January 25, 2023

Sea Level Rise: A Guide for Public and Private Projects

By: John Erskine , NOSSAMAN LLP This article discusses the legal and policy framework for addressing sea level rise (SLR) in the 21st century in the United States, with an emphasis on the California Coastal Act (the Coastal Act), its administrative regulations, and policy guidance as promulgated by the California Coastal Commission (the Coastal Commission). THIS ARTICLE ALSO PRESENTS A BRIEF OVERVIEW OF THE laws and...

January 25, 2023

Climate Change Legislation Tracker (Real Estate) (NY)

By: The Practical Guidance Real Estate Team This tracker provides an overview of New York climate change legislation that impacts real estate ownership and development. This document tracks legislation enacted at the state level and in New York City. This tracker provides direct links to source text, the dates enacted, and brief descriptions of the developments. Developments are organized in reverse chronological...

January 24, 2023

California’s Sweeping Climate Change Initiative Will – Eventually – Have Profound Impacts on the Built Environment

By: Stephen Del Percio , AECOM National governments globally are struggling to enact legislation that will bind them to the world’s carbon dioxide and other greenhouse gas emissions reduction targets, and unfortunately in some cases even reach consensus on the scope and scale of the climate crisis—let alone deciding what must be done. BUT THANKS TO A MASSIVE NEW PIECE OF RECENT LEGISLATION , California...

January 24, 2023

Fighting Climate Change While Fighting Russia

By: Cameron Kinvig , PRACTICAL GUIDANCE The European Union (EU) as a block of nations is the third largest greenhouse gas emitter in the world. However, European countries have long focused on alleviating climate change and have taken the lead on efforts to reach net zero emissions. AS EARLY AS 1970, PRINCE CHARLES OF THE UNITED Kingdom (now King Charles III) began to raise European awareness about climate change...

January 24, 2023

Biden Administration Goes Long on Renewable Energy

By: The Practical Guidance Energy & Utilities Team On January 27, 2021, President Joseph R. Biden signed Executive Order 14008, 1 calling for the country to become net zero on carbon emissions by the year 2050. This order also called for the country’s electricity sector to become net zero by the year 2035. Both were tall orders calling for drastic action. TO EFFECTUATE THESE ORDERS, THE BIDEN ADMINISTRATION...

January 24, 2023

Climate Change Legislation and Construction: Lessons from Colorado

By: Steve Gockley , MOYE WHITE LLP Colorado is nationally recognized as one of the leading states in the battle against climate change. As more states and localities consider climate change legislation, it can be helpful to look to Colorado as a possible bellwether. THIS ARTICLE FOCUSES ON RECENT COLORADO CLIMATE laws passed at both the state and local level that have or will impact construction industry participants...

January 24, 2023

Energy Security and Climate Change Initiatives in the Inflation Reduction Act

By: The Practical Guidance Finance Team This article discusses the energy security and climate change initiatives included in the Inflation Reduction Act of 2022 1 (IRA) and brings together a collection of related resources that include additional guidance. PRESIDENT JOSEPH R. BIDEN SIGNED THE IRA INTO LAW ON August 16, 2022, to address climate change, taxes, healthcare, and inflation. Among other things, the statute...

January 24, 2023

LexisNexis Creates Legal Aid Portal for Displaced Ukrainian Attorneys

In its ongoing effort to support the rule of law worldwide, the LexisNexis Rule of Law Foundation has established the Ukraine Legal Aid Portal to aid members of the Ukrainian legal community affected by the war in Ukraine. ESTABLISHED IN CONJUNCTION WITH THE UKRAINIAN Bar Association, the Portal offers assistance in a number of areas and is supported by attorney volunteers at Reed Elsevier offices around the world....

