A United States District Court Judge for the Northern District of California has reduced an $75 million punitive damages award against Monsanto Company to $20 million in the nation’s first federally-tried Roundup case. Hardeman v. Monsanto, 3:16-cv-00525 (N.D. Cal., July 15, 2019). In reducing the award, the Court stated Monsanto deserves to be punished, but…
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FINRA recently issued Regulatory Notice 19-23 addressing “extraordinary cooperation” by broker dealers and broker dealer firms. The Notice highlights FINRA’s hopes to incentivize broker dealers and broker dealer firms to take “proactive and voluntary steps beyond those required under FINRA rules” by crediting such cooperation in FINRA’s regulatory enforcement decisions. The Notice also clarifies the…
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In 2016 the Equal Employment Opportunity Commission (“EEOC”) adopted a controversial rule requiring employers with over 100 employees to report pay data and hours worked broken down by sex and race as part of annual EEO-1 reporting obligations. On July 2, 2019, the EEOC updated its website to provide additional information and about new pay…
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In Construction Services Group, LLC v. MS Electric, LLC, 2019 WL 2710115 (Ala. Civ. App. 2019), the parties entered into an agreement with the Alabama Public School and College Authority. The agreement provided that Construction Services Group, LLC (“Construction Services”) would act as the general contractor on a construction project for additions and alterations to…
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The D.C. Circuit has upheld an EPA rule that classifies as “recycled” certain hazardous material sent to a third-party reclamation facility and thus exempt from the Resource Conservation and Recovery Act (RCRA) regulations governing discarded waste. California Communities Against Toxics, et al., v. EPA, et al., No. 18-1163 (D.C. Cir., July 2, 2019). In this…
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In LaLonde v. Gosnell, 2019 WL 2479172 (Tex. June 14, 2019), the Texas Supreme Court held an engineer’s engagement in the judicial process, through the completion of discovery and until one month before trial, waived the Certificate of Merit requirements. Paul and Kim Gosnell (the “Gosnells”) contracted with Thomas A. LaLonde d/b/a Lee Engineering Co….
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In Ex parte Farley, — So.3d —-, 2019 WL 2558824 (Ala. Civ. App. June 21, 2019), the Employee, Randy Farley (“Farley”) filed suit for workers’ compensation benefits against his Employer, Transport America, Inc. (“Transport America”) in Etowah County, Alabama. As part of its discovery requests, Transport America asked that Farley execute releases for obtaining certain…
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On June 11, 2019, Alabama Governor Kay Ivey signed a new law that prohibits employers from paying less for the same work on the basis of gender or race. The new law, titled the Clarke-Figures Equal Pay Act (the “Act”), makes Alabama the 49th state to enact a state law against wage inequality, with only…
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In Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc., Georgia’s Supreme Court addressed the scope of the “acceptance doctrine” in negligent construction cases. 2019 WL 2332043 (Ga. 2019). Thomaston Acquisition, LLC (“Thomaston”) was the subsequent purchaser of an apartment complex and, after purchase, it discovered that the roof and HVAC system had been negligently constructed….
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On June 5, 2019, the SEC voted to adopt a package of rulemakings and interpretations regarding broker dealers’ and investment advisers’ standards of conduct, including new Regulation Best Interest, new Form CRS Relationship Summary, and two interpretations under the Investment Advisers Act of 1940. Under Regulation Best Interest, broker dealers will be required to act…
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