Author Info for Foster Garvey PC

Thomas Ahearne

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education…more

Administrative Remedies, Americans with Disabilities Act (ADA), Compensatory Damages, Equitable Relief, Free Appropriate Public Education (FAPE)

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Stacie Amasaki

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

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Jason Ayres

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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Bradley Berg

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Joshua Bloomgarden

From Courtside to Beauty Counters: The Bold Moves Shaping Sports and Entertainment

Welcome back to the Spotlight! Though you may have been down on your luck this Friday the 13th, I am here to do my best to help you reverse course. Even if you happened to step on a crack, walk under a ladder, break a mirror,…more

Artists, Athletes, Celebrities, Celebrity Endorsements, Endorsements

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George Bonini

Deciphering the Overhauled SEC Rules for the Private Fund Industry – What Advisers Need to Know

On August 23, 2023, the U.S. Securities and Exchange Commission (the “SEC”) by a 3-2 vote adopted final rules (the “Final Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), which modify certain…more

Disclosure Requirements, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Investors

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Emily Borich

Trademark Email Scam Alert: Did You Receive Notice of Attempt to Register Brand Name?

Have you recently received an email, phone message or letter claiming that another business or individual is attempting to register a business name that is either identical or similar to your brand? Beware, as this could be a…more

Intellectual Property Protection, Scams, Trademark Infringement, Trademark Registration, Trademarks

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Andrea Bradford

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Kate Bradley

Breaking Update: FTC's Noncompete Ban and What It Means for Washington

On Tuesday, April 23, the US Federal Trade Commission issued a final rule that would prohibit many noncompete agreements nationwide (FTC Announcement, AP News coverage). The next day, several business groups filed a lawsuit in…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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Larry Brant

A Journey Through Subchapter S / A Review of The Not So Obvious & The Many Traps That Exist For The Unwary: Part X – Converting a C Corporation to an S Corporation/Nothing Could Go Wrong or Could It?

When considering converting a C corporation to an S corporation, tax advisers and taxpayers need to pay careful attention to the many perils that exist. Failure to pay close attention to the road in this area could result in a…more

C-Corporation, Capital Gains Tax, Corporate Conversions, Corporate Taxes, Income Taxes

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Joseph Brogan

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme…more

Clean Water Act, Environmental Policies, Land Developers, Navigable Waters, Property Owners

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Michael Brunet

Washington Labor Law Change

Beginning January 1, 2023, employers must disclose the wage scale/salary range for most job postings for Washington applicants. Additionally, employers must provide a general description of all benefits and other compensation…more

Employee Benefits, Equal Pay, Hiring & Firing, Job Applicants, State Labor Laws

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R. Daniel Carter

Patent Office Raises IP Questions for Tribes

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of…more

Comment Period, Intellectual Property Protection, Public Comment, USPTO, World Intellectual Property Organisation

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Deborah Crabbe

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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Zachary Dean

Planning a Super Bowl- or Olympics-Themed Marketing Campaign? Quick Tips for Staying in Bounds and Avoiding Disqualification

Super Bowl - With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the…more

Advertising, Brand, Fair Use, Intellectual Property Protection, Logos

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Brad Deutsch

FCC’s Noncommercial FM Filing Window Opens in Early 2021 – Key Considerations for Applicants

We expect the Federal Communications Commission (FCC) will soon open an application window for permits to construct new noncommercial educational (NCE) FM stations and to make major changes in existing stations (including…more

Applications, Construction Permits, FCC, Filing Deadlines, Filing Requirements

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P. Stephen DiJulio

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within their…more

Local Ordinance, Police Power, Privileges and Immunities, Solid Waste, State and Local Government

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Jason Donovan

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within their…more

Local Ordinance, Police Power, Privileges and Immunities, Solid Waste, State and Local Government

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Greg Duff

Travel Tidbits: Breaking News and Insights from the Online Travel World

Good Sunday morning from Seattle . . . Our weekly Online Travel Update (my last for the next 3 months) for the week ending August 2, 2024, is below. Last week was a busy week in the online travel industry with second quarter…more

Booking.com, Hospitality Industry, Hotels, Online Travel Vendors, Travelers

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Joy Ellis

What Employment Law Changes Should We Expect From the Trump Administration? Ask the Magic 8 Ball

