Engaging in cooperation with the Securities and Exchange Commission (SEC) can yield significant benefits for companies, even though the specifics of the SEC’s cooperation program remain unclear. The SEC has long relied on its Seaboard Report of Investigation to frame the agency’s cooperation program. This document delineates the regulatory structures for corporate self-policing, reporting, cooperation,…
In an unprecedented day of activity, the Office of Prescription Drug Promotion (OPDP), a branch of the Food and Drug Administration (FDA), issued two Notice of Violation (NOV) letters on the same day. Both these notices centered around issues found within direct-to-consumer (DTC) promotion practices, raising important points for legal professionals to consider when advising…
In the sphere of legal mediation, fostering rapport stands as a crucial element, often serving as the linchpin for reaching successful settlements. As most mediators concur, establishing rapport is pivotal in bringing parties to a common ground. The following discussion seeks to highlight key principles regarding how mediators build this essential rapport with involved parties….
Historically, legal professionals have drawn from a vast array of experiences to better serve their clientele, and military service has played an invaluable role in moulding a distinct brand of mediators. The unique perspective brought to the table by veteran mediators often stems from their rich history of service and shared values of duty, honor,…
Over the past decade, climate change and its impacts have been embraced as serious concerns within the legal sphere, particularly for corporations and law firms operating on a global scale. A prime example of this shift can be seen in the amendments made to the Massachusetts Contingency Plan (MCP). Effective from March 1, 2024, the…
In late-stage development, the Centers for Medicare & Medicaid Services (CMS) have drafted a set of new regulations for Programs of All-Inclusive Care for the Elderly (PACE). The proposed changes would directly affect how PACE organizations handle complaints, address service requests from PACE participants, as well as alter CMS’ supervision of PACE organizations’ remediation steps…
Recology Inc., on November 13, 2023, confirmed that it had indeed fallen prey to a cyberattack. The evaluation and understanding of the potential damage caused by the incident are underway as Recology, an integrated resource recovery company, conducts a thorough internal investigation. At this time, the possibility of a data breach, that could potentially also…
In any construction project, risk and dispute management play pivotal roles. As outlined by Ankura, these aspects are not only crucial during crises but should intrinsically be incorporated throughout the lifecycle of a project to safeguard its success. The lifecycle of a construction project generally incorporates five phases, each with its unique challenges and opportunities…
The U.S. Environmental Protection Agency (EPA) is reportedly considering stringent measures that could potentially require billions of dollars for PFAS remediation at previously “closed” Brownfield sites. These sites, which have been remediated for other chemicals, could be revisited if investigations reveal a significant presence of PFAS. The potential decision comes after a conversation with an…
Environmental, Social, and Governance (ESG) standards are rapidly becoming a pivotal aspect of supplier agreements, propelled by new regulations such as the EU’s Corporate Sustainability Reporting Directive (CSRD) and California’s Corporate Data Accountability Act (CCDAA). These impending laws are set to necessitate reporting on suppliers’ carbon footprints and other sustainability metrics by both medium and…
James Beers has recently expanded his legal career by transitioning as a partner with Troutman Pepper Hamilton Sanders. He takes on the vital role in the environmental and natural resources practice, based in the heart of US power, Washington D.C., as confirmed by the firm. Beers was previously associated with Preti Flaherty, where he nurtured…
The International Association of Sheet Metal Air Rail Transportation Workers (“SMART”) has acknowledged a recent data breach, which has compromised the sensitive information of its members. This incident was publicly reported in a notice of data breach filed with the Attorney General of Maine on November 10, 2023. The notice, as covered by JD Supra,…
Despite a resurgence of activity in many sectors following the COVID-19 pandemic, civil filings at San Francisco County Superior Court have remained at a low ebb, according to the court’s most recent data. This unusual pattern has instigated a wave of speculation among industry experts who are wondering if perhaps an increase in arbitration and…
The recent imposition of additional burdens on employers responding to union recognition demands by the Labor Board’s General Counsel is an issue of concern for legal professionals globally. With the introduction of the recent memo from GC Jennifer Abruzzo, employers are faced with increased responsibilities when confronted with bargaining orders in response to unfair labor…
In such times with the surge in cybercrimes, the health care sector has remained a consistent primary target for hackers, particularly data breaches. The recently published 2023 IBM Security Cost of a Data Breach Report underscores this pressing issue, showing that cyberattacks persisting in the health care industry still lead the most costly remediation list…
A recent legal discussion has brought to light the complex issue of dispute resolution within corporate entities and the significant role played by board members, with some equating them to being both judge and jury in such matters. Consider the scenario, much like the one brought to life by Lerch, Early & Brewer in their…
In the face of potential legal turmoil, corporates often wrestle with the dilemma – Should a company self-disclose major instances of fraud? The recent HealthSun declination provides a strong response: yes. Upon self-analysis, if your company realizes that it has overcharged the government upwards of $50 million, and the deception was orchestrated by a senior…
A bankrupt prison healthcare corporation, name undisclosed, has recently announced its intentions to revisit and redo a mediation process that had previously resulted in an agreement with creditors. This reevaluation comes following an unexpected twist in the legal process: the presiding bankruptcy judge admitted to a romantic relationship with an attorney participating in the negotiations….
In an update on environmental justice, New Jersey has put forth new guidance to promote the use of green and sustainable technologies in remediation. The move stands in the context of an ongoing trend towards increasing costs related to the cleanup of environmentally impacted real estate. The drivers behind this trend are multifaceted and include…
Recently, a Delaware bankruptcy judge guided mortgage lender AmeriFirst Financial and its creditors to embark on a mediation process. The purpose of this mediation is to reach an understanding for a financing order. The creditors are of the belief that such an order may deter them from contesting any releases of claims against the AmeriFirst’s…
Corporate dispute resolution often represents an intricate layer of the legal landscape. Conflicts involving a company’s top brass—its directors and officers—can add further levels of complexity. Primarily, these complications arise due to the nature of the claims, more often, derivative claims brought on behalf of the corporation or Limited Liability Company(LLC). Ostensibly, the corporation seems…
In a significant development, the U.S. Environmental Protection Agency (EPA) could mandate additional examinations and clean-ups related to Per- and polyfluoroalkyl substances (PFAS) at properties that were already considered remediated. This information comes from a conversation between Sarah Mattalian, an Inside EPA reporter, and an EPA official, highlighting the agency’s deepening commitment to managing the…
Managing risks, especially those associated with third parties, is akin to walking a tightrope – you’re making calculated, deliberate moves with high stakes looming around. The topic features as part three of an insightful series on managing risks, further underlined by the symbolism of the tightrope walker, as brought to the fore by NAVEX. In…
On the 26th of July, 2023, a significant legal communication was issued by three key United States government bodies; the Department of Justice (DOJ), the Department of Commerce’s Bureau of Industry and Security (BIS), and the Department of the Treasury’s Office of Foreign Assets Control (OFAC). These departments collectively released a Tri-Seal Compliance Note titled:…
As international regulatory bodies continue to grapple with the complexities of managing per- and polyfluoroalkyl substances (PFAS) in groundwater, one thing is clear – a consistent approach is far from realized. State-level agencies across the United States, facing a void of federal guidance on PFAS remediation, have started implementing their own objectives. This situation has…