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Publications & Presentations

We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.

Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.

Recent Publications

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April 2015
Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules
Source: EM Magazine
Author: Anthony B. Cavender

A long-term project by the U.S. Environmental Protection Agency (EPA) to reform, reduce, and relax the regulatory obstacles to the reclamation and recovery of valuable byproducts generated by industrial operations appears to have come to an end. In January 2015, EPA promulgated a final rule that again revised the agency’s regulatory definition of “solid waste,” which is the linchpin of EPA’s authority under the Resource Conservation and Recovery Act (RCRA) to regulate the management of hazardous waste (see January 13, 2015, Federal Register).

March 2015
FCC Enforcement Monitor
Authors: Scott R. Flick, Jessica T. Nyman

Headlines:

  • Deceptive Practices Yield Multi-Million Dollar Fines for Telephone Interexchange Carriers
  • LPFM Ads Cost $16,000
  • Multiple TV Station Licensees Face $6,000 Fines for Failing to File Children’s TV Programming Reports

3/27/2015
Supreme Court to Securities Issuers: Beware What You Omit When Stating Your Opinions
Authors: Bruce A. Ericson, David M. Furbush, Sarah A. Good

Deciding this Term’s big securities case, a unanimous Supreme Court held on March 24 that a statement of opinion does not become actionable under the “untrue statement of material fact” clause of section 11 of the Securities Act of 1933 merely because subsequent events prove it wrong, so long as the speaker honestly held the opinion. But the Court split 7-1-1 as to whether such an honest-but-wrong-in-hindsight opinion might nevertheless be actionable under the “material omissions” clause of section 11, and the Court remanded for further proceedings. Taken together, the three opinions in the case flag the issue of the extent to which opinions in a registration statement ought to be qualified and their bases explained. Omnicare, Inc. v. Laborers Dist. Council Constr. Ind. Pension Fund, No. 13-435, 2015 WL 1291916 (Mar. 24, 2015).

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