Recent Publications - Commercial Litigation


International Dioxin Developments
May 24, 2017 | Commercial Litigation | General Liability
Incineration at Issue in Ontario Town Government officials in a local town in Ontario, Canada, are having a public disagreement regarding the use of incinerators as a waste management tool. Greg Burns is the deputy mayor of Port Hope. He reportedly has written to the Ministry of Environment and Climate Change advocating a ban on …
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Dioxin: State Developments
May 24, 2017
New Jersey Officials Concerned Over Pompton Site The New Jersey Department of Environmental Protection (“DEP”) reportedly is concerned that soil and fill with low levels of polychlorinated biphenyls (“PCBs”) and dioxin near three rivers could enter the area’s water supply. Background The abandoned 12-acre “Top Soil Depot” (“TSD”) site, located in Wayne Township, Passaic County, …
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The Science of Dioxin
May 24, 2017 | Commercial Litigation | General Liability
Taiwan FDA Says It Found Dioxin in Only One Farm’s Eggs Taiwan’s Food and Drug Administration (“FDA”) has announced that eggs from only one farm in Changhua County contained excessive levels of dioxin. Background According to news reports, the Taiwan FDA recently found that the amount of dioxin in eggs coming from somewhere in Changhua …
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Dioxin Developments
May 24, 2017 | Commercial Litigation | General Liability
EPA Resuming Remediation at American Creosote Site The U.S. Environmental Protection Agency (“EPA”) is resuming its work to remediate the American Creosote Works, Inc., in Pensacola, Florida. Background The 18-acre American Creosote Works site is at 1800 West Gimble Street in Pensacola. Several businesses are located north of the site and residential areas, included in …
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International Dioxin Developments
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Incinerator Project Proposed for Central China The government of Xiantao in central China has contracted with Infore Environment Technology Group for a new incineration plant for the area, according to news reports. Background A prior incinerator project was suspended last year after residents protested. An economic planner in Xiantao proposed the new project on February …
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The Science of Dioxin
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Korea Agency for Technology and Standards Finds No Dioxin in Pampers Diapers The Korea Agency for Technology and Standards has found no dioxin present in diapers manufactured by Procter & Gamble and sold by retailers in Korea. Retailers had withdrawn the diapers over a French consumer publication’s claim that it had detected dioxin in the …
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Dioxin: State Developments
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
New Jersey Legislators Seek Investigation of Impact on Superfund Sites of Argentinian Company’s Bankruptcy Two resolutions primarily sponsored by New Jersey Senators Christopher “Kip” Bateman and Bob Smith and New Jersey Assemblyman Timothy Eustace urge federal and state authorities to investigate actions taken by an Argentinian state-owned oil company, YPF S.A., to discharge Superfund obligations through United States …
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Dioxin in the Courts
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Lawsuit Seeks Update to Washington’s Clean Water Act Standards A lawsuit filed by an environmental group in a federal district court in the state of Washington contends that Washington’s aquatic life criteria “for many toxic pollutants” must be updated because the current rules violate the Clean Water Act (“CWA”). Background The lawsuit was filed by …
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Dioxin Developments
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Report Cites Elevated Dioxin in Some People Who Ate Detroit River Fish A study by the Michigan Department of Health and Human Services found that some people who ate fish from the Detroit River two or more times per month had elevated levels of dioxin as well as mercury and polychlorinated biphenyls (“PCBs”) in their …
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What Trump’s “Buy American and Hire American” Executive Order Means for Your Business
April 20, 2017 | Appeals | Commercial Litigation | Corporate
On April 18, 2017, President Trump issued an executive order entitled “Buy American and Hire American.” The Order states that the Executive Branch’s official policy is “to rigorously enforce and administer the laws governing entry into the United States of workers from abroad,” in an effort “to create higher wages and employment rates for workers …
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Bank, Sirignano, Kam & Bholan Co-Author Article For ABA’s Tort Trial and Insurance Practice Law Journal
April 14, 2017 | Commercial Litigation | Insurance Fraud
Brian L. Bank, Michael A. Sirignano, Priscilla D. Kam and Michelle A. Bholan co-authored the section Recent Developments in Business Litigation, which was published in the Winter 2017 issue of the American Bar Association’s Tort Trial & Insurance Practice Law Journal. To read the article, Click Here. This information or any portion thereof may not …
