Effective December 30, 2013, the EPA acted to amend the standards and practices for conducting all appropriate inquiries (“AAI”) to embrace an update to ASTM International standards, and to expressly bring vapor issues to the forefront during due diligence investigations. The changes are not Continue Reading
Perishable Goods and the Bankruptcy Code: Things are Getting Personal
In Michael Farms v. Lundgren (In re Lundgren), the U.S. Bankruptcy Court for the Western District of Wisconsin issued a ruling that explains the potential personal liability of a person in control of a company that purchases perishable agricultural commodities when the seller of such commodities is Continue Reading
New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties
Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders
Just before the New Year the New York Appellate Division affirmed in about a dozen words the trial court decision in Syracuse University v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 2012EF63, slip op. at 2 (N.Y. Sup. Ct. Mar. 7, 2013), finding that attorney general Continue Reading
Not All Policies Are Created Equal: Evergreen State Appeals Court Blocks Policyholder Reach to Excess Insurance After Settlement With Primary Insurer
The decision in Quellos Group LLC v. Federal Insurance Co., No. 68478-7-1 (Wash. Ct. App. Nov. 12, 2013) is a reminder that vague policy language can be costly. You may not have access to your excess insurance funds. The Court of Appeals of Washington strictly construed language in two excess Continue Reading
Attention Employers: New Poster Requirement in New Jersey Regarding Gender Equity in Pay and Compensation
In late 2012, the New Jersey Legislature enacted N.J.S.A. 34:11-56.12 to require employers with 50 or more employees to post a notice informing employees of the right to gender equity in pay, compensation, benefits, or other terms and conditions of employment under Title VII of the Civil Continue Reading
SEC Releases Proposed Rules for Regulation A+ under the JOBS Act: A Promising and Innovative Route to Capital Formation for Young Companies
The SEC has released long-awaited proposed rules to implement Title IV of the JOBS Act, now known as Regulation A+.1 This regulation could bridge a difficult gap for small companies looking to raise capital. If your company has a financing goal larger than privately sourced equity generally Continue Reading
To Be Natural, or Not to Be…
Throughout the last year a number of proposed class actions have been filed against various food manufacturers of well-known brands, including Horizon Milk, Frito-Lay, Häagen-Dazs, General Mills, Campbell Soup, Pepperidge Farm, Mission Tortilla Chips, ConAgra Foods, J.M. Smucker, and Kashi. Although Continue Reading
Understanding and Using Trusts: Chapter 16, Trust Termination, 3rd Edition
CT Supreme Court Year in Review: Loan Servicer Has Standing to Foreclose
Joe Cherico authored this article on the Connecticut Supreme Court's decision on a case of first impression in J.E. Robert Co. v. Signature Properties LLC, 309 Conn. 307 (2013). Specifically, on July 16, 2013, the Court held that a loan servicer for the owner and holder of a note and mortgage Continue Reading