This week, the Fourth Circuit issued a decision in Upstate Forever v. Kinder Morgan Energy Partners, L.P. that addresses three key issues arising in many federal Clean Water Act (CWA) cases:
Polaris Industries Inc. has agreed to pay a $27.25 million civil penalty to settle charges, the largest CPSC has ever imposed on one company.
For the past several years, plaintiffs’ lawyers have been targeting businesses’ ecommerce websites with claims that they deny individuals with disabilities equal access to goods and services, in violation of Title III of the Americans with Disabilities Act (ADA).
The Supreme Court of Virginia reversed a lower court decision in December 2017, finding that false reps and warranties leading into an acquisition is fraud.
The Ninth Circuit U.S. Court of Appeals held Monday, on the eve of National Equal Pay Day, that it violates the Equal Pay Act to use pay history to justify wage gaps between male and female employees for the same or substantially similar work.
In this video episode of Fashion Counsel, Anthony Lupo and Richard Brand discuss the issues and opportunities in naming rights and sponsorships.
On March 21, 2018, South Dakota became the forty-ninth state to enact a data breach notification statute, which becomes effective July 1, 2018.
On April 3, 2018, the Illinois Commerce Commission (ICC) approved, with a number of substantial modifications, the Illinois Power Agency’s (IPA) first “long term renewable resources procurement plan” under the Illinois Future Energy Jobs Act (Illinois Public Act 99-0906.
New York’s highest court has rejected Lindsay Lohan’s invasion of privacy claims against the developer of the Grand Theft Auto video games.
Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural requirements may strip them of the deference their benefit determinations enjoy.
Got blockchain? For many, the answer to this question is “no” but the technology and the medium of exchange built on it have arrived and many platforms and industries are looking to see how it can help facilitate transactions and allow for more efficiencies.
In a striking victory for media companies and the First Amendment, a California appeals court recently threw out two-time Academy Award winner Olivia de Havilland’s lawsuit against FX, which alleged that the docudrama Feud harmed her reputation and profited off her name without compensating her.
On March 22, 2018, President Trump signed a memorandum directing the US Trade Representative (USTR) to publish a proposed list of approximately 1,300 products of Chinese origin that would be subject to an additional 25 percent ad valorem tariff, pursuant to Section 301 of the Trade Act of 1974.
The Centers for Medicare & Medicaid Services (CMS) published a final notice in the Federal Register on March 23, 2018, to amend and update for the first time since its original release in 1991 the Medicaid National Drug Rebate Agreement (NDRA).
“Standing” – a person’s right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which required that a person’s injury be both “concrete” and “particularized” to confer standing.
The Centers for Medicare & Medicaid Services published a final notice in the Federal Register on March 23, 2018, to amend and update for the first time since its original release in 1991 the Medicaid National Drug Rebate Agreement.
On April 2, 2018, the U.S. Supreme Court issued its long awaited decision in Encino Motorcars, LLC v. Hector Navarro, finding that Service Advisors at auto dealerships are exempt from the Fair Labor Standards Act’s overtime pay requirement.
Good luck, you’re gonna need it. SF Motors is the newest kid on the EV block, but they may already have an edge over other startups.
Court has granted partial summary judgment in a trade dress infringement and unfair competition case involving alleged knock-off bottle.
In an attempt to unite disparate regulatory decisions covering cryptocurrency activity in New York, the New York State Assembly has introduced a new bill creating a comprehensive certification scheme for cryptocurrency businesses that includes protections for investors.
Yesterday, USDA formally announced that it “does not regulate or have any plans to regulate plants” created using new breeding techniques, such as gene editing, as long as such plants “are developed without the use of a plant pest as the donor or vector and they are not themselves plant pests.”
On March 27, 2018, the New Your Court of Appeals issued an opinion rejecting the “unavailability exception” to the general rule that a policyholder is self-insured and on the risk for periods of time when insurance coverage was not obtained.
the Centers for Medicare & Medicaid Services issued a National Coverage Determination on March 16, 2018 approving Medicare coverage and payment for diagnostic laboratory tests utilizing next generation sequencing, or NGS, for patients with certain types of advanced cancer.
On March 20, 2018, the San Francisco Board of Supervisors voted to ban the sale of fur in the city, making it the largest city in the United States to do so.
In the final chapter of the long-running saga in Cortlandt St. Recovery Corp. v. Bonderman, – N.E.3d –, 2018 WL 942335, at *4 (N.Y. Feb. 20, 2018), [1] the New York Court of Appeals, issued a landmark opinion holding.