Jaleesa Smith, Author at SGR Law

Oct 5, 2020

The President Authorizes the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

On June 25, 2020, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, repealing the sunset provisions of the Antitrust Criminal Penalty Enhancement and Reform Act (“ACPERA”).[1] On October 1, 2020, the President signed into law a continuing resolution. The resolution contains the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act, which reauthorizes ACPERA and repeals its sunset provision. [2] ACPERA was enacted in 2004 to encourage antitrust violators to cooperate with government prosecutors and private litigants in antitrust cases. Under the Act, if an amnesty applicant into the Department of Justice’s Antitrust… Read more

Sep 23, 2020

Bipartisan House Plan Proposes Significant Investment in Clean Energy Infrastructure

A House Bipartisan proposal, which is expected later this week, aims to invest significantly in clean energy infrastructure technology and tax incentives to reduce greenhouse gas emissions over the next 30 years. The House Bill would create a clean electricity standard for the power sector designed to reduce carbon dioxide emissions by 80% by 2050. The standard calls for expanded resources for technology for carbon capture, use and storage, and would establish a revamped regulatory framework to modernize the energy grid. The Bill would shift enforcement of power sector carbon dioxide emissions from the Clean Air Act to the policy… Read more

Sep 21, 2020

Waiver Of Money Damages And The Inadvertent Consent To Injunctive Relief

When drafting commercial contracts, attorneys often insist on including a provision requiring one or both parties to waive claims for money damages in the event of an alleged breach. For example, commercial leases often include a provision requiring the tenant to waive claims for money damages in matters pertaining to the landlord’s exercise of its judgment in withholding consent or approvals under the lease. While these provisions are intended to reduce risk by removing the exposure to money damages, they may have the unintended consequence of a finding that the parties have contracted for, and consented to, the granting of… Read more

Sep 14, 2020

Slave-Free Business Certification Act

On July 1, 2020, the State Department issued new guidance on the alleged use of Uyghur forced labor in China.[1] This guidance comes in light of the increasing awareness that American companies, either knowingly or unknowingly, use forced labor in their supply chains. But the risks of forced labor use, including legal, ethical, and financial concerns, are not exclusive to supply chains flowing through China—countries in Central Asia, Africa, and the Middle East also allegedly use forced labor in export industries.[2] In response to these global risks, Sen. Josh Hawley has introduced the Slave-Free Business Certification Act (the “Act”). If… Read more

Sep 9, 2020

EPA Relaxes Limits on Toxic Waste from Coal Power Plants

On Monday, the U.S. EPA issued a new rule relaxing the Obama era requirements for treating waste produced by coal-fired power plants. Under the new rule, companies would have more time and flexibility to treat power plant wastewater that contains mercury, arsenic, and other toxic heavy metals. The new rule achieves this by allowing plants that are reducing, or eliminating the use of coal to continue to use outdated water treatment technology to cleanup emission control equipment inside the coal-fired plant’s smoke stakes. The byproduct of this process is water that is contaminated with heavy metals which has historically been… Read more

Aug 26, 2020

EPA Continues Its Efforts to Increase Approval of Disinfectant Products

The U.S. EPA has taken steps to provide additional flexibility to manufacturers of disinfectants in an attempt to increase the availability of products for Americans to use against the novel Coronavirus. To address supply chain challenges posed by the pandemic, the EPA is allowing manufacturers to obtain certain inert ingredients, like sodium chloride or glucose, from different supplies without first checking with the agency for approval. In addition, the agency is also continuing to expedite the review of submissions from companies requesting to add viral pathogen claims to their already registered surface disinfectant labels. The agency continues to be able… Read more

Aug 12, 2020

DOJ Announces Policy to End Enforcement Overlap with States under Clean Water Act

On Monday, July 27, the DOJ issued a memo stating that federal actions seeking penalties under the Clean Water Act (CWA) will be strongly disfavored when a state has already initiated its own enforcement action. The memo notes that the CWA already precludes federal action when a state is pursuing administrative proceedings against an alleged violator under comparable state law, but that the CWA does not have the same prohibition when a state is pursuing a judicial enforcement action. The policy applies only to civil actions, not criminal cases, and is designed to respect state authority, and avoid duplicative enforcement… Read more

Aug 6, 2020

Georgia Governor Signs Lien Waiver Senate Bill

On August 5, 2020, Georgia Governor Brian Kemp formally signed into law Senate Bill (SB) 315[1] to restore statutory lien and bond waivers to their original intended purpose of waiving lien and bond rights only and to resolve the confusion caused by ALA Construction Services, LLC v. Controlled Access, Inc.[2], in which the Georgia Court of Appeals held that Georgia statutory lien waivers can also waive breach of contract claims.[3] SB 315 will take effect on January 1, 2021. Lien waivers signed from that point forward will only waive lien and bond rights, and not other claims, to the extent… Read more

Jul 29, 2020

EPA Proposes Carbon Limits for Airplanes

On Wednesday, July 21, the EPA proposed a new rule to set greenhouse emission standards for certain types of aircraft under the Clean Air Act. Under the proposal, the EPA will adopt domestic standards that conform with the International Civil Aviation Organization guidelines which require reduced carbon dioxide emissions from new aircraft starting in 2028. The proposed rule is welcomed by most major commercial aircraft manufacturers who already comply with the ICAO standards. For more information, please contact Phillip Hoover.

Jul 20, 2020

The East River Divide

Litigation is not mathematics. There is not always a universally accepted equation or answer. Outcomes are often dependent upon the experience-based tendencies of the trial court, or the composition of a jury or appellate court panel. Many considerations go into filing a lawsuit, such as the various theories of liability to be prosecuted, the nature of the relief sought, and the cost-benefit analysis based upon the anticipated expense of litigation. But occasionally, in a suit to be pursued in New York City, an important threshold consideration is in which of the five counties the proceeding should be filed. New York… Read more