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Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business Corporation Act, a closely held corporation is a corporation with 35 or fewer...

On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act...

On April 18, 2024, the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) collectively launched a new publicly accessible web portal to which members of the public can make reports of what they believe to be competition –...

The United States Environmental Protection Agency ("EPA") on April 10, 2024 issued the first-ever federal regulatory limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA's PFAS drinking water standards will be accompanied by almost $1 billion in funding for public water...

Understanding the complex intersection of environmental regulations intended to combat climate change between now and 2050 while responding to the U.S. tech economy’s exponential growth in energy demand will require collaboration between consumers, industry and government, and reliance upon a...

This checklist highlights certain considerations for companies preparing to file annual reports on Form 10-K for the calendar year ended 2023 and is intended to serve as a focused resource highlighting changes in disclosure requirements and points of emphasis for the Securities and Exchange...

The Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds. The new thresholds will take effect 30 days after publication in the Federal Register and will remain in effect until the next annual change in early 2025. See Federal Register: Revised...

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality criteria for 65 constituents of Class II-A ground water. NJDEP is also...

On November 21, 2023, the Federal Trade Commission (FTC) approved a resolution allowing it to use “compulsory process in nonpublic investigations involving certain products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.” This allows the...

This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes on the ESG front, but this regular publication will allow us to dive...

On June 27, 2023, the U.S. Supreme Court decided that states can require corporations registered in their state to consent to be sued in the state as a condition of doing business there—even if the facts of a lawsuit occurred several states away and the corporation is not "at home" in the state...

On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The involved patents, US 8,829,165 and US 8,859,741, are directed to monoclonal...

Introduction The Supreme Court of the United States recently clarified the scope of appellate review over "purely legal" issues in cases where no post-trial motions were filed prior to an appeal. In Dupree v. Younger, No. 22-210, the Court unanimously reversed a decision of the United States Court...

The deal reached between the President and House Speaker McCarthy on the debt limit bill includes provisions approving a natural gas pipeline project (Mountain Valley Pipeline) and eliminating any judicial review of its existing and future permits, and also includes some limited reform of the...

The Sacketts made history again [1] in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell Sackett battled against a United States Environmental Protection Agency (EPA...

The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement [1] in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of environmental groups alleging the EPA is not doing enough to ensure...

New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New Jersey’s landmark Environmental Justice Law. In a tandem action, the White...

In February, 2023, the Antitrust Division of the Department of Justice (“DOJ”) announced they are withdrawing three (3) antitrust policy statements – two of which date from the 1990s – which have been relied upon by healthcare providers and their counsel guiding them through their merger and...

On February 1, 2023, the parties completed briefing on the Consumer Financial Protection Bureau’s (“CFPB”) petition for writ of certiorari to the U.S. Supreme Court in the case of Consumer Financial Services Association of America, Limited, v. Consumer Financial Protection Bureau (“ CFSA”). The CFPB...

BACKGROUND: The Rule - What It Means and What It Prohibits A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person to serve as a director of competing corporations. If certain conditions exist...

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