Mediation

EPA Considers Additional PFAS Examinations and Remediation for Previously Cleaned Sites

Pieter Gunst03 mins

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…

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Tri-Seal Compliance Note: Crucial Guidance on Voluntary Self-Disclosure Policies

Pieter Gunst03 mins

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:…

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Navigating the Complex Landscape of PFAS Groundwater Regulations: A Challenge for Businesses and Legal Professionals

Pieter Gunst03 mins

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…

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Environmental Law Expert Scott Watson Joins Barnes & Thornburg as Partner in Grand Rapids Office

Pieter Gunst02 mins

In a recent move, Scott Watson has transitioned into a partner position at the environmental department of Barnes & Thornburg in the Grand Rapids, Michigan office. Watson possesses significant expertise in advising clients on various facets of regulatory and litigation issues that concern both federal and state environmental laws. His professional repertoire includes dealings with…

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Supreme Court Tackles Contaminated Soil Discovery in Construction: Implications for Contractual and Environmental Law

Pieter Gunst03 mins

In a recent development in the legal framework surrounding environmental concerns, the Supreme Court, Appellate Division, Second Department, New York took up a significant case dealing with issues arising out of a sewer contractor’s discovery of contaminated soil during the installation of a box storm sewer. The case is Bedford-Carp Construction, Inc. v. Brooklyn Union…

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DOJ Introduces M&A Safe Harbor Policy to Encourage Voluntary Disclosures of Criminal Misconduct

Pieter Gunst03 mins

The Department of Justice (DOJ) is introducing a Mergers & Acquisitions Safe Harbor policy. Unveiled by Deputy Attorney General Lisa O. Monaco at a Society of Corporate Compliance and Ethics event on October 4th, the policy seeks to encourage proactive, voluntary disclosures of potential criminal misconduct by acquiring companies. Under the new policy, the DOJ…

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DOJ Introduces M&A Safe Harbor Policy for Voluntary Self-Disclosure of Misconduct

Pieter Gunst03 mins

On October 4, 2023, the United States Department of Justice (DOJ) declared a standardized approach for resolving voluntary self-disclosure (VSD) of misconduct found during the course of M&A due diligence. Touted as the Mergers & Acquisitions Safe Harbor Policy (M&A Safe Harbor), this initiative represents a significant development for companies navigating the intricate landscape of…

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DOJ Introduces M&A Safe Harbor Policy Promoting Due Diligence and Self-Regulation

Pieter Gunst03 mins

The United States Department of Justice (DOJ) has recently inaugurated a Mergers & Acquisitions Safe Harbor Policy targeted towards entities that voluntarily disclose criminal conduct discovered during the acquisition of another company. As reported by Dorsey & Whitney LLP on JD Supra, the new enforcement policy could potentially serve as an incentive for acquiring companies…

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Expanding Consumer Power: Representative Actions for Redress Foster Ethical Business Practices

Pieter Gunst03 mins

Since October 13, 2023, consumer associations have had a new tool at their disposal: representative actions for redress. This legal framework offers an alternative route for consumers to seek remediation from companies who fall short of their performance claims. More details are available in this report provided by Allen & Overy LLP, a renowned global…

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DOJ Introduces M&A Safe Harbor Policy to Encourage Self-Disclosures and Compliance Alignment

Pieter Gunst03 mins

On October 4, 2023, the U.S. Department of Justice (“DOJ”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy, with an aim to spur self-disclosures and provide more predictability for companies in the M&A arena. This policy recognizes the potential compliance benefits when a company with an effective compliance program acquires and constitutes a…

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Successor Liability and Environmental Risks: Navigating Corporate Transactions

Pieter Gunst03 mins

In the ever-evolving landscape of corporate law, environmental liabilities have emerged as a significant concern, made all the more pressing by escalating public awareness and increasing regulatory measures. A recent article posted on JD Supra delves into the concept of successor liability, particularly in relation to environmental cleanup costs. With the total worth of commercial…

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DOJ’s Mergers & Acquisitions Safe Harbor Policy: Encouraging Corporate Transparency and Ethical Compliance

Pieter Gunst03 mins

In recent developments this October, Lisa Monaco, the Deputy Attorney General, publicly shared insights about the Department of Justice’s (DOJ) newly implemented Mergers & Acquisitions Safe Harbor Policy during her remarks at the Society of Corporate Compliance and Ethics’ 22nd Annual Compliance & Ethics Institute. JD Supra reports on it more comprehensively. The new Safe…

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Incentivizing Compliance: Albemarle Case Highlights New DOJ Enforcement Policy’s Benefits and Limitations

Pieter Gunst05 mins

In January, the Department of Justice announced new revisions to its corporate enforcement policy related to voluntary self-disclosure, cooperation, and remediation. The goal of these revisions is to incentivize companies that discover misconduct within their ranks to engage proactively with law enforcement and reinforce their compliance programs. According to these policy revisions, prosecutors now have…

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DOJ’s New M&A Safe Harbor Policy: Implications and Deadlines for Acquiring Companies

Pieter Gunst03 mins

The Department of Justice (DOJ) has recently implemented a novel Mergers and Acquisitions (M&A) Safe Harbor Policy, which has clear-cut implications for both acquiring and acquired businesses in the M&A ecosystems. For acquiring companies, this policy essentially enforces a six-month window from the date of closing within which they are expected to disclose misconduct discovered…

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New Jersey’s Judicial Vacancies Spiral, Prompting Increased Dependence on Mediation

Pieter Gunst02 mins

In the State of New Jersey, specifically in Bergen County, a rising issue of judicial vacancies is exacerbating the already strained judiciary system, prompting an increased reliance on mediations. Occupying a quarter of all trial court judgeships, current vacancies have bred not only escalating frustration among litigators, but also reluctant praise for the remaining judges…

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DOJ Announces Safe Harbor Policy to Encourage Transparency in Mergers and Acquisitions

Pieter Gunst02 mins

The US Department of Justice (DOJ) has made a noteworthy policy announcement targeting corporations that are participating in mergers and acquisitions. At the heart of this policy is a plan to reward corporations with robust due diligence and compliance programs. Promoting proactive legal action, the DOJ has created a “safe harbor” period. Under this policy,…

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Seasoned Professional Liability Attorney Bolsters JAMS Mediation Team

Pieter Gunst02 mins

Alternative dispute resolution service JAMS is strategically expanding its mediation team, enlisting a seasoned professional liability attorney to enhance its roster. This development is a significant move, with the new mediator expected to bring a wealth of practical and analytical expertise to the firm’s established team. This appointment is in alignment with the continually evolving…

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Insights from Legal Leaders: General Counsel Conference East 2023 Wraps Up in Brooklyn

Pieter Gunst02 mins

Last week, Legal Speak, a podcast on Law.com, brought together attendees of the General Counsel Conference East in Brooklyn, New York. A number of key legal professionals were present at the conference, interacting with their peers and participating in seminars designed to knowledge-share and foster professional growth. Joseph Panetta, Global Chief Marketing & Innovation Officer…

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New Jersey DEP Implements Green Guidance for Contaminated Site Remediation

Pieter Gunst03 mins

The New Jersey Department of Environmental Protection (DEP), via its Contaminated Site Remediation and Redevelopment (CSRR) program, has released new administrative advice designed to formally promote the utilization of green and sustainable remediation (GSR) methods at contaminated sites across the state, a development highlighted in a recent JDSupra article. The DEP asserts that adapting GSR…

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