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Regulating a Healthy Lifestyle? FDA Distributes New Draft Guidance on “General Wellness Products”

On January 16, 2015, the Food and Drug Administration (FDA) promulgated a much - anticipated draft guidance concerning the classification and regulation of general wellness products. The draft guidance is the FDA’s latest attempt to…more

Air Emissions May Give Rise to CERCLA Liability

The Pakootas decision appears to be the first in which any federal court has directly addressed this issue. On December 31, 2014, in a case of first impression, Judge Lonny Suko of the U.S. District Court for the Eastern District…more

Massachusetts Adopts Intrastate Crowdfunding Rules, Effective Immediately

The Massachusetts Securities Division has recently joined a number of other states in adopting a “crowdfunding” exemption from securities registration requirements for certain offerings made within the Commonwealth, with the stated…more

Don’t Sleep on this New Jersey Employers: State Supreme Court Adopts More Stringent Test to Claim Independent Contractor Status

Recently, in Hargrove v. Sleepy’s, LLC, the New Jersey Court issued a unanimous decision raising the bar for New Jersey employers seeking to classify individuals as independent contractors under New Jersey’s Wage Payment Law (governing…more

Winter Storm Juno Expected to Bring Lots of Snow, but Also Potential Wage and Hour Issues

So it’s going to snow a lot today and tomorrow. A lot. A potential blizzard. Some say this could be one of the biggest snowstorms ever to hit the East Coast. More than a foot of snow is expected in Manhattan, up to two feet out on…more

FTC and DOJ to Host Second Public Workshop on Health Care Competition

Last March, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) began a public workshop series entitled, “Examining Health Care Competition.” On February 24 and 25, 2015, the FTC will physically host the second…more

ERISA Section 4062(e) Significantly Reformed Effective December 16, 2014

On December 16, 2014, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, which contains provisions that significantly reform ERISA Section 4062(e). The new law is meant to ensure that ERISA…more

The Supreme Court Clarifies the Standard for Reviewing Fact-finding in Claims Construction

On January 20, 2015, the Supreme Court issued its long-awaited decision on the standard of review of factual findings by the trial court in construing patent claims. The Court ruled that factual findings in the context of claim…more

Coming Soon to a Settlement Near You: Next Generation Compliance

In a memorandum issued earlier this month, EPA Assistant Administrator for Enforcement Cynthia Giles encouraged use by EPA staff of “Next Generation Compliance Tools” in civil settlements. Some of the tools are more “next generation”…more

FTC Report Urges Security by Design for Consumer Internet of Things

As the internet of things (IoT) affects more consumers, businesses must build security into the devices at the outset rather than as an afterthought, a report by the Federal Trade Commission (FTC) staff recommends. The report…more

California Environmental Law & Policy Update - December 2014 #3

Environmental and Policy Focus - California needs 11 trillion gallons of water to recover from the drought: Los Angeles Times - Jan 17: A series of recent rainstorms helped deposit needed moisture to California, but it’s…more

Renewable Energy Update - January 2015 #2

Renewable Energy Focus - California Governor Brown calls for 50 percent renewables by 2030 - Greentech Media - Jan 5: California Governor Jerry Brown has upped the ante on the state’s green energy goals, calling for a big…more

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