If you had asked me one month ago to predict the winner of the presidential election, I would have been wrong. Therefore, rather than make my own [ill-fated] predictions of the changes that await employers when PEOTUS takes…more

Administrative Appointments, Affordable Care Act, Audits, Department of Labor (DOL), E-Verify

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Peter Evalds

Maryland Takes a Beat on Its New Digital Advertising Tax

Last week, we reported on Maryland’s new gross receipts tax on revenues derived from digital advertising services (the “Tax”), the first of its kind in the nation. Affected taxpayers and tax practitioners alike can breathe a…more

Advertising, Broadcasting, Digital Advertising Tax, Income Taxes, New Legislation

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Brian Fink

New Direct-to-Consumer Law Permits Shipments of Distilled Spirits, Cider and Mead to New Yorkers

A new law in New York expands retail sales channels for many craft alcoholic beverage producers across the country. S.2852A/A.3132A, recently signed into law by Governor Kathy Hochul, introduces significant changes to the sale…more

Beer, Beverage Manufacturers, Breweries, Direct to Consumer Sales, Distilleries

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Aaron Frishman

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

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Emily Harris Gant

New Direct-to-Consumer Law Permits Shipments of Distilled Spirits, Cider and Mead to New Yorkers

A new law in New York expands retail sales channels for many craft alcoholic beverage producers across the country. S.2852A/A.3132A, recently signed into law by Governor Kathy Hochul, introduces significant changes to the sale…more

Beer, Beverage Manufacturers, Breweries, Direct to Consumer Sales, Distilleries

See all updates »

Francesca Garcia

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

James Garlant

Washington's Cap-and-Invest Program Creates Opportunity for Tribes to Combat Climate Change and Generate Governmental Revenues

Washington State's innovative cap-and-invest program, established by the Climate Commitment Act, presents a remarkable new opportunity for tribes to mitigate the effects of climate change and generate governmental revenues. The…more

Carbon Emissions, Climate Change, Energy Sector, Greenhouse Gas Emissions, Tribal Lands

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Richard Gluck

China Introduces a New Class of Non-Truck-Owning-Carriers to Reduce Logistics Cost and Improve Efficiency

In line with PRC’s 13th Five-Year-Plan and “Internet+” initiative, the Ministry of Transport (MOT) launched the Non-Truck-Owning-Carrier program as a one-year pilot beginning December 2016. The goal of the program is to…more

China, Federal Pilot Programs, Foreign Investment, Infrastructure Financing, Innovation

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Marc Greenough

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Claire Hawkins

ADA and Online Accessibility: Understanding Compliance for Websites

The Americans with Disabilities Act (ADA) of 1990 safeguards the rights of individuals with disabilities, ensuring they are not discriminated against in daily life. This includes prohibiting state and local governments, as well…more

Americans with Disabilities Act (ADA), Disability Discrimination, Web Content Accessibility Guidelines (WCAG), Website Accessibility, Website Owner Liability

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Emily Hazen

Washington Open Public Meetings Act Update

All changes to the Open Public Meetings Act (“OPMA”) under ESHB 1329 are now in effect. Here’s what you need to know…more

Comment Period, Meeting Minutes, New Legislation, Notice Requirements, Open Meetings Act

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Bryan Helfer

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

Maurice Heller

ADA and Online Accessibility: Understanding Compliance for Websites

The Americans with Disabilities Act (ADA) of 1990 safeguards the rights of individuals with disabilities, ensuring they are not discriminated against in daily life. This includes prohibiting state and local governments, as well…more

Americans with Disabilities Act (ADA), Disability Discrimination, Web Content Accessibility Guidelines (WCAG), Website Accessibility, Website Owner Liability

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Benjamin Hodges

Patent Office Raises IP Questions for Tribes

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of…more

Comment Period, Intellectual Property Protection, Public Comment, USPTO, World Intellectual Property Organisation

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Eryn Karpinski Hoerster

Junk Fee Prevention Act: Senators Introduce Bill to Eliminate Excessive Fees for Consumers

On March 22, 2023, Senators Richard Blumenthal (D-CT) and Sheldon Whitehouse (D-RI) introduced a bill “to limit and eliminate excessive, hidden, and unnecessary fees imposed on consumers.” In response to President Biden’s call…more

Disclosure Requirements, Excessive Fees, Federal Trade Commission (FTC), Fees, FTC Act

