Companies that submitted claims for protection of their confidential business information (CBI) after the Toxic Substances Control Act (TSCA) was amended in 2016 risk having their information released publicly beginning this...more
We anticipate that the Environmental Protection Agency (EPA) and the courts will keep chemical companies and anyone else that handles chemical substances hopping in 2026. Here is a brief summary of what to expect under the...more
As reported in our September 12, 2025, blog item, under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA), most confidential business...more
The U.S. Environmental Protection Agency announced Jan. 5 the process it will be using to notify manufacturers and users of certain toxic substances about imminently expiring confidential business information claims (CBI)...more
A federal court in Michigan largely denied a franchisor’s motion for preliminary injunction against its former franchisees, accused of breach of contract, trademark infringement, trade secret misappropriation, and civil...more
Under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA), most confidential business information (CBI) claims will expire after ten...more
The Second Circuit has narrowed the wire fraud statute (18 U.S.C. § 1343), ruling that a fraudulent scheme must target property with actual commercial value to the victim; mere confidential business information...more
On 23 July 2025 the Supreme Court handed down a judgment confirming the approach public authorities should take when deciding whether to disclose information under the Freedom of Information Act 2000 (FOIA), where there may...more
On July 24, 2025, U.S. Environmental Protection Agency (EPA) approved a Test Marketing Exemption (TME) under section 5(h)(1) of the Toxic Substances Control Act (TSCA) for a confidential new chemical substance (TME...more
Information leaks can range from exposures of internal decisions and salary data to the disclosure of intellectual property, strategy documents, or board minutes. Whether accidental or intentional, these leaks demand...more
In a landmark decision, the D.C. Circuit Court invalidated an aspect of a U.S. Environmental Protection Agency (EPA) rule concerning confidential business information (CBI) under the Toxic Substances Control Act (TSCA). The...more
The D.C. Circuit Court of Appeals vacated a portion of the Confidential Business Information rule (CBI) in the Toxic Substances Control Act (TSCA) regulations as the panel of judges found it unlawfully allows for the unwanted...more
On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances...more
While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to...more
On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical...more
When it comes to discovery of mobile devices, organizations today must consider being proactive regarding how mobile devices of their employees and contractors are managed and what rights they have regarding the storage and...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on October 29, 2024, notifying federal contractors of its receipt of two new requests under the...more
On September 27, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule extending the submission deadline for the 2024 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) from September 30...more
Le gouvernement du Canada a fourni des directives supplémentaires aux parties intéressées concernant la conformité aux exigences de déclaration aux termes desquelles les fabricants, les importateurs et les utilisateurs de 312...more
On September 20, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is extending the submission deadline for 2024 Chemical Data Reporting (CDR) reports from September 30, 2024, to November 22, 2024. The...more
The U.S. Environmental Protecting Agency (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations to extend the September 30, 2024 submission deadline for 2024 reports to November...more
The Government of Canada has provided additional guidance to stakeholders regarding compliance with a mandatory survey requiring manufacturers, importers and users of 312 per- and polyfluoroalkyl substances (PFAS) to report...more
The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period began June 1, 2024, and will...more
The U.S. Environmental Protection Agency is scheduled to publish a direct final rule on September 5, 2024, that will amend the Toxic Substances Control Act (TSCA) regulation with reporting and recordkeeping requirements for...more
On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on the manufacture, import, and use of 312 specific per- and polyfluoroalkyl...more