Alerts

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

On December 20, 2022, the US Senate unveiled the long-awaited Consolidated Appropriations Act, 2023. The US House of Representatives passed the bill three days later, and it is now awaiting President Biden’s signature.

The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces.

The new year brings several new laws and requirements for California employers.  Among changes in 2023, California employers face a higher state minimum wage, increased minimum pay requirements for employees, new protected leaves for an employee to provide care for a “designated person,”

‘Tis the season for many Americans to head out to a local Christmas tree farm. But what if in the course of picking out the perfect tree, someone twists their ankle out in the fields, a tree being felled falls on a caroler, or a car gets dented while the tree is being loaded in?

For years, the National Labor Relations Board (NLRB) sought to make wronged employees whole for the consequences of a respondent’s unfair labor practices.

On December 15, the White House added a new Guidebook to the Inflation Reduction Act to its clean energy webpage.

Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies.

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes to the Guides since 2012.

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software. 

On Nov. 10, the U.S. Court of Appeals for the Second Circuit directed the U.S. Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a Chapter 11 debtor to the Office of the U.S. Trustee, or UST.

Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements and on social media.

Headlines that Matter for Companies and Executives in Regulated Industries

Prop 65 Counsel: What To Know

The Biden Administration has embraced an aggressive and multi-part agenda designed to improve the safety and quality of care nationally in skilled nursing facilities (SNFs). The Biden Administration’s nursing home agenda covers various areas.

The first two years of the Biden administration have resulted in a seismic shift in terminology in the environmental space.

Further expanding generous protected employee leaves, California now will require most private employers to provide up to five days of bereavement leave for a covered family member’s death. Assembly Bill 1949, which Governor Newsom signed, takes effect on January 1, 2023.

On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so doing, the court finalized its decision granting summary judgment.

The US Patent and Trademark Office (USPTO) has issued new guidelines effective December 3, 2022, changing the previous six month office action response period to three months. An extension of an additional three months can be obtained upon request and submission of a $125 fee.

Headlines that Matter for Privacy and Data Security.

The crypto winter is starting to look more like a crypto ice age. In addition to hundreds of billions of dollars in lost market value, the crypto industry has seen major industry players seek protection in bankruptcy court.

On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled as made from environmentally friendly materials.

Under intensive regulatory, commercial, and academic oversight, and notwithstanding its widespread and rapid rate of adoption, biotechnology has produced huge gains in well-being that have flowed to society without any evidence of adverse health or environmental effects.

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series, we will examine key components of a risk assessment framework,