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International Dioxin Developments
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
Decision on Cork Harbour Incinerator Expected by March 22 The authorities reviewing a proposal for a €160 million municipal and hazardous waste incinerator in Cork Harbour, Ireland, are expected to issue a decision by March 22. Background Indaver, which is a waste management company, submitted an application to An Bord Pleanála, the Cork County governing …
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Dioxin: Legislative Developments
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
New Hampshire Bill Would Require Sediment Analysis at Construction Sites A New Hampshire state representative, Wayne Burton, has introduced a bill that would require construction projects that disturb sediments of estuarine waters to analyze the characteristics of the sediments and submit a chemical analysis of the sediments to the state’s Department of Environmental Services (“DES”) …
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The Science of Dioxin
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
“Little Health Risk” from PCDD/Fs in Food in China, Paper Finds The Journal of Environmental Sciences has published a scientific paper that found “little health risk” from polychlorinated dibenzo-p-dioxins and dibenzofurans (“PCDD/Fs”) in food in China. Background The paper, entitled “Patterns and dietary intake of polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans in food products in China,” …
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Dioxin Developments
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
Court Ruling Moves California Closer to Requiring Warning Label on Glyphosate A tentative ruling by a California judge has moved state regulators closer to requiring a warning label on glyphosate, the main ingredient in the Monsanto product, Roundup. Background In 1986, California voters adopted Proposition 65, more formally known as the Safe Drinking Water and …
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International Dioxin Developments
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Dioxin Clean-Up to Begin at New Zealand’s Kopeopeo Canal Authorities in a New Zealand town have awarded a contract to a consortium led by Auckland-based EnviroWaste Services Limited to remove sediment containing dioxin from a 5.1 kilometer section of the Kopeopeo Canal. Background The Kopeopeo Canal was built during the 1920s to convey drainage and …
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The Science of Dioxin
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Researchers Say They Have Mapped PHCZs in the Great Lakes Researchers from the School of Public Health, the Department of Civil and Materials Engineering, and the Department of Earth and Environmental Sciences at the University of Illinois at Chicago and from the Department of Veterinary Biomedical Sciences and Toxicology Centre at the University of Saskatchewan have published …
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Dioxin: Legislative Developments
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Proposed Constitutional Amendment on Natural-Resources Damages Set for Vote in New Jersey The New Jersey legislature has approved a resolution that allows voters to vote on a constitutional amendment that, if adopted, would limit the ability of the state to use funds received in settlement of certain environmental actions for general budgetary purposes. The resolution …
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Dioxin Developments
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Upstate New York County Legislators Support National Firefighter Cancer Registry Legislators in the upstate New York county of Onondaga have voiced their support for a registry that would track cancer cases among firefighters. Supporters of a federal bill, The Firefighter Cancer Registry Act, have estimated that as many as three out of five career firefighters …
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Landlords Evicting Tenants: When Bankruptcy Interferes
December 8, 2016 | Bankruptcy | Commercial Litigation
All too often, a tenant’s failure to abide by the terms of a lease – whether commercial or residential – takes up a disproportionate amount of a landlord’s focus and efforts.  When a holdover or non-paying tenant files for bankruptcy, the landlord must overcome another obstacle if it wishes to evict the tenant – the …
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Enforcing Copyright Without Having a Registration Certificate
December 6, 2016 | Privacy, Data & Cyber Law | Professional Liability | Commercial Litigation
Nancy A. Del Pizzo’s article entitled, “Enforcing Copyright Without Having a Registration Certificate” was published in the December 5, 2016 issue of the New Jersey Law Journal. Click here to read the article in its entirety. Reprinted with permission from the December 5, 2016 issue of the New Jersey Law Journal. © 2016 ALM Media Properties, LLC. …
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International Dioxin Developments
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
City in India Continues Open Burning of Garbage, Local Newspaper Reports A city in the southern part of Punjab, India, is still burning garbage in the open, in violation of government directives to the contrary, a newspaper in India has reported. According to the report, the city of Bathinda is burning the garbage rather than …
