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More on old NSR claims: injunctive relief remains available against original owners foolish enough not to have sold
  • Foley Hoag LLP
  • USA
  • August 28 2013

As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to


The Seventh Circuit still wrong: Bernstein v. Bankert
  • Foley Hoag LLP
  • USA
  • August 6 2013

Late last year I blogged on the dubious decision by the Seventh Circuit in Bernstein v. Blankert which held that a settling CERCLA party did not


Increased risk of FCPA prosecution of foreign national executives of U.S. issuers: recent court decision allows open-ended statute of limitations and bases FCPA jurisdiction on email routed through US servers
  • Foley Hoag LLP
  • USA
  • February 19 2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act


CERCLA cost recovery or contribution claim: another judicial misstep
  • Foley Hoag LLP
  • USA
  • December 28 2012

The chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit. In Bernstein v. Blankert, the Seventh Circuit revisited the issue


Supreme Court provides guidance on Section 16(b) statute of limitations
  • Foley Hoag LLP
  • USA
  • April 13 2012

In Credit Suisse Securities LLC v. Simmonds, the Supreme Court recently addressed the timeliness of claims brought against corporate insiders to recover short-swing profits under Section 16(b) of the Securities Exchange Act of 1934..


CERCLA's easily confused statutes of limitations
  • Foley Hoag LLP
  • USA
  • April 3 2012

Deciding statute of limitations issues in CERCLA cases is not always a straightforward matter as the recent 54-page opinion in American Premier Underwriters Inc. illustrates.


EPA loses another one: enhanced mountaintop mining reviews struck down
  • Foley Hoag LLP
  • USA
  • October 17 2011

As part of its efforts to control the impact of mountaintop removal mining, EPA has implemented a number of changes both procedural and substantive into how 404 permit applications for such activities will be reviewed.


EPA loses a PSD enforcement case -- big time
  • Foley Hoag LLP
  • USA
  • October 14 2011

EPA may have had problems in court in recent years defending its regulations, but it has generally fared much better in its enforcement cases.


Massachusetts District Court appellate division holds statute of limitations bars claim for breach of implied warranty of merchantability for roofing shingles delivered twenty years earlier because any such claim accrued on tender of delivery
  • Foley Hoag LLP
  • USA
  • October 3 2011

In Howard v. IKO Manufacturing, Inc., 2011 WL 2975813 (Mass.App.Div. July 20, 2011), plaintiff purchased, in late 1990, roof shingles which he claimed came with a “forty- or fifty-year warranty” but began to disintegrate in less than twenty years.


National Labor Relations Board issues final rule requiring employers to post notices about employees’ rights under the National Labor Relations Act
  • Foley Hoag LLP
  • USA
  • August 26 2011

The National Labor Relations Board has issued a final rule which requires virtually all private employers in the United States to post notices about workers’ rights under the National Labor Relations Act (“NLRA”).