requirements
The recent passage of marijuana-use legislation in states around the country raises new issues for employees and employers alike. Twenty-three states and the District of Columbia permit some form of "legalized" marijuana. Eight…more
Coats v Dish Network, Decriminalization of Marijuana, Drug Testing, Employment Policies, Marijuana
The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor to…more
Article 29 Working Party (WP29), Binding Corporate Rules, Cybersecurity, Data Protection Authority, Edward Snowden
It is estimated that six million seniors are subject to financial elder abuse each year. Financial elder abuse can take many forms: deceptive advertising for products with hidden charges or that simply do not work as promised;…more
Elder Abuse, Elder Issues, Exploitation, Financial Abuse, Power of Attorney
In his recent budget recommendations, Minnesota Governor Mark Dayton proposed a drastic change in Minnesota income tax law that will affect residents of so-called snowbird states—such as Florida, Arizona, California and…more
Domicile, Income Taxes, Residency Requirements, State Budgets
The Telephone Consumer Protection Act (TCPA) limits the use of automated dialing equipment to make calls or send text messages to wireless phone numbers without the called party's express prior consent. Because utility companies…more
Energy Sector, FCC, Power Outages, Robocalling, TCPA
In This Issue:
- Introduction
- Minnesota Public Benefit Corporation Legislation
- Effective Date
- Types of Public Benefit Corporations
- Establishment of a Public Benefit Corporation
- Name
Choice of Entity, Public Benefit Corporation
On April 18, 2013, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking recommending approval of the Version 5 Critical Infrastructure Protection Reliability Standards proposed by the North American…more
Critical Infrastructure Sectors, Cybersecurity, Data Protection, FERC, NERC
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced a long awaited and highly controversial proposed rule that, if adopted, would prohibit certain financial services companies from banning consumer class…more
Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers
The U.S. Equal Employment Opportunity Commission issued two final rules May 16, 2016 that guide employers on the manner with which their wellness programs that ask health-related questions and/or require participants to undergo…more
ADA, Affordable Care Act, EEOC, Employee Benefits, Employer Group Health Plans
The main goals for President Obama's "Climate Action Plan" are to cut carbon emissions (and cut greenhouse gas emissions in general to 17% below 2005 levels by 2020), prepare the country for the impacts of climate change and…more
Barack Obama, Climate Change, Greenhouse Gas Emissions, Infrastructure, Renewable Energy
The Internal Revenue Service has released the 2015 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans…more
COLA, Employee Benefits, IRS, Retirement Plan
This week, the Federal Reserve Board, CFPB, FDIC, NCUA and OCC issued guidance regarding the agencies' supervisory expectations for deposit reconciliation on consumer accounts. The agencies summarized their observations on…more
Bank Accounts, Banking Sector, CFPB, Deposit Accounts, FDIC
On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with…more
Borrowers, Contracts Clause, Fannie Mae, Foreclosure, HAMP
This month, Institutional Shareholder Services Inc. (ISS) issued its 2015 Proxy Voting Guidelines for the upcoming proxy season, which include the new "Equity Plan Scorecard." As stated by ISS in connection with its October 15,…more
Equity Plans, ISS, Proxy Season, Proxy Voting Guidelines
As we noted in Parts 1 and 2 of this series, any buyer of assets from a company in any degree of financial stress should be concerned about the transaction being attacked as a fraudulent transfer. Officers and directors of a…more
Bankrtupcy Code Section 550, Commercial Bankruptcy, Fraud, Fraudulent Transfers, Remedies
The Minnesota legislature recently passed a bill significantly amending Minnesota's prompt payment statute. The revised statute specifically authorizes contractors and subcontractors of any tier to stop work if they are not paid…more
Construction Contracts, Construction Industry, Construction Project, Contractors, New Amendments
On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service. This case addressed the extent to which employers must accommodate pregnant workers under the Pregnancy Discrimination Act (PDA)…more
ADA, Best Practices, Employment Discrimination, FLSA, Pregnancy Discrimination
In a decision expected to have far-reaching impact for businesses, the National Labor Relations Board (NLRB) issued a decision on August 27 which alters the test for determining joint-employer status. Browning-Ferris Industries…more
Browning-Ferris Industries of California Inc., Collective Bargaining, Franchisee, Franchisors, Joint Employers
The Protecting Americans from Tax Hikes Act of 2015, also known as the PATH Act, was enacted by Congress at the end of 2015. Below are the highlights from that legislation.
