News & Insights

ALABAMA SUPREME COURT CURBS SECOND-WAVE PFAS SUIT BY GADSDEN WATER BOARD

In Ex parte DuPont De Nemours, Inc., No. SC-2024-0514, 2025 WL 1009062 (Ala. Apr. 4, 2025), the Alabama Supreme Court granted mandamus relief to several PFAS-related defendants and limited the Water Works and Sewer Board of the City of Gadsden’s second lawsuit over PFAS contamination in the Coosa River. Gadsden Water previously sued a different…
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FINRA EASES BULK TRANSFER RULES WHILE DEEPFAKE PUMP-AND-DUMP ALLEGATIONS HIT NEW HEIGHTS

Two noteworthy developments in the securities industry emerged this month, one offering relief to broker-dealers and the other serving as a stark reminder of evolving fraud risks. FINRA Removes Pre-Review Requirement for Negative-Consent Bulk Account Transfer Letters On February 6, 2026, FINRA issued Regulatory Notice 26-03 announcing a significant procedural change effective April 1, 2026….
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TEXAS SUPREME COURT EXPANDS CONTRACTOR IMMUNITY ON PUBLIC ROAD PROJECTS

In Third Coast Servs., LLC v. Castaneda, the Texas Supreme Court ruled that statutory liability protection under the Texas Civil Practice & Remedies Code, Section 97.002, can apply even when a contractor does not have a direct contract with the Texas Department of Transportation (“TxDOT”). 726 S.W.3d 201 (Tex. 2025). Section 97.002 provides: A contractor…
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ALABAMA COURT OF CIVIL APPEALS ADDRESSES PERMANENT TOTAL DISABILITY IN PROFESSIONAL EDUCATION SERVICES GROUP, LLC v. FORD

Background Richard Ford suffered a work-related shoulder injury while employed by Professional Education Services Group, LLC (PESG). The parties stipulated that Ford had reached maximum medical improvement and that the sole issue for trial was the nature and extent of his disability. After trial, the circuit court determined that Ford was permanently and totally disabled…
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EPA WILL REASSESS SAFETY OF HERBICIDE PARAQUAT

On January 9, 2026, the head of the U.S. Environmental Protection Agency (“EPA”) announced that the agency will reassess the safety of paraquat, an herbicide that remains legal in the United States despite bans in other countries. The decision reflects renewed scrutiny of paraquat’s health risks, particularly its alleged connection to Parkinson’s disease, and it…
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FLORIDA’S 558 NOTICE: A MANDATORY STEP BEFORE CONSTRUCTION DEFECT LITIGATION

Under Florida law, a plaintiff may not file a construction defect lawsuit without first serving a pre-litigation notice, commonly called a “558 Notice,” on the contractor, subcontractor, supplier, or design professional alleged to be responsible for the defects. See Fla. Stat. § 558.004(1)(a) (2025). If the plaintiff fails to provide this notice, the court must…
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ALABAMA SUPREME COURT CLARIFIES APPLICATION OF THE CLEAN-HANDS DOCTRINE IN CASE INVOLVING SUBDIVISION ARCHITECTURAL COMMITTEE

Restrictive covenants are a bureaucratic reality in the world of design professionals. However, in the legal realm, restrictive covenants and their prospective enforcement or relief therefrom are governed by equitable principles. In its recent decision in, Dendy v. Ryan, 2025 WL 3684707 (Ala. Dec. 19, 2025), the Alabama Supreme Court clarified the application of the…
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ILLINOIS AND NEW YORK LEAD THE WAY IN REGULATING ARTIFICIAL INTELLIGENCE IN HIRING  

Illinois has emerged as a national leader in regulating the use of artificial intelligence (“AI”) in employment decisions, particularly in hiring and recruitment. Recent amendments and expansions to Illinois law significantly restrict how employers may use AI-driven tools, especially those that analyze video interviews, facial expressions, voice patterns, or other biometric-adjacent data, to evaluate job…
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FINRA RELEASES  2026 ANNUAL REGULATORY OVERSIGHT REPORT ADDRESSING RECENT CYBERSECURITY AND GEN-AI BASED THREATS

On December 9, 2025, the Financial Industry Regulatory Authority (FINRA) released its Annual Regulatory Oversight Report (Report) recapping its notable findings and regulatory activities. The Report itself does not create any new legal obligations but rather serves as an informative resource to firms by providing effective practices based on current trends and evolving risks within…
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