Florida’s Stop-W.O.K.E. Law Debated in Eleventh Circuit Court: Impact on Civil Liberties and Corporate Compliance

On August 24, 2023, the Florida’s Individual Freedom Act (IFA), often referred to as the “Stop-W.O.K.E.” law, found itself under judicial scrutiny again – being deliberated by a three-judge panel from the U.S. Court of Appeals for the Eleventh Circuit Court. The court heard arguments over whether to dissolve a previously enacted injunction that had…

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EPA Releases First-Round PFAS Sampling Data under UCMR 5: Legal and Safety Implications for Businesses

In a recent development, the U.S. Environmental Protection Agency (EPA) has released its first-round Per- and Polyfluoroalkyl Substances (PFAS) sampling data under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). This news comes shortly after the recent compilation of the agency’s latest list of unregulated elements subject to surveillance by public water systems (PWSs) on…

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Ex-EY General Counsel Ron Hauben Joins McDermott as Accounting Defense Co-Head

Ron Hauben has recently taken on a role at McDermott Will & Emery as Partner and Co-Head of the Accounting Defense Practice. The firm released public confirmation of this appointment earlier this week on Tuesday. In his new position, Hauben’s responsibilities will include providing accounting firms with regulatory enforcement support, litigation defense, and corporate governance…

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Balancing eDiscovery and Data Privacy in Internal Investigations: Challenges and Solutions

The global business and legal landscapes are experiencing an interesting shift as the volume of data within organizations expands at an unprecedented rate. This expansion has led to a number of questions regarding adherence to privacy legislation during internal investigations. Specifically, the dilemma lies in delineating the boundaries around securing necessary information to respond to…

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California Water Board Retains Discretionary Power as Supreme Court Declines Review

The U.S. Supreme Court recently declined to review a California Appeals Court ruling related to the State Water Resources Control Board’s duty to limit waste and unreasonable use of water usage. This ruling highlights the “highly discretionary” nature of the State Water Board’s responsibilities. The case originated when the California State Water Board was accused…

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Camp Lejeune Toxic Water Trials: Dueling Proposals Highlight Legal Complexities

The ongoing legal dispute over toxic waters at Camp Lejeune, North Carolina, has entered a significant stage as lawyers for the Justice Department and potential victims present conflicting proposals to manage the escalating number of lawsuits. The cases emanate from the allegations of over 93,000 former camp workers, veterans, and their relatives who contend that…

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AI’s Role in Insurance Litigation: Navigating New Challenges and Opportunities

As technology continues to forge ahead, bringing with it advancements such as Artificial Intelligence (AI), the landscape of insurance litigation is set to experience new challenges. With AI’s increasing involvement in processing claims and determining policy pricing, novel legal issues are expected to surface, demanding fresh perspectives from professionals in the insurance industry. Incorporating AI…

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Michigan Court of Appeals Strikes Down PFAS Drinking Water Standards over Compliance Cost Oversight

In a significant recent legal development, the Department of Environment, Great Lakes, and Energy (EGLE) in Michigan suffered a setback when a divided panel of the Michigan Court of Appeals held that they violated the Administrative Procedure Act (APA) by promulgating a novel rule which set drinking water standards for seven PFAS1 compounds. The ruling…

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EPA Reveals Preliminary Findings on PFAS Contamination in U.S. Water Systems

The U.S. Environmental Protection Agency (EPA) disclosed its preliminary findings from the fifth Unregulated Contaminant Monitoring Rule (UCMR) under Section 1445(a)(2) of the Safe Drinking Water Act (SDWA) on August 17, 2023. An important mechanism under SDWA, UCMR paves the way for the EPA to gather data pertaining to public water systems’ impacts from “emerging…

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SpaceX Suit Highlights Intricate Clash Between Export Control and Immigration Law

SpaceX, the private rocket manufacturer led by tech wunderkind Elon Musk, has recently found itself embroiled in legal difficulties with the Justice Department. The crux of the issue? SpaceX has allegedly violated federal immigration law, prioritizing export control compliance at the expense of antidiscrimination measures. On August 24, the DOJ filed an administrative lawsuit, contending…

