With just one race in each chamber still pending, we know that in the 118th Congress, Republicans will control the House with a slim majority, and Democrats will hold the Senate with either 50 or 51 votes. Republicans will field new chairs for every House committee. On the Senate side, with Democrats maintaining control, there
November 2022
FCC Bans “Untrustworthy Communications Equipment” from the U.S. Market; Measure Could Have Broader Implications for All Device Manufacturers
On November 25, 2022, the FCC effectively banned certain Chinese telecom and video surveillance devices from the U.S. market – demonstrating the power of its authority over virtually all electronics equipment, which until last week’s decision had been exercised only to address technical, scientific and engineering concerns. With Congressional backing, the FCC now has established…
A Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?
If a tree falls in the forest but no one is around to hear it, did it make a sound? Philosophers disagree. If a product contains a contaminant but no one gets sick, did it cause an injury? Judges disagree.
In the 2000s, enterprising plaintiffs’ attorneys attempted to push the boundaries of existing tort law…
New Gender Pay Gap Reporting – Deadlines Loom in Ireland
Mandatory gender pay gap reporting is new to Ireland and is likely to attract media attention and potential comparisons, particularly for multinational and higher profile companies. Deciding how best to communicate the gender pay gap – if it exists – will be important in averting any particular anxieties which may arise for employees and their…
Aspirational Statements of “Sustainability” Not Actionable Under D.C. Consumer Protection Statute
As plaintiffs continue to rely on the District of Columbia Consumer Protection Procedures Act (“CPPA”) to bring greenwashing suits, a recent D.C. Superior Court decision imposes limits on their ability to allege that a company’s general commitments to “sustainability” can constitute actionable misrepresentations.…
UK Information Commissioner’s Office released a New Draft Employment Guidance for Monitoring at Work

On October 12, 2022, the UK Information Commissioner’s Office (“ICO”) opened a public consultation seeking feedback on the draft guidance document on employment practices, specifically relating to monitoring at work (the “Monitoring at Work Guidance”). The guidance aims to provide practical guidance and good practices relating to monitoring workers in accordance with data…
The Commission has revised its framework for State aid for research and development and innovation
On 19 October 2022, the European Commission (the “Commission”) adopted its new State aid Framework for research, development and innovation (the “2022 RDI aid Framework”). This instrument governs Member States’ investment in RDI activities. It is an important response to the 2020 Commission Communication on a new European Research Area for Research and Innovation (the…
US Government Proposes Rule Requiring Major Federal Contractors to Disclose Greenhouse Gas Emissions and Establish Science-Based Emissions Reduction Targets
As noted in our COP27 recap, this year’s climate summit in Sharm el-Sheik involved both the historic creation of a fund to compensate countries most impacted by climate change, as well as lost opportunities to adopt more ambitious and accelerated climate mitigation commitments. Perhaps hidden between these headlines, President Biden announced an initiative with…
COP27: A Flawed Though Still Consequential Climate Summit
The United Nations annual climate change conference—officially known as the 27th Conference of the Parties to the UN Framework Convention on Climate Change (“UNFCCC”), or COP27 for short—held in Sharm el Sheik, Egypt, finally concluded early Sunday morning. COP27 was held amidst the ongoing Russian war in Ukraine and its consequent economic turmoil, as well…
COP27: A Flawed though still Consequential Climate Summit
The United Nations annual climate change conference—officially known as the 27th Conference of the Parties to the UN Framework Convention on Climate Change (“UNFCCC”), or COP27 for short—held in Sharm el Sheik, Egypt, finally concluded early Sunday morning, more than 24 hours late.
COP27 was held amidst the ongoing Russian war in Ukraine and the…