Legal Alerts

Legal Alerts

  • October 15, 2021
    White House Proposal Returns to 1978 NEPA Review Procedures

    The Council on Environmental Quality (CEQ) has requested comments, by November 22, 2021, on proposed revisions to the National Environmental Policy Act (NEPA) regulations. The proposal is Phase I in a two-phased approach that will eventually undo a final rule, effective September 2020, that updated NEPA regulations to reflect decades of agency experience and caselaw interpreting the 1969 Act.

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  • October 13, 2021
    SEC Climate Change Disclosure Letter Foreshadows Anticipated Regulatory Changes

    In late September 2021, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) issued a Sample Letter providing guidance to companies on how their climate disclosures will be analyzed for compliance with material risk reporting obligations. The Sample Letter precedes the SEC’s issuance of mandatory climate-related disclosure rules anticipated by year-end and signals a greater focus on specific information used to support securities filings, a development that businesses should take seriously.

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  • October 08, 2021
    All Florida Employers Must Now Report New Hires and Independent Contractors to State Directory

    Previously, all large employers (those with 250 employees or more) were required to report new hires to a state registry. Florida has now expanded that reporting obligation to all employers regardless of size AND added a reporting requirement for independent contractors. Effective October 1, 2021, all Florida companies must report to the State Directory of New Hires all newly hired or rehired employees, as well as independent contractors, who are paid $600 or more per calendar year for services.

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  • October 05, 2021
    New PFAS Reporting Requirements Will Ensnarl Many Companies

    Businesses across the country will soon face challenging new requirements to disclose the presence in their products of, and worker and environmental exposure from, an enormous set of chemicals that have been used for years in products, including cooking pans, furniture and carpets, food wrappers, apparel, paint, automobiles, machinery, and a vast array of other products. The U.S. Environmental Protection Agency (EPA) is set to finalize these new regulations soon.

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  • October 04, 2021
    What Do They Mean, "Judgment Obtained"? Florida Supreme Court Addresses Key Question on State’s 'Proposal For Settlement' Provision

    Florida's Proposal For Settlement (PFS) provision was created to encourage early settlement of litigation and is governed by Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442. In Florida, a PFS can be a strategic move that carries financial consequences if rejected.

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  • September 23, 2021
    Ninth Circuit Revives California Ban on Employer Use of Mandatory Arbitration Agreements

    As previously reported, on October 10, 2019, California enacted AB 51, which prohibited employers from requiring employees to submit to binding agreements that waived “any right, forum or procedure” available under the California Fair Employment and Housing Act (FEHA) and Labor Code for resolving employment-based claims. Labor Code § 432.6 (a). Last week, in a divided 2-1 panel decision, the Ninth Circuit reversed in part the district court’s conclusion that AB 51 is preempted by the FAA and vacated the preliminary injunction, holding that the core of AB 51 – the prohibition of mandatory employment arbitration agreements – is not preempted.

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  • September 20, 2021
    California Court of Appeal Holds Trial Courts Can Strike Unmanageable PAGA Claims

    On September 9, 2021, in a significant victory for California employers, the California Court of Appeal issued the first published appellate opinion in Wesson v. Staples the Office Superstore, LLC holding that trial courts have authority to ensure the manageability of PAGA claims, which includes the power to strike unmanageable PAGA claims as necessary.

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  • September 20, 2021
    Colorado Legislature Overturns Ferrer, Permits Direct Negligence Claims Alongside Respondeat Superior Claim

    In May 2021, Colorado Governor Jared Polis signed HB21-1188, which explicitly overturned the Colorado Supreme Court’s ruling in Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017). This law went into effect on September 7, 2021.

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