Mintz

The Mintz Professional Development team is always hosting continuing education programs for our attorneys. Last week, the firm welcomed Professor Bryan Garner of LawProse for a writing workshop. Over 130 attorneys gathered over the two-day session to sharpen their legal writing skills, focus on transactional drafting, and litigation writing. Professor Garner's instruction paired with interactive exercises providing a powerful learning experience for all. Thank you to Professor Garner and to all who attended!

Congratulations to Stratagen Bio on this incredible award!

One of our attorneys’ priorities is staying engaged in their industry communities. Last week, Members Daniel Cody and Kathryn Edgerton attended the California Society for Healthcare Attorneys (CSHA) Spring Seminar and Annual Meeting. Katie had the opportunity to present about the new pre-transaction notices required by the California Office of Health Care Affordability. On May 14, Mintz Member Dan Reing is serving as Co-Chair for PLI's Broadband and Cable Industry Law Conference and will be moderating several panels. Angela Y. Kung, Chair of Mintz's Technology, Communications & Media Practice, will also be speaking at the conference on a panel entitled "Updates on Rollout and Deployment of BEAD and Other Federal Deployment Programs." Also on May 14, Partner Katy Pitch will share her thoughts on executive compensation on a panel at The Canadian Bar Association’s OBA Taxation Law Program. To see all of our upcoming events, click here. https://bit.ly/3Qxeu9N

Environmental Law Chair Jeff Porter spoke with Inside EPA for an article about a new EPA rule, which adds two PFAS to its list of hazardous substances under CERCLA, and how it could lead to expanded risk assessments of Superfund sites—despite assurances from the EPA otherwise. Jeff commented that most sites on the National Priorities List are not “final” or “deleted.” Therefore, the EPA could still further examine risks of potential contamination of the newly listed substances at sites undergoing five-year reviews. Jeff said, “The agency is already looking at sites where remedies have been implemented to determine if those remedies adequately account for the possible presence of PFAS. Where a groundwater restriction is part of the remedy, the answer to that question might be yes.” https://bit.ly/3QEixlE

Member Drew DeVoogd spoke to Law360 on the Seventh Circuit’s decision to uphold $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China. Drew weighed in specifically on how courts are viewing antitrust injunctions involving standard essential patents like with Hytera. Drew said, “The way in which courts have pretty much universally viewed those antisuit injunctions in the SEP space is essentially encroaching on sovereignty. What lengths will courts in different jurisdictions go to retain their own sovereign power? That's a really fascinating cross-border issue.” https://bit.ly/3WCzp02

Recently, Mintz hosted appreciation events across our offices to celebrate the dedication and hard work of our professional staff. Everyone enjoyed a delicious array of international cuisines during our breakfast, lunch, and happy hour gatherings. Thank you to our staff for their continuous efforts and making Mintz a wonderful place to work!

San Francisco recently filed an appeal on their National Pollutant Discharge Elimination System permit. Member and Chair of Mintz’s Environmental Law Practice, Jeff Porter, discusses this recent development and what may happen based on previous cases. https://bit.ly/4bgwiii

Member Steven Shparber spoke to POLITICO Pro on how the Federal Energy Regulatory Commission (FERC) is set to announce a significant rule that aims to address how energy transmission upgrades are paid for, among other grid-related issues. He commented on the complexity of deciding the role states will play in approving the methods of allocating these costs. Steven said, “Cost allocation is going to be extremely important – and especially the role of the states in opining on or approving cost allocation methods. That’s going to be probably the thorniest issue. What FERC says on this could determine how effective a final rule ultimately is in terms of getting new transmission built.” https://bit.ly/4dLVgID

ESG Co-chair Jacob Hupart spoke with Responsible Investor about a recent Oklahoma court decision to issue a temporary injunction against the state’s anti-energy boycott law. He mentioned that it will be interesting to see how the competing pressures here, particularly concerning fiduciary duty, will play out. Jacob said, “Conservatives say you can’t consider ESG factors because that’s a breach of fiduciary duty, and here you have others say if you take away money from firms that are considering ESG factors that would be a breach of fiduciary duty. I don’t think we’ve seen an ability to finesse this as yet.” https://bit.ly/4bxfaFk

Our annual Employment Summits are back and in full swing. These full-day sessions offer C-level executives, compliance officers, in-house counsel, and HR professionals the opportunity to hear the latest developments in employment regulation and trends from Mintz attorneys and regulatory officials. This year, we welcomed two professionals from the US Equal Employment Opportunity Commission (EEOC): Kenneth An, Director of the Boston Area joined us in Boston, and Yaw Gyebi, New York District Director joined us in New York. Next Wednesday, May 15, we cap the Employment Summit in San Diego, where we are excited to hear from the Honorable William McCurine, retired Federal Magistrate Judge for the Southern District of California and current full-time mediator with Judicate West about resolving employment disputes and best practices for avoiding claims. If you are interested in attending, you can register here. https://bit.ly/4b7j6Nb