Jan 31, 2023 Revisiting the Attorney Client Privilege in the Wake of the Supreme Court's Dismissal of In re Grand Jury By Evan Piercey In re Grand Jury, a case closely watched by lawyers and in-house counsel, had the potential to fundamentally alter the scope of the...
Jan 31, 2023 Happy Data Privacy Day from the California AG: CCPA Violation Warning Letters By Cynthia Larose Issuing California Consumer Privacy Act (CCPA) warning letters is becoming an annual Data Privacy Day observance for California Attorney...
Jan 30, 2023 Before cheering the DC Circuit's dismissal of the American Chemistry Council's PFAS lawsuit, let's recognize its effect on all NGOs By Jeff Porter Three Judges of the DC Circuit Court of Appeals have dismissed the American Chemistry Council's complaint challenging EPA's interim...
Jan 27, 2023 Feds "Hack the Hackers" and take down prolific (and dangerous) ransomware gang By Cynthia Larose A ransomware gang that has been targeting hospitals and other health care providers has been at least temporarily dismantled by the FBI. ...
Jan 26, 2023 The Digital Dismissal Dilemma By Jennifer B. Rubin The recent New York Times piece about the chaos arising from terminating remote workers highlights the difficulties employers face when...
Jan 25, 2023 Florida CFO Bans ESG Investing By Florida Deferred Compensation Plan By Jacob H. Hupart This week, Florida CFO Patronis directed "all participating asset managers to remove ESG investment funds as options for participants in...
Jan 25, 2023 This NIMBY lawsuit is doomed but that doesn't mean that it won't cause considerable harm before it dies. By Jeff Porter Yesterday the Nantucket Residents Against Turbines were in Federal Court arguing the merits of their last ditch effort to stop the...
Jan 25, 2023 News of Recent Layoffs Prompts a Review of the WARN Act By Emma Follansbee WARN Act compliance is evergreen. Recent tech layoffs provide an important reminder of WARN’s importance for all employers contemplating...
Jan 23, 2023 Texas AG Bars Major Bank from Underwriting Municipal Bond Offerings in Texas Due to Alleged Discrimination Against Firearms Industry By Jacob H. Hupart Last week, it was reported that the Texas Attorney General would "not approve any public security" which was purchased or issued by a...
Jan 23, 2023 This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to court. By Jeff Porter Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit...
Jan 18, 2023 This Federal Court reminds us that most of the Executive Branch's environmental protection authority comes from Congress By Jeff Porter Inside EPA is reporting this morning that a three judge panel of the 10th Circuit Court of Appeals has joined the 9th Circuit Court of...
Jan 18, 2023 Future of Non-Competes Up in the Air By Paul Huston Future of Non-Competes Up in the Air The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That...
Jan 13, 2023 Pay Transparency Challenges... and Opportunities By Mike Flesuras If your business hires employees in California, you are no doubt aware that the Golden State rang in the New Year by becoming yet another...
Jan 12, 2023 Backwards, forwards, square, and round. The battle over the reach of the Federal Clean Water Act continues. By Jeff Porter Backwards, forwards, square and round. So goes a lyric by the late great Jeff Beck who died this week. Mr. Beck wasn't writing about...
Jan 10, 2023 Chair Powell States Federal Reserve is Not a "Climate Policymaker" By Jacob H. Hupart Today, Chair Powell of the Federal Reserve delivered a speech at the Symposium of Central Bank Independence in Stockholm, Sweden, in...
Jan 10, 2023 There once was a coastal resiliency project on Nantucket . . . A cautionary tale. By Jeff Porter Yesterday the Sconset Beach Preservation Fund announced it would comply with a Nantucket Conservation Commission enforcement order and...