
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 15, 2013

Partner
201-896-7095 jglucksman@sh-law.comThe U.S. Department of Justice saw its lawsuit against the American Airlines-US Airways merger weakened this week after Texas Attorney General Greg Abbott announced that his state was dropping out of the case.
The loss of the state’s support comes as a blow to the federal agency, because American Airlines is based in Dallas-Fort Worth and the merged company would be headquartered there, USA Today reports. Abbott noted that he reached a settlement with the airlines, under which the merged airline will maintain scheduled daily service to more than twenty airports in Texas. The airlines announced they were pleased with Abbott’s decision, which eliminates another obstacle in their push to merge.
“We are very pleased that Attorney General Abbott worked with us and carefully considered the facts of the merger, and we appreciate his willingness to engage in a productive dialogue,” American CEO Tom Horton and US Airways CEO Doug Parker said in a joint statement. “We know all of you are pleased with this news as well and we thank you for making sure your voices were heard.”
Although Texas dropped out of the suit, Arizona, Florida, Michigan, Pennsylvania, Tennessee, Virginia, and the District of Columbia still support the federal agency’s anti-trust case.
The Justice Department has faced several obstacles in its quest to prevent US Airways and American Airlines from merging. In September, U.S. Bankruptcy Judge Sean Lane approved American’s reorganization plan, allowing it to successfully emerge from Chapter 11 bankruptcy law protection. Exiting bankruptcy proceedings was a key provision for the American-US Airways agreement. As an added hit, the Justice Department’s request for a temporary delay in the lawsuit as a result of the government shutdown was quickly rejected by the federal court. The two-week trial is set to begin as scheduled on Nov. 25.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!