Arata E. Kaku-McGowan
Associate
Arata Kaku-McGowan is a member of the Litigation Department, as well as the Business Litigation and Dispute Resolution Practice Group. His experience includes drafting memoranda on issues such as “first aid” under OSHA regulations, and Wisconsin misrepresentation statutes and public nuisance laws. He has previous experience as a law clerk where he authored several articles and conducted a comparative analysis on Ohio police Collective Bargaining Agreements. Arata started at Foley as a summer associate.
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.
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.
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.
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.