On April 8, 2024, the EPA Administrator signed the final rule establishing drinking water standards, also known as MCLs, for six PFAS (PFOA, PFOS, PFNA, GenX (HFPO-DA), PFHxS, and PFBS). The final MCLs for PFOA and PFOS are the same
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A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal
A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants had actual notice of the claims, but defective service under…
More on Guns: Superior Court Upholds Restrictions
We promised not to turn this into a gun blog but in a country where half of all families own guns and the half that do own a lot of them, the impact of the U.S. Supreme Court’s ruling in…
Getting Divorced & Selling the House: WATCHOUT!
Early in this writer’s career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed jointly. In…
Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action
The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission, states, and affected individuals. As per…
Legal Terror: A Look at Infamous In Terrorem Clauses
In this day, it seems just wrong to even write a word incorporating “terror.” It seems as if terrorism is everywhere and one place we could hope to elude it would be in contract drafting. Yet, as we shall see,…
Appellate Gambols: April Fool’s Edition
Gambols: an act of running or jumping about playfully.
In the days before digital printers, anyone who appealed a trial court ruling needed to find a printing company to print both his appellate brief and the record of the trial…
Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity
I am a big student of the FLSA motor carrier exemption and have handled many such cases. I often find that a big obstacle for the employer claiming the exemption is to prove that the drivers are engaged in “interstate…
IRS Issues New Guidance for Cannabis Companies That Receive Over $10K in Cash
The IRS’s Office of Chief Counsel recently published a memorandum providing information for cannabis companies struggling to comply with the completion of Form 8300, which must be filed every time a company receives a cash payment over $10,000. The memorandum…
The CPPA, FCC, FTC Are Collaborating
The California Privacy Protection Agency, the California Attorney General’s Office, the FCC, the Federal Trade Commission, and more are embracing a collaborative approach. They all talk with each other.
That is according to CPPA Executive Director Ashkan Soltani, who spoke…