Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge pollutants to waters of the United States (“WOTUS”). This week, the Supreme Court clarified in San Francisco v. EPA (Case No. 23-753) that the
Commercial leases contain numerous provisions that impact a tenant’s business, including those addressing damage and destruction. While these clauses may seem secondary during negotiations, recent natural disasters—such as wildfires in Oregon, Hawaii, and the West Coast—highlight their critical importance. When unforeseen events occur, well-negotiated lease provisions can provide clarity and protection for both landlords and
Key Considerations in Subcontract Negotiations
Negotiating subcontracts presents challenges for both general contractors and subcontractors. General contractors must balance responsibilities to owners and subcontractors while managing risk. Subcontractors, often with limited negotiation power, should focus on key risk-shifting provisions.
Prime Contract RoleSubcontracts often include “flow down” clauses, requiring subcontractors to assume general contractor obligations. General
AI is evolving at a breakneck pace, making it increasingly difficult for businesses and legal professionals to track critical developments. Whether you’re an AI model developer, deployer, investor, or infrastructure provider, staying informed on AI’s risks and benefits requires a strategic approach. This article explores key AI regulatory trends and offers a framework for organizations
Data brokers face significant compliance challenges in the evolving landscape of data privacy laws. With multiple state regulations, stringent registration requirements, and heightened enforcement, data brokers must take proactive steps to mitigate risk. Here are five key compliance takeaways:
In the most recent indication of what employers can expect from the National Labor Relations Board under President Trump’s second term, the acting General Counsel for the Board, William Cowen, recently rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, that employers regarded as overprotective of employee rights under the National Labor Relations
As wildfires grow more frequent and severe across California, Oregon, and Washington, homeowners and businesses face mounting challenges in securing and maintaining property insurance. The Los Angeles wildfires alone have resulted in tragic losses—28 lives, thousands of homes destroyed, and billions in economic damage. In the aftermath, many policyholders are discovering that their insurance coverage
The 2023 Moody v. Oregon Community Credit Union decision reshaped Oregon’s bad-faith insurance law, allowing policyholders to claim emotional distress damages under Oregon’s Unfair Claim Settlement Practices Act (ORS 746.230) without proving physical impact. This ruling has since expanded insurer liability and introduced new remedies for bad-faith practices.
Key takeaways:
On his second day in office, January 21, 2025, President Trump issued an Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order reverses roughly 60 years of federal policy and leaves many employers with questions about the future of diversity, equity, and inclusion (DEI) policies and affirmative action programs (AAPs). Federal contractors,
On January 21, 2025, the White House announced an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructs federal agencies to take administrative and legal action against diversity, equity, and inclusion (“DEI”) programs, which it defines as systems of race- and sex-based preferences. The Order is directed at both public- and