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Paul Hoff

Uncle Sam Is Watching: New Risks in Making Real Estate Deals With Foreigners

Beginning this month, the U.S. government can now block foreigners from taking possession of real estate anywhere in the country when it concludes the deal may threaten U.S. national security. In the past, only foreign…more

CFIUS, Covered Transactions, Cross-Border Transactions, Foreign Investment, National Security

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Hillary Hughes

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation…more

Anti-Retaliation Provisions, Employer Liability Issues, Employment Contract, Freelance Isn't Free Act (FIFA), Freelance Workers

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Erika Johnson

Is Your Super Bowl Marketing Campaign Playing by the Rules? 5 Tips to Help You Avoid Getting a Penalty

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football…more

Advertising, Intellectual Property Protection, Marketing, NFL, Super Bowl

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Matthew Kelly

Breaking Update: FTC's Noncompete Ban and What It Means for Washington

On Tuesday, April 23, the US Federal Trade Commission issued a final rule that would prohibit many noncompete agreements nationwide (FTC Announcement, AP News coverage). The next day, several business groups filed a lawsuit in…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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Daniel Keppler

Crossing the U.S. Border Is Dicey for Canadian Citizens Affiliated With Cannabis

Recreational cannabis became legal across Canada in 2018, and 33 U.S. states have legalized it at least for medical purposes (10 for recreational). Yet, there are numerous reports of the U.S. Customs and Border Patrol (CBP)…more

Canada, Cannabis Products, Criminal Prosecution, Customs and Border Protection, Decriminalization of Marijuana

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John Knab

A New Source of Government-backed Financing For U.S. Food Supply Chain Businesses

The United States Department of Agriculture (USDA) recently unveiled a new loan program for loans that are guaranteed by the USDA. These US government backed loans should encourage participating lenders to lend more funds —…more

Borrowers, Food Manufacturers, Food Supply, Government-Backed Loans, Government-Guaranteed Loans

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Tina Kyle

Unlocking Clean Energy Investments: New Elective Payment Credits for State and Local Governments

State and local governments undertaking clean energy projects may be eligible for cash payments equal to the renewable electricity production tax credit or energy investment tax credit that would have been available to a private…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Federal Taxes

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Benjamin Lambiotte

Credit Card Fraud Liability Shift is Here

Most credit and debit cards in the U.S., and the point of sale terminals and ATMs that read them, still use “magnetic stripe” technology. Magnetic stripes are obsolete and relatively insecure, allowing fraudulent practices such…more

Banks, Credit Cards, Debit Cards, EMV, Fraud

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Amy Lin

Federal Communications Commission Penalizes Marriott Vacations for Unauthorized Transfer of Private Radio Licenses

Because many hotels and resorts hold Federal Communications Commission (“FCC”) licenses for the wireless radios that employees use for daily communications on property, the next property acquisition or sale may have more…more

Acquisitions, Civil Monetary Penalty, Consent Decrees, FCC, Marriott

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Carrie Lofts

European Union's AI Act: Landmark Legislation for Artificial Intelligence

On March 13, 2024, the European Parliament approved the Artificial Intelligence (AI) Act. This law is the first-ever comprehensive legal framework on AI and will likely be a model around the world. The AI Act takes a…more

Artificial Intelligence, EU, European Commission, European Parliament, New Legislation

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Lee Marchisio

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within their…more

Local Ordinance, Police Power, Privileges and Immunities, Solid Waste, State and Local Government

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Jim McNeill

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

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Kelly Mennemeier

Supreme Court Limits International Application of the Lanham Act in Abitron Decision

In its recent decision in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court instructed that certain trademark infringement claims can only be pursued where the infringing conduct occurs domestically. The…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Sales, Intellectual Property Protection, Lanham Act

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Brian Morrison

Resource for Doing Business in the U.S. – Installment #7 – Labor & Employment

In our latest installment of our Resource for Doing Business in the U.S., we focus on key laws an investor in the U.S. needs to know when employing personnel in the U.S. These laws apply whether the personnel are transferred…more

Business Entities, Doing Business, Employee Transfers, Foreign Corporations, Foreign Workers

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Nancy Neraas

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Steven Nofziger

Corporate Transparency Act Mini-Update – The Obvious Exemptions May Not Be So Obvious

