News & Analysis as of

ASTM

Alleged Violations of Florida Building Code Not Subject to Class Treatment

by Carlton Fields on

Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

Crib Bumpers: The Current Regulatory Picture

by Stinson Leonard Street on

When it comes to a baby's room, many parents find that matching is a must. One type of "matching" item that many consumers purchase is a pad that lines the interior of a crib, known as a crib bumper. Indeed, crib bumpers are...more

Cannabis Standardization: The Next Step on the Path to Full Legalization

by Wilson Elser on

The cannabis industry is about to take a giant leap forward in its quest for legitimacy and long-term stability. On March 1, 2017, the American Society for Testing and Materials (ASTM International) announced that it will...more

ASTM Updates Phase I Standard for Assessing Forestland or Rural Property

by McGuireWoods LLP on

On Jan. 3, ASTM International released an updated version of its Phase I environmental site assessment standard for assessing rural and forestland properties for potential releases of hazardous substances and petroleum...more

Co-sleeping Safely: A Guide to the Current Regulations of Infant Bedside Sleepers

by Stinson Leonard Street on

The bedside sleeper, also called a "co-sleeper" or "co-sleeping bassinet," provides a baby and parent their own sleeping experiences while still enabling the parent to be in close proximity to the baby. This product is most...more

The First Baby Bed: A Guide to Current and Proposed Regulations of Bassinets

by Stinson Leonard Street on

Have you ever wondered which type of children's product has the longest history? As far as children's sleeping products are concerned, the bassinet is probably the most time-honored staple. Iron baby beds were developed in...more

USDA Renews Safety Equipment Institute Contract To Manage Biobased Certification Program

by Bergeson & Campbell, P.C. on

On September 1, 2016, the Safety Equipment Institute (SEI) announced that it was selected to manage the U.S. Department of Agriculture's (USDA) Biobased Certification Program for the next five years....more

The Modern Play Pen: A Guide to the Current and Proposed Regulations of Play Yards

by Stinson Leonard Street on

On May 12, 1998, 16-month-old Danny Keysar died after his portable crib, also known as a play yard, collapsed while he was napping at his licensed childcare facility in Chicago. When the play yard collapsed, Danny's neck had...more

ASTM International Updates Standard To Determine Biobased Content Of Bioproducts

by Bergeson & Campbell, P.C. on

ASTM International's Committee on Plastics recently approved revisions to standard D6866, Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis. ...more

“Shaking” Things Up: Seismic Risk Assessments

by Dechert LLP on

Returning to our theme that nothing’s easy and everything keeps changing, here is one out of left field. Let’s talk PML and seismic risk. ASTM International, the market standard setting organization for everything from toilet...more

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

by Bryan Cave on

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

FAA Advisory Group Recommends Framework for Drone Flights Over People

by Holland & Knight LLP on

Today, April 6, a panel of industry experts assembled by the Federal Aviation Administration (FAA) submitted its report recommending a new regulatory framework for the flight of unmanned aircraft systems (UAS), or drones,...more

West Coast Real Estate Update: Feb. 2016 #4

by Holland & Knight LLP on

ASTM Updates Property Condition Assessments Standard - The American Society for Testing and Materials (ASTM) published at the end of 2015 the latest version of the Standard Guide for Property Condition Assessments:...more

2016 Emerging Issues in the Children's Products Industry

by Stinson Leonard Street on

Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the...more

Global Private Equity Newsletter - Winter 2016 Edition: Tools for Managing Environmental Risks in Deals

by Dechert LLP on

When parties to an M&A deal consider most environmental risks, they essentially seek the same goals that they seek with respect to other liabilities in the deal. M&A sellers, particularly private equity sellers, seek to avoid...more

Children's Products and the Consumer Product Safety Improvement Act of 2008: A Synopsis of the Rules and Regulations Governing Toy...

by Stinson Leonard Street on

Children's products, including toys, are regulated by the Consumer Product Safety Commission (CPSC) through the Consumer Product Safety Improvement Act of 2008 (CPSIA). Certain sections of CPSIA focus on children's toys....more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

by Faegre Baker Daniels on

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

Nearing a Tipping Point on a Mandatory Furniture Tip-Over Standard?

by McGuireWoods LLP on

Currently, furniture makers and retailers may opt to comply with voluntary stability and tip-over standards established by the American Society for Testing Materials (ASTM). The Consumer Product Safety Commission (CPSC)...more

3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles

by Reed Smith on

This white paper – 3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles – explores the legal ramifications and risks of the rapidly increasing use of 3D printing of medical devices. 3D...more

EPA Issues Vapor Intrusion Guidance

by Williams Mullen on

Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. ...more

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

(US) Revised Phase I Environmental Standards Will Impact Property Acquisitions this Fall

by Reed Smith on

The All Appropriate Inquiries Rule (the “AAI Rule”), set forth at 40 CFR Part 312, serves as a benchmark protocol for inspecting a property’s environmental condition. If the benchmark is met, a prospective purchaser can be...more

Expert Testimony May Be Required To Establish CERCLA Innocent Landowner Defense

by Snell & Wilmer on

On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more

Every Picture Tells a Story... Convincing Regulators and Courts of Your Client’s Position

by Pepper Hamilton LLP on

When facing the potential of spending large sums of money on remediation, administrative enforcement, or litigation due to a chemical release to the environment, you must be able to take the collected information and data and...more

EPA Updates Rule for Site Assessments to Address the Innocent Landowner Defense

by Burr & Forman on

On October 6, 2014, the Environmental Protection Agency (“EPA”) adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were...more

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