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SEC Enforces New Marketing Rule on FinTech Company: A Cautionary Tale for the Industry

On August 21, 2023, the U.S. Securities and Exchange Commission (SEC) made an announcement that sent ripples through the financial technology industry. For the first time, the commission has executed its enforcement authority under the New Marketing Rule against a registered investment adviser. This decisive action marks a new chapter in the SEC’s regulatory reach,…

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South Korea Protests Intensify Over Japan’s Controversial Disposal of Fukushima Radioactive Water

In an episode continuing to unfold, South Korean police arrested a notable number of protesters demonstrating outside the Japanese embassy. The issue at stake lies in the contentious decision by the Japanese government to dispose of treated radioactive water resulting from the 2011 Fukushima disaster into the ocean. All eyes have been on this act…

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London Legal Developments: Motorsport Contract Disputes, Regulatory Challenges, and Vaccine Liability Claims

Over the previous week, the legal landscape in London has seen several intriguing developments. Prominent motorsport team McLaren has initiated a claim to enforce a contract with their driver Alex Palou. This marks a notable instance of contractual disputes within the fast-paced world of competitive motorsport. In another significant development, a senior partner from Axiom…

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Joe Rice Appointed to Plaintiffs’ Leadership Team in 3M’s $12.5 Billion Drinking Water Case

Noted mass tort settlement negotiator, Joe Rice, has been appointed to the plaintiffs’ leadership team overseeing the 3M’s $12.5 billion drinking water case by U.S. District Judge Richard Gergel, according to a recent report from Law.com. The case is part of the complex multidistrict litigation concerning perfluoralkyl or polyfluoralkyl substances, known as PFAS, in contaminated…

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Navigating Ransomware Risks Amidst Complex Global Sanctions Regimes

Ransomware incidents have been making the headlines recently. One such instance involves the Cl0p ransomware gang who exploited a zero-day vulnerability in the MOVEit Transfer tool, impacting numerous organizations globally who count on this software. In light of such incidents, the onus of cybersecurity is increasingly falling on organizations to not merely stay ahead of…

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Judge James Ho’s Dissents Propel Legal Debate: Analyzing Texas Water Saws, Florida-Disney Conflict, and the Future Direction of US Courts

Fifth Circuit judge James Ho has been a mainstay in national law-related headlines last week. Let’s delve into them. Ho, who was appointed under the Trump Administration, has been vociferously sharing his patriotic perspectives through his court dissents. His actions have garnered attention from legal professionals, prompting discussions about the future direction of his rulings….

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Trump’s Georgia Election Dilemma: Legal Skepticism and Unprecedented Moves

The developing story of former President Donald Trump and unresolved Georgia election issues raised eyebrows, with suggestions of Trump willingly turning himself in being taken as seriously as sales pitches for Brooklyn bridges. Experts remain skeptical about these claims. Trump prodonly treads risky political terrains, yet this move hints at something unprecedented. For more on…

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DeSantis Pleads with Disney to Drop Lawsuit Amid Backlash and Falling Poll Numbers

Florida Governor Ron DeSantis has reportedly asked Disney to drop its ongoing lawsuit against him, claiming that he’s “basically moved on” from the dispute. This plea follows numerous unsuccessful attempts by his legal team to counter the legal onslaught from the multinational entertainment conglomerate. Above the Law discussed the legal back-and-forths between the governor and…

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Hawaiian Electric Co. Faces Lawsuits Following Maui Wildfires Amidst Rising PFAS Contamination Concerns

In this week’s legal news, at least three lawsuits, two of which are class action suits, have been filed against Hawaiian Electric Co. in the wake of this month’s devastating wildfires in Maui. These developments come amidst growing concerns surrounding multinational conglomerate 3M’s settlement resolving PFAS contamination in sources of drinking water, which is now…

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Water Conservation in Business and Law: A Legal Necessity Beyond the “No Water, No Beer” Campaign

In today’s legal and environmental landscapes, there is a growing focus on water resource management, highlighted starkly by the American Water Works Association’s social media campaign, ‘Value of Water’. This initiative makes use of an impactful slogan, ‘No Water No Beer’, which is more than just a catchy phrase, it brings to the forefront a…

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