I am taking a short break between the third and fourth installment of my multi-part series on Subchapter S. Before I publish the fourth installment on that topic, my colleague Steven Nofziger and I want to alert our readers to…more

Beneficial Owner, Corporate Transparency Act, Exemptions, FinCEN, Reporting Requirements

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Eva Novick

Celebrating Data Privacy Week 2023 - Data Subject Access Requests

State and international laws provide consumers and employees (including job applicants and former employees) with certain rights, such as the right to find out what personal information a business has about the individual, the…more

Data Collection, Data Privacy, Data Subject Access Requests, Data Subjects Rights, Personal Information

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Steven Peltin

Federal Judge Blocks FTC's Nationwide Ban on Noncompete Agreements

As we previously reported, the Federal Trade Commission’s (FTC) final rule banning noncompete agreements was set to take effect on September 4, 2024. This rule would have prohibited nearly all agreements that prevent workers…more

Arbitrary and Capricious, Employment Contract, Federal Trade Commission (FTC), Final Rules, Hiring & Firing

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Leo Peng

Form I-9 Practice Alert: End of COVID-19 Flexibility for Virtual Document Reviews

Since March 2020, during the worst of the COVID-19 pandemic, the Department of Homeland Security (“DHS”) allowed temporary flexibility for the I-9 process, permitting virtual document reviews. However, DHS recently announced the…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Hiring & Firing

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Jason Powell

Deciphering the Overhauled SEC Rules for the Private Fund Industry – What Advisers Need to Know

On August 23, 2023, the U.S. Securities and Exchange Commission (the “SEC”) by a 3-2 vote adopted final rules (the “Final Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), which modify certain…more

Disclosure Requirements, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Investors

See all updates »

Melia Preedy

Washington’s LCB Clarifies Legality of Producing Delta-9 THC from Hemp-based CBD – What Cannabis Companies Need to Know

The Washington State Liquor and Cannabis Board ("LCB") issued an interpretive statement on July 22, 2021 ("Notice"), with the aim of resolving questions surrounding the legality of processors making delta-9 THC from CBD. The LCB…more

Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Hemp

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Kyle Richard

Global Tax Reform Takes a Major Step Forward as 136 Nations Sign on to OECD BEPS 2.0 Framework

On Friday October 8, 2021, the Organization for Economic Cooperation and Development (OECD) announced that 136 Nations, including the United States and the rest of the G20, have signed on to the OECD/G20 Inclusive Framework on…more

BEPS, Corporate Taxes, Digital Services Tax, G20, Multinationals

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Mark Rowley

Resource for Doing Business in the United States – Installment #9 – Real Estate

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Investors

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Tara Schleicher

Supreme Court Clarifies That Section 362(a)(3) Does Not Prohibit the Mere Retention of a Debtor’s Property

The Supreme Court has lowered (but not eliminated) the risk that a creditor violates the automatic stay by retaining a debtor’s property post-petition. On January 14, 2021, the Supreme Court ruled 8-0 (Justice Barrett…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

See all updates »

Allison Schwartzman

Upcoming Changes to EMMA User Accounts

The Municipal Securities Rulemaking Board (“MSRB”) is implementing changes to login accounts for its Electronic Municipal Market Access System (“EMMA”) that may affect issuers and other obligors making continuing disclosure…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds

See all updates »

Malcolm Seymour

What Hotels Should Prepare for When Integrating Augmented Reality Games at Their Destinations

The future has arrived, and it has a strange sense of humor. Pokémon Go — an “augmented reality” game that requires players to travel to real world locations to capture imaginary monsters through apps on their mobile devices —…more

Hotels, Millennials, Pokemon, Technology, Third-Party Risk

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Diana Shukis

Takeaways from the 4th Annual Family and Closely Held Business Summit

What It Takes to Sustain a Family Business Through Multiple Generations - On October 25, 2018, Garvey Schubert Barer convened more than 90 guests to its 4th Annual Family & Closely Held Business Summit. Produced in…more

Board of Directors, Business Ownership, Business Succession, Business Transfer Agreements, Closely Held Businesses

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Ralph Simmons

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” FDA…more

Comment Period, Commercial Speech, Draft Guidance, First Amendment, Food and Drug Administration (FDA)

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Erin Snodgrass

ADA and Online Accessibility: Understanding Compliance for Websites

The Americans with Disabilities Act (ADA) of 1990 safeguards the rights of individuals with disabilities, ensuring they are not discriminated against in daily life. This includes prohibiting state and local governments, as well…more

