Mar 29, 2023 SCUBA divers are safe from the NIMBYs in Rockport for now, thanks to a decision by three Judges of the First Circuit Court of Appeals By Jeff Porter Law360 shares the good news that three Judges in the First Circuit Court of Appeals have affirmed the Federal District Court's dismissal...
Mar 27, 2023 Who (Actually) is the Boss? The NLRB, Supervisors, and Non-Disparagement Provisions By Jennifer B. Rubin The NLRB's decision addressing non-disparagement provisions and its General Counsel's recent follow-on advisory about the scope of that...
Mar 27, 2023 Email Layoffs from the Employment Litigator’s Lens By Paul Huston Danielle Bereznay With the market continuing on its roller coaster trajectory, many employers have been forced to make big cuts to payroll. When doing so,...
Mar 24, 2023 This isn't an early April Fools joke -- the US Forest Service is applying for a NPDES permit so that it can keep fighting forest fires! By Jeff Porter Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge...
Mar 22, 2023 Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case By Jeff Porter Sam Hess of Inside EPA points out that Judge Brown of Texas concluded that the United States Supreme Court's nearly forty year old...
Mar 21, 2023 President Biden Issues First Veto to Protect ESG Investing By Jacob H. Hupart Today, President Biden issued the first veto of his presidency. This action had been heavily telegraphed in advance and was widely...
Mar 20, 2023 EPA's eighth attempt to define the reach of the Federal Clean Water Act will be the law in no more than 48 of the 50 states (so far) By Jeff Porter Like I said at the beginning of the month, most of us have seen this sad movie before so it is no surprise that EPA's eighth attempt to...
Mar 16, 2023 Another NIMBY challenge in Nantucket, this one challenging public waterfront access By Jeff Porter The Boston Globe is reporting on NIMBY opposition to a clam shack on Nantucket's Straight Wharf. It seems that residents of the adjacent...
Mar 16, 2023 AG Garland signals that Department of Justice's cannabis policy will be "very close" to Cole memorandum By Jane Haviland In his March 1, 2023 testimony before the United States Senate, Attorney General Merrick Garland indicated that the Department of...
Mar 16, 2023 SEC Commissioner Uyeda Suggests that ESG Disclosures Contribute to Decline in IPOs By Jacob H. Hupart In a recent lecture delivered at Columbia Law School/Business School at the "Going Public in the 2020s" conference, SEC Commissioner...
Mar 16, 2023 President Biden Threatens First Veto Over Congressional Nullification of DOL Regulation Enabling Consideration of ESG Factors By Jacob H. Hupart Last fall, the Biden Administration's Department of Labor ("DOL") issued a regulation ("Prudence and Loyalty in Selecting Plan...
Mar 15, 2023 SEC Continues Focus on ESG Issues in 2023 Examination Priorities By Jacob H. Hupart Last month, the SEC issued its list of examination priorities for 2023. Among the list of six priorities identified by the SEC in its...
Mar 14, 2023 EPA has concluded that PFAS are an "urgent public health and environmental issue" but everyone isn't on the same page about what happens next. By Jeff Porter EPA continues to make measurable progress toward the milestones it established in its 2021 PFAS road map. It has arranged for an...
Mar 14, 2023 SEC Notice to Public Companies: Less-than-forthcoming Breach Disclosures Can Cost You By Cynthia Larose Just ahead of the expected April release of the final SEC cybersecurity regulations, the SEC has fined Blackbaud, a donor data management...
Mar 12, 2023 The SVB Payroll Predicament By Jennifer B. Rubin Employers with SVB accounts face a serious predicament with an imminent and urgent need to make payroll. Given the potential liabilities...
Mar 09, 2023 Healthcare Hacks: Weak links By Cynthia Larose The FBI and the Cybersecurity & Infrastructure Security Agency have been warning the healthcare sector for years about vulnerabilities...