In a decision with potentially far-reaching consequences for class actions, a divided panel of the U.S. Court of Appeals for the Eleventh Circuit held that the ubiquitous practice of awarding a class representative an “incentive” payment as part of a class action settlement is impermissible. Johnson v. NPAS Solutions, Inc., No. 18-12344, ___ F.3d ____, 2020 WL 5553312 (11th Cir. Sept. 17, 2020).…

Product Liability & Mass Torts Blog

Lingering Uncertainties Facing the CPSC: Election Contingency Plans

By Mike Gentine

September 15, 2020

In this two-part series, we take a close look at the uncertainties facing the U.S Consumer Product Safety Commission (CPSC). This post examines how the ongoing difficulties in confirming CPSC nominees creates an existential threat for the agency, and we look at the game plans a President Biden or re-elected President Trump could use to overcome those difficulties and keep the lights on at the CPSC. Our first post analyzed the difficulties facing nominees.…

Product Liability & Mass Torts Blog

Retooling in the Midst of COVID-19: Statutory Protections for Manufacturers

By Jasmine Dela Luna, Malerie Ma Roddy & Jeffrey D. Skinner

September 10, 2020

From apparel companies that have shifted from making clothing to making face masks, to distilleries and breweries that are now producing hand sanitizer, to consumer goods and auto makers manufacturing ventilators and respirators, manufacturers nationwide have shifted their production lines to meet what consumers need during the COVID-19 pandemic.…

Energy & Environmental Law Adviser

EPA Finalizes Revised Effluent Limitation Guidelines for Power Plants

By Daniel J. Deeb & Alex Garel-Frantzen

September 8, 2020

On August 31, 2020, the United States Environmental Protection Agency (EPA) issued the pre-publication notice of a final rule that revises two aspects of the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating industry set by the Obama Administration in 2015. The final rule takes effect 60 days after EPA publishes it in the Federal Register. Its revisions apply to two waste streams, flue gas desulfurization (FGD) wastewater and bottom…

Product Liability & Mass Torts Blog

Lingering Uncertainties Facing the CPSC: If Not Beck, Then Who?

By Mike Gentine

September 8, 2020

In this two-part series, we take a close look at the uncertainties facing the U.S Consumer Product Safety Commission (CPSC). This post analyzes the difficulties surrounding President Trump’s current CPSC nominee and discusses how the agency would be effective if confirmations remain elusive. In post 2, we will examine how the November election might affect the odds of a confirmation next year – and the risks to the agency if the post remains unfilled.…

Employment Law Landscape

Reopening and Readjusting: Preparing for a Diagnosis or Resurgence in the Coming Months

By Brett F. Clements, Michael P. Wissa & Jeffrey D. Skinner

August 18, 2020

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future. As we have seen in recent weeks, resurgences may occur at any time in different parts of the country. And epidemiologists have warned about a potential second wave of infections in the fall.…

Product Liability & Mass Torts Blog

Reopening and Readjusting: Preparing for a Diagnosis or Resurgence in the Coming Months

By Brett F. Clements, Michael P. Wissa & Jeffrey D. Skinner

August 18, 2020

Energy & Environmental Law Adviser

D.C. Court Upholds FERC Energy Storage Rule and FERC Dismisses Petition to Declare State Net Metering Programs FERC-Jurisdictional

By Amy Antoniolli, Sarah A. W. Fitts & Owen E. MacBride

August 5, 2020

In a decision that affirmed FERC and is a supportive development for the energy storage industry, on July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Energy Regulatory Commission‘s landmark rule, Order No. 841. The decision confirmed FERC’s position in Order No. 841 that it could preempt state interference with energy storage resources trying to reach the wholesale market and rejected arguments that the rule unlawfully intrudes upon…

Employment Law Landscape

Reopening and Readjusting: Communicating COVID-19 Policies to All Stakeholders

By Brett F. Clements, Michael P. Wissa & Jeffrey D. Skinner

August 4, 2020

In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country. But companies cannot change policies in a vacuum: they must clearly and effectively communicate these changes to employees, customers, and the public. Clear, written policies will be ineffective if they are not communicated effectively.…

Product Liability & Mass Torts Blog

Reopening and Readjusting: Communicating COVID-19 Policies to All Stakeholders

By Brett F. Clements, Michael P. Wissa & Jeffrey D. Skinner

August 4, 2020

Schiff Hardin LLP

Schiff Hardin LLP Blogs

Blog Authors

Eleventh Circuit Rules That Class Representative Incentive Awards Are Impermissible

Lingering Uncertainties Facing the CPSC: Election Contingency Plans

Retooling in the Midst of COVID-19: Statutory Protections for Manufacturers

EPA Finalizes Revised Effluent Limitation Guidelines for Power Plants

Lingering Uncertainties Facing the CPSC: If Not Beck, Then Who?

Reopening and Readjusting: Preparing for a Diagnosis or Resurgence in the Coming Months

Reopening and Readjusting: Preparing for a Diagnosis or Resurgence in the Coming Months

D.C. Court Upholds FERC Energy Storage Rule and FERC Dismisses Petition to Declare State Net Metering Programs FERC-Jurisdictional

Reopening and Readjusting: Communicating COVID-19 Policies to All Stakeholders

Reopening and Readjusting: Communicating COVID-19 Policies to All Stakeholders

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