Tax extenders are…more
Affordable Care Act, IRA, IRS, New Legislation, Popular
On June 13, the final administrative rules implementing the MNvest intra-state crowdfunding exemption were adopted. The MNvest Rules were first proposed back in November of 2015. Yesterday's publication in the Minnesota State…more
Capital Raising, Crowdfunding, Cybersecurity, Funding Portal, Investment
The Consumer Financial Protection Bureau (CFPB) released a proposed rule Thursday that would significantly increase consumers' ability to sue banks and other financial service providers. The proposal, which has been highly…more
Arbitration, Arbitration Agreements, Banking Sector, CFPB, Class Action
Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme Court…more
CO Supreme Court, Construction Defects, Construction Industry, Construction Loans, Contractors
On June 24 the CFPB published its proposed rule for extending the effective date for implementation of the Know Before You Owe Rule to October 3, 2015. The public has until July 7 to submit comments…more
Yesterday, President Barack Obama signed into law the Defend Trade Secrets Act (DTSA), which passed the U.S. Congress last month. Under this new law, an owner of a trade secret may bring a civil action in federal court for the…more
Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Intellectual Property Protection
Enfish, LLC v. Microsoft Clarifies Which Patents are Not Direct to "Abstract Ideas" -
Last week, in Enfish, LLC v. Microsoft Corp., 2016 WL 2756255 (Fed.Cir. 2016), a panel of the U.S. Court of Appeals of the federal…more
Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Microsoft, Patent-Eligible Subject Matter
On April 12, 2016, the Missouri Court of Appeals for the Eastern District handed down an opinion Crafton Contracting Company, et al. v. Swenson Construction, Inc., that is of interest to owner/landlords, their lenders, tenants…more
Commercial Leases, Commercial Tenants, Landlords, Mechanics Lien, Property Improvements
On May 15, the Federal Energy Regulatory Commission proposed to modify its policy concerning open access and priority rights to capacity for interconnection only transmission facilities. This proposal, if implemented, will…more
FERC, Interconnections, Rulemaking Process, Safe Harbors, Waivers
While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who has…more
Arbitration, Arbitration Agreements, Arbitration Awards, Burden of Proof, Class Action
On March 21, Minnesota made multiple gift tax and estate tax revisions. Those include:
- Retroactively repealing the Minnesota gift tax that had been imposed since July 1, 2013..…more
Capital Gains, Estate Tax, Gift Tax, Gift-Tax Exemption, Portability
On June 6, 2016, the OTC Markets Group Inc., the entity operating three major over-the-counter marketplaces ("OTC"), submitted a rulemaking petition to the SEC. The petition asked the SEC to amend Regulation A+ to allow fully…more
Blue Sky Laws, Capital Raising, Exemptions, Financial Markets, JOBS Act
The unsecured creditors committee in the bankruptcy case of the Archdiocese of St. Paul and Minneapolis today released a video inviting survivors of clergy abuse to file a claim before the August 3, 2015, deadline…more
Child Abuse, Clergy Members, Commercial Bankruptcy, Creditors, Religious Institutions
On February 2, 2016, representatives from the European Commission and the United States announced a preliminary agreement on the "Privacy Shield," a framework that legitimizes transfers of personal data from the EU to the U.S…more
CJEU, Data Protection Authority, EU, EU-US Privacy Shield, FTC
Invoice "factoring" is a financing arrangement in which a subcontractor sells outstanding invoices to a factoring company. Here's how it works…more
Construction Contracts, Contractors, Estoppel, Factoring, Financing
Several months ago, the 7th Circuit Court of Appeals upheld the Federal Energy Regulatory Commission's (FERC) order overriding contracts between the Midcontinent Independent System Operator (MISO) and incumbent utilities giving…more
FERC, MISO, Right of FIrst Refusal, Transmission Planning, Utilities Sector
Existing human trafficking-related prohibitions for federal contractors and subcontractors were strengthened recently by the Obama Administration. While there has been an Executive Order outlawing certain "human trafficking…more
Executive Orders, Federal Contractors, Foreign Suppliers, Human Trafficking, Obama Administration
The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's…more
Anti-Indemnification Statutes, Construction Contracts, Indemnity Agreements, Liability Insurance, Negligence
The renewable electricity production tax credit and the energy investment tax credit currently offer taxpayers a tax credit for energy produced from qualified facilities. For the PTC, the tax credit covers a ten-year period. For…more
American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Production Tax Credit
