EI News and Notes

Economists Ink: A Brief Analysis of Policy and Litigation

Exelon Obtains Approvals to Acquire Constellation Energy

EI Principal John R. Morris assisted Exelon Corporation in obtaining approvals of its proposed acquisition of Constellation Energy. Exelon owns electric utilities in Chicago and Philadelphia and Constellation owns Baltimore Gas & Electric. The parties and the U.S. Department of Justice agreed to the divestiture of the Brandon Shores, Crane and Wagner plants. The Maryland Public Service Commission approved the merger with the proposed divestitures and additional conditions accepted by the merging parties. EI worked closely with the law firms of Skadden, Arps, Slate, Meagher & Flom and Saul Ewing on the matter.

Study of Copyright Industries

“Copyright Industries in the U.S. Economy: The 2011 Report,” a study by EI Principal Stephen E. Siwek, was recently released by the International Intellectual Property Alliance. The study describes the economic impact and contributions of U.S. industries creating, producing, and distributing theatrical films, TV programming, home video, DVDs, business software, entertainment software, books and journals, music and sound recordings. In 2010, the copyright industries accounted for over $1.6 trillion or 11% of U.S. Gross Domestic Product. These industries also employed more than 10.6 million workers, over 9% of all U.S. private employment.

Litigation Involving Attorney Fees

Plaintiff Dick Anthony Heller, who had prevailed in his suit challenging the constitutionality of the District of Columbia’s ban on handgun possession, sought to receive an award for attorney fees from the District. EI Vice President Laura A. Malowane submitted a declaration on behalf of the defendant, which stated that the long-established Laffey Matrix was an appropriate tool to use for determining attorney fees in the matter. In rejecting the plaintiff’s request for use of an alternative fees matrix, the court accepted the Laffey Matrix and cited Dr. Malowane’s testimony that law firm size is an important factor to consider when evaluating evidence of prevailing market rates of attorneys. Dr. Malowane worked with attorneys from the Office of the Attorney General for the District of Columbia.