Stoel Rives LLP

Litigation Alert: Washington Supreme Court Clears Up Ambiguity on "Holder" versus "Owner" of Secured Notes

The Washington Supreme Court, sitting en banc, affirmed in Brown v. Washington State Department of Commerce the Department of Commerce’s denial of a mediation request under the Foreclosure Fairness Act (FFA) made by a borrower…more

Banks, Exemptions, Foreclosure, Mediation, Promissory Notes

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IRS Extends ACA Reporting Deadlines

The IRS issued key extensions to looming 2016 information reporting deadlines for applicable large employers. This relief applies only to the deadlines for reporting the coverage that employers offered in 2015..…more

Affordable Care Act, Benefit Plan Sponsors, Employer Group Health Plans, Filing Deadlines, IRS

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Utah Supreme Court "Repudiates" the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January 31,…more

General Contractors, OSHA, Workplace Safety

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The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified” Under the ADA

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence…more

ADA, Adverse Employment Action, Corporate Counsel, Discipline, Essential Functions

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Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo

On May 27, EPA and the U.S. Army Corps of Engineers jointly issued their long-expected and much-debated rule defining which waters are protected by the federal Clean Water Act (CWA). In announcing the rule, President Obama said…more

Clean Water Act, Drinking Water, EPA, Navigable Waters, U.S. House

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Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment…more

CEQA, Environmental Policies, Historic Preservation, Historical Landmarks, Substantial Evidence Standard

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Minnesota Public Utilities Commission Approves Some Changes to Community Solar Program, Declines Other Changes

The Minnesota Public Utilities Commission (MPUC) approved several major changes to Xcel Energy’s Community Solar Garden (CSG) program yesterday, while also voting to maintain other aspects of the CSG program. Mike Hughlett of…more

Community Shared Solar, Energy Projects, Public Utilities Commission, Renewable Energy, Xcel Energy

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood…more

Historic Preservation, Historical Landmarks, National Historic Preservation Act, National Park Service, Native American Issues

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Priority of Future Advances Under Idaho Deeds of Trust Now in Doubt

In Liberty Bankers Life Insurance Co. v. Witherspoon, No. 41993, 2016 WL 74987 (Idaho Jan. 6, 2016), the Idaho Supreme Court examined a loan modification agreement in which a lender agreed to release real property from its deed…more

Deed of Trust, ID Supreme Court, Loan Modifications, Mortgage Lenders, Mortgage Priority

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Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed the…more

Clean Air Act, Corporate Counsel, Dormant Commerce Clause, Energy Sector, Exclusive Jurisdiction

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CEQA Baseline Analysis: Future Conditions Baseline Should Be The Exception Not The Rule When Agency Reviews Environmental Impacts, Says Divided California Supreme Court

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may use…more

CEQA, Environmental Assessments, Environmental Claims, Environmental Impact Report (EIR), Environmental Policies

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Northwestern University Football Players Can’t Vote for Union Representation …but it’s not over until it’s over…

Depending on your allegiance, “the Play” was one of either the most memorable or the most infamous moments in the history of college football. It happened in the final seconds of 1982’s annual “Big Game” between the Stanford…more

Collective Bargaining, College Athletes, Colleges, Employee Definition, Football

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Developments in Employee Benefits Law: Same-Sex Marriage and Title VII’s Protection for LGBT Employees

A number of recent legal changes will have a notable impact on employee benefits law both now and in the future. Some of the most significant of those changes are the U.S. Supreme Court’s same-sex marriage decision in…more

EEOC, Employee Benefits, Employer Liability Issues, Federal Aviation Administration (FAA), Obergefell v. Hodges

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Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

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Health Care Law Alert: Skagit County Fined $215,000 for HIPAA Violations

Skagit County in northwest Washington state has been fined $215,000 for violations of the HIPAA privacy, security, and breach notification rules. The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”)…more

Breach Notification Rule, Data Breach, Fines, HHS, HIPAA

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Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a…more

Amended Legislation, Biofuel, CEQA, Exemptions, Native American Issues

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CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements

In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water…more

Bureau of Reclamation, CEQA, Municipalities, Public Contracts, Water

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Construction For The California High-Speed Rail Is Chugging Right Along

