What to Do When You Find Yourself in the Data Breach Club


In the wake of the latest massive data breach, this one involving Equifax, more and more companies are likely wondering what they should do in the event that they are faced with a data breach that exposes the personal data of their employees or customers.
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EPA's New Enforcement Initiative Stumbles Out of the Gate


As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection Agency’s (EPA) national enforcement initiatives for FY 2017 (beginning October 1, 2016) has stumbled out of the gate.
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U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications


In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary decision –on February 9, 2016 overruled the D.C. Circuit Court of Appeals and granted a motion to stay (or halt) the implementation of an agency rule while the appeal of the EPA’s rule is still pending before the D.C. Circuit. The legal issues before the D.C. Circuit have not yet been briefed or argued.
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Supreme Court Declines to Review Second Circuit Decision Requiring Court Approval of FLSA Settlements


On January 11, 2016, the U.S. Supreme Court denied a petition for writ of certiorari in Cheeks v. Freeport Pancake House, Inc., et al., declining to address whether the parties in a non-collective lawsuit brought under the Fair Labor Standards Act (“FLSA”) may stipulate, without court approval, to dismiss the case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1).
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Can I Be Criminally Prosecuted for Violating Federal Safety and Health Regulations?


Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards set forth in the Federal Mine Safety and Health Act of 1977.
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