On November 20, 2013, the Minnesota Supreme Court issued its long-awaited decision in the case of Helmberger v. Johnson Controls, Inc. The Court ruled in favor of Johnson Controls, Inc. (JCI) and its subcontractor, Architectural…more
Architects, Contractors, Disclosure Requirements, School Districts, Subcontractors
The Minnesota Supreme Court decided Rochester City Lines, Co. v. City of Rochester last week, applying the "unreasonable, arbitrary, or capricious" standard to the best value bidding of public contracts, describing how that…more
Bad Faith, Competitive Bidding, Construction Industry, Public Contracts
On January 21, 2016, the Federal Trade Commission (FTC) announced that the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) thresholds will be increased. The FTC also announced that it has revised the thresholds…more
Filing Requirements, FTC, Hart-Scott-Rodino Act, The Clayton Act, Threshold Requirements
The SEC's Office of Compliance Inspections and Examinations, or OCIE, recently issued a risk alert titled "Examinations of Advisers and Funds That Outsource Their Chief Compliance Officers." According to the alert, OCIE staff…more
Chief Compliance Officers, Investment Management, OCIE, Outsourcing, SEC
The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring "informed consent" to, or "full disclosure" of, arbitration clauses in attorney retainer agreements. Although the First…more
Arbitration, Arbitration Agreements, Federal Arbitration Act, Mandatory Arbitration Clauses
On December 18, 2015, the landscape improved for individuals and businesses looking to invest in affordable housing, economic development and renewable energy projects. Congress passed and the President signed into law the…more
Affordable Housing, Construction Industry, Economic Development, Energy Sector, LIHTC
As you already know, the "Buy America" Act (BAA), 41 U.S.C. §8303 and 48 C.F.R. §25.100-206, requires, in general, use of materials produced in the United States on federal construction projects. Failure to comply with this Act…more
Buy American Act, Construction Industry, False Claims Act (FCA), Procurement Guidelines, Trade Agreements
In This Issue:
- Employers Should Review Internship Programs for Legal Compliance
..The Department of Labor's Six-Factor Test
..Unpaid Internships in the News
..Practical Guidance
- Developments in Equal…more
DOL, Employer Liability Issues, Employer Mandates, Equal Pay, Flexible Spending Accounts
Minnesota Governor Mark Dayton signed into law today an Omnibus Energy Bill that includes a series of provisions directed at encouraging investment, development and use of solar energy in Minnesota…more
For private equity funds, along with their managers, sponsors, investors, and portfolio companies paying or receiving transaction-based fees, the recent announcement by the Securities and Exchange Commission (SEC) of a settled…more
Broker-Dealer, Financial Markets, Investment Adviser, Private Equity Funds, Registration Requirement
The Supreme Court recently issued a decision in Universal Health Services v. United States ex rel. Escobar, and construction contractors should take note in order to better understand the broad reach of liability and hefty…more
False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Healthcare Fraud, Implied Certification
The U.S. Supreme Court ruled Tuesday, May 26 that a good-faith belief that a patent is invalid is not a defense to a claim of inducing infringement. Commil USA, LLC v. Cisco Sys., Inc., No. 13-1986 (May 26, 2015). The Supreme…more
Cisco v CommilUSA, Good Faith, Infringement, Intellectual Property Litigation, Patent Infringement
Stinson Leonard Street attorney Keith Moheban led a team of attorneys that won an important decision for firm client BMO Harris Bank at the Minnesota Supreme Court Feb. 18, 2015. Construing Minnesota's Uniform Fraudulent…more
Commercial Bankruptcy, Fraudulent Transfers, Ponzi Scheme
On January 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced proposed revisions to the Employer Information Report (EEO-1) that will require collection of pay data from employers with more than 100…more
Comment Period, Data Collection, EEO-1, EEOC, Pay Discrimination
On October 15, 2014, the Internal Revenue Service (IRS) and the Department of the Treasury proposed to remove the deemed 36-month non-payment testing period from the list of identifiable events that trigger the requirement to…more
Banking Sector, Banks, Debt, Dischargeable Debts, Internal Revenue Code (IRC)
"The judgment is affirmed by an equally divided Court." With that one sentence, the Supreme Court case of Hawkins v. Community Bank of Raymore, Case No. 14-520 came to an end. The first 4-4 decision from the Court since the…more
Commercial Loans, ECOA, Guarantors, Hawkins v Community Bank of Raymore, Regulation B
On March 28, 2013, Michigan's "right-to-work" law, the Workplace Fairness and Equity Act, went into effect. The law prohibits any requirement that an employee pay union dues or join a union as a condition of employment. The…more