The California High-Speed Rail Authority (“CHSRA”) issued a press release with the status of its construction work for the high-speed rail project (the “Project”) at seven active sites in the Central Valley. Many of the…more

Construction Project, High-Speed Rail, High-Speed Rail Authority, Infrastructure, Public Projects

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U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified sources…more

Carbon Emissions, Clean Air Act, Comment Period, Energy Sector, EPA

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ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered Species Act

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific…more

Endangered Species Act (ESA), ESA Listings, Public Comment, US Fish and Wildlife Service

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Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

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U.S. Fish and Wildlife Service Issues Proposed Changes to Eagle Permit Regulations, Opens 60-Day Comment Period

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of proposed changes to its eagle permitting regulations (Proposed Rule). Concurrent with the Proposed Rule, the Service issued a Draft…more

Bald and Golden Eagle Protection Act, Comment Period, Incidental Take Permits, NEPA, Proposed Amendments

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City of Seattle Proposes New Ordinance Regulating Employee Scheduling | World of Employment

Seattle restaurants and retail employers may soon face significant restrictions on employee scheduling. The Seattle City Council is currently considering a proposed ordinance with the potential to impact hundreds of employers…more

Local Ordinance, Proposed Regulation, Restaurant Industry, Retailers, Wage and Hour

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U.S. Fish and Wildlife Service Issues Proposed Changes to Eagle Permit Regulations, Opens 60-Day Comment Period

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of proposed changes to its eagle permitting regulations (Proposed Rule). Concurrent with the Proposed Rule, the Service issued a Draft…more

Bald and Golden Eagle Protection Act, Comment Period, Incidental Take Permits, NEPA, Proposed Amendments

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NARUC Accepting Comments on Draft Distributed Energy Resources Manual that Seeks to Guide Regulators Through Tricky Territory

The National Association of Regulatory Utility Commissioners (NARUC) recently issued a draft manual on distributed energy resources (DER) compensation to assist jurisdictions in navigating the challenges and policy…more

Electric Generation Suppliers, Utilities Sector

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No Harassment, No Problem: Idaho Court Holds Harassing Comments May Still Support Liability for Negligent Infliction of Emotional Distress

A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing…more

Harassment, Hostile Environment, Negligent Infliction of Emotional Distress, Public Schools, Sexual Harassment

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What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California…more

Air Pollution, Air Quality Standards, CEQA, Environmental Impact Report (EIR), Environmental Policies

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New California Employment Laws for 2016

Now that the calendar has turned to 2016, this is a good time for employers in California to ensure that they are up to speed on the new laws that took effect on January 1.  Here are some of the highlights…more

E-Verify, Gender Equity, PAGA, Paid Leave, Wage and Hour

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Corporate Law Alert: Launch of New Oregon Benefit Company Law Produces Record Signups

On January 1, Oregon launched its new benefit company law, becoming the 20th U.S. state to allow the formation of such entities. The launch produced a record-setting response, with 29 registrants signing up for benefit company…more

B Corporation, Benefit Corporations, Choice of Entity, Corporate Social Responsibility, Social Entrepreneurship

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NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s Ninth…more

Antitrust Provisions, Athletes, College Athletes, Colleges, Merchandising Rights

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The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified” Under the ADA

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence…more

ADA, Adverse Employment Action, Corporate Counsel, Discipline, Essential Functions

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Utah Passes Bill Regulating Non-Competes

After heated debate between legislators and among the business community, the Utah state legislature has passed HB 251, the Post-Employment Restrictions Act. As passed, the Act prohibits “post-employment restrictive covenants”…more

Corporate Counsel, Former Employee, Hiring & Firing, New Legislation, Non-Compete Agreements

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Applying for California Minority-Owned Business Entity Certification: Process & Benefits

We were pleased to announce this week that client Southern Ute Alternative Energy, LLC received certification as a Minority-owned Business Entity (MBE) from the California Supplier Clearinghouse.  Southern Ute Alternative…more

Certifications, CPUC, Energy Sector, Investor-Owned Utilities, Minority-Owned Businesses

