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NY State AG Targets Private Equity for Tax Related FCA Violations

Client Alert | 1 min read | 04.20.17

On April 18, the New York Attorney General’s Office announced a $40 million settlement with a hedge fund under the state’s False Claims Act, arising out of whistleblower allegations that members of the fund’s investment manager failed to pay millions in New York State tax on performance income for several years. According to the AG, the settlement reflects “the largest tax-related recovery by the Attorney General’s office resulting from an action filed under the New York False Claims Act.” As firms evaluate their exposure to state-level FCA claims, it is worth noting that the state’s FCA was amended several years ago to cover tax claims, in a bill sponsored by the current AG.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....