September’s corporate legal landscape has been marked by significant change and adaptation, as visible within the career pathways of renowned financial professionals. Underpinned by market disruption earlier this year, and the subsequent action taken by the Federal Deposit Insurance Corporation (FDIC) to seize three major middle-market lenders, this period of transition has stimulated a considerable…
The Consumer Product Safety Commission (CPSC) has recently announced a request for information (RFI) in relation to per- and polyfluoroalkyl substances (PFAS) as they pertain to commercial products or potential consumer products. The directive pertains specifically to gaining further insight into potential exposure from usage of PFAS in consumer products, as well as possible health…
The United States Department of Commerce’s National Institute of Standards and Technology (NIST) is taking rigorous strides to help shape the nation’s approach to the ever-evolving field of Artificial Intelligence (AI). This comes in response to the strikingly fast-paced growth of AI technologies over the recent years. In their efforts, NIST remains distinctly engaged in…
The Consumer Product Safety Commission (CPSC) has recently publicized a Request for Information (RFI) with the goal to acquire insights from various shareholders regarding the prevalence and usage of per- and polyfluoroalkyl substances (PFAS) found in consumer goods. This exercise is executed on a voluntary basis and is designed to gather helpful information and commentary…
In a recent development, Nexus Pharmaceuticals, LLC has confirmed its procurement of approval from the U.S. Food and Drug Administration (FDA) for their Fluorescein Injection, USP. The announcement was made on September 26, 2023, further establishing the company’s reputation as a producer of generic drugs. Knobbe Martens reports the essential details. Fluorescein is a synthetic…
An enforcement action concerning the Clean Water Act and PFAS (Per- and polyfluoroalkyl substances) has recently been registered in Michigan’s Kent County 17th Judicial Circuit. On September 11th, the Michigan Attorney General (AG) lodged a lawsuit against the Gerald R. Ford International Airport Authority (“Airport Authority”) in Grand Rapids, Michigan. According to the AG’s allegations,…
Online retail giant Amazon is under increased scrutiny as U.S. lawmakers express growing concern over the safety conditions at the company’s warehouses. The issue underscores the pressure corporations are under to ensure employee safety while managing demands for relentless efficiency and productivity. Questions about Amazon’s dedication to the welfare of its warehouse employees have been…
The topic of artificial intelligence and its impact on legal, social, and economic environments remains high on the agenda for France and the European Union. Any discussion surrounding the use of AI invariably leads back to thoughts shared by President Emmanuel Macron in 2018. He stated, “I would like France to be one of the…
Under a new benchmarking program initiated by the New Jersey Board of Public Utilities (BPU), beginning October 1, 2023, reporting energy and water use will soon be a requirement for substantial commercial property owners. All owners or operators of commercial properties over 25,000 square feet in New Jersey will need to log their energy and…
As more fiscal clocks tick towards the final hour, the United States finds itself on the precipice of another possible government shutdown. Looking ahead, funding for the 2023 fiscal year is due to expire on September 30, 2023, at 11:59 pm EST. This mounting crisis, analyzed in a recent article on JD Supra, underlines the…
In an industry where professionalism and integrity are paramount, the importance of partnering with firms that exemplify these qualities cannot be overstated. As recently noted on the Above the Law platform, our advertisers stand out as exemplary partners in this respect. However, the world of legal professionals doesn’t revolve solely around advertising and partnerships. Countless…
In a recent case addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit ruled that no reasonable juror would confuse an alcohol distributor’s usage of the term “kühl” with the use of a similar mark by a clothing company. The case, titled Alfwear, Inc. v. Mast-Jägermeister US,…
The Texas Legislature is known for its tendency to introduce a degree of uncertainty into legal practice during legislative session years. This is primarily due to the new laws it passes that directly impact the courts. Following the introduction of these laws, the Texas Supreme Court is tasked with developing rules to effectuate them. This…
Recently, on September 19, 2023, the US Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) came out with its findings after performing an audit on the EPA’s Renewable Fuel Standard (RFS) Moderated Transaction System (EMTS) and Quality Assurance Program (QAP), commonly referred to as “the Report”. This comprehensive audit was undertaken with the primary…
In a recent surprising development, a District Court in New Jersey set a groundbreaking precedent that could have far-reaching effects on the way corporations deal with internal investigations intersecting with Department of Justice (DOJ) scrutiny. This ruling, which came into effect in February 2022 in the United States v. Coburn legal case, involves the compelling…
A recent development in environmental law has seen several environmental organizations, including the Sierra Club, issuing a Petition for Rulemaking to the U.S. Environmental Protection Agency (EPA) on September 26th. This petition has requested for the establishment of a nationwide National Pollutant Discharge Elimination System (NPDES) permit, specifically for uncovered railcars that transport coal, under…
In a recent scenario of a potential federal government shutdown, Corp Fin, the Corporate Finance department of the United States Securities and Exchange Commission (SEC), laid out plans describing how its operations will be largely restrained. This comes straight from an announcement posted by Corp Fin, shedding light on the agency’s scenario planning in the…
The doctrine of Accounts Stated is a cornerstone of commercial law. It dictates that if a business fails to object to an invoice or statement within an appropriate timeframe, this could result in the business, or individual, being liable for that amount, even if it was not technically owed. However, there exist important exceptions to…
The United States Environmental Protection Agency (“EPA”) is progressing with a proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and poly-fluoroalkyl substances (“PFAS”), as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). This move, if finalized, may have vast implications on closed and in-progress…
After a long wait, there appears to be a clear path forward for the implementation of the Vessel Incidental Discharge Act (“VIDA”), which was signed into law in December 2018. The VIDA is expected to replace the Environmental Protection Agency’s (“EPA”) 2013 Vessel General Permit, which was put in place nearly a decade ago, with…
The smooth functioning of the United States government hinges on an agreed annual cycle of budget allocation and spending involving the House, Senate, and President. Typically, the President’s annual budget request is floated to Congress. The House and Senate then, independently, craft their budget resolutions. If there are discrepancies between these resolutions and the President’s…
The California Revised Uniform Limited Liability Company Act (CRULLCA), more specifically, Section 17701.7 of the California Corporations Code, introduces two arguably conflicting rules. A careful interpretation and application of these principles, especially in a notoriously complex legal environment like California’s, can deeply impact legal professionals navigating corporate law in the state. As per this statute,…
Trademark protection continues to pose challenges to numerous businesses across the globe. Especially if we turn our gaze towards Colombia, the increasing number of inquiries from clients, who wish to secure their trademarks, speaks volumes about the subject’s complexity. The International Lawyers Network has recently compiled a series of answers to some of these frequently…
Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). This is a matter that calls for close attention from legal professionals working in many of the world’s largest corporations and law firms, as…
In accordance with the Supreme Court’s decision in Sackett v. EPA, earlier this year, the US EPA has rolled back some protections for the country’s wetlands and waterways, a move that was first reported by law firm Kohrman Jackson & Krantz on JD Supra. The Clean Water Act (CWA) has long offered some level of…