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December 11, 2014

Often overlooked by Superfund lawyers and PRPs, CERCLA Five-Year Reviews (FYRs) may merit closer attention given recent US EPA initiatives to more closely scrutinize completed remedies. In particular, the Agency has emphasized, via internal guidance, that emerging issues such as vapor intrusion (VI) and institutional controls (ICs) must be given active consideration during FYR protectiveness...

December 9, 2014

You know how kids bicker in the back seat of a car? (Not my kids, of course. No, never.) And you’re driving to the beach, and they won’t quit bickering about who’s touching whom, and you threaten to turn the car around and head home if they don’t knock it off? And that you really mean it this time? But you don’t really mean it because you are just as...

November 18, 2014

Please don’t shoot the messenger, but I’m here to tell you that the world is coming to an end. It really is. Just look at the horrifying portents of the end of days. We’ve got a global chocolate shortage coming.

November 14, 2014

Underoos are back! Seriously – they are back! I know, right? And this time, they come in adult sizes.

November 10, 2014

Manufacturers of the latest generation of smartphones have touted fingerprint technology as the latest, greatest, and safest way to secure the contents of your phone. But while fingerprint technology may block hackers or thieves from viewing the contents of your phone, the same technology may surprisingly make it easier for government investigators to access your phone.

November 5, 2014

Did you experience an alarmingly high level of stress while watching The Good Wife’s “Shiny Objects” episode, when the law firm of Florrick Agos was hit by a malware attack that triggered a ransomware program that locked all of firm’s files and...

October 30, 2014

Remember when you were a kid, and everybody was getting ready to play kickball, and there were two captains, and the captains started picking teams, and you kept not getting picked, and then there were just two people left, and you didn’t want to be the last one, and ...

Wait, what? No! I am not speaking from personal experience! Moving on.

Well, that kid who doesn...

October 21, 2014

There’s a fight going on right now between companies and the government, and it goes something like this:

Government: “We want to make you more safe!”

Company: “No way. We’d like to put our customers at risk. Thanks!”

Wait. That doesn’t sound right. Maybe’s it’s more...

October 9, 2014

Superheroes are totally in vogue right now. From Iron Man and the X-Men on the big screen, to the Flash and Marvel’s Agents of S.H.I.E.L.D. on television, there are spandex-laden crusaders all over the place.

October 8, 2014

Lost amongst the news of the Supreme Court’s recent refusal to take up the same-sex marriage issue was the Court’s decision not to consider an appeal in a rare Foreign Corrupt Practices (FCPA) case. To the very dedicated FCPA bar, the denial was a noteworthy, if unsurprising result.

September 29, 2014

Attention, people: The United States wants your bears.

September 24, 2014

Several months ago, as I was browsing through a forthcoming law journal article on the Foreign Corrupt Practices Act, I noticed an entry in the article’s table of contents titled: “Offensive Use of the FCPA.” I have to admit that the mere idea of an “offensive” FCPA itself sent shivers down my...

September 17, 2014

One thing that I find entertaining about pro football is that the sky is falling after every week. Week One, Dallas is manhandled by San Francisco and will be lucky to win a single game all season. Week Two, the ’Boys stand tall against a mediocre Tennessee team, and it’s all “how about them Cowboys!...

September 8, 2014

I woke up today and everything was going along just fine. An uneventful early morning jog through darkness and spider webs, an easy commute. I logged on, checked the news … and then, everything changed. Suddenly, everything I knew was wrong.

Because Hello Kitty is not a cat.

September 8, 2014

The art or science of practicing law often comes down to two things: substantive knowledge and the ability to communicate. Put another way, it comes down to whether you know what you’re talking about and whether you can explain it to someone else, be it a judge, a jury, a client, or a four-year old.

September 4, 2014

Growing up, I always thought that goulash was some kind of dish where everything in the refrigerator ended up participating. (Wikipedia tells me that my mom was wrong!) Today’s blog ends up being just that kind of thing though, whatever you want to call it: a lot of topics that we’ve talked about before that are back – like...

August 19, 2014

In an article profiling John R. MacArthur, the publisher of Harper’s Magazine, MacArthur is quoted as saying, “I’ve got nothing against people getting on their weblogs, on the Internet and blowing off steam. If they want to do...

August 11, 2014

Small companies have it rough. Limited resources make local expansion difficult.  International expansion is harder still. So small companies seeking recognition overseas need to be creative. Unfortunately, unbridled creativity is dangerous and often leads to government investigations, FCPA violations, and criminal fines. And don’t think that smaller companies don’t register...

August 5, 2014

There are scintillating titles, and then there are scintillating titles. And then there’s the issue of an enormously significant data privacy case that happens to be captioned under the most soporifically benign name around: “In the Matter of a Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corporation.”

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July 31, 2014

Yesterday, the Senate did something.

(Aside: I know, right!? In the words of one of my colleagues, “Shut the front door!” Because at the end of 2014, this 113th Congress will be the least productive ever in passing...