The Nickel Report

Guarding confidential or sensitive information is a longstanding tradition that transcends daily life. From the pinky-swearing days of childhood (to prevent your parents from finding out you rode your bike beyond their imposed boundary), to the fourth down play when your team is one point down with three seconds left on the clock, to the unique, complex chemical composition of a lifesaving drug, the concept of secrecy has roots in just about everything we do. In the business world, secrets are routinely kept to protect market share, privacy of customers, technology or for any number of other legitimate business-related concerns. Indeed, disclosure of confidential information can pose a real threat to a business’s vitality.

In the wake of the April 19 ruling by Judge Morris of the US District Court of the District of Montana that required the Department of the Interior (DOI) to conduct an environmental review on its decision to lift the coal leasing moratorium, the parties disagree on the necessary remedy and the next steps. While DOI is requesting additional time to finalize its environmental review for its decision to lift the moratorium, environmental groups and states are requesting the court vacate then-Secretary Zinke’s Secretarial Order that lifted the moratorium altogether.

In this installment of our Inside Look series, Hunton partners Paul Tiao and Fred Eames discuss the challenges to businesses operating in a constantly evolving cyber threat landscape and steps some companies have taken to protect from attacks. It's important for companies operating in this space to adjust to changes to international, federal and state regulations regarding critical infrastructure and information sharing, including seeking application for a US SAFETY Act certification.

On June 24, 2019, the Equator Principles Association announced the release of the draft text of the fourth revision of the Equator Principles. Known as EP4, this document includes a number of changes intended to address perceived shortcomings regarding the manner in which the current framework is applied to different countries and to enhance the focus on issues such as climate change. These changes reflect the evolving nature of transactional diligence with respect to environment, social and governance (ESG) issues.

On Thursday, July 11, 2019, the House of Representatives approved amendments to the fiscal 2020 National Defense Authorization Act to address contamination from PFAS chemicals.

Per- and polyfluoroalkyl (PFAS) chemicals are colloquially known as “forever” chemicals due to their ability to build up and to persist over time. PFAS chemicals regulated under this bill have long been used to manufacture a wide range of products, like firefighting foam, cookware, stain repellents, apparel and food packaging and wrappers.

Twenty Democratic candidates took the stage in Miami on June 26-27, with the hopes of winning over voters in the first 2020 Democratic presidential debate. During the four-hour event, top Democratic candidates contentiously debated hot button issues, such as immigration, gun control and healthcare. When it came to the topic of climate change, however, the debate left some viewers wanting more.

Although climate change has been deemed one of the most important issues for Democratic voters ahead of the 2020 presidential election, only about 15 minutes in total between the two nights were dedicated to the issue. Given the sheer number of participants and the debate format, it was difficult for the candidates, including those with fully formulated climate change platforms, to articulate any detailed substantive policy. Nevertheless, there were still some key takeaways from the first debate’s limited discussion on climate change.