Collective Bargaining, Right to Work, Union Dues, Unions, Wages
The Centers for Medicare & Medicaid Services (CMS) published the Reporting and Returning of Overpayments Final Rule (Final Rule) on February 12, 2016. The Final Rule implements Section 6402(a) of the Affordable Care Act, which…more
60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules
The Tribal Employment and Jobs Protection Act (H.R. 3080) could have a big impact on tribes if it becomes law. The legislation, which was passed by the U.S. House Ways and Means Committee June 15, seeks to exempt Native American…more
Affordable Care Act, Employer Mandates, Exemptions, Health Insurance, Internal Revenue Code (IRC)
On December 15, 2014, the Securities and Exchange Commission charged Bruker Corporation with violating the Foreign Corrupt Practices Act by making $230,000 in improper payments to Chinese government officials to win business…more
Bribery, Bruker, China, Enforcement Actions, FCPA
Yesterday, the Department of Labor announced its long-awaited final regulations, which are poised to greatly expand the number of employees who are eligible for overtime pay. This rule will go into effect on December 1, 2016…more
DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary
A recent ruling by the U.S. District Court for the District of Columbia puts the privileged status of internal investigations conducted by internal resources at risk.In U.S. ex rel. Harry Barko v. Halliburton Company, the court…more
Attorney-Client Privilege, Corporate Counsel, Internal Investigations, Professional Liability, Work Product Privilege
The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized. In three…more
ADA, CMS, Compliance, Corporate Counsel, DOL
The institutional debt market for energy projects is fired up, particularly for Term B Loan refinancing…more
Ben Bernanke, Borrowers, Debt Market, Federal Reserve, Lenders
In connection with the SEC meeting of the Advisory Committee on Small and Emerging Companies, the SEC posted a presentation which deals in part on secondary trading of Regulation A+ securities. Among other things, it includes…more
Capital Raising, Crowdfunding, Emerging Growth Companies, FINRA, Funding Portal
The FDIC issued a special edition of Supervisory Insights, "A Community Bank Director's Guide to Corporate Governance: 21st Century Reflections on the FDIC Pocket Guide for Directors." This special corporate governance edition…more
Banking Sector, Board of Directors, Community Banks, Corporate Governance, FDIC
In Steinberg v. Commissioner, 145 T.C. No. 7 (September 16, 2015), an 89 year old donor made a $109 million taxable gift to her four daughters. The gift was made after the donor and the daughters entered into a gifting agreement…more
Estate Tax, Gift Tax, IRS, Tax Court, Tax Liability
Just before midnight on May 20, 2013, the Minnesota Legislature passed the Omnibus Tax Bill…more
Estate Planning, Gift Tax, New Legislation
Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations -
Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations under…more
Energy Sector, Exclusive Jurisdiction, Federal Power Act, FERC, Natural Gas Act
On March 25, 2015 the U.S. Supreme Court issued its decision in Young v. United Parcel Service. It was anticipated that the decision would provide clarity regarding the extent to which an employer must provide accommodations to…more
ADA, Disparate Treatment, PDA, Pregnancy Discrimination, Reasonable Accommodation
In response to several recent high profile incidents involving crude by rail, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a comprehensive rulemaking proposal on July 23, 2014, related to improving…more
Department of Transportation (DOT), Energy, Hazardous Substances, Oil & Gas, PHMSA
A bank manager decides to update the bank's website. The IT manager assigned the project wants to include photographs and images to enhance the information on the website. The IT manager uses several photographs from the…more
Copyright, Photographs, Popular, Public Domain, Right of Publicity
During the 2013 legislative session, the Minnesota Legislature considered and passed a number of bills affecting Minnesota employers…more
Assistive Animals, Good Faith, Medical Leave, Minimum Wage, New Legislation
On April 20, 2015, the Office of Inspector General in the U.S. Department of Health and Human Services (OIG), together with the Association of Healthcare Internal Auditors (AHIA), the American Health Lawyers Association (AHLA)…more
Board of Directors, Chief Compliance Officers, Corporate Governance, Health Care Providers, Healthcare
The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion of…more
Advertising, Auto Manufacturers, Automotive Industry, Class Action, Merchandising Rights
As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,…more
Advertising, Children's Products, False Advertising, FTC, FTC Act
