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The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and other characteristics that mimic the sound and style of famous musicians...

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...

The use of artificial intelligence (AI) to generate creative works raises interesting legal challenges to the protection of intellectual property. The plain language of the Copyright Act presents obstacles to artists who may use generative AI as part of their creative process, because an author of a...

The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of AI software that is used to generate visual works of art based on...

On January 6, 2023, the Biden Administration released an interim Guidance on the Consideration of Greenhouse Gas Emissions and Climate Change to assist federal agencies to “better assess and disclose climate impacts” of their policies. See NEPA Guidance on Consideration of Greenhouse Gas Emissions...

The Federal Trade Commission (“FTC”) is soliciting public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides”), as part of its analysis of whether to modify, retain, or rescind the Green Guides. The issues raised in the Green Guides potentially impact any company that...

On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The National College Players Association filed the ULP in February 2022 against...

On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence needed to be eligible for liability protections under the federal superfund...

As always, the new year also brings many new employment laws for California employers. Except as indicated below, they become effective January 1, 2023. The following is a summary of state laws only. Employers need to remember that local jurisdictions frequently have higher requirements that must be...

On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, agreeing to review, “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it...

The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present obstacles to inventors and artists who may use or be AI systems. Recent...

Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their existing buses and trucks into clean vehicles. The most recent program was...

The Inflation Reduction Act (the “IRA”), signed into law on August 16, 2022, appropriates nearly $27 billion to provide financial assistance to certain entities in their efforts to reduce greenhouse gases. This “Greenhouse Gas Reduction Fund” (the “Fund”) is available to a wide range of recipients...

On October 17, 2022, the New Jersey Department of Environmental Protection (NJDEP) published interim soil remediation standards (Interim SRS) in the NJ Register (54 N.J.R. 1980(a)) for four per- and polyfluoroalkyl substances (PFAS) compounds: perfluorononanoic acid (PFNA); perfluorooctanoic acid...

On October 25, 2022, the Equal Employment Opportunity Commission (EEOC) issued Frequently Asked Questions (FAQs) about its new “Know Your Rights” poster that it had issued that had been available for upload on October 19, 2022. The FAQs clarify: There is not a specific deadline for employers to...

On October 19, 2022, the federal Equal Employment Opportunity Commission (EEOC) released an updated poster that must now be posted. The new poster, which is titled “Know Your Rights”, replaces the previous “EEO is the Law” poster. The new poster now includes a QR code for applicants and employees to...

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