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Plugged In: An EV Newsletter Vol. 2, No. 10
More than 3.3 million Americans own an electric vehicle (EV). In July 2024, the federal government reported that there were approximately 177,000 publicly available commercial-speed EV charging stations available in the United States while some estimates suggest that more than a million publicly-available charging stations will be needed by 2030 or shortly thereafter to meet…
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Board Governance in the Age of AI: Navigating Risks of Note-Taking Tools
Recently, during a virtual meeting of a board-of-directors committee, the chair noticed one of the absent committee members had suddenly appeared in attendance. But after closer review, the chair realized it was not the human board member who had joined, but rather, the member’s “AI assistant” that automatically joins any meeting listed on the missing…
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Give the People What They Want (and What They Want Are More and More Clean Electrons)
As we put this post-election issue of Climate Law Matters together, my colleagues and I noticed an interesting common thread in our reflections: without minimizing the impact a negative turn to federal policy could have on many fronts in the fight against climate change, we share the belief that the data tells us something profound…
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Key Proposals from the CY 2026 Medicare Advantage and Part D Proposed Rule
On November 26, 2024, the Centers for Medicare & Medicaid Services (“CMS”) released the contract year 2026 proposed rule for the Medicare Advantage (“MA”) program, Medicare Prescription Drug Benefit Program (“Part D”), Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly (the “Proposed Rule”). Likely one of the last significant Medicare reform…
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US Supreme Court Dismisses NVIDIA Appeal As Improvidently Granted
On December 11, 2024, the United States Supreme Court issued a one-sentence decision dismissing the appeal—after having already heard oral argument—in a putative class action asserting claims under the Securities Exchange Act of 1934 against a technology company and certain of its officers. NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970. The Court’s…
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Crimson Wine Group Files Official Notice of Data Breach Affecting 26k People
On December 13, 2024, Crimson Wine Group filed notices with the Attorneys General of Vermont and Texas after discovering that an unauthorized party gained access to its computer systems. In these notices, Crimson explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information, which includes their names, addresses, Social…
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Positive Behavior Supports Corporation Reports Data Breach Affecting Sensitive Client Information
On December 17, 2024, Positive Behavior Supports Corporation filed a notice of data breach with the Attorney General of Texas after discovering that an unauthorized party gained access to the company’s IT network. In this notice, PBS explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information, which includes…
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Dangerous Drug Recalls: Protecting Yourself from Medication Risks
Each year, drug companies recall numerous drugs that they have marketed to patients and healthcare providers in the United States. These recalls come despite drug companies’ obligations to thoroughly test new drugs before bringing them to market and despite the U.S. Food and Drug Administration’s (FDA) role in approving drugs and protecting patient safety….By: Searcy…
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Notable Ruling Roundup – December 2024
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Robert Greer, et al. v. Strange Honey Farm, LLC, et al., No. 23-5589 (6th Cir. 2024): The U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a putative class…
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Sixth Circuit Applies FRE 702 to Class Certification Experts and Highlights Commonality and Predominance Issues for Products That Change Over Time
Class certification decisions under Rule 23 of the Federal Rules of Civil Procedure mark a critical stage in any putative class action lawsuit. Rule 23(a) requires plaintiffs to prove, among other things, that “there are questions of law or fact common to the class.” And Rule 23(b) authorizes money damages class actions only where the…
