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On August 4, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against Monsanto Co., Pharmacia LLC and Solutia, Inc., seeking to hold them liable for PCB contamination throughout New Jersey. ( Complaint). While the suit also addresses contamination at Monsanto’s...

This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation that contradicts a subsequent divorce decree; (3) if waiver of a pre...

No ‘slam dunk fix’ in HIPAA privacy law to protect abortion patients The Biden administration wants to lean on the decades-old privacy law to protect abortion patients. What could it actually do? “Typically, the laws are trying to catch up with where the real world is, in terms of what’s going on...

See Eidelman on Page 11

New Jersey’s landmark Environmental Justice Law, N.J.S.A. 13:1D-157 (“EJ Law”), signed by Governor Murphy in September 2020, authorizes the NJDEP to deny or condition certain permits based on an assessment of a “facility’s” contribution to environmental and public health impacts in the State’s...

On June 29, 2022, the U.S. Department of Health and Human Services Office for Civil Rights released two guidance documents addressing (1) disclosures under the HIPAA Privacy Rule relating to reproductive health care (“Disclosure Guidance”), and (2) the privacy and security of reproductive health...

On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan (CPP) that would have required a shift in electrical generation from...

This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...

Investment Adviser ESG Lessons From BNY Mellon Case By Justin Danilewitz, Bethany Beaver and Shivani Govani (June 29, 2022, 11:52 AM EDT) -- In what likely foreshadows increased enforcement activity, on May 23, the U.S. Securities and Exchange Commission announced the settlement of charges against...

The law firm of Saul Ewing invites you to their 7th Biennial Energy and the Environment Symposium in Houston, Texas. This half-day hybrid MCLE brought together in-house counsel, prominent industry representatives and government officials - virtually and in-person - to share their insights on the...

Agencies of the Commonwealth of Pennsylvania regularly publish regulations and policy statements in the Pennsylvania Bulletin. The Departments of Human Services, Health and Environmental Protection are among the agencies that are the most prolific document publishers. Administrative law...

Saul Ewing attorneys Justin Danilewitz, Patrick Hromisin and Zachary Kizitaff in Philadelphia secured a big win in Pennsylvania state court (Chester County) in a criminal pretrial hearing on behalf of Frank Recknagel, a Security Manager for Energy Transfer LP. Mr. Recknagel was charged with seven...

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