Emergency Affirmative Defense for Title V Emissions Exceedances is Back

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On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting..
Minority and Illiquidity Discounts: What Every Business Owner Should Know Minority and Illiquidity Discounts: What Every Business Owner Should Know

Valuing a privately held company is never just about the numbers on a balance sheet. Unlike public..
Track Your Company’s NG911 Compliance Dates Track Your Company’s NG911 Compliance Dates

The Federal Communications Commission’s Report and Order released last year which established new..
U.S. Supreme Court Temporarily Blocks Reinstatement of Rebecca Kelly Slaughter as FTC Commissioner U.S. Supreme Court Temporarily Blocks Reinstatement of Rebecca Kelly Slaughter as FTC Commissioner

On September 8, 2025, the U.S. Supreme Court issued an administrative stay temporarily preventing..
AI in Employer-Sponsored Group Health Plans: Legal, Ethical, and Fiduciary Considerations AI in Employer-Sponsored Group Health Plans: Legal, Ethical, and Fiduciary Considerations

The ubiquity of artificial intelligence (AI) extends to tools used by, and on behalf of,..
Slip and Falls in Michigan at an HOA Property: What You Need to Know Slip and Falls in Michigan at an HOA Property: What You Need to Know

Slip and fall accidents can occur anywhere, but when they happen on property managed by a..
10 FAQs About California’s New Algorithmic Discrimination Rules 10 FAQs About California’s New Algorithmic Discrimination Rules

On October 1, 2025, California’s groundbreaking regulations on the use of artificial intelligence..
Eleventh Circuit Says Health Plan’s Gender-Affirming Surgery Exclusion Not Discriminatory on Its.. Eleventh Circuit Says Health Plan’s Gender-Affirming Surgery Exclusion Not Discriminatory on Its..

On September 9, 2025, the U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, ruled..
OFCCP Seeks Feedback on Section 503 Voluntary Self-ID Form in Connection with Other Proposed.. OFCCP Seeks Feedback on Section 503 Voluntary Self-ID Form in Connection with Other Proposed..

On August 25, 2025, the Office of Federal Contract Compliance Programs (OFCCP) issued a new request ..
HHS Announces Release of MAHA Strategy HHS Announces Release of MAHA Strategy

On September 9, 2025,the U.S. Department of Health and Human Services (HHS) announced the release..
August 2025 ESG Policy Update—Australia August 2025 ESG Policy Update—Australia

Australian UpdateAustralia's Construction Waste: Transformation Through Circular DesignA recent..
Implications for ECI Risk in Debt Investments - IRS Private Letter Ruling 202536015 Implications for ECI Risk in Debt Investments - IRS Private Letter Ruling 202536015

In Private Letter Ruling 202536015 (issued June 9, 2025; released Sept. 5, 2025), the IRS addressed ..
Mintz IRA Update — 340B Roundup: HRSA Launches 340B Rebate Model Pilot Program Amid Ongoing Legal.. Mintz IRA Update — 340B Roundup: HRSA Launches 340B Rebate Model Pilot Program Amid Ongoing Legal..

On July 31, 2025, the Health Resources and Services Administration (HRSA) released long-awaited..
FDA Launches “Green List” to Combat Illegal GLP-1 Imports FDA Launches “Green List” to Combat Illegal GLP-1 Imports

The U.S. Food and Drug Administration (“FDA”) announced the launch of its “Green List” initiative..
UK SMCR Reform: Consultations, Proposals and Next Steps UK SMCR Reform: Consultations, Proposals and Next Steps

Executive SummaryThe UK government and regulators are conducting the most wide‑ranging review of..
Stepping Into A Void? New York Attempts to Extend New York State Labor Relations Act to.. Stepping Into A Void? New York Attempts to Extend New York State Labor Relations Act to..

On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed a “NLRB Trigger ..
Keeping the Scalpel Sharp: The CFPB’s Proposal in the Larger Arc of Second-Term Trump Deregulation Keeping the Scalpel Sharp: The CFPB’s Proposal in the Larger Arc of Second-Term Trump Deregulation

The Consumer Financial Protection Bureau’s (CFPB) latest proposed rule to define risks to consumers ..
Florida Commercial Lease Sales Tax Repeal Florida Commercial Lease Sales Tax Repeal

Signed into law on June 30, 2025, House Bill 7031 eliminates the sales tax on commercial leases in..
From Spark to Startup: Building a Business That Lasts From Spark to Startup: Building a Business That Lasts

Starting a business can feel daunting; you know there’s a leap to make, but you’re not quite sure..
Beltway Buzz, September 12, 2025 Beltway Buzz, September 12, 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway..
California Privacy Protection Agency Defends Broad Authority to Investigate Potential CCPA.. California Privacy Protection Agency Defends Broad Authority to Investigate Potential CCPA..