This case is the product of yet another dispute in the extensive, multi-billion dollar fraud perpetrated by Tom Petters. In 2005, as the sole board member of Petters Group Worldwide, LLC ("PGW"), Petters directed the acquisition…more
Commercial Bankruptcy, Fraud, Fraudulent Transfers, Ponzi Scheme, Trademarks
On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the long-awaited HIPAA final omnibus rule (Final Rule)…more
Covered Entities, Final Rules, HHS, HIPAA, HIPAA Omnibus Rule
For the second time in as many months, the Federal Energy Regulatory Commission (FERC) acted to eliminate undue discrimination between electric generators. Last month, FERC issued Order No. 827, which required non-synchronous…more
Electric Generation Suppliers, Electricity, Energy Sector, FERC, Power Infrastructure
This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation for regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may…more
Corporate Counsel, Eminent Domain, Popular, Property Owners, Real Estate Development
In Fifield v. Premier Dealer Services, Inc., the Illinois Court of Appeals covering Chicago held that as a matter of law, an at-will employee must remain employed for at least two years to receive consideration sufficient to…more
At-Will Employment, Employee Rights, Employer Liability Issues, Hiring & Firing, Non-Compete Agreements
On March 28, 2013, the Federal Energy Regulatory Commission issued an Order Approving Stipulation and Consent Agreement between FERC's Office of Enforcement and Entergy Services, Inc. The Agreement settles an investigation…more
Audits, Civil Monetary Penalty, Compliance, FERC, NERC
The Obama administration today issued its highly anticipated limits on methane emissions from oil and gas wells that are even tougher than those it proposed last year. It is estimated that the costs to comply will be at least 25…more
Climate Action Plan, Energy Sector, EPA, Fracking, Greenhouse Gas Emissions
On May 8, 2014, the Delaware Supreme Court held in ATP Tour, Inc. v. Deutscher Tennis Bund that a bylaw provision that shifts "all fees, costs and expenses of every kind and description (including, but not limited to..…more
ATP Tours, Attorney's Fees, Bylaws, Delaware General Corporation Law, Fee-Shifting
This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may…more
Commercial Property Owners, Eminent Domain, Energy Sector, Fifth Amendment, Just Compensation
On May 14, 2013, Governor Dayton signed a bill modifying Minnesota Statutes Sections 517 and 518. The bill enacts changes in Minnesota's marriage law, effective August 1, 2013…more
Estate Planning, Estate Tax, Income Taxes, New Legislation, Same-Sex Marriage
On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule extending its regulation of "tobacco products" to include electronic cigarettes and similar products, sometimes called Electronic Nicotine Delivery…more
E-Cigarettes, FDA, Manufacturers, Product Packaging, Regulatory Oversight
Will the FAA be ordered to draft privacy regulations?
Under the FAA Modernization and Reform Act of 2012, the Federal Aviation Administration was tasked with integrating unmanned aircraft systems (UAS) into the National…more
Airspace, Drones, Federal Aviation Administration (FAA), Privacy Concerns, Unmanned Aircraft Systems
Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees to…more
Ambush Election Rules, Email, Email Policies, Employer Liability Issues, FLSA
In Fleck v. Missouri River Royalty Corp., the North Dakota Supreme Court outlined the test that should be used to determine whether a well is producing in paying quantities to satisfy the habendum clause. That test involves both…more
Energy Sector, Exploration and Production Assets, Mineral Extraction, Mineral Leases, Oil & Gas
The Minnesota legislature concluded its business last evening with Governor Mark Dayton threatening to veto a $17 billion public education funding bill – a threat he carried through with earlier today. The governor issued the…more
Child Protective Services, Department of Health and Human Services, Education Budget, Healthcare, Infrastructure
Continued at-will employment is no longer sufficient consideration to enforce arbitration provisions in Missouri. In Baker v. Bristol Care, a recent decision of the Missouri Supreme Court, a slim majority of the Court struck…more
Arbitration, Arbitration Agreements, At-Will Employment, Consideration, Mandatory Arbitration Clauses
Businesses should carefully assess any independent contractor arrangements in light of an "Administrator's Interpretation" issued on July 15, 2015 by the U.S. Department of Labor's Wage and Hour Division (DOL). While the DOL's…more
Compliance, DOL, EBSA, FICA Taxes, FLSA
On February 11, 2016, Federal Reserve Board Chair Janet Yellen stated at a congressional hearing that the Federal Reserve is "looking at" implementing negative interest rates in the United States. Since that time the Feds…more
Banking Sector, Banks, Construction Industry, Construction Project, Contractors