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Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg…more

Anti-Dumping Duty, China, Countervailing Duties, Solar Energy, Trade Agreements

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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NARUC Accepting Comments on Draft Distributed Energy Resources Manual that Seeks to Guide Regulators Through Tricky Territory

The National Association of Regulatory Utility Commissioners (NARUC) recently issued a draft manual on distributed energy resources (DER) compensation to assist jurisdictions in navigating the challenges and policy…more

Electric Generation Suppliers, Utilities Sector

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California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth…more

Audio Recording, Data Collection, Drones, Photographs, Privacy Concerns

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OSHA Law Alert: Oregon OSHA Issues Proposed Silica Rule

In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for crystalline silica, Oregon OSHA has proposed revisions to its own silica standards. Oregon OSHA’s rule largely…more

OSHA, Proposed Regulation, Public Hearing, Rulemaking Process, Silica

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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Environmental Law Alert: Oregon HB 3086 Allows Consideration of Off-Site Mitigation for Sage Grouse Habitat

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW's…more

Critical Habitat, Endangered Species, Environmental Policies, State Department of Fish and Wildlife

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U.S. EPA Proposes New Rules to Curb Methane Emissions from Oil and Gas Sector

On August 18, 2015, the U.S. Environmental Protection Agency released proposed regulations aimed at cutting greenhouse gas emissions and volatile organic compounds (VOCs) from oil and gas facilities. These first-ever proposed…more

Clean Air Act, Climate Action Plan, EPA, Greenhouse Gas Emissions, Methane

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Deadline Extension For California’s Industrial Storm Water Permit

The new California Industrial General Storm Water Permit (IGP) is scheduled to take effect on July 1, 2015. That date was also the deadline for facilities already operating under the previous 1997 IGP to submit any updates to…more

Compliance, Industrial Storm Water Permit, No Exposure Certification (NEC), Storm Water, Stormwater Multi-Application Reporting & Tracking System (SMARTS)

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New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered…more

Amended Regulation, Critical Habitat, Endangered Species Act (ESA), National Marine Fisheries Service, US Fish and Wildlife Service

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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Oregon Enacts State-Wide Paid Employee Sick Leave Which (Mostly) Replaces Local Ordinances in Portland and Eugene

Governor Kate Brown signed into law the new Oregon Paid Sick Leave (“OPSL”) law enacted by the Legislature on June 12. The new law becomes effective January 1, 2016. Oregon is the fourth state to enact a state-wide paid sick…more

Employee Rights, Local Ordinance, New Regulations, Paid Leave, Preemption

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USPTO Joins Cancer Moonshot Effort, Expedites Immunotherapy Patent Applications

On January 12, 2016, President Obama announced a "National Cancer Moonshot" in his State of the Union Address. The Moonshot aims to achieve ten years of progress in cancer research within the next five years. The U.S. Patent and…more

Cancer, Fast Track Process, National Cancer Moonshot, Patent Applications, USPTO Pilot Program

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Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, FDA, Food Labeling, Nutrition Facts Labels

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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14 Things You Should Know About the New 2016 Surveying Standards

Effective Tuesday, February 23, 2016, the ALTA/NSPS group has adopted changes to the listing of items to be included in a standard survey (what used to be called an “ALTA/ACSM” survey). The ALTA/NSPS survey standards are the…more

ALTA, Real Estate Transfers, Title Insurance

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IRS Extends ACA Reporting Deadlines

The IRS issued key extensions to looming 2016 information reporting deadlines for applicable large employers. This relief applies only to the deadlines for reporting the coverage that employers offered in 2015..…more

Affordable Care Act, Benefit Plan Sponsors, Employer Group Health Plans, Filing Deadlines, IRS

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OSHA Law Update: Potential Changes to OSHA's Process Safety Management Standard

Last year, President Obama issued Executive Order 13650 which requires the Occupational Safety and Health Administration (“OSHA”) to publish a Request for Information (“RFI”) to identify issues related to modernizing the Process…more

Oil & Gas, OSHA, Request For Information, Workplace Safety

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Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations" Subject to Judicial Review

Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can…more

Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers, Judicial Review

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OSHA Law Alert: Oregon OSHA Issues Proposed Silica Rule

In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for crystalline silica, Oregon OSHA has proposed revisions to its own silica standards. Oregon OSHA’s rule largely…more

OSHA, Proposed Regulation, Public Hearing, Rulemaking Process, Silica

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NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &…more

Bargaining Units, Consent, Joint Employers, NLRB, Staffing Agencies

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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United States Supreme Court Once Again Rejects California’s Attempt To Void Class Arbitration Waivers

In DIRECTV, Inc. v. Imburgia, a decision released this week, the United States Supreme Court rejected the California Court of Appeal’s interpretation of a binding arbitration provision that would have rendered unenforceable a…more

Class Action, Class Action Arbitration Waivers, DirecTV v Imburgia, Federal Arbitration Act, Preemption

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Patent Law Alert: U.S. Supreme Court Raises the Bar for Patent Owners in Induced Infringement Claims

In a recent decision likely to significantly impact patent holders reliant on method-type claims, the U.S. Supreme Court unanimously ruled in Limelight Networks, Inc. v. Akamai Technologies, Inc. that induced infringement…more

Akamai Technologies, En Banc Review, Induced Infringement, Limelight Networks, Miniauction

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Court Rules That Telecommuting May Be a Reasonable Accommodation Under the ADA

The Sixth Circuit recently held in EEOC v. Ford Motor Co. that regular attendance may not mean physical presence in the workplace, and that telecommuting may be a reasonable accommodation for some employees with disabilities…more

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Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

June 5, 2015 marked the deadline for lawmakers to pass bills out of their house to the opposite house. Bills that did not pass in their house of origin by that date have effectively died (unless such bill has been identified as…more

California Air Resources Board, Energy Sector, Global Warming, Mining, Oil & Gas

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The Other Shoe Just Dropped on Methane Emissions from the Oil and Gas Industry

Not to be outdone by its federal counter-parts, the California Air Resources Board (“ARB”) released Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“proposed rule”) for methane emissions on Tuesday,…more

Bureau of Land Management, CARB, Comment Period, EPA, Greenhouse Gas Emissions

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Energy Tax Alert: Congress Extends Biofuel Incentives

Congress this week passed the Tax Increase Prevention Act of 2014, which extends a number of expired or expiring tax provisions through the end of 2014. The President is expected to sign the Act soon. The Act extends a number of…more

Biofuel, Energy Projects, Energy Sector, Oil & Gas, Tax Extenders

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Minnesota Brownfields Soil Reuse Study Identifies Significant Cost-Saving and Carbon Reduction Opportunities

Stoel Rives environmental analyst Steve Heurung was among the co-authors of a Minnesota Brownfields report commissioned by Hennepin County to evaluate the potential for cost savings associated with the off-site reuse of soil at…more

Brownfield Properties, Carbon Emissions, Information Reports, Pollution Control

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2013 Minnesota Labor and Employment Update

Minnesota employers, take note: laws that impact you are changing this year. Not only did the Minnesota legislature recently expand the use of employee sick leave (as we blogged about here) and legalize same-sex marriage, but…more

Criminal Background Checks, Good Faith, Marriage, New Legislation, Same-Sex Marriage

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Energy Storage Alert: California Public Utilities Commission Approves Utility Energy Storage Procurement Plans

At its business meeting yesterday, the California Public Utilities Commission (“Commission”) unanimously approved procurement plans for Southern California Edison, San Diego Gas and Electric and Pacific Gas and Electric to…more

CPUC, Electricity, Grid Energy Storage, Public Procurement Policies, San Diego Gas & Electric

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EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be…more

EU, EU-US Privacy Shield, International Data Transfers, US-EU Safe Harbor Framework

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Under Scrutiny from All Sides, Brown Taps Ph.D. in Geology to Lead the DOGGR: What This Means for the Industry and SB 4's Rollout

At last, the new Supervisor of the California Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) has been announced. Steven Bohlen, currently Program Director at the Lawrence Livermore National…more

DOGGR, Energy, Energy Policy, Geothermal Energy, Oil & Gas

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Corporate Law Alert: Launch of New Oregon Benefit Company Law Produces Record Signups