The authority of the California Privacy Protection Agency (“CPPA”) to examine companies’ conduct..
Jurisdictional Authority in Transnational Litigation: The Greenpeace and Energy Transfer Dispute Jurisdictional Authority in Transnational Litigation: The Greenpeace and Energy Transfer Dispute

The question of which judicial system holds authority over disputes on United States soil—American..
UK OFSI Enforcement Underscores Need for Effective Sanctions Screening and Controls UK OFSI Enforcement Underscores Need for Effective Sanctions Screening and Controls

On 8 September 2025, the UK’s Office of Financial Sanction Implementation (OFSI) published a..
Affordable Housing Coalition Says Texas Law Violates State Constitution Affordable Housing Coalition Says Texas Law Violates State Constitution

The Texas Workforce Housing Coalition (TWHC) is challenging the constitutionality of recently..
Clarity about Callais and the fate of the Voting Rights Act Clarity about Callais and the fate of the Voting Rights Act

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law..
Regulation Adds Privacy Protections for Patient Records on Substance Use Disorders Regulation Adds Privacy Protections for Patient Records on Substance Use Disorders

Entities regulated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA),..
CFPB Releases Spring 2025 Agenda Signaling Deregulatory Shift CFPB Releases Spring 2025 Agenda Signaling Deregulatory Shift

On September 4, the CFPB published its Spring 2025 Unified Agenda on the Office of Information and..
Fraudulent TCPA Suit?: Court Lays Out PERFECT Fraud Claim Against Repeat TCPA Litigator Daniel Human Fraudulent TCPA Suit?: Court Lays Out PERFECT Fraud Claim Against Repeat TCPA Litigator Daniel Human

For those eager for proof TCPA litigators invent cases to make a buck, boy do I have a case for you...
UK National Security and Investment Act Update: Streamlining Security, Supporting Investment UK National Security and Investment Act Update: Streamlining Security, Supporting Investment

This summer has seen a flurry of National Security and Investment Act 2021 (NSI Act) activity: the..
FTC Signals Forthcoming Non-compete Enforcement Actions FTC Signals Forthcoming Non-compete Enforcement Actions

On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway..
ITAR Final Rule Revises the USML and Adds New License Exemption for Covered Activities Involving.. ITAR Final Rule Revises the USML and Adds New License Exemption for Covered Activities Involving..

On 27 August 2025, the US Department of State’s Directorate of Defense Trade Controls (DDTC)..
The AI Cyber Arms Race: Zero-Day Exploits in Minutes! The AI Cyber Arms Race: Zero-Day Exploits in Minutes!

The cybersecurity landscape has fundamentally changed. In 2025, sophisticated threat actors are..
PAGA Plaintiffs Are Losing Their Heads! PAGA Plaintiffs Are Losing Their Heads!

Out in the cold, dark night rides the headless horseman, and he has a grievance. It is with his..
OCR Releases New HIPAA Security Risk Assessment Tool OCR Releases New HIPAA Security Risk Assessment Tool

In a move that underscores the growing urgency around health care cybersecurity, the U.S...
Ninth Circuit Limits Privacy Litigation for Web-Tracking Tools Ninth Circuit Limits Privacy Litigation for Web-Tracking Tools

As Varnum has previously reported, a surge of lawsuits and pre-suit demand letters has targeted..
Is Ketanji Brown Jackson the great dissenter of the Roberts court? Is Ketanji Brown Jackson the great dissenter of the Roberts court?

To put it simply, the Trump administration’s recent request for interim relief in a dispute over..
Plaintiffs Allege Violation of Bulk Data Transfer Rule in Class Actions Plaintiffs Allege Violation of Bulk Data Transfer Rule in Class Actions

On September 2, 2025, two class actions were filed in federal district court alleging that..
Supreme Court agrees to decide the fate of Trump’s tariffs Supreme Court agrees to decide the fate of Trump’s tariffs

Setting the stage for a major ruling on presidential power, the Supreme Court on Tuesday agreed to..
Paid Leave Reform in Delaware: What Employers Need to Know Now Paid Leave Reform in Delaware: What Employers Need to Know Now

Contributions to Delaware’s Paid Family and Medical Leave program have kicked in, and employees..
The Bottom Line: Cost and Pricing Updates | Sum Certain The Bottom Line: Cost and Pricing Updates | Sum Certain

Appeal of Samho Enterprise, ASBCA No. 63587 (Aug. 13, 2025)The Bottom Line: The Contract Disputes..
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