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The Science of Dioxin
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
Researchers Claim TCDD Exposure Led to Fewer Boy Babies for Fathers A paper published in Occupational & Environmental Medicine is reporting that some men exposed to 2,3,7,8-tetrachlorodibenzo-pdioxin (“TCDD”) fathered fewer boy children than those with lower exposures. The paper, “Sex ratio of the offspring of New Zealand phenoxy herbicide producers exposed to 2,3,7,8-tetrachlorodibenzo-p-dioxin,” was authored …
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Dioxin: Regulatory Developments
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
EPA Issues ROD Regarding $11 Million Cap Remedy for Standard Chlorine Chemical Superfund Site in New Jersey The U.S. Environmental Protection Agency (“EPA”) has issued a record of decision (“ROD”) setting forth its plan to remedy contamination at the Standard Chlorine Chemical Company, Inc. (“SCCC”) Superfund site (the “SCCC Site”) in Kearny, New Jersey, along …
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Dioxin in the Courts
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
Texas Appeals Court, Affirming Decision in San Jacinto Waste Pits Case, Upholds Exclusion of General Causation Opinion and Documentary Evidence About Dioxin An appellate court in Texas, affirming a trial court’s decision in favor of International Paper Company in a lawsuit involving potential liability for dioxin contamination in the San Jacinto Waste Pits, has upheld …
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Dioxin: Regulatory Developments
September 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
EPA Proposes to Cap Kanawha River Site The U.S. Environmental Protection Agency (“EPA”) has released an engineering evaluation and cost analysis (“EE/CA”) for the Kanawha River site, in Nitro, West Virginia (the “Site”) that proposes to cap the Site. Background In March 2004, the EPA and Monsanto Company entered into an administrative order on consent …
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Dioxin Developments
September 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
Army Corps Evaluates Alternatives for Remediating San Jacinto River Waste Pits The U.S. Army Corps of Engineers has issued a new report at the request of the U.S. Environmental Protection Agency (the “EPA”) that evaluates various remediation alternatives presented in a feasibility study for the San Jacinto River Waste Pits Superfund Site (the “Site”). Background …
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International Dioxin Developments
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Boiler #1 at Durham York Energy Centre Is Approved for Restart Covanta Durham York Renewable Energy Limited, the operator of the Durham York Energy Centre (“DYEC”), has received approval to restart Boiler #1. Background The DYEC is a new, state-of-the-art $286-million solid waste-to energy incinerator in Southern Ontario near Toronto built and operated by Covanta …
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Dioxin: Regulatory Developments
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
EPA Proposes $11 Million Cleanup for Standard Chlorine Chemical Site on the Hackensack River The U.S. Environmental Protection Agency (“EPA”) has proposed a plan to clean up contamination at the Standard Chlorine Chemical Company, Inc. Superfund site in Kearny, New Jersey. Background The 25-acre site is part of the New Jersey Meadowlands and on the …
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The Science of Dioxin
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Taipei Medical University Doctor Claims Dioxin is Linked to Premature Ovarian Failure A physician from Taipei Medical University reportedly suspects that an increase in “premature ovarian failure” is due to increased exposure to environmental pollutants such as dioxin. A recent news story in The Taipei Times asserted that physicians from Taipei Medical University had found …
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Dioxin: Legislative Developments
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Members of Congress Call for Cleanup of San Jacinto Waste Pits Republican and Democratic members of the House of Representatives from Texas are calling on the Environmental Protection Agency (“EPA”) to remove all contamination from the San Jacinto Waste Pits. The EPA is close to proposing a long term remedy for the 14-acre San Jacinto …
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Dioxin Developments
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Report Cites Dioxin in Sediment at Former Boise Cascade Mill in Salem, Oregon Engineering consultants conducting a sediment investigation (“SI”) at a former paper mill in Salem, Oregon, have reported finding high levels of dioxins and furans at the site. Background Geosyntec Consultants prepared a report entitled “Willamette Slough Sediment Investigation” for the Oregon Department …
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Speaking With: Len Rivkin
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases. Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s …
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Companies with H-1B and L-1 Employees Are Subject to On-Site Audit — Are You Prepared?
