News & Insights

GEORGIA RULE OF EVIDENCE PRECLUDES ENGINEERING MALPRACTICE CLAIM

Expert testimony is an essential element of any claim of professional engineering malpractice. However, Munro v. Dep’t of Transportation, 890 S.E.2d 349 (Ga. App. 2023) demonstrates that a Georgia Rule of Evidence regarding expert testimony in professional malpractice cases can make proving design malpractice very difficult in some circumstances. On November 10, 2017, twenty-four-year-old Ashley…
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EPA ISSUES FINAL SIGNIFICANT NEW USE RULE REGARDING 329 INACTIVE PFAS CHEMICALS

On January 11,2024, the EPA issued the final version of a new significant new use rule (SNUR) applying to 329 PFAS chemicals designated as inactive on the Toxic Substance Control Act (TSCA) Chemical Substance Inventory (the “Inventory”). A number of PFAS chemicals are already subject to SNURs. This rule omits those to avoid redundancy. The…
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SEC APPROVES FIRST BITCOIN ETF

On Wednesday, January 10, 2024, the Securities and Exchange Commission (“SEC”) approved the first U.S.-listed exchange traded funds (ETFs) to track bitcoin. The SEC approved 11 applications, including from BlackRock (BLK.N), Ark Investments/21Shares (ABTC.S), Fidelity, Invesco (IVZ.N) and VanEck. The approvals come a day after an unauthorized person published a fake post on the SEC’s…
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UNITED STATES DEPARTMENT OF LABOR ANNOUNCES NEW INDEPENDENT CONTRACTOR RULE

On January 9, 2024, the United States Department of Labor (“DOL”) released its final rule that revises the DOL’s determination of whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The final rule goes into effect on March 11, 2024. The new rule replaces the Trump Administration’s Independent…
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Architect’s Failure To Report Safety Issue Prevents Summary Judgment

In Bonilla v. Verges Rome Architects, 2023 WL 3371559 (La. App. 5th Cir. 2023), the Louisiana Fifth Circuit Court of Appeals held that an architect could be liable to an injured worker for failing to address a known safety issue, despite contractual language establishing site safety as solely a contractor responsibility. The City of New…
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Coca Cola Company Accused Of Greenwashing Sustainability Claim

Environmental groups in the United States and Europe have filed complaints against Coca Cola and other companies accusing them of “greenwashing” their environmental sustainability claims. Companies are accused of greenwashing when they make claims that something is more eco-friendly, green, or sustainable than it really is. In 2021, Earth Island Institute brought a lawsuit against…
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NLRB’s Request To Drop The Adverse Action Requirement In Some Cases May Expand An Employer’s Vulnerability To Unfair Labor Charges

Most, if not all, labor and employment statutes require an employee to show some kind of adverse action on behalf of the employer to prevail, especially when seeking monetary compensation. While what constitutes an adverse action can often get murky, the Equal Employment Opportunity Commission has clarified that an “adverse employment action” includes, but is…
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Finra Fines Four Firms $2.6 Million For Violations Relating To Fully Paid Securities Lending

FINRA recently announced new sanctions filed against M1 Finance LLC, Open to the Public Investing, Inc., SoFi Securities LLC, and SogoTrade, Inc. for supervisory and advertising violations. The fines for these violations totaled $1.6 million. In addition to the substantial fine, FINRA also ordered the firms pay over $1 million in restitution. During its investigation,…
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New York Appellate Court Denies Summary Judgment Motion Against Owner General Contractor Because Owner General Contractor’s Defendant’s Evidence Created An Issue Of Fact

In Rivas v. Purvis Holdings, LLC, the owner/general contractor of a 28-story building project was sued by an employee of a masonry contractor in an attempt to recover damages for injuries suffered at the construction site. 2023 WL 8440738. The trial court denied the plaintiff’s motion for summary judgment on the cause of action alleging…
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