Blog Post
Published 02/23/2022
By Ruth A. Rauls, Erik P. Pramschufer
Alert
Published 02/21/2022
Industries Energy
Sweeping changes were announced at FERC on Thursday, February 17, 2022, when the majority of Federal Energy Regulatory Commission (FERC) Commissioners (Chairman Glick with Commissioners Clement and Phillips), amid blistering dissents from Commissioners Christie and Danly, voted to approve the Updated Policy Statement on Certification of New Interstate Natural Gas Facilities and the Interim Policy Statemen t (GHG Policy) on consideration of greenhouse gas emissions (GHGs) in natural gas infrastructure projects. The two policy statements together change both the burden of proof and presumptions...
Alert
Published 02/15/2022
Services Cybersecurity and Privacy
In a data breach lawsuit, a plaintiff will sue a company that suffered a data breach in which the plaintiff’s personal information was stolen by cyberattackers. The plaintiff will claim that the breach has exposed the plaintiff to an increased risk that criminals will steal their identity at some point in the future. A recurring issue in these lawsuits is whether such an allegation is a sufficiently “concrete” injury such that the plaintiff has standing to bring their claims. Lately, courts have begun to consider the Supreme Court’s recent decision in TransUnion LLC v. Ramirez , 141 S. Ct...
Article
Published 02/14/2022
Industries Construction | Real Estate
Blog Post
Published 02/14/2022
Blog Post
Published 02/14/2022
Alert
Published 02/11/2022
Services Class Actions | Cybersecurity and Privacy
On February 3, 2022, the Illinois Supreme Court held in the case of McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (the “Compensation Act”) do not preempt a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”). The Court found that damages to an individual’s right to privacy as a result of a BIPA violation are not the type of compensable injuries capable of redress under the Compensation Act. This decision, while bootstrapping an employer’s protections from claims for...
Article
Published 02/09/2022
Services Labor and Employment
Alert
Published 02/08/2022
Industries Construction | Energy | Real Estate
Services Environmental
The Maryland State Senate introduced a bill that will prohibit all new buildings from using natural gas or heating oil beginning in 2023, as well as place other restrictions on replacing heating systems in older buildings. If enacted, The Climate Solutions Now Act of 2022 (“Bill”), which recently was introduced in the Maryland Senate, would force new buildings to meet green energy code standards and cease fossil fuel hookups and would require existing buildings to undertake emissions reporting and reductions or face fines and penalties. Although climate change initiatives are important,...
Alert
Published 02/08/2022
Industries Health Care
Services White Collar and Government Enforcement
On February 1, 2022, the U.S. Department of Justice (DOJ) released its enforcement statistics for fiscal year 2021 ( here ). The DOJ obtained over $5.6 billion in False Claims Act (FCA) recoveries in the fiscal year ending September 30, 2021. This is the second-highest annual FCA recovery since 2014 when the DOJ secured $6.2 billion. Health care and life sciences matters once again accounted for the majority of FCA recoveries in 2021, including $2.8 billion from the DOJ’s October 2020 settlement with Purdue Pharma LP (Purdue), the manufacturer of OxyContin. What You Need to Know: In fiscal...
Blog Post
Published 02/07/2022
By Hector Galeano, Cynthia Gomez
Alert
Published 02/04/2022
This month’s Friday Five explores recent decisions that elucidate the difference between disputes that call upon the discretion and judgment of a court compared to disputes where the court is called upon to follow hard-and-fast rules without discretion. Examples of disputes implicating the judgment of a court include questions as to whether an insurer’s decision is arbitrary and capricious, and whether a successful claimant’s application for attorney’s fees including the rates and time spent by counsel are reasonable. Examples of disputes where courts are called to follow strict rules include...
Alert
Published 02/03/2022
Industries Real Estate
Starting on July 1, 2022, new warehouses developed in New Jersey will be required to be “solar-ready”. What You Need to Know: Requirements apply to new warehouses of at least 100,000 square feet where construction permits have not been declared complete by the enforcing agency as of July 1, 2022. To comply, a warehouse must set aside at least 40 percent of its roof area for the future installation of a solar photovoltaic or solar thermal system Rules and regulations establishing standards for the design and construction of solar-ready buildings will be forthcoming from NJ’s Department of...
Alert
Published 02/01/2022
Industries Health Care
COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the U.S. economy have been affected during this pandemic, perhaps none more than our health care delivery system. Our health care providers – academic medical centers, hospitals, physicians, pharmacists and every licensed health care professional – and the health care administrators have uniformly been our heroes, and we offer a sincere thanks for their continued efforts. ...
Article
Published 01/27/2022
Services Corporate | Environmental, Social and Governance (ESG) | Securities Transactions and Regulations
Alert
Published 01/25/2022
Services Antitrust
On January 24, the Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds. The new thresholds were published in the Federal Register on January 24 and will take effect 30 days after publication. Therefore, they will apply to all closings which occur on or after February 23, 2022, (see below) and will remain in effect until the next annual change in early 2023. See Federal Register: Revised Jurisdictional Thresholds for Section 7A of the Clayton Act. What You Need to Know Are you involved in a merger, acquisition or other similar business...