The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Agencies) released an immediate, revised definition of the “waters of the United States” (WOTUS) on August 29, 2023. This new rulemaking is a direct response to the recent Supreme Court ruling in the Sackett v. EPA case. In Sackett v. EPA,…
Understanding the links between compliance and disaster preparation has never been more crucial for global corporations and legal practitioners. Navigating these complex waters, authorities like Laura Fey, Principal at Fey, LLC; Tom Leatherbee, Manager at the Recovery Division of Hagerty Consulting; and Jillian Cusack, AVP and Privacy Officer at American Fidelity, provide valuable insights into…
On May 25, 2023, in Sackett v. Environmental Protection Agency, the U.S. Supreme Court issued a decision that has significantly affected the long-debated definition of “waters of the United States” and, by extension, the jurisdictional scope of the Clean Water Act (CWA). In response to this ruling, the U.S. Environmental Protection Agency (EPA) and the…
In the complex world of health care, where patient privacy frequently collides with law-enforcement needs, understanding how to navigate these interactions is paramount. On September 25th, from 12:00 pm to 1:30 pm CT, a webinar titled ‘Managing the Disclosure of Protected Health Information (PHI) to Law Enforcement during Crisis Encounters’ aims to clarify these often…
China has officially completed the finalization of its regulations concerning generative Artificial Intelligence (AI) services. The Interim Administrative Measures for Generative Artificial Intelligence Services, also known as the AI Measures, came into effect on August 15, 2023. The regulations were jointly unveiled by several government bodies in China, including the Cyberspace Administration of China (CAC),…
In light of a significant heatwave that Phoenix Valley in Arizona experienced recently, many questions are raised about the local water supply and its implications for the local construction industry. Developers and contractors find themselves pondering over how administrative changes in development review policies will affect construction projects in the region. Here’s what legal professionals…
In what has been a herculean task to resolve, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act as reported by JD Supra. The publication of this document comes ahead of schedule, but it now raises a host…
In a move set to reshape the protection of aquatic species, the United States Fish and Wildlife Service (“Service”) has expressed its intent to list the salamander mussel as an endangered species under the Endangered Species Act (“ESA”), as per the rule proposed in the Federal Register dated August 22nd. It is worth noting that…
On August 23, 2023, an announcement by the U.S. Department of Commerce sent ripples through the solar sector. Their publication disclosed final affirmative circumvention determinations on solar products originating from Cambodia, Malaysia, Thailand and Vietnam. Predominantly, these findings aligned with those issued in a set of preliminary determinations from December 2022. This decision by Commerce…
In a recent development, the Occupational Safety and Health Administration (OSHA) publicized the results of a whistleblower investigation related to North Dakota Department of Environmental Quality (NDEQ). This investigation was initiated following OSHA’s allegation that NDEQ retaliated against a staff environmental scientist who reported safety concerns about a public water system – both to the…
The global fintech market is currently wading through tough waters with several elements influencing its trajectory. One notable factor is the notable downturn in funding, which aligns with an overall reduction in venture capital investments. According to data from S&P Global Market Intelligence, venture capital backing for fintech startups worldwide has experienced a steep 49%…
In an update from August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have a significant amendment to the definition of “waters of the United States” (WOTUS). This announcement pertains to a pre-publication version of their final rule, which is a reaction to the court decision in the…
In an impactful shift in policy, regulatory agencies have proposed a rule that challenges the established status quo in regards to the Mental Health Parity and Addiction Equity Act (MHPAEA). More specifically, the rule will enforce new requirements on group health plans and health insurance issuers, providing a novel framework for legal professionals operating in…
In late August, the Michigan Court of Appeals ruled in favor of 3M Company’s objection to the rules established by the Michigan Department of Environment, Great Lakes and Energy (EGLE). These regulations were put in place to control the amount of particular per- and polyfluoroalkyl substances (PFAS) in the drinking water supply. This information was…
The U.S. Environmental Protection Agency (EPA) has put forward a proposal to conduct comprehensive revisions to regulations that dictate how Tribes and States can take on the responsibility of administering the Clean Water Act’s (CWA’s) Section 404. This program handles permissive actions relating to the discharge of dredged and fill material into the waters of…
In a gravely serious move, a Florida Circuit Court judge issued a strict reprimand to two former employees of a private South Florida provider of Autism treatment services, who started illegally competing with a new employer – while still being employed with their previous employer. The employees in question have been ordered to pay their…
Following the advancements in artificial intelligence, large language models (LLMs) like GPT-3 and Claude have become integral assets in major corporations and law firms. To maximize their utilization, it’s imperative to understand not only their capabilities and applications but also their associated costs. An insightful report recently published on JD Supra underscored the importance of…
Considering engaging a trendy influencer to finally get your firm’s presence booming on platforms like TikTok and YouTube? It’s a common and potentially fruitful strategy, but a word of caution: you need to familiarize yourself with the Federal Trade Commission (FTC)’s updated social media guidelines. Ignorance isn’t bliss in this scenario – falling afoul of…
In a substantial resolution, multinational conglomerate 3M has confirmed it will pay over $6 billion to settle hundreds of thousands of lawsuits related to its dual-ended combat earplugs. The settlement, which was announced on Tuesday, is tied to 240,000 suits in multidistrict litigation in the Southern District of Florida as well as countless additional cases…
The term “regular rate of pay,” often misunderstood within legal and employers communities, can complicate wage calculations for non-exempt hourly employees. By law, these employees are entitled to receive an overtime rate that is at least one and a half times their regular rate of pay. However, issues can surface when these non-exempt employees receive…
One of the most recent developments within the Environmental Protection Agency (EPA), and a matter of significant interest to legal professionals, involves the careful choice of language by the EPA’s Assistant Administrator, Uhlmann. Specifically, Uhlmann employed the word “if” in the context of the potential designation of PFOA and PFOS as hazardous substances. This tenderly…
In a regulatory climate that continues to place increasing emphasis on pay transparency, legal professionals need to be aware of the latest legal obligations set to affect our operations – starting with the New York State Pay Transparency Law. Scheduled to go into effect on September 17, 2023, the law places codified responsibilities on employers…
The COVID-19 pandemic’s devastating impact has led to a wave of personal injury claims from families of those severely affected by the disease. These claims, particularly cases involving employees supposedly acquiring COVID while on the job, are often brought before state courts. However, according to Goodell, DeVries, Leech & Dann, LLP, these claims may not…
On August 18, the United States District Court for the District of Arizona addressed a challenging case connected with the Endangered Species Act (“ESA”) and Clean Water Act. The case involves an alleged violation by the United States Environmental Protection Agency (“EPA”) of the ESA. The Court’s decision may set vital precedents for future dealings…
In a pivotal turn of events from August 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a watershed decision that significantly alter the union election process. The fresh approach deviates from longstanding precedents and ushers a significant transformation in the way union elections are conducted. The NLRB has introduced…