The Consumer Product Safety Improvement Act (CPSIA) and the Child Safety Protection Act (CSPA) were enacted to establish regulations and testing requirements for children's products. While there are no express restrictions with…more
Children's Products, Children's Toys, Consumer Product Safety Act (CPSA), Consumer Product Safety Improvement Act (CPSIA), Trademarks
In 1986, California voters passed the Safe Drinking Water and Toxic Enforcement Act, otherwise known by its original name, Proposition 65. Proposition 65 requires the California Office of Environmental Health Hazard Assessment…more
Children's Products, Hazardous Substances, Manufacturers, OEHHA, Proposed Amendments
On Friday, December 18th, President Barack Obama signed into law the $1.1 trillion Consolidated Appropriations Act of 2016, which extended and also phased down certain renewable energy investment tax credits (ITC) and production…more
Appropriations Bill, Construction Industry, Energy Sector, Investment Tax Credits, Popular
Federal Rule of Civil Procedure 30(b)(6) allows a party to take the deposition of an organization by identifying the topics about which the party seeks information from the corporation. In response,…more
Attorney-Client Privilege, Corporate Executives, Corporate Investigations, Depositions, Rule 30(b)(6)
The City of Minneapolis is taking steps to develop an ordinance that, as now proposed, would impose dramatic new requirements for Minneapolis employers related to employee scheduling and earned sick leave. The City Council,…more
Collective Bargaining, Employee Benefits, Sick Leave, Unpaid Overtime, Wage and Hour
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Free personalized radio that
plays the music you love
Invocation To Music For Soloists, Chorus & Orchestra: III. "Thee, Fair Poetry Oft Hath Sought". Allegretto Tranquillo
Features of This Tracka Romantic-Era style
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an aria
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Fresh Goods XTR Video Special Part 3: Drivetrain and Wheels
The last in our wondrous instalment of XTR goodness. Chainset, cassettes and wheels. It's. All. Good.
Fresh Goods Special – XTR Part 1 – Brakes
Chipps unboxes some braking spangles in 2015 XTR race flavour
Fresh Goods Friday 210
What's hot in the office right now? EDIT: Now with video – win an Enduroguard from RRP!
Eurobike 2014: Women's Fashion News Part Four
Sharon's final round up of women's apparel from Eurobike featuring Gore, Shimano, Cube and Pearl Izumi
Eurobike Demo Day: Here's what caught our eye, part one
Demo Day gives the first opportunity to spot what's coming in 2015, here's what we've found so far.
Shimano Launches Dedicated Enduro Range
Packs and shoes. Can also be used for 'just riding around on your bike' too
Fresh Goods Friday 193
Fresh Goods spans the borders today, with new stuff just in, shot in Peebles and Todmorden


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New Orleans Bicycle Rentals
1. Arts District Bike Rental
1121 Margaret Place (First Block of Prytania)New Orleans, LA 70130
From Business: Jane, a known artist, has always had a passion for the city of New Orleans and the experience one has by riding a bicycle in the historic streets of the city. She w…
2. Scooter NOLA
114 Carondelet StNew Orleans, LA 70130
3. GNO Cyclery
Decent enough place I suppose. But a bit slow and I found them to be a bit snobby. I now go somewhere else with a bit less attitude and a lot more…
4. Bicycle Michael's
go to any of the other shops in town and they'll tell you at least a week on anything. GNO is particularly bad. What you don't understand mr. "…
5. Crescent City Bike Tours
626 N. Rampart StreetNew Orleans, LA 70112
6. American Bicycle Rental Co
325 Burgundy StNew Orleans, LA 70112
From Business: Look no further, you've found what you are looking for. American Bicycle Rental is a local, family owned business - we are not a national chain. Bike Rental is our …
7. Bicycle World Of Louisiana
I went over there yesterday to see about getting a bike for my nephew. I was treated with respect. They answer all of my questions regarding thei…
8. The Sports Authority
4329 Veteran's Memorial BlvdNew Orleans, LA 70112
9. RideTHISbike
231 Dauphine St.New Orleans, LA 70112
10. Nobs
I got here to NOLA last year to begin working on my graduate degree and I brought my old Diamondback bicycle with me. I had it tuned up by two othe…
11. Tagglia Triathlon Gear, Training & Events
626 N. Rampart St.New Orleans, LA 70116
From Business: About Us Tagglia brings together Bicycle Riders and Manufacturers! For CyclistsTagglia allows bicycle enthusiast to connect directly with bicycle manufacturers and …
12. Sports & Tours Who Dat Bike
1213 Eagle StNew Orleans, LA 70118
13. Big Easy Bike Tours
My wife and I (on vacation from a Chicago suburb) arranged to meet Bob at a hotel downtown New Orleans for one of his Sunday morning 8 AM 20 mile to…
14. Bayou Adventure
Great shop with extremely helpful sfaff. Great local fishing info/knowledge as well.