August 8, 2016 | Appeals | Commercial Litigation | Corporate
When an employer sponsors an employee for an H-1B or L-1 visa, the employer agrees to comply with on-site compliance reviews.  The United States Citizenship and Immigration Services (USCIS), which conducts such on-site compliance reviews through the Fraud Detection and National Security (FDNS) directorate, will often visit an employer unannounced and will not typically reschedule …
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International Dioxin Developments
July 20, 2016 | Commercial Litigation | Complex Torts & Product Liability
One Boiler Remains Offline at Durham York Energy Centre One of two boilers at the Durham York Energy Centre (“DYEC”) remains offline following reports of high emission limits for dioxins and furans from that boiler. Results for the second boiler at the facility were below the allowable limits. Background The DYEC is a new, state-of-the-art …
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The Science of Dioxin
July 20, 2016 | Commercial Litigation | Complex Torts & Product Liability
Kentucky Researchers Say They Have Identified Potential Link Between Pollutants and Human Disease Risk Michael Petriello, a postdoctoral fellow working with researchers at the University of Kentucky Superfund Research Center (the “U.K. S.R.C.”), is reporting that he discovered a mechanism that may link exposure to environmental pollutants to increased human disease risk. Background Michael Petriello, …
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Dioxin: Legislative Developments
July 20, 2016 | Commercial Litigation | Complex Torts & Product Liability
Updated Toxic Substances Control Act Will Have Broad Impact on Chemical Manufacturers, Other Businesses, and Consumers An update to the federal law known as the Toxic Substances Control Act has been passed by Congress and signed into law by President Obama. Among other things, the new law, known as the Frank R. Lautenberg Chemical Safety …
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Dioxin Developments
July 20, 2016 | Commercial Litigation | Complex Torts & Product Liability
Study Finds Glyphosate Was Most Common Active Ingredient Used In Invasive Plant Management on Public Lands Researchers from the University of Montana working with Canadian scientists have estimated that, in the United States, half a million hectares of public wildlands were sprayed with herbicides in 2010, representing 201 tons. Background Viktoria Wagner, Pedro M. Antunes, …
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Permissible Questions to Ask about Job Applicant’s Immigration Status
July 7, 2016 | Appeals | Commercial Litigation | Corporate
The Office of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”) at the U.S. Department of Justice recently issued Technical Assistance Letter (“TAL”) regarding employer compliance with the anti-discrimination provision of the Immigration and Nationality Act (“INA”).  The OSC concluded that an employer does not violate anti-discrimination laws by 1) refusing to hire all applicants …
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Dioxin: Regulatory Developments
June 21, 2016 | Commercial Litigation | Complex Torts & Product Liability
EPA Proposal to Remove Wildwood Site from NPL Continues to Stir Community The recent proposal by the U.S. Environmental Protection Agency (“EPA”) to remove an eight acre area known as the Callahan property of the Ellisville Superfund Site located in Wildwood, Missouri, from the National Priorities List (“NPL”) continues to stir the community. Background In …
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International Dioxin Developments
June 21, 2016 | Commercial Litigation | Complex Torts & Product Liability
Decision on Proposed Waste-to-Energy Facility in Ireland Is Expected in July A decision on a proposal to develop a waste-to-energy facility in Ireland is expected in July. Background Indaver Ireland has proposed to develop a 240,000 ton waste-to-energy facility in Ringaskiddy, County Cork, Ireland, known as the Ringaskiddy Resource Recovery Center. This would be Ireland’s …
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Dioxin: State Developments
June 21, 2016 | Commercial Litigation | Complex Torts & Product Liability
