And yet, the number of areas of practice that overlap with environmental law only seems to be increasing, particularly with respect to climate change. Even if we try, environmental lawyers cannot be experts in all aspects of these other areas of law. Other practitioners need to be familiar enough to recognize when and how climate change issues affect their work. In response to growing demand from the investment community over the past twelve years, the Securities and Exchange Commission (SEC) has issued guidelines calling for greater disclosure by publicly traded companies of the risks and costs of climate change for their companies. The SEC`s efforts to promote greater transparency regarding companies` environmental impact culminated on June 21. March 2022 in the enactment of a proposed rule that includes a number of new requirements for detailed disclosure of these risks and costs, with a particular focus on greenhouse gas (GHG) emissions. If adopted, the rule would impose significant obligations on public producers not only to provide such information, but also to establish a comprehensive system of disclosure and accounting controls necessary to ensure the regular recording, assessment and disclosure of a company`s exposure to climate-related risks and environmental impacts. Proper maintenance of such a system would require a rigorous assessment of the adequacy of the design and operating effectiveness of these controls. The EPA is called a regulator because Congress empowers us to draft regulations that explain the critical details needed to implement environmental legislation. In addition, a number of presidential decrees play a central role in our activities.
Financial regulators are already assessing whether climate change poses systemic risks to the financial system. While U.S. regulators generally lag behind their European counterparts when it comes to how to manage climate risks in their oversight and regulatory functions, they are not unaware of the problem. The CFTC is currently preparing a report on systemic climate-related risks to the financial sector, for which it has sought public comment. The Federal Reserve is also assessing these risks. U.S. Federal Reserve Chairman Jerome Powell said in January that the Fed had a role to play „in ensuring that the financial system is resilient and resilient to the risks of climate change” and was working to figure out how to do so. Chairman Powell also signalled his willingness to join the Network of Central Banks and Financial System Supervisors (NGSF) and sent representatives to attend NGFS meetings.
The Federal Reserve Bank of San Francisco hosted a conference on climate change in 2019 and commissioned a series of papers. The Executive Vice President of the Federal Reserve Bank of New York, Kevin Stiroh, delivered a speech on climate change and risk management in banking supervision at an event held at Harvard Business School on March 4, 2020. Stiroh is also co-chair of the recently established Basel Committee on Banking Supervision`s recently established Climate Risk Working Group (TFCR), which released its first report in April. In the United States, financial regulators are closely monitoring efforts by central banks and regulators in other countries to develop stress tests and disclosure requirements. Last year, on July 22, 2021, Jennifer Abruzzo, General Counsel of the NLRB, released her first memo outlining her agenda and priorities for her four-year term. Moreover, the council itself has grown from a Republican majority to a Democratic majority, led by President Lauren McFerran. Unsurprisingly, the memo and the Democratic majority on the board mark a significant shift in the NLRB`s priorities from the Trump era toward a more pro-union and pro-worker stance. The following potential changes to NLRB standards and priorities are expected: Lawyers are seeing the emergence of AI and algorithm-based technologies become more common. Almost every aspect of legal practice is ripe for AI-powered process improvements and efficiencies – research, study preparation, contract management, panel evaluation and management, expense and case management, and e-invoicing. The emerging generation of tech-savvy lawyers will embrace more advanced technology solutions. For companies that sell in China, produce in China, or face competitors that produce in China, Chinese patents are an increasingly important part of a strong patent portfolio.
While many manufacturers have announced plans to diversify their supply chains outside of China due to ongoing disruptions during the COVID-19 pandemic, these efforts have been slow to materialize. Meanwhile, China continues to experience explosive growth in patent filings and enforcement proceedings, far outpacing the United States. This increase is due both to continued reliance on Chinese activities in global supply chains and to concerted efforts by Chinese lawmakers to strengthen patent rights and increase the consistency of enforcement procedures. This article summarizes these recent efforts to both China`s National Intellectual Property Administration and China`s judicial system. There are many things that businesses need to consider when developing and/or updating their privacy policies, so consult legal counsel to ensure that all applicable laws in your state have been taken into account. The developments discussed above are largely driven by the Biden administration, although one antitrust risk that goes beyond changes in government and party lines is antitrust behavior. We must not forget the lessons learned from the Department of Justice`s lengthy investigation into auto suppliers, one of the largest criminal investigations ever conducted by the antitrust division, which resulted in charges against some 48 companies and fines of nearly $3 billion. The settlement of class actions and other claims by private plaintiffs reportedly exceeded $1 billion. First, employers should be aware that COVID can be a disability under the ADA, depending on the employee`s symptoms. If an employee requests leave beyond what is normally granted by company policy due to COVID-related symptoms, employers should engage legal counsel to determine on a case-by-case basis whether this can be considered a disability that would force the company to participate in the interactive process.
Outside of independent financial regulators, the federal government is not currently working to integrate climate change risks into the legal framework. Instead, the current administration has focused on preventing better integration of collective climate change science into federal regulatory structures. It has consistently sought to reverse existing environmental standards, with particular emphasis on regulations to reduce greenhouse gas emissions. In recent years, many regulatory proposals have included legal interpretations to limit the federal government`s power to regulate climate change and environmental protection. In some cases, this government has bypassed private sector climate awareness efforts by reversing regulations it has already complied with or supported. In particular, Customs has requested $70.3 million for fiscal year 2023 to add enforcement resources to implement this law. As a result, all importing companies should expect an aggressive customs audit of imports from China – and even Asia in general – to determine whether the goods contain parts and components with ties to the Xinjiang Uyghur Autonomous Region. Importers should therefore carefully review their supply chain compliance measures to ensure that they are compatible with these new legal requirements. For decades, the Department of the Interior („DOI”) has interpreted the MBTA as covering both intentional and random images. In other words, MBTA has long been considered intentional, knowingly harming migratory birds, as well as accidental damage occurring as a by-product of an independent act. However, in late 2017, the DOI issued an opinion note concluding that only intentional acts are prohibited under the MBTA. In January 2020, the U.S.
Fish and Wildlife Service („FWS”) released a proposal to codify MBTA interpretations in the 2017 memo. The final rule, which states that accidental withdrawals are not prohibited by the MBTA, was published on January 7, 2021 and was scheduled to take effect on February 8, 2021. While some recent developments point to a future where large and complex items such as entire vehicles can be printed, most of the current use cases for this technology are the manufacture of parts or subsystems for use in larger systems. The possibility of using additive printing technology to manufacture machine parts requires manufacturers to be aware of the doctrine of repair and reconstruction patents, which distinguishes between authorized repair of a patented article and incorrect reconstruction of a patented product, the latter constituting patent infringement.