Exploring the Right to Know: Key Insights from August 2023 Cyber, Privacy, and Technology Developments

In light of the rapidly evolving Information Technology industry, legal professionals need to be constantly updated about the latest developments in the issue of the Right to Know. Fresh from August 2023, the Volume 8 edition of the monthly rundown on all things cyber, privacy, and technology, published by Clark Hill PLC, offers an insightful…

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EU Court Ruling Limits National FDI Screening Regulations, Impacts Foreign Investment Strategies

In a significant judgement that has profound implications for Foreign Direct Investment (FDI) screening, the Court of Justice of the European Union (Court) passed a ruling undermining Hungary’s national foreign investment screening laws. Dated July 13, 2023, the decision specifically penalises the Hungarian government for blocking the proposed purchase of a Hungarian sand and gravel…

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European Parliament Advances Zero Pollution Action Plan with Stricter Water Protection Measures

In a sustained effort to reduce pollution and protect both human health and natural ecosystems, the European Parliament has proposed amendments to existing legislation that governs Europe’s various water bodies. These bodies include inland, transitional, and coastal surface waters, as well as groundwater. This move is seen as part of furthering the European Commission’s Zero…

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Recession-Proofing Spurs Technological Advancements in Legal Market

Despite long-standing predictions, an economic recession has yet to materialize. Astonishingly, some economists are now expressing cautious optimism. Nonetheless, the general chatter about “recession-proofing” has prompted many firms to enhance their efficiency, a change benefiting even the industry’s trendsetters. The shift towards modernization and efficiency has taken a variety of forms, including significant investments in…

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Navigating FDA Oversight in Healthcare Providers’ AI Developments

The global trend toward the application of artificial intelligence (AI) in a multitude of sectors seems inexorable. Health care providers are no exception to this, increasingly testing the waters of machine learning and generative AI, majorly in the patient care realm. While the potential benefits of this technological evolution are compelling, these explorations raise certain…

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EU Commission Sheds Light on Russian Oil Importation in New FAQs on STS Operations

In a notable development, the EU Commission disseminated new Frequently Asked Questions (FAQs) on the evening of 2nd August 2023, concerning oil importation activities in the EU’s territorial waters. Two significant FAQs have been released, particularly emphasizing Ship to Ship (STS) operations involving Russian oil and petroleum products. The EU Commission’s new FAQs can be…

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Monterey County’s Measure Z: A Seven-Year Saga Shaping Environmental Regulations and Local Authority

The seven-year legal tug-of-war surrounding Monterey County’s Measure Z has finally reached its conclusion. Measure Z, a voter initiative launched in 2016 by the people of Monterey County, California, played a crucial role in shaping the fate of oil and gas operations within the county. In its original form, Measure Z imposed two significant restrictions…

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EPA Urged to Improve Public Notification on Elevated Lead Levels in Drinking Water

The Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) of the United States issued a report titled: The EPA Should Determine What Interim Actions Can Be Taken to Immediately Notify the Public When Lead in Drinking Water Exceeds the Agency’s Action Level. This was disseminated on July 20th, raising serious implications for public health…

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Biglaw Firms Divided on Four-Day In-Office Work Week as Cadwalader Maintains Three-Day Policy

While a four-day in-office work week appears to be gaining popularity among some of the most prestigious Biglaw firms, including Skadden, Davis Polk, Weil Gotshal, Ropes & Gray, and Vinson & Elkins, not all firms are eager to make the shift. Indeed, some resistances come from unexpected corners. Cadwalader Wickersham & Taft—a firm that generated…

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Navigating the Complexities of Localized Minimum Wage Laws for Multi-Jurisdictional Employers

In the current era of dispersed workforces and complex multi-jurisdiction regulation, it isn’t uncommon for employers to face compliance challenges. A recent development in Edgewater, a Colorado locality bordering Denver and counting a population of around 5,000, has underscored this issue. Edgewater has enacted its own local minimum wage ordinance, set to take effect on…

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California Construction General Permit Update: Navigating Stormwater Regulations and Rising Penalties

Changes are on the horizon for California’s Construction General Permit, and all those involved in construction activities in the state – including municipalities, landowners, and developers – would do well to take note. The impetus for these changes is the intensified regulatory scrutiny that this sector has been subject to in recent years, especially in…

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Navigating Religious Accommodation and Undue Hardship in the COVID-19 Era

In an environment where the COVID-19 pandemic continues to evolve, legal considerations around religious accommodations at workplaces are becoming increasingly important. Several cases have emerged where employees have objected to COVID-19 vaccination on the grounds of their religious beliefs. As laid out in Title VII of the Federal Civil Rights Act of 1964 (\“Title VII”),…

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US Army’s Pine Bluff Arsenal and Arkansas DEQ Enter Consent Order Over Hazardous Chemical Pollution

The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and the United States Army, Pine Bluff Arsenal (U.S.) have reportedly entered into a Consent Administrative Order (CAO) as of July 13. This action is specifically in response to issues arising from dense nonaqueous phase liquid (DNAPL) contamination. The Consent Administrative Order…

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Black Warrior Riverkeeper’s Legal Battle: Ensuring Clean Water Act Compliance and Environmental Preservation

Environmental advocacy and the protection of clean water continue to play significant roles in public policy and legal arenas. A recent development in this space involves Black Warrior Riverkeeper, Inc., a non-profit dedicated to the protection and restoration of the Black Warrior River watershed. The organization, together with the Greater-Birmingham Alliance to Stop Pollution, has…

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Navigating 2023: Proactive Measures for Automotive and Manufacturing Industries Amidst Regulatory Shifts

The renowned law firm, Clark Hill, recently released their 2023 Automotive & Manufacturing Industry Labor and Employment update which indicates that federal agencies and lawmakers will remain markedly active throughout the year. As we enter the second half of 2023, it is recommended for companies, especially those in automotive and manufacturing industries, to heed these…

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Navigating Financial Projections Amid Increased Regulatory Scrutiny

Financial projections occupy a central role in the fundraising efforts of early-stage companies. Companies operating pre-revenue or in the initial, optimistic strata of their business lifecycle frequently use financial models and projections. These companies lay bare their assumptions that underpin these models and projections, thereby offering a degree of transparency common in the industry. Additional…

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California Supreme Court Clarifies PAGA Standing in Light of Enforceable Arbitration Agreements

On July 17, 2023, the California Supreme Court issued a key decision which clarifies the impact of enforceable arbitration agreements on standing for California’s Private Attorneys General Act of 2004 (“PAGA”). Previous ambiguity over the issue followed the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022),…

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Ransomware Attack Exposes Fragility of Healthcare Infrastructure in Multiple States

Recent events have once again spotlighted the vulnerability of healthcare infrastructure to cyber threats, with several hospitals and outpatient treatment facilities across three states still grappling with a ransomware attack that took place last week. The attack targeted Prospect Medical Holdings, a Los Angeles-based healthcare organization that oversees 16 hospitals and 165 outpatient facilities scattered…

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Lightspeed Seeks to Exclude Prior $13M Verdict from Upcoming IP Trial

Ahead of a fast-approaching jury trial, point-of-sale and e-commerce organization Lightspeed has proposed a legal strategy aimed at preventing the potential utilization of past litigation victories by their opposition. Specifically, the Pennsylvania-based patent company is being asked not to reference a previous $13M verdict victory that took place in Texas federal court. According to Law360’s…

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