News & Insights

EPA SUED OVER CANCELING $7 BILLION SOLAR PROGRAM

On October 6, 2025, a group of plaintiffs filed suit against the EPA. Rhode Island AFL-CIO et. al. v. United States Environmental Protection Agency, No. 1:25-cv-00510 (D.R.I. filed Oct. 6, 2025). The Plaintiffs include the Rhode Island AFL-CIO, Rhode Island Center for Justice, Anh Nguyen, Solar United Neighbors, Sunpath Solar, 2KB Energy Services, Energy Independent…
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MISAPPROPRIATION EXCLUSION DOES NOT FORECLOSE COVERAGE IN MALPRACTICE CASE

The Eleventh Circuit recently determined that a “misappropriation exclusion” did not wholly foreclose coverage in a malpractice lawsuit stemming from a law firm’s representation of defendants facing civil foreclosure in a RICO action. Medmarc Cas. Ins. Co. v. Fellows Labriola LLP, No. 25-10837, 2025 WL 2886733 (11th Cir. Oct. 10, 2025). In doing so, the…
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THE IMPACT OF THE GOVERNMENT SHUTDOWN ON EEOC AND NLRB OPERATIONS AND EMPLOYERS

On October 1, 2025, the federal government shut down after Congress failed to approve a resolution to fund the government. As a result, several federal agencies, including the Equal Employment Opportunity Commission (“EEOC”) and National Labor Relations Board (“NLRB”), have issued contingency plans to maintain essential operating functions while also furloughing a significant percentage of…
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RECENT DEVELOPMENTS IN FINANCIAL ADVISOR COMPLIANCE

Advisor’s Fraud Leads to Prison Sentence A 63-year-old former financial advisor was sentenced to 32 months in federal prison for wire fraud after defrauding a client of $531,411.00 over approximately six years. The sentencing, announced on September 30, 2025, by the U.S. Attorney’s Office, followed the advisor’s guilty plea in June 2025. The fraud targeted…
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CONSEQUENTIAL DAMAGES MUST BE CONTEMPLATED AT THE TIME OF CONTRACT FORMATION IN NEW YORK

In Vermillion v. The Roofing Guys Inc., James Vermillion (“Plaintiff”) appealed an order of the Supreme Court in Onondaga County granting The Roofing Guys, Inc.’s (“Defendant”) motion to preclude testimony or evidence of consequential damages. Vermillion v. Roofing Guys, Inc., 239 A.D.3d 1336, 1336, 232 N.Y.S.3d 867 (2025). After purchasing a residence in Syracuse, Plaintiff…
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COURTS REMAIN UNDECIDED ON HOW TO HANDLE CYBER SECURITY EVENTS

Although the number of cyber security attacks continues to rise, courts are not unified on how insurance policies apply. This is evident by how two cases were decided differently despite the insureds suffering similar cyber security events. In Kane v. Syndicate 2623-623 Lloyd’s of London, 2025 WL 1733046 (N.M. Ct. App. June 16, 2025), a…
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FINRA SUSPENDS BROKER FOR OVERLOADING CLIENT PORTFOLIOS WITH ALTERNATIVE INVESTMENTS

On August 22, 2025, a broker faced a four-month suspension from the securities industry after regulators found he had allocated up to 91% of a client’s net worth into illiquid alternative investments. The broker, based in suburban Dallas, was also fined $10,000.00, according to his BrokerCheck profile. Most firms limit alternative investment allocations to around…
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D.C. CIRCUIT REINSTATES TITLE V EMERGENCY AFFIRMATIVE DEFENSE FOR EXCESS EMISSIONS

The U.S. Court of Appeals for the D.C. Circuit has reinstated the “emergency” affirmative defense under Title V of the Clean Air Act, reversing the Environmental Protection Agency’s (“EPA”) 2023 decision to remove it. For more than three decades, 40 C.F.R. § 70.6(g) allowed permit holders to assert a complete defense against liability when excess…
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