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March 22, 2024 | National Law Journal

5th Circuit Bars EPA from Enforcing PFAS Ban, Citing Administrative Procedure Act Violation

Inhance argues the EPA exceeded its authority because the company's 40-year-old fluorination process is not a "significant new use" under the Toxic Substances Control Act.
3 minute read
March 22, 2024 | Texas Lawyer

PFAS Manufacturer's Ignorance Stymies EPA Effort to Enforce Ban

Inhance argues the EPA exceeded its authority because the company's 40-year-old fluorination process is not a "significant new use" under the Toxic Substances Control Act.
3 minute read
March 22, 2024 | Texas Lawyer

It Took a Decade, But FDA Wins Case Over Tobacco Warning Labels

U.S. Fifth Circuit Judge Jerry Smith concluded the district court erred when finding the government compelled speech caselaw the FDA relied upon did not apply.
3 minute read
March 22, 2024 | The Legal Intelligencer

Ninth Circ. Bankruptcy Appellate Panel: Corporate Debtors in Subchapter V Are Not Subject to Discharge Exceptions

Small businesses seeking to reorganize should be mindful of this growing area of case law as they weigh their different reorganization options including, importantly, where they choose to reorganize and what type of reorganization chapter they should pursue.
8 minute read
March 22, 2024 | New York Law Journal

Dormant Commerce Clause Does Not Apply to State Cannabis Licensing Programs

This installment of the Northern District Round-Up column explores a recent decision by Judge Anne Nardacci of the Northern District of New York concerning yet another challenge to New York state's cannabis licensing program.
7 minute read
Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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March 22, 2024 | New York Law Journal

Copyrightability of Works Created with Generative AI and Human Authorship

Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.
8 minute read
March 21, 2024 | National Law Journal

'Reason to Worry': Ex-DC Circuit Judge Warns of SCOTUS' Embrace of 'Major Questions' Doctrine

David Tatel also voiced concern for the fall of "Chevron deference."
4 minute read
March 21, 2024 | National Law Journal

From Caesar to Navalny: Trump Allies Make Their Case(s) Against Prosecuting Former President

Trump's supporters at the high court include more than 20 Republican states, 28 members of Congress and two former U.S. attorneys general.
6 minute read
March 21, 2024 | Law.com

Workplace Weed and Labor Pacts / State AGs and Hemp / Maryland Licensing Suit / Vicente Sues Recruiter

A wrongful termination suit brought under Pennsylvania's medical marijuana statute is not preempted by federal law governing collective bargaining agreements, a federal judge held.
9 minute read
March 21, 2024 | Texas Lawyer

Like It or Not, These Cases Point to the Future of Employment Discrimination Law

"These cases are intended to illuminate that our employment laws are designed to judge persons as individuals," according to columnist Michael P. Maslanka.
6 minute read

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