Publications

In West Virginia v. Environmental Protection Agency, the court invalidated an Obama administration rule that had addressed greenhouse gas emissions from coal- and gas-fired power plants. This decision weakens the EPA’s rulemaking authority. In 2015, the EPA promulgated the Clean Power Plan, 80 Fed. Reg. 64,662 (the “CPP”), which limited […]

On May 19, 2022, the Department of Justice (DOJ) announced a change in its policy for prosecution of violators of the Computer Fraud and Abuse Act (CFAA).  Under the new policy, good-faith researchers, pen-testers, or bounty hunters will not be prosecuted.  The announcement is a welcome clarification for researchers and […]

The California Privacy Protection Agency (the “Agency”) released draft regulations on May 27, 2022, that are intended to implement portions of the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”).  The regulations focus on issues ranging from opt-out preferences to consumer complaints as companies […]

In re App. No. P-12.32 of Black Hills Neb. Gas, 311 Neb. 813 (2022). The Nebraska Public Service Commission (“PSC”) has broad authority to regulate natural-gas providers in Nebraska. Under Nebraska Revised Statutes section 66‑1863, a provider must obtain PSC approval before expanding or enlarging its service area.[1] The standard […]

Mark Goldsmith joins David Kramer to talk about the challenges that employers face when defending against lawsuits filed in California state court. Mark will discuss how procedures have evolved to make litigating remotely more cost effective, as well as some of the differences that make California cases unique. Listen here.