September 28, 2022

Insurance Issues after Dobbs: Fundamental Considerations

By: The Lexis Practical Guidance Attorney Team This article is part of a series discussing the United States Supreme Court decision that reversed Roe v. Wade , 1 and its significant impacts on insurance. THE REVERSAL OF ROE —OFTEN CITED AS THE 40-PLUS- year-old precedent holding that there is a federal constitutional right to obtain an abortion—came in the June 24, 2022, decision in Dobbs v. Jackson Women’s...

September 28, 2022

Employers React to the Dobbs Opinion Podcast

By: Evandro C. Gigante , PROSKAUER ROSE LLP This podcast episode discusses the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization , as decided by the Court on June 24, 2022. 1 IN TEXAS AND OKLAHOMA, ABORTION IS NOW A CRIME . In other states, it remains legal. For companies working across state lines, the variances from state to state have created many employment issues that immediately...

September 28, 2022

Reproductive Healthcare Issues for Employers: Privacy Issues

By: Eric W. Gregory , DICKINSON WRIGHT PLLC This article addresses privacy issues faced by employers following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization . 1 AFTER THE U.S. SUPREME COURT RULING IN DOBBS overruling the constitutionally protected right to an abortion, federal agencies have issued guidance intended to help protect the privacy of patients. Employers should...

September 28, 2022

Medication Abortion, Telemedicine, and Dobbs—Key Considerations for Healthcare Providers

By: Claire Marblestone , FOLEY & LARDNER LLP The U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization 1 has impacted access to abortion in the United States. In light of the Court’s decision, which returned the right to enact laws regarding reproductive healthcare to the states, many healthcare providers are navigating available ways to provide abortion services...

September 28, 2022

The Impact of State Laws Criminalizing Abortion

By: Amanda Zablocki and Mikela T. Sutrina , SHEPPARD MULLIN WILLIAMS MULLEN On August 5, 2022, Indiana joined 19 states whose laws criminalize abortion prior to viability in the wake of the recent U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization . 1 IN MANY OF THESE STATES, PERFORMING AN ILLEGAL abortion constitutes a felony, giving rise to significant civil and criminal penalties...

September 28, 2022

States Adopt New Laws Following the Decision in Dobbs v. Jackson Women's Health Organization

By: The Lexis Practical Guidance Healthcare Team A flurry of new laws and trigger laws went into effect following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization , 2022 U.S. LEXIS 3057 (S. Ct. June 24, 2022). IN A 6–3 DECISION, THE DOBBS COURT REVERSED THE LOWER court’s holding and upheld the Mississippi law at issue, which prohibited abortions after 15 weeks...

September 27, 2022

LexisNexis Rule of Law Foundation Launches Free Tool to Track Changes in U.S. Voting Laws

As the mid-term elections approach, Lexis has launched the U.S. Voting Laws & Legislation Center, a free tool providing access to a comprehensive collection of U.S. voting laws, legislative developments, and news updates on voting laws in all states. A INITIATIVE SPONSORED BY THE LEXISNEXIS RULE OF LAW FOUNDATION , the Center includes a searchable database of legislation, including proposed, enacted, and failed...

September 27, 2022

Insurance Issues after Dobbs: Health Insurers and Health Insurance

By: The Lexis Practical Guidance Attorney Team This article discusses the impacts that are anticipated on health insurance and health insurers as a result of the Supreme Court decision in Dobbs v. Jackson Women’s Health Org. 1 THAT CASE USED A MISSISSIPPI STATUTE AS THE VEHICLE to overturn the essence of Roe v. Wade 2 and, by implication, Planned Parenthood of Southeastern Pennsylvania . 3 The practical effect...

July 07, 2022

Ransomware Issues in the Healthcare Industry

By: Nathan A. Kottkamp , WILLIAMS MULLEN This article discusses market trends in 2021 relating to disclosures of climate change risks and mitigation by public companies, which are intertwined with environmental, social, and governance (ESG) issues. RANSOMWARE IS THE CURRENT HOT TOPIC IN CYBER -security because its reach is essentially universal. Driving this trend, in economic terms, is that the value of having access...

