Hunton Andrews Kurth LLP

Hunton Andrews Kurth is a global law firm serving clients in the United States, Europe, Latin America and Asia. The firm handles transactional, litigation and regulatory matters for a diverse client base, with significant experience in retail and consumer products, energy, financial services, real estate, and privacy and cybersecurity.

Virginia Super Lawyers Recognizes Reilly Moore

By Hunton Andrews Kurth LLP

May 10, 2021

HuntonAK Labor and Employment associate Reilly Moore was recognized as a Rising Star for Employment & Labor by The Washington Post Magazine and Virginia & West Virginia Super Lawyers Magazine, 2021. Super Lawyers acknowledges outstanding practice group lawyers “who have attained a high-degree of peer recognition and professional achievement.” Reilly is an Executive Committee Member for the Richmond Bar Association, Young Lawyers Section and serves as a Law School Council Liaison for the Virginia Bar…

The Nickel Report

EPA Enforcement Policies Prioritize Environmental Justice and Embrace “NextGen” Compliance Tools

By Matthew Z. Leopold, Samuel L. Brown, P. Scott Burton, Todd S. Mikolop, Gregory R. Wall & Alexandra Hamilton

May 10, 2021

The Biden Administration’s enforcement priorities began to take shape last week, as the US Environmental Protection Agency’s (EPA) enforcement arm issued a pair of memoranda encouraging the use of certain tools in civil enforcement and settlements and for prioritizing enforcement efforts in environmental justice communities. Lawrence E. Starfield, a senior career EPA official currently serving as Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA), issued both memoranda. The memos demonstrate a…

Hunton Insurance Recovery Blog

Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit

By Michael S. Levine & Joseph T. Niczky

May 6, 2021

On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021). This is the third COVID-19-related business interruption decision from Judge Amos Mazzant since March, but the first…

Hunton Employment & Labor Perspectives

California’s COVID Right-to-Recall Law Unites Patchwork of Local Ordinances

By Andrea R. Calem & Julia Y. Trankiem

May 3, 2021

On April 16, 2021, Governor Newsom approved S.B. 93, a statewide COVID right-to-recall law that faltered on its first attempt last October. In the interim, a number of counties and cities (including the Cities of Los Angeles, Oakland, San Francisco, San Diego, and Pasadena, and Los Angeles County) passed almost identical measures, which will remain in effect to the extent they are more generous than the state law.…

Hunton Employment & Labor Perspectives

NY DOL Releases Guidance on COVID-19 Vaccination Leave

By Gary Enis & Christopher M. Pardo

April 27, 2021

Last month, the State of New York passed legislation which permits New York employees up to four hours of paid leave to receive a COVID-19 vaccination. While this new legislation became effective immediately upon passing on March 12, 2021, employers were left with many questions regarding their obligations under the law. In an effort to resolve some of these questions, the New York Department of Labor issued guidance in the form of FAQs to provide…

Hunton Employment & Labor Perspectives

Biden’s Nominee to Lead OSHA May Signal Increased Enforcement Scrutiny

By Reilly C. Moore & Susan F. Wiltsie

April 21, 2021

President Joseph R. Biden on April 12 nominated current Cal/OSHA Chief Doug Parker to lead federal OSHA. If confirmed, employers should prepare for the potential that California-style enforcement may reach the federal law. President Biden has pledged to make improved working conditions a central tenet of his administration, including support for changes to federal OSHA and the National Labor Relations Act. Parker’s nomination is consistent with a trend towards increased enforcement of employers by federal…

Hunton Employment & Labor Perspectives

Legal Considerations of Employer-Provided Covid-19 Vaccine Incentives

By Savannah R. Gibbs & Amber M. Rogers

April 13, 2021

Covid-19 has left employers who want their employees back in the office in a difficult position. With the pandemic still raging, many employees are fearful of returning to the office with unvaccinated peers. In order to ease their employees’ concerns and provide a safe work environment, some employers are offering incentives to get vaccinated. Some existing vaccine incentives include gift cards, time off after receiving the second dose, pay for the time spent getting the…

The Nickel Report

Actions on Climate Change Disclosure in California and New Report Indicate Spring May Be In Like a Lion and Out Like One Too!

By Shannon S. Broome, Scott H. Kimpel, Samuel L. Brown, David C. McSweeney & Charles H. Knauss

April 7, 2021

On Monday, the State of California launched a new group out of Governor Newsom’s office – the Climate-Related Risk Disclosure Advisory Group just as CERES (Coalition for Environmentally Responsible Economies), a non-profit organization that has been a significant voice over the past decade on climate and sustainability economic issues, issued a report entitled, Turning Up the Heat, The need for urgent action by U.S. financial regulators in addressing climate risk. The California advisory group is…

Hunton Employment & Labor Perspectives

DOL and OSHA: Agency Updates

By Crawford C. LeBouef, Alan J. Marcuis & Susan F. Wiltsie

April 6, 2021

On March 22, 2021, Marty Walsh, the two-term Boston mayor, was confirmed as the Labor Secretary by the United States Senate in a 68-29 vote. He becomes the first union leader to run the Department of Labor (the “DOL”) in over four decades. Workplace safety will be one area that we can expect to undergo significant change under Walsh. Recently, the Occupational Safety and Health Administration (“OSHA”) released a new National Emphasis Program (“NEP”) that…

Hunton Insurance Recovery Blog

Factory Mutual’s “Contamination” Exclusion Is Ambiguous; May Not Limit Coverage For COVID-19 Business Interruption Loss

By Michael S. Levine

April 2, 2021

On Wednesday, a federal judge in New York denied FM’s Rule 12(c) motion for judgment on the pleadings after finding the Contamination Exclusion in the Factory Mutual policy to be ambiguous as to whether it bars coverage for business interruption losses resulting from communicable disease. The case is Thor Equities, LLC v. Factory Mutual Ins. Co., No. 20 Civ. 3380 (AT) (SDNY). This is a critical decision under the Factory Mutual policy form, which is…

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