15. Spokesman
1848 N Causeway BlvdMandeville, LA 70471
Showing1-15 of 15results


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It's a cool and nice plugin... Good luck Justin Tadlock.
Ever since I started using this plugin my life has been easier. When about to hand off a WordPress site to a client the same questions always arise. "Can I get in to change that?" or "Do I have access to that?" which used to be met with "err...not really. Those are the areas only the admin has access to". Things like the menu, and widgets are always on these lists. So that missing role between editor and admin is where this plugin comes in. Give clients or members more access as they need it or they're ready for it without having to worry about scaring them with all the settings and theme options they won;t even really need access to. Great plugin!
This plugin should be integrated into the next version of WordPress. Simply perfect.
Members is very clean and no-frills. It allows you to restrict access based on user capabilities, without adding unnecessary overhead. Thank you, Justin, for providing such a useful and well-crafted plugin.
and perfect when your client is a featherbrain !
very good
First impresion: really great!! I didnt want that the "Shop Manager" has permisions to delete or edit users. With this plugin has been so simple to do.
Very smart work, Congratulation.
One illogical function:
"....The post author, any users who can edit this post, and users with the (restrict_content) capability can view the content regardless of role"
Users with the (restrict_content) capability MUST be restricted to view the content regardless of role.
PLEASE, Add a checkbox to allow us to restrict them.
Easy to use, exactly what I was looking for.
When I see Justin's name on something I know its quality, and his Members plugin is no exception. I've got it working flawlessly, running beside WooCommerce with no conflicts.
You must log in to submit a review. You can also log in or register using the form near the top of this page.


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Iochpe-Maxion Advances as Hayes Lemmerz Acquisition Approved
Iochpe-Maxion SA, a Brazilian auto-parts maker, jumped to a one-year high as the U.S. Federal Trade Commission approved its purchase of Hayes Lemmerz International Inc.
Shares rose 5.1 percent to 24.69 reais at the close of Sao Paulo trading, making it the best performer on the BM&FBovespa Small Cap index, which was little changed at 1,207.30.
Iochpe-Maxion said in a regulatory filing on Oct. 5 it agreed to acquire the U.S.-based rival for $702 million plus the assumption of $23 million in debt. The purchase was approved by U.S. antitrust regulators, the company said in a filing today.
"We were expecting the deal to be approved in the first half of 2012," Banco J. Safra analysts Cassio Lucin and Caroline Dalago wrote in a note to clients. "As a result, we should see a stronger 2012 first quarter."


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Well, this whole Top 11 games thing is getting tiresome, boring, and was a bad decision. I'll try to write about more interesting things (in a more interesting way) in the future. So, without further ado, for those interested, here are the remaining games (kind of ironic that I have relatively huge write-ups for the 'least wanted' of the bunch, huh?)
#6: Spore - ridiculous potential.
#5: Metroid Prime 3: Corruption - perfect first person shooting with the Wiimote? Sign me up.
#4: Super Smash Bros.: Brawl - IT WILL BE ONLINE!
#3: Bioshock - Same reason as Spore lol.
#2: Super Mario Galaxy - the REAL sequel to Mario 64.
#1: Mass Effect
Everything about this game looks amazing. From the battle system, to the story, to the interface. The innovative conversation system looks kick ass, immersing you in the game like you never have been before. Even driving around in your little ATV thing looks like hell of a lot of fun. If Bioware can bring everything together (and I think they will) this will easily be the best game of the year.
Well, that's it. Up next: a few (or one) conspicuously absent game as well as other honorable mentions.


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Bacon: A Love Story Paperback – June 22, 2010
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Editorial Reviews
From Publishers Weekly
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. --This text refers to an out of print or unavailable edition of this title.
