Hepler Broom, LLC

Monthly Archives: April 2020

Buyer Beware: Unsubstantiated Covid-19 Related Advertising Claims

April 30, 2020

Recent FTC Actions To Stem Virulent Schemes The COVID-19 pandemic has yielded no shortage of fraudulent schemes to fool consumers into wasting their money.  Charlatans have unleashed a flurry of unsubstantiated coronavirus treatment and prevention claims to promote dubious products and services, preying on consumers’ hopes and fears.  Last week alone, the FTC staff sent […]

The “Race of Laxity” Continues, More Reasons to Incorporate in Delaware: Enforcement of Federal Forum Selection Provisions in Corporate Charters

April 28, 2020

For many decades, Delaware has enjoyed a favored position as the first choice for incorporation.   Many U.S. companies incorporate in Delaware to benefit from its favorable tax and legal corporate environment.  And other states look to specialized Delaware courts for guidance, particularly the Delaware Court of Chancery, with its expertise and deep precedent in corporate […]

Beware of Tax Fraud Scams: Don’t Trust Inquiries on Tax Returns and Federal COVID-19 Payments

April 28, 2020

On March 23, 2020, the Department of Justice and the IRS issued important reminders to taxpayers on how scammers are using tax filings and economic impact payments from the federal government related to COVID-19.  As we previously reported, bad actors are engaging in schemes to steal personal information and money, particularly from vulnerable persons.  The […]

Supreme Court: Groundwater Discharges to Navigable Waters Require a Permit When ‘Functionally Equivalent’ to a Direct Discharge

April 23, 2020

Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. No. 18-260, Argued 1/6/2019, Decided 4/23/2020) Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through […]

Missouri Legislature Attempts to Pass Asbestos Claims Transparency Law

April 23, 2020

In 2020, the Missouri General Assembly continued its efforts toward tort reform related to asbestos trust claim transparency related to civil litigation. As explained below, S.B. 575 sought to make clear from the beginning of a lawsuit the scope and extent of asbestos trust fund (“Trust”) claims available to a plaintiff and to allow evidence […]

Understanding and Navigating Federal, Illinois and Missouri COVID-19 Environmental Enforcement Discretion Policies

April 21, 2020

The shelter-in-place orders and essential business guidelines and directives that have been issued by the federal government and the states of Illinois and Missouri have raised questions about the feasibility of compliance with environmental requirements during the COVID-19 pandemic.  As outlined below, the United States Environmental Protection Agency (“USEPA”), Illinois Environmental Protection Agency (“IEPA”) and […]

COVID-19 Resources: Antitrust, Trade Regulation, and Consumer Protection

April 21, 2020

COVID-19 has created unprecedented health, social, business, and economic challenges that demand creative and innovative solutions. In some areas the public interest would be served by collaboration among competitors to devise solutions and get needed products and services where they are most needed to fight the virus.   Antitrust and competition enforcers worldwide have seen the […]

What’s the Outlook for Insurance Producers’ Liability if Their Clients’ COVID-19 Business Interruption Claims are Denied?

April 20, 2020

Not long after governors and mayors issued orders shutting down non-essential businesses as a safeguard against the spread of COVID-19, we read countless emails and blog posts about how those entities’ business interruption coverages might apply to businesses shut down by the pandemic. Most writers conclude the ISO forms almost certainly will not indemnify the […]

Cybersecurity in the COVID-19 Pandemic—Let’s Be Careful “In” There: Resources You Can Use

April 14, 2020

The global pandemic impacts virtually every aspect of life—including our physical and financial conditions and our relationships with others—in profound ways. Since time immemorial, criminals have used uncertain and disruptive events to prey on people. But we should be safer from security intrusions while social distancing in this stay-at-home, work-from-home era, right? Wrong. Today’s online […]

COVID-19 Updates