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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...
This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim based on alleged misrepresentations from an employer, another district court...
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...
Demystifying International & Interstate Discovery Bill Baton, Vice Chair of the firm's Intellectual Property Practice , will moderate a panel presented by The United States District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey. This...
This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on litigation over claims decisions. Whether reviewing claims under the de novo...
Adam Cantor brings more than 25 years of legal experience to his new role as a partner in Saul Ewing’s Employee Benefits and Executive Compensation Practice, including advising clients on a wide array of executive and equity compensation, deferred compensation, and employee benefits matters. He also...
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...
This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...
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...
Saul Ewing Partners Andy Bockis, Justin Danilewitz and Sean O'Neill will speak at the 2022 Oil & Gas Law Conference on October 26, 2022. Their topic will be "Will the SEC's Proposed Climate Reporting Rules Survive a Major Questions Challenge."
NAVIGATING VOLUNTARY DISCLOSURES UNDER NEW EPA/OIG GUIDANCE TO MITIGATE VIOLATIONS AND PENALTIES Pamela Goodwin, Co-Chair of the firm's Environmental Practice, will speak on a Strafford webinar advising environmental counsel on current EPA policies regarding voluntary self-disclosures. The panel...
This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...
Groups seek to halt Nice Bridge demolition, preserve bike/pedestrian path “Defendants never built the bridge they approved or reviewed in 2012; they built something else,” wrote the lawyers for the plaintiffs, Thomas K. Prevas and Anamika R. Moore of Saul Ewing LLP. “The new bridge provides no safe...
This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...
On July 27, 2022, Florida Governor Ron DeSantis announced legislative proposals and initiatives that would prevent State Board of Administration (SBA) fund managers from considering environmental social and governance (ESG) factors when investing the state’s money. Instead, the proposed legislation...