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Inflation Reduction Act
Artists Beware—Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph
In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith , 1 the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright owners. The Court held...
What In-House Counsel Need to Know About Insurance
This presentation covers key aspects of insurance issues from a legal standpoint. It begins by addressing how policies are structured and interpreted and then turns to how that plays out in practice through the claims process. Insurance is designed to...
Will Generic ESG Statements Lead to a Wave of Securities Litigation?
These days, it is commonplace for companies to commit to general concepts like “sustainability” or a “diverse workforce” in public statements and SEC disclosures. But when stock prices drop as a result of specific environmental, social and governance (“ESG”) issues...
Guarding the Grid: DOE Releases 100-Day Cybersecurity Pilot Program
The February 2021 hack into Oldsmar, Florida’s water treatment system is a frightening reminder that critical infrastructure systems can be vulnerable to cyberattacks and that cyberattacks can jeopardize health and safety. In this case, the hack may have spurred government...
Icy Hot: Texas Policyholders With Damage from Winter's Late-Season Freeze Must Also Prepare for Early-Season Hurricanes
Although many organizations in Texas are still grappling with the impacts from February’s winter storm, hurricane season is right around the corner. Officially, it runs from June 1 to November 30. But due to the steady increase of early-season hurricanes...
FERC Issues Carbon Pricing Policy
On April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets. [1] The non-binding policy statement provides guidance regarding the manner in which FERC will evaluate proposals...
Winds of Change: Big Oil's Move into UK Offshore Wind
The rise of offshore wind Offshore wind technology is becoming increasingly mainstream. In 2009, offshore wind represented only 1% of global wind generation capacity, a figure which had grown to 10% by 2019. 1 In recent times, the rise of...
Biden's Selection of Doug Parker as OSHA Head Signals Aggressive Safety and Health Enforcement and Close Collaboration with Organized Labor
On this past Friday, April 9, President Biden announced his intent to nominate Doug Parker, the current chief occupational safety and health regulator in California, to serve as the United States Department of Labor’s Assistant Secretary for Occupational Safety and...
What Will the SEC's ESG Enforcement Look Like? Cyber Cases Offer Clues
As the SEC has become more vocal in its expectations for environmental, social, and government (ESG) disclosure, serious questions remain about how ESG matters will be investigated and what enforcement measures might look like . Indicators suggest that the SEC...
Change at the Interior Department: A Look Ahead
President Biden has lost no time in seeking to fulfill campaign promises pertaining to energy, the environment, and natural resources. Many of these are within the jurisdiction of the Department of the Interior, including a strong push for renewable energy...
A Renewed Regional Alliance?
Article originally appeared in The Oath Issue 101 | March 2021 With the lifting of the Qatar embargo previously imposed by the UAE and Saudi Arabia, questions are being asked whether trading relationships between the three countries will return to...
Prepare For More Financial Scrutiny Ahead
Article originally published on StrategicCFO360 CFOs already grappling with the impact of the coronavirus pandemic and uncertainty about its impact on labor, real estate and other long-term costs will have several new challenges to consider in the coming year. SEC...
ESG/SEC Disclosure and Implications
If you follow the trade press, it seems that every other article of late is focused on this topic. There have been so many developments (and different takes on those developments) that it has become hard to keep track of...
Texas Supreme Court Clarifies Scope of Property Owners' Statutory Protections
The Texas Supreme Court’s recent decision in Los Compadres Pescadores, L.L.C. v. Valdez provides new guidance regarding a commercial property owner’s protections against liability for injuries occurring on construction sites. Chapter 95 of the Texas Civil Practice and Remedies Code...
Employment Background Check Class-Action Litigation: Avoiding the Seemingly Minor Mistakes Fueling a Costly Wave of New Lawsuits
Federal courts, most notably the Ninth Circuit Court of Appeals, have recently taken an increasingly hyper-technical view of employer obligations under the Fair Credit Reporting Act (FCRA) in conducting applicant background checks, including criminal background checks. The result has been...