Florida DEP Proposing Revisions to Surface Water Quality Criteria Florida’s Department of Environmental Protection (“DEP”) is initiating rulemaking to consider proposed revisions to the DEP’s human health-based surface water quality criteria. Some environmental groups have expressed concerns that the proposed revisions will damage the state’s rivers, lakes, streams, and coastal waters and that they are …
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The Science of Dioxin
June 21, 2016 | Commercial Litigation | Complex Torts & Product Liability
FAO and WHO Determine That Glyphosate Is Unlikely to Pose Carcinogenic Risk to Humans from Exposure through Diet The Food and Agriculture Organization of the United Nations (“FAO”) Panel of Experts on Pesticide Residues in Food and the Environment and the World Health Organization (“WHO”) Core Assessment Group on Pesticide Residues have determined that glyphosate …
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Dioxin Developments
June 21, 2016 | Commercial Litigation | Complex Torts & Product Liability
President Obama, His Vietnam Visit, and Dioxin President Obama’s historic visit to Vietnam in May at the invitation of President Tran Dai Quang was notable for many reasons, from the discussions about the Trans-Pacific Partnership trade deal to the United States’ decision to lift the arms embargo on Vietnam. It also was notable for the …
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L-1 Visa for Intracompany Transferees
June 2, 2016 | Appeals | Commercial Litigation | Corporate
An L-1 visa permits multinational companies to transfer qualifying employees from their foreign office to their United States office or to the office of its parent, branch, subsidiary, or affiliate in the United States.  L-1 visas allow multinational companies to facilitate their expansion and to help establish an office in the United States. L-1 visas …
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Dioxin in the Courts
May 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
Glyphosate Makes Quaker Oats’ “100% Natural” Claims False, Proposed Class Actions Assert Proposed consumer protection class action lawsuits filed in federal courts in New York and California against The Quaker Oats Company contend that its oatmeal products are not “100% Natural” and that its oats are not grown using “eco-friendly” methods that pose “less risk …
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International Dioxin Developments
May 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
Smoke from Landfill Fire in St. Maarten Reportedly Contained Dioxin Smoke from an April fire at the landfill in St. Maarten reportedly contained dioxin. The St. Maarten News reported that “toxic smoke” from the fire contained “dioxins,” which it characterized as “carcinogenic substances that could cause cancer.” It noted that people living downwind from the …
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The Science of Dioxin
May 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
Study Finds That Levels of PCDD, PCDF, and PCBs Generally Have Decreased Over Past Decade The levels of polychlorinated dibenzo-p-dioxin (“PCDD”) and polychlorinated dibenzofuran (“PCDF”) as well as polychlorinated biphenyl (“PCB”) in foodstuffs have decreased over the past decade in many countries, according to a paper in press with the Journal of Food and Drug …
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Dioxin Developments
May 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
Natural Resource Defense Council Scientists Are “Lying in the Weeds,” Author Says A “long-running scare campaign” against the commonly-used herbicide 2,4-D is being conducted by the Natural Resources Defense Council (“NRDC”) and other environmental groups, according to an article posted on the website of the American Council on Science and Health (“ACSH”), a national, non-profit, …
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O-1 Visa: Individuals with Extraordinary Ability or Achievement
May 2, 2016 | Appeals | Commercial Litigation | Corporate
A foreign national with extraordinary ability in the sciences, arts, education, business, or athletics can obtain an O-1 visa to enter the United States and work in their field of expertise.  Due to the annual numerical cap set by Congress on the number of workers that can obtain an H-1B visa for workers in specialty …
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