Americans with Disabilities Act (ADA), Disability Discrimination, Web Content Accessibility Guidelines (WCAG), Website Accessibility, Website Owner Liability

See all updates »

Robert Spitzer

New Commercial Lease Restrictions in the City of Seattle

In the last month of the most progressive Seattle City Council term in recent history, the Council passed an ordinance restricting a landlord’s right to use certain security measures for commercial leases in the City. Ordinance…more

Commercial Leases, Commercial Tenants, Landlords, Letter of Credit, Local Ordinance

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Nancy Stephens

Trademark Email Scam Alert: Did You Receive Notice of Attempt to Register Brand Name?

Have you recently received an email, phone message or letter claiming that another business or individual is attempting to register a business name that is either identical or similar to your brand? Beware, as this could be a…more

Intellectual Property Protection, Scams, Trademark Infringement, Trademark Registration, Trademarks

See all updates »

Bob Sterbank

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

William Tonkin

Unlocking Clean Energy Investments: New Elective Payment Credits for State and Local Governments

State and local governments undertaking clean energy projects may be eligible for cash payments equal to the renewable electricity production tax credit or energy investment tax credit that would have been available to a private…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Federal Taxes

See all updates »

Jared Van Kirk

Federal Judge Blocks FTC's Nationwide Ban on Noncompete Agreements

As we previously reported, the Federal Trade Commission’s (FTC) final rule banning noncompete agreements was set to take effect on September 4, 2024. This rule would have prohibited nearly all agreements that prevent workers…more

Arbitrary and Capricious, Employment Contract, Federal Trade Commission (FTC), Final Rules, Hiring & Firing

See all updates »

Chloe Thompson Villagomez

Patent Office Raises IP Questions for Tribes

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of…more

Comment Period, Intellectual Property Protection, Public Comment, USPTO, World Intellectual Property Organisation

See all updates »

Melodie Virtue

Planning a Super Bowl Marketing Campaign? 5 Quick Tips for Staying in Bounds and Avoiding Disqualification

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football…more

Advertising, Football, Intellectual Property Protection, Marketing, NFL

See all updates »

Ruth Walters

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and how…more

Hospitality Industry, Labor Code, Minimum Wage, Municipalities, Rebuttable Presumptions

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David West

Resources for Doing Business in the United States - Installment #12 - Commercial Litigation

Imagine you are focused on the latest growth trends of your business, working hard to forecast where your next sales will come from. You're thinking about what new staff you will need to support that growth. While you are…more

Arbitration, Business Disputes, Business Litigation, Dispute Resolution, Mediation

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Joseph West

OLCC Issues Winter Holiday Compliance Checklist

The Executive Director of the Oregon Liquor Control Commission is spreading good cheer this holiday season by issuing a “Winter Holiday Checklist” to all recreational marijuana licensees. The Checklist includes a list of…more

Enforcement Actions, Liquor Control Boards, Marijuana, Marijuana Related Businesses, Retailers

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Kinnon Williams

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Noah Williams

Important Changes to Washington’s Noncompete Law

A bill amending Washington’s noncompete law (RCW 49.62) goes into effect on June 6, 2024. One of the changes will require prompt review and likely revisions of existing non-solicitation agreements…more

Amended Legislation, Corporate Counsel, Employment Contract, Highly Compensated Employees, Hiring & Firing

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Adrian Urquhart Winder

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state…more

Closing Letters, Public Agencies, Public Records, Public Records Act, Statute of Limitations

See all updates »

Dan Youngblut

The Corporate Transparency Act: New Reporting and Compliance Obligations for Business Clients

As you may be aware, the Corporate Transparency Act (the “CTA”) is a new federal law that requires most U.S.-based companies, including corporations, partnerships and limited liability companies, to report information regarding…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Duty to Update, Exemptions

See all updates »

Yeli Zhou

ADA and Online Accessibility: Understanding Compliance for Websites

The Americans with Disabilities Act (ADA) of 1990 safeguards the rights of individuals with disabilities, ensuring they are not discriminated against in daily life. This includes prohibiting state and local governments, as well…more

Americans with Disabilities Act (ADA), Disability Discrimination, Web Content Accessibility Guidelines (WCAG), Website Accessibility, Website Owner Liability

See all updates »