According to a recent article, ALM’s inaugural New England Legal Awards are taking place this week in Boston, aiming to shine a spotlight on exceptional attorneys from over 80 firms across the region. One of these lawyers making waves is Nicholas R. Bamonte, currently based at Berchem Moses. Bamonte began his career with a solo…
Targeted Probe and Educate (TPE) reviews are nothing new in the world of legal processing. However, recently their numbers and scope have significantly increased, carrying more business entities, particularly hospices, into second and even third rounds of review. This challenging scenario is explored extensively in an episode by Husch Blackwell, a valued legal firm. Meg…
In response to the landmark US Supreme Court decision in Sackett v. EPA, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers, have published a final rule effective as of September 8, 2023. This new directive, aptly referred to as the Sackett rule, provides a concrete definition of the term ‘waters of…
In a recent development reported by JD Supra, it has come to light that nine investment advice firms find themselves in legal hot water, facing charges by the Securities and Exchange Commission (SEC). The alleged infractions involve violations of the Advisers Act Rule 206(4)-1, or the Marketing Rule, and recordkeeping requirements relating to advertisement dissemination….
For professionals operating at the intersection of law and business, mergers and acquisitions (M&A) present a complex arena defined by shifting trends, strategic maneuvering, and an ever-evolving regulatory landscape. One of today’s active fields in M&A is the beauty industry, a sector that both entices and challenges deal-makers with its potentials and complexities. Recent discussions…
In light of the United States Supreme Court’s recent decision concerning race consideration during admission processes in higher education, various K-12 independent and private schools are grappling with how this ruling implicates their own admission policies. This significant development, according the article from JDSupra, puts forward six steps for these institutions to help handle the…
The Brook House Inquiry, chaired by Kate Eves, revealed numerous cases of human rights abuses in the UK’s Brook House Immigration Removal Centre. Conducted to assess incidents between April and August 2017, the investigation uncovered 19 instances of mistreatment contravening Article 3 of the European Convention on Human Rights. Evident violations included exposing detained individuals…
A new frontline has opened in the ongoing battle over the scope of the Federal Clean Water Act, this one centered on the Environmental Protection Agency’s (EPA) recent Section 401 Water Quality Certification rule. EPA officials are focused on delineating the roles of States and Tribes in the federal licensing or permitting of activities likely…
In the employment litigation world, September 2023 proved to be a month filled with noteworthy developments. The central themes for the month ranged from enjoining competitive employment and advisor mobility to reverse discrimination and the low bar for retaliation. Further, the litigating “Cause” also garnered attention. In one of the significant rulings of the month,…
Pharmaceutical giant AstraZeneca finds itself in legal hot water, as it stands accused of wrongfully reducing an employee’s bonus by $65,000 due to the said employee’s non-compliance with their return-to-office policy. The complaint was originally brought to light by Law.com Radar. While the specifics of the case remain undisclosed, it raises intriguing questions about company…
Design patents play a distinct role in intellectual property law, often winding up in disputes between competitors. These cases can frequently escalate all the way to the Federal Circuit for review, if settlements are not reached. A prime example of this is last week’s significant decision in Columbia v. Seirus, which stirred prominent discussions in…
The United States Environmental Protection Agency (EPA) has recently announced a Final Rule that it deems the Clean Water Act Section 401 Water Quality Certification Improvement Rule. This long-anticipated final rule elucidates policies of power for the ‘Section 401’ of the Clean Water Act, providing insights into the ways environmental authorities mandate water quality. Here…
As corporations prepare to navigate the upcoming 2023, it’s crucial to focus on the Employee Retirement Income Security Act (ERISA) guidelines pertaining to employee welfare plans. A significant aspect of these guidelines is the necessary distribution of Summary Plan Descriptions (SPDs) to plan participants. This process lets benefactors know their respective entitlements, rights, and obligations,…
In an interesting turn of events related to the Federal Trade Commission Act, the Seventh Circuit recently declared that Section 19 of the act does not permit the Federal Trade Commission (FTC) to deposit excess funds awarded as restitution under the same section into the U.S. Treasury as disgorgement. The case in question is FTC…
In an increasingly complex regulatory environment, the manner in which a company positions and protects its products – specifically, their trade dress – is vital to maintaining both a competitive edge and a defense against legal challenges. A recent decision from the Third Circuit, however, offers a stark reminder for companies to exercise caution when…
In a statement released last Thursday, the New York City Council announced the passing and introduction of several pieces of legislation. Notably, one such piece of legislation now requires a comprehensive exit survey from resigning and retiring municipal employees. This effort is expected to yield valuable insights into workplace conditions and employee satisfaction among city…
In a recent shift in precedent, the Eleventh Circuit court of appeals upheld, on summary judgment, the University of Miami’s decision to implement remote learning during the surge of the COVID-19 pandemic. Cited in the case of Dixon v. University of Miami (75 F.4th 1204 (11th Cir. July 31, 2023)), the ruling is viewed as…
If you’re looking to ensure transparency and proper behavior at your firm, it would be wise to consider the significance of a well-structured code of conduct. Designed to embody an organization’s values, priorities, and commitments, it serves as the philosophical framework defining your company culture to both your workforce and shareholders. As suggested in a…
In a recent ruling, the U.S. Court of Appeals for the Ninth Circuit upheld a decision denying the Lummi Nation fishing rights in the waters of Washington’s North Puget Sound. The court’s verdict was based on the interpretation of a 1974 court decree relating to tribal fishing rights. The Lummi Nation had been asserting rights…
In a recent move by the U.S. Securities and Exchange Commission (SEC), media and entertainment firm, Impact Theory, LLC, came under fire for breaching the Securities Act of 1933. The company stand accused of creating an unauthorized offering of securities specific to non-fungible tokens (NFTs). The details of the case came to light on August…
August 2023 has brought forth an intriguing case in the world of corporate law. In particular, a bounty hunter plaintiff has sought to enforce California’s Proposition 65, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986. This law mandates, amongst other things, sellers of products to furnish a “clear and reasonable…
The tragic mishap of Camp Lejeune’s toxic water contamination dates back several decades, but it seems the associated litigation is only just beginning to gain momentum. Claimants are now starting to file administrative claims with JAG’s Tort Claims Units, and the time limit set for this process is August 2024. Simultaneously, some claimants are in…
Per- and polyfluoroalkyl substances (PFAS) in children’s products have become a major point of concern for state regulators across the United States. This increased scrutiny has led to the enactment of some of the most rigorous PFAS restrictions in consumer products. As of now, eight states have rolled out regulations pertaining to PFAS substances in…
According to a recent piece in the Charlotte Observer, Elon University has lodged a formal application with the American Bar Association, proposing to extend its existing Greensboro law school to include a campus in Charlotte. With this move, Elon University aims to fill a glaring gap as Charlotte is the largest city in the U.S….
In a proactive stance towards environmental preservation, Minnesota has enacted a new set of legal provisions regarding the handling and sale of products containing Per- and polyfluoroalkyl substances (PFAS). The law, signed by Minnesota’s Governor on May 24, 2023, imposed a sweeping array of new standards for the state, putting into place bans on multiple…