District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod
In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to...
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Draft SEC Five-Year Strategic Plan Emphasizes Importance of Climate Disclosures
Recently, the SEC issued its five-year strategic plan for public comment. This strategic plan covers a wide variety of topics,...
Maine's highest court has given the New England Clean Energy Connect project a map to viability, but it isn't out of the woods yet.
Maine's Supreme Judicial Court has held that a 2021 referendum that may have killed the New England Clean Energy Connect project may also...
The DOJ tells the multi-district PFAS litigation Judge what we all already knew -- naming any PFAS "hazardous substances" is a game changer.
For years almost 2000 plaintiffs have been litigating in Federal Court in South Carolina against dozens of manufacturers and distributors...
The Workplace of Tomorrow is Now: What is Your Strategy?
As we approach Labor Day, and continue to emerge from the pandemic restrictions, return to work (and what that might mean in terms of the...
Texas Identifies Financial Companies Targeted For Divestment Due to "Energy Boycott"
On August 24, 2022, the Texas Comptroller published a list of ten financial companies (only one of which is U.S.-based) and approximately...
Will one PFAS consequence be cities and towns getting out of the water business?
Now that EPA has designated as "hazardous substances" at least two of the hundreds of "forever chemicals" known collectively as PFAS,...
It's official. PFOA and PFOS will soon be "hazardous substances" from coast to coast.
Within days of Office of Management and Budget and Science Advisory Board blessings, EPA has formally proposed that PFOA and PFOS, two of...
Discussing the NASDAQ Board Diversity Rule Challenge
Board diversity continues to be a concerted area of focus for companies, investors, regulators and other stakeholders. Progress...
Should Quiet Quitting Result in Noisy Terminations?
Today's Wall Street Journal piece about the "quiet quitting" backlash raises some good points about workplace performance management....
Work From Home No More?
During the past two and a half years, many white-collar employees worked from home, or, in some cases, from Starbucks, shared work spaces...
Employers Address "Quiet Quitting"
You've likely heard about the latest term to enter the workplace zeitgeist - "quiet quitting" - from any number of sources, including the
EPA's Science Advisory Board is blessing EPA PFAS basis for setting drinking water standards. They may not be zero but they'll likely be close to it.
This week EPA's Science Advisory Board issued its final report on EPA's assessment of the risks associated with drinking water containing...
The Opportunity To Fail
I have enjoyed reading some of the recent press around a large VC investment in the residential rental real estate company launched by...
The Most Wonderful Time of the Year (California Style)
We all know the Staples commercial depicting parental glee as they send their children back to school after a (long) summer break. One...
EPA hit a PFAS speed bump at the White House Office of Management and Budget but don't expect a detour!
EPA has been cleared by the White House Office of Management and Budget to list two of the hundreds of chemicals collectively known as...
Fed Provides Crypto Guidance – Or Is At Least Willing To “Talk Crypto”
This week the Federal Reserve (“the Fed”) issued guidance telling all banking organizations that it supervises (“Supervised Banks”) what...
Ohio State Board of Professional Conduct Says Lawyers Can Hold Crypto in Escrow
Get those cold storage crypto wallets ready, Ohio lawyers! The Ohio Board of Professional Conduct issued an advisory opinion allowing...
NY Times Reports on Coordinated Effort by Republican Officeholders to Penalize Companies' Efforts to Reduce GHG Emissions
The New York Times has reported that the State Financial Officers Association has "push[ed] Republican state treasurers, who are mostly...
Do Job Titles Really Matter?
Today's New York Times article about funky pandemic-driven job titles ("Chief Heart Officer" "Head of Dynamic Work" and "Vice President...
Forbes reports that Every U.S. Crypto Exchange is being Investigated by the SEC
Forbes reported today that “every” U.S. crypto exchange is being investigated by the SEC. Forbes cited to an unnamed staffer for Senator...
Section 18 "Eyeball Reliance" Claim Brought to the SPAC Fight
As my Mintz colleague, Peter Saparoff, suggested a few years back, Section 18 of the Securities Exchange Act of 1934, "while seldom used...
Senate Bill Defines Bitcoin, Ether as Digital Commodities to be Regulated By CFTC
Following the announcement DOJ/SEC enforcement actions alleged insider trading against a former Coinbase employee, many cried foul at the...
Cryptocurrency - Compliance Matters
July was a hot month for crypto enforcement, but August is off to a hot start in its own right. On August 2, 2022, the New York State...
Republican SEC Commissioners Telegraph Continued Opposition to Climate Disclosure Rules
Last week, the two Republican Commissioners of the SEC availed themselves of the opportunity presented by the ability to comment on the...
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