On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The move, long-anticipated by both organizations and legal professionals in the field of environmental law, marked a milestone in the…
In the ever-evolving legal landscape, each new enactment or amendment holds potential for significantly altering processes and outcomes for litigants. In recent years, California has become a key jurisdiction for taking the lead in such developments. One such significant change is embodied in Senate Bill 235 (CA SB235), signed into law by Governor Gavin Newsom…
Last year, the Supreme Court made its decision to refuse the petition for certification in the landmark case GlaxoSmithKline v Teva Pharmaceuticals USA, widely known as GSK v Teva. The ripple effects of this denial have continued making waves within the legal community, particularly in the context of induced infringement claims and litigation strategies against…
In the realm of financial regulation, every day presents a new development. Here’s the rundown for Thursday, March 24, 2022. Sharp-eyed professionals will have noted two key releases from the Federal Reserve Board on March 23, which warrant a closer examination. First among these is a paper conspicuously titled “Moldy Lemons and Market Shutdowns”. This…
As general awareness of per- and polyfluoroalkyl substances (PFAS) has risen in recent years, so too have the corresponding legal implications. Courts have seen an upswing in civil lawsuits claiming false and misleading advertising in marketing statements for consumer products, according to recent reports. This trend has been particularly noticeable in lawsuits filed in 2021…
The Food and Drug Administration (FDA) published an update to its guidance document titled “Breakthrough Devices Program, Guidance for Industry and Food and Drug Administration Staff” on September 15, 2023. In this revised guidance document, the FDA may consider a medical device’s potential to address health and healthcare disparities when deciding on its categorization as…
In a recent article by ‘Above the Law’, discussions have emerged about Supreme Court justice wanting to revisit and potentially reinterpret the fundamental First Amendment law. The justice under this spotlight appears to have had their share amount of press attention, and it’s suggested this might be driving the desire for changes. Key in this…
Discussions continually surround the hourly rates that lawyers charge across the world, with top tier legal representations often charging considerable sums. However, not all jurisdictions operate within such high-cost barriers. A recent analysis has identified the state with the lowest average billing rate for attorneys in the United States. The surprising finding? The average billing…
In class certification, an essential consideration courts make is whether common issues may predominate, even if damages have to be individually established for each class member. These common issues may involve, for instance, misuse of company funds, consumer rights infringements, or labor law violations. Recent federal appellate decisions have introduced a new layer to this…
The Arkansas Department of Energy & Environment – Division of Environmental Quality is facing a legal challenge brought against them before the Arkansas Pollution Control & Ecology Commission (“APC&EC”). The crux of the dispute is a nonmunicipal domestic wastewater treatment facility discharge permit. The permit in question, issued to the Pulaski County Property Owner’s Multipurpose…
With the Pregnant Workers Fairness Act coming into effect on June 27, 2023, legal professionals and businesses are rightfully trying to understand and adjust to the new regulations. The tasks involved: educating themselves on employers’ obligations under the new federal law and navigating novel legal waters. Renowned Law firms such as McGlinchey Stafford are facilitating…
Continued disputes are on the rise over the recently amended “Waters of the United States” (WOTUS) rule issued in light of Sackett v. EPA. The U.S. Environmental Protection Agency (U.S. EPA) and the Army Corps of Engineers revealed the final conforming revision on September 8 to adjust the definition of “waters of the United States”…
Deciphering the nuances of homeowners’ insurance policies can be a labyrinthine task for even the most skilled legal professionals. A recent court ruling in Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., highlights the complexities inherent in the ‘wear and tear’ exclusions of these policies. Case No. 22-13603 of the 11th Cir. 2023 gives…
In a progressive move, Fort Lauderdale and private stakeholders have financially closed on a noteworthy Public-Private Partnership (P3) project intending to commission a new water treatment plant within the city premises by the year 2026. Partnerships Bulletin provides a comprehensive overview of the forward-looking initiative taken by both the public and private sectors. Regardless, a…
The Maine district court has given the green light to homeowners in Fairfield to proceed with their legal claims against chemical corporations Solenis, BASF, and 3M. Homeowners allege that these parties are responsible for the contamination of their water supply with per- and polyfluoroalkyl substances (PFAS), linked to the operations of a local paper mill….
The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and the City of Lexa, Arkansas (Lexa) recently entered into a Consent Administrative Order (CAO) to address an alleged violation of a Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit (Permit). The Consent Administrative Order, which was enacted on September…
In a recent update to California’s environmental law and policy, the U.S. Environmental Protection Agency (EPA) has finalized a rule expected to significantly enhance transparency in the way specific substances are manufactured and used in America. This revision chiefly focuses on a group of certain per- and polyfluoroalkyl substances (PFAS). As part of this new…
In the legal landscape of urban development and zoning, an issue of significant interest is on the horizon. The United States Supreme Court has granted certiorari in the case George Sheetz v. County of El Dorado, deciding to shed some light on a matter that has lingered for several decades without official Supreme Court scrutiny….
The Federal Communications Commission (FCC) has recently announced the next public meeting of its Precision Agriculture Connectivity Task Force, which is scheduled to convene on November 6, 2023. This comes as part of an ongoing initiative supporting a commitment of $1 billion earmarked for the deployment of wireless AgTech networks. More people are becoming aware…
Recent motions within the United States House of Representatives have left legal and political experts analyzing the future implications. In an unforeseen move last week, the House voted to remove Rep. McCarthy (R-CA) from his role as Speaker of the House. Following this decision, House members decided to recess until the 11th of October when…
On August 14, 2023, the Federal Deposit Insurance Corporation (FDIC) published its annual Risk Review report, proving to be a substantial tool for legal professionals, particularly those operating within the banking industry and financial markets of the United States. Compiling the key developments, conditions of the economy, and risks pertinent to the U.S. banking sector,…
Stock options have long been a vital element of public company remuneration strategies. They form key components of compensation and benefits programs, largely due to their ability to align the interests of employees and shareholders. Essentially, when a company’s stock price rises, everyone wins: both option holders and stockholders stand to gain WilmerHale. Herein lies…
In recent days, legal professionals working with virtual currency businesses should take note of important new guidance issued by the New York Department of Financial Services (NYDFS). The NYDFS announced an updated policy on a transformational initiative that strengthens their oversight of virtual currency, marking a significant two-year milestone. According to an announcement on September…
In a recent opinion dated September 18th, the United States District Court of Appeals for the Tenth Circuit grappled with a matter critical to Rural Water Associations, focusing on the interpretation and application of 7 U.S.C. §1926(b). This particular case, Deer Creek Water Corporation v. City of Oklahoma; Oklahoma City Water Utilities Trust, No. 21-6164,…
The growing recognition of the climate change crisis has led to a surge in the demand for clean energy alternatives. Consequently, there’s been an increase in the manufacture and adoption of green technologies like wind turbines, solar panels, and electric vehicles. These technologies often rely heavily on minerals like cobalt, lithium, and nickel. The underwater…