On April 12, 2019, the U.S. Environmental Protection Agency (USEPA) issued an interpretative statement concluding that all releases of pollutants from a point source to groundwater are excluded from the National Pollutant Discharge Elimination System (NPDES) permit program pursuant to Sections 301 and 402 of the Clean Water Act (Act). USEPA’s interpretative statement clarified that such discharges are excluded from NPDES permit requirements even where pollutants are conveyed to jurisdictional surface waters via groundwater.
On March 13, 2019, the City of Cincinnati joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history.
Last month, the United States District Court for the Northern District of Illinois confronted a bank’s potential liability for false information obtained (and even allegedly encouraged) by bank employees in the processing of consumer loans.
President Trump issued two Executive Orders (EO) on April 10, 2019 to expedite permitting and construction of primarily energy-related infrastructure projects.
In a recent decision, the United States District Court for the District of Minnesota held that the Department of Justice (DOJ) can still dismiss a qui tam filed under the False Claims Act even after it has declined to intervene in the case.
On April 3, 2019, the federal Food and Drug Administration (FDA) published a notice in the Federal Register (available in full here) announcing a public hearing and related comment period regarding stakeholders’ experience with products containing the cannabis derivative cannabidiol, popularly known as “CBD.”
On March 26, 2019, the U.S. Senate Committee on Health, Education, Labor & Pensions held a hearing to evaluate a rule proposed by the Office of the National Coordinator for Health Information Technology ) to implement certain provisions of the 21st Century Cures Act (related to health information technology.
On March 20, 2019, the U.S. Supreme Court decided Obduskey v. McCarthy & Holthus LLP, unanimously holding that a business engaged in nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act (the “FDCPA”), except for the limited purpose of one section.
The U.S. Supreme Court has vacated the Ninth Circuit’s decision approving a settlement between Google and a class of its users, based on unresolved questions regarding the users’ standing to bring their federal privacy claim.
On March 18, 2019, New Jersey Governor Phil Murphy signed a bill into law that bars many types of non-disclosure agreements (NDAs) that arise in the employment arena.
On March 7, 2019, the U.S. Department of Labor (DOL) finally released its proposed rule to expand the overtime protections in the Fair Labor Standards Act (FLSA).
OSHA recently issued a final rule eliminating the short-lived requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301.
The United States Court of Appeals for the Federal Circuit released a ruling earlier this month that affirmed a District Court decision that certain medical diagnostic claims of U.S. Patent No. 7,267,820 (the '820 patent) were invalid.
Ohio recently added comprehensive cybersecurity requirements to its insurance laws through Substitute Senate Bill 273, which take effect on or about March 19, 2019.
The U.S. DHS anticipates that the new procedures will result in granting more H-1B visas to beneficiaries with advanced degrees (U.S. master’s degree or higher), thus rewarding the “most-skilled and highest-paid” in support of the Buy American and Hire American Executive Order.
On February 4, 2019, the Sixth Circuit Court of Appeals affirmed a lower court decision upholding the constitutionality of Ohio’s statutory unitization procedures.
