The U.S. Supreme Court once again brought the term Water of the United States (WOTUS) under the spotlight following its decision in Sackett v. EPA on May 25. This ruling has recalibrated the approach to determine WOTUS, a key prerequisite for actions under the Clean Water Act (CWA). It’s important to note that the CWA…
The 3M Company’s $12 billion class action settlement with public water supply companies has been back in the spotlight following the initial announcement in June 2023. The settlement initially faced scrutiny due to terms concerning indemnity obligations, causing concerns among several state governments. These provisions mandated public water suppliers to indemnify 3M against claims made…
As many companies seek to navigate the transition to low-carbon operations, Carbon Capture and Sequestration (CCS) projects are emerging as an essential strategy. However, the development of these initiatives appears to be stuck, largely due to ongoing delays from the U.S. Environmental Protection Agency (EPA) in issuing permits for CCS projects [JDSupra]. The problem is…
The Consumer Product Safety Commission (CPSC) has embarked on a comprehensive data collection effort focused on the prevalence and use of per- and polyfluoroalkyl substances (PFAS) in consumer products. The initiative was laid out in detail in a September 30 Federal Register Notice and Request for Information (“ROI”). PFAS are synthetic chemicals that are resistant…
In a significant legal development, Columbia Riverkeeper and the Port of Vancouver U.S.A. have entered into a Consent Decree (CD) dated September 12th, tackling alleged violations of the Clean Water Act. This legal agreement marks a pivotal juncture in the commitment of both parties towards maintaining compliance with environmental laws. The Port of Vancouver U.S.A.,…
Asset repledging, colloquially known as “rehypothecation”, embodies the maxim of ‘borrowing from Peter to pay Paul’ – a practice that savvy legal professionals are increasingly scrutinizing in an era of financial uncertainty. Often employed within the realms of loan, swap, and brokerage transactions, it’s an operational mainstay that is not without its consequences. Pledged assets,…
In an interesting development, a professor from China raised serious concerns about Japan’s decision to discharge nuclear water from the Fukushima Daiichi Nuclear Power Station during the 54th session of the United Nations Human Rights Council held on Tuesday. The concerns were voiced in a dialogue with the Special Rapporteur on toxics and human rights,…
Renowned author George RR Martin is among a group of literary figures taking legal action against artificial intelligence (AI) company OpenAI. The group alleges that the company’s algorithms were trained using their copyrighted work. Detailed insights into the suit can be found via this comprehensive Reuters report. In separate news, former Department of Homeland Security…
Amid continued US-China tensions, extended COVID-19 lockdowns, and the country’s crackdown on data and national security, China’s law firms have had an incredibly arduous year. Out of the 45 top-performing Chinese law firms by gross revenue, comprising over 85% of the total, there have been whopping drops in proceeds during 2022. In some dire cases,…
In the ever-evolving landscape of environmental law, a noteworthy development has come to the fore in California. The Biden administration is restoring major state and tribal authority over water resources, simultaneously expanding their influence on infrastructure permitting decisions, including those involving pipelines. This significant shift in policy designates a return to greater local control over…
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…