Arata E. Kaku-McGowan

Associate

Arata Kaku-McGowan is an associate in the Commercial Litigation Practice Group, where he has helped handle complex cases ranging from antitrust and consumer class actions to FCRA cases, contract disputes, and insurance and reinsurance cases. As a secondary member of the Environmental Group, Arata also has assisted clients with a breadth of environmental issues from cradle to grave: analyzing emissions compliance issues for product development; supporting permit application for energy projects; contending against unrelenting environmental NGOs and landowners in administrative proceedings related to factories, solar and natural gas power plants, and pipeline infrastructure; defending Environmental Assessments and Environmental Impact Statements; and litigating RCRA and CERCLA issues.

April 24, 2024 Energy Current

U.S. EPA Finalizes Designation of Two PFAS Chemicals as Hazardous Substances Under CERCLA

On April 19, the U.S. Environmental Protection Agency released its long-awaited final rule designating perfluorooctanoic acid and perfluorooctanesulfonic acid, including their salts and structural isomers, as “hazardous substances” under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act.
April 23, 2024 Foley Corporate Governance Update

U.S. Supreme Court Rules That “Pure Omissions” Are Not Actionable Under Rule 10b-5

On April 12, 2024, the United States Supreme Court delivered an important decision on the issue of whether a failure to make disclosure required under Item 303 of Regulation S-K can support a Rule 10b-5 claim, even in the absence of an otherwise-misleading statement.
January 4, 2024 Health Care Law Today

Acetaminophen MDL: Judge Excludes All of Plaintiffs’ Causation Experts Pursuant to Newly-Amended FRE Rule 702

On December 1, 2023, amendments to Federal Rule of Evidence (FRE) 702 geared toward emphasizing and explaining the responsibility of the judge as a “gatekeeper” for expert testimony took effect.
December 13, 2023 Manufacturing Industry Advisor

Lying Is More Expensive than Telling the Truth — First Criminal Jury Trial of Executives Who Knowingly and Willfully Violated the Consumer Product Safety Act

On November 16, 2023, a federal jury in Los Angeles returned guilty verdicts against two corporate executives of a consumer product distributor for conspiracy to defraud the United States by obstructing the lawful functions of the Consumer Product Safety Commission.