July 07, 2022

Oil and Gas Transactions: Market Trends 2021/Q1 2022

By: Justin F. Hoffman and Thomas Blackwell BAKER BOTTS L.L.P. This article discusses market trends in oil and gas transactions from 2021 through the first quarter of 2022, including (1) notable transactions; (2) deal trends with respect to capital markets, mergers, and acquisitions (M&A), and master limited partnerships (MLPs); (3) disclosure trends; (4) legal and regulatory trends; and (5) an outlook for oil and...

July 07, 2022

Timing Is Everything: The Impact of Transactions on Pending Bids and Proposals

By: Erin M. Estevez , Jeremy D. Burkhart , and Kelsey M. Haye s HOLLAND & KNIGHT LLP Recent decisions from the Government Accountability Office (GAO) and the U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) illustrate the real-world impact that transactions can have on an ongoing procurement and provide practical insight into how contractors can mitigate those risks. The authors...

July 07, 2022

Civil Litigation Process Map: Pre-litigation (Federal)

By: The Practical Guidance Civil Litigation Team This process map resource kit provides an overview of the key stages in the lifecycle of a typical federal court litigation, as well as comprehensive resources providing step-by-step guidance on the most common tasks associated with the pre-litigation phase that you will typically work on in your litigation, including detailed practice notes, annotated templates, and...

July 07, 2022

Expungement and Reexamination Proceedings under the Trademark Modernization Act

By: Jessica D. Bradley JONES DAY LLP This article discusses ex parte expungement and reexamination proceedings at the U.S. Patent and Trademark Office (USPTO). SUCH PROCEEDINGS SEEK FULL OR PARTIAL CANCELLATION of federal trademark registrations that do not meet the use in commerce requirements of the Lanham Act. The article discusses the grounds for each type of petition, procedural considerations including time...

July 07, 2022

Wage and Hour Issues Related to Remote and Hybrid Work: A Fertile Delta for Litigation

By: Laurie E. Leader EDITOR-IN-CHIEF, BENDER’S LABOR AND EMPLOYMENT BULLETIN Everyone agrees that the COVID-19 pandemic has changed the way we work. Even as pandemic numbers wane, employers have continued to allow remote work schedules and hybrid schedules (some combination of remote and in-person work). THIS NEW NORMAL HAS PRESENTED A SLEW OF CHALLENGES in terms of digital communication, data security and confidentiality...

July 07, 2022

Whistleblower Complaint Response and Defense Strategies under Section 11(c) of the Occupational Safety and Health Act

By: Kenneth D. Kleinman and Brad M. Kushner, STEVENS & LEE This article addresses strategies for responding to and defending against whistleblower complaints filed under Section 11(c) of the Occupational Safety and Health Act (the OSH Act). 1 The OSH Act regulates employment conditions relating to occupational safety and health. Every person engaged in a business affecting commerce is required to furnish each employee...

July 07, 2022

Rules, Rules, Rules . . . Contract Law Is Awash in Rules (That Too Many Attorneys Don’t Know)

By: Timothy Murray MURRAY , HOGUE & LANNIS I was asked by a company to revise its standard boilerplate legal terms found on the back of its purchase order form so that its terms would prevail in a battle of the forms contest—where contracts are formed by parties exchanging documents without signing off on the same piece of paper. Proper drafting can enhance the chances that the terms will be construed as the...

July 07, 2022

Cybersecurity and Data Privacy in Commercial Real Estate

By: Eric B. Levine, LINDABURY, MCCORMICK, ESTABROOK & COOPER, P.C. This article discusses several key considerations for evaluating cybersecurity and data privacy practices when counseling owners of commercial real estate (CRE). THE ARTICLE ALSO DETAILS WHAT STEPS SHOULD BE taken to mitigate the risk of unauthorized release or exposure of data in the possession of CRE owners. This article is written from the landlord’s...