News & Analysis as of

Appeals Risk Management

Conyers

Sanctions, Superyachts and the Separation of Powers: The Shvidler Appeal and Its Implications for the Cayman Islands

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Earlier this week, the UK’s highest court delivered a landmark decision in the combined appeals of Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs and Dalston Projects Ltd & Ors v Secretary of...more

Nutter McClennen & Fish LLP

Nutter Bank Report: July 2025

In the wake of the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), the federal banking agencies have issued joint guidance to provide clarity on supervisory expectations for banks that...more

Proskauer - California Employment Law

Defendant Bore Risk Of Loss Due To Fraud When It Wired Settlement Proceeds To Imposter

Thomas v. Corbyn Restaurant Dev. Corp., 111 Cal. App. 5th 439 (2025) - The parties involved in this personal injury lawsuit settled the case for $475,000. An unknown third-party purporting to be plaintiff’s counsel sent...more

Farella Braun + Martel LLP

Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more

Bergeson & Campbell, P.C.

EPA Extends Postponement of Effective Date of Certain Provisions of TCE Risk Management Rule 

On June 23, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for trichloroethylene...more

Morgan Lewis

CMS Is Getting WISeR About Medicare Waste—But At What Cost To Providers?

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The Centers for Medicare & Medicaid Services (CMS) recently announced the launch of the Wasteful and Inappropriate Services Reduction (WISeR) Model, a six-year model under the CMS Innovation Center aimed at reducing...more

Troutman Pepper Locke

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

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On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor...more

Bergeson & Campbell, P.C.

EPA Will Extend Postponement of Effective Date of Certain Provisions of Final TCE Risk Management Rule

The U.S. Environmental Protection Agency (EPA) provided on update on June 18, 2025, on the status of the December 2024 Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE). According to EPA, it...more

White & Case LLP

Class Actions: The evolving landscape

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The global class action landscape continues to evolve. There are more collective actions across Europe than ever before, and the implementation of the EU Directive on "Representative actions for the protection of the...more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

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Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

Epstein Becker & Green

CMS Doubles Down on Medicare Advantage Recoupment: Announces Aggressive RADV Strategy to Reclaim Billions

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On May 21, 2025, the Centers for Medicare & Medicaid Services (CMS) announced an aggressive plan (Plan) to expand its efforts to address fraud, waste, and abuse in Medicare Advantage (MA)....more

Stotler Hayes Group, LLC

Common Medicaid Application Mistakes: Errors to Avoid During the Application Process

The Medicaid application process can be complicated. However, there are several common mistakes made by filers that can make things even more difficult than they need to be, adding unnecessary obstacles. In this article, we...more

Husch Blackwell LLP

The EPA is Reviewing Its 2024 Ban of Chrysotile Asbestos

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On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Health Care Compliance Association (HCCA)

UPIC Audits

An audit by a Unified Program Integrity Contractor auditor, better known as a UPIC audit, can be a very scary thing. Healthcare providers are often shocked and even indignant to receive a letter notifying them of the audit...more

Cozen O'Connor

EPA Chemical Accident Safety Rule Challenge Ignites AG Conflict

Cozen O'Connor on

Sixteen Democratic AGs and the Harris County Attorney (Houston, Texas) have filed a motion to intervene in a lawsuit brought by industry groups challenging the EPA’s denial of their petition for reconsideration of the...more

Bergeson & Campbell, P.C.

EPA Argues for Remand of Final Rule Amending Risk Evaluation Framework

On March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural...more

Fox Rothschild LLP

Preserve Family Harmony–File for Secure Leave Today!

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Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you are off the hook for in-court appearances....more

Bond Schoeneck & King PLLC

The Death of (Special) Duty? NYS Court of Appeals Creates “New” Exception to Long-Standing Limitation on Municipal Liability

In Feb. 2025, the New York State Court of Appeals issued a decision in the case Weisbrod-Moore v. Cayuga County (2025 NY Slip Op 00903) that has major implications for municipalities and local governments....more

Wiley Rein LLP

Third Circuit: Changes in Exposure Provision Bars Coverage for Pre-Merger Liabilities

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In a win for Wiley’s client, the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed judgment on the pleadings in favor of a group of insurers on the ground that a Changes in Exposure...more

Bergeson & Campbell, P.C.

EPA Provides Update on Status of TSCA Risk Management Rule for TCE

On March 24, 2025, the U.S. Environmental Protection Agency (EPA) provided an update on the effective date of the Toxic Substances Control Act (TSCA) final risk management rule for trichloroethylene (TCE). As reported in our...more

Rivkin Radler LLP

March 2025 New York Insurance Coverage Law Update

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The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more

Estlund Law, P.A.

Lyon, France: INTERPOL’s CCF – Dates, Delays and Decisions (post 1 of 3)

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INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF) has finished its first session of the year and has listed the 2025 sessions on INTERPOL’s website as follows...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more

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