From the Back Cover
It's salty, smoky, and sweet. It can make almost any dish better. It's bacon, and it's the best meat ever!
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You forgot to tour the factory farms where these pigs are tortured and boiled alive. Enjoy your heart disease. No love in this book whatsoever.Published 21 months ago by DWT78
A disgusting book which advocates the exploitation and murder of highly intelligent sentient beings. Shame on you Amazon for allowing this trash in your catalogue.Published 21 months ago by Debbie Bemister
Another book advocating the speciesist ideology that involves the exploitation, abuse, and violent killing of other animals. Read morePublished 21 months ago by Timothy J Oseckas
There is no love in animal production; only cruelty, pain and suffering. These poor beings are tortured for their entire lives. What a disgusting mockery of abuse and oppression.Published 21 months ago by Nicole Z.
More like a story of animal suffering, abuse, and murder! Horrible!Published 21 months ago by seakitten


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Hector Rondon converted his 17th save with a scoreless inning Friday against the Brewers.
Hector Rondon retired the only two batters he faced to nail down his 16th save of the season in Monday's win over the Mets.
Hector Rondon earned his 14th save of the season Sunday in the Cubs' 6-5 defeat of the Pirates.
Hector Rondon pitched the last four outs of the game to earn his 13th save of the season on Friday.
Hector Rondon blew his second save in as many days as the Cubs fell to the Nationals on Wednesday.
Hector Rondon blew his first save of the season but earned a victory in Tuesday's win over the Nationals.
Hector Rondon allowed a solo homer but hung on to record his 11th save of the season in Monday's win over the Phillies.
Cubs manager Joe Maddon said Hector Rondon (back) was available to pitch Thursday against the Dodgers.
Hector Rondon (back) threw on the field Thursday morning and reported feeling fine.
Hector Rondon told reporters Thursday morning that his sore back is feeling better.
Cubs manager Joe Maddon said that Hector Rondon was unavailable for Wednesday's 2-1 win over the Dodgers because of back stiffness.
Hector Rondon nailed down his ninth save of the season with a perfect ninth inning in Monday's win over the Dodgers.
Hector Rondon tallied his eighth save of 2016 as the Cubs beat the Cardinals on Wednesday.
Hector Rondon struck out two in a scoreless ninth inning to earn his seventh save against the Padres on Tuesday.


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2 Reviews
Very tasty, nice presentation, and quite easy to prepare. (Except for the butterflying. Next time I'd get that done at the butcher shop.) I used skirt steak, but with the marinating and slow cooking, it was plenty tender. I also substituted grated carrots, and added a couple of spoons of tomato sauce in the marinade. I think I would include a bay leaf next time, and it could support a little more spinach, if you happen to like spinach.
This was a very different/out of the ordinary meal which we enjoyed. I halved the recipes with few problems but I did have trouble rolling it all up together - however I think this may have been my inexperience with butterflying the flank steak and I also think my steak was a bit smaller than called for in the recipe. Thanks for sharing!


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This is the function: $$f(x,y)=xye ^{-x-y}$$ I have trouble finding critical points and fxx, fyy and fxy. I think fx is $$fx=(x-1)y(-e ^{-x-y)}$$ $$fy=x(y-1)(-e ^{-x-y)}$$
The partials are $${f_x} = y{e^{ - x - y}}(1 - x)$$ $${f_y} = x{e^{ - x - y}}(1 - y)$$ so your answers are correct. With these you can find ${f_{xx}}$, ${f_{yy}}$ and ${f_{xy}}$ using the product rule and the chain rule.
Notice the exponential function is always positive(or negative). So, for $f_x = 0$, you have either $x = 0$ or $y =0$ and in the $f_y = 0$, you have $x = 0$ or $y=1$. Now, what are the critical points???? You know should be able to find them.


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Submitted by Lee Fyfe
Share More
Stephen Gilberg:
November 1, 2013 at 6:56 pm
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Tanae Stall:
November 2, 2013 at 1:04 am
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Alison Easton:
January 30, 2014 at 5:05 pm
Percy McMurphy:
March 25, 2014 at 5:55 pm
Pokemon anime joke, hope you get this: That's one thing Cilan hasn't claimed to be.
Gabriel Manzanares:
August 18, 2014 at 1:37 am
A penis connoisseur? hahaha! we know where have you been all this time.
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