On January 1, Oregon launched its new benefit company law, becoming the 20th U.S. state to allow the formation of such entities. The launch produced a record-setting response, with 29 registrants signing up for benefit company…more

B Corporation, Benefit Corporations, Choice of Entity, Corporate Social Responsibility, Social Entrepreneurship

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USPTO Joins Cancer Moonshot Effort, Expedites Immunotherapy Patent Applications

On January 12, 2016, President Obama announced a "National Cancer Moonshot" in his State of the Union Address. The Moonshot aims to achieve ten years of progress in cancer research within the next five years. The U.S. Patent and…more

Cancer, Fast Track Process, National Cancer Moonshot, Patent Applications, USPTO Pilot Program

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A Plea to Interactive Websites: Check Your Copyright Agent Designations or Prepare to Face Liability for Your Users' Content

On June 30, 2015, a New York court provided a good excuse for anyone with an interactive website to double-check that its copyright agent designations with the U.S. Copyright Office are complete and accurate. Don’t know what…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Energy Tax Law Alert: IRS Expands Safe Harbor for Transfers of Property to Transmission Providers

The IRS on June 10 issued Notice 2016-36, which expands a safe harbor allowing certain transfers of property to regulated public utilities to be treated as nontaxable contributions of capital to a corporation, rather than as…more

IRS, Public Utility, Real Estate Transfers, Renewable Energy, Safe Harbors

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New Report Ranks Power Utilities by Renewable Energy, Energy Efficiency Performance

In a first-of-its-kind report announced this morning, Ceres and Clean Edge ranked the nation's largest electric utilities and local subsidiaries on their renewable energy sales and energy efficiency savings. The report focused…more

Clean Energy, Electricity, Energy Efficiency, Energy Market, Renewable Energy

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U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

Clean Power Plan, Energy Sector, EPA, Order to Stay, SCOTUS

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City of Seattle Proposes New Ordinance Regulating Employee Scheduling | World of Employment

Seattle restaurants and retail employers may soon face significant restrictions on employee scheduling. The Seattle City Council is currently considering a proposed ordinance with the potential to impact hundreds of employers…more

Local Ordinance, Proposed Regulation, Restaurant Industry, Retailers, Wage and Hour

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California Proposes Emergency Regulation to Ease the Prop 65 Warning Burden on Canned and Bottled Food and Beverage Products

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) added Bisphenol A (“BPA”) to the Proposition 65 (“Prop 65”) list as a chemical known to cause reproductive toxicity, on May 11, 2015. Prop 65 provides…more

BPA, Manufacturers, OEHHA, Proposition 65, Warning Labels

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In Case You Missed It - Interesting Items for Corporate Counsel - June 2016

The SEC adopted a rule required by the FAST Act, here, that, we guess, confirms that an Annual Report on Form 10-K may include a summary. The SEC prescribes no rules about where a summary might appear or what it may look like,…more

C&DIs, Corporate Counsel, Federal Jurisdiction, Fixing America’s Surface Transportation Act (FAST Act), Form 10-K

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Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish…more

Department of Natural Resources, Mining, Proposed Regulation, Public Comment, Public Land

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Owners: Have You Protected Your Project Design?

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s…more

Architects, Construction Project, Contract Disputes, Contract Drafting, Contract Negotiations

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Labor & Employment Law Alert: New NLRB Rulings and What They Mean for Your Business

This will bring you up to date on the new NLRB rule on union elections and the NLRB’s new email decision – both issued in December – and what they mean for your business…more

Ambush Election Rules, Chamber of Commerce, Email, Email Policies, Employer Liability Issues

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Washington Supreme Court Limits Attorney-Client Communications with Employed Health Care Practitioners

Last week's decision by the Washington Supreme Court in Youngs v. PeaceHealth has significant implications for health care providers that employ physicians (or other health care practitioners) and the attorneys who represent…more

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Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS…more

Best Practices, Brand, CAFC, Corporate Counsel, Intent-to-Use

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Priority of Future Advances Under Idaho Deeds of Trust Now in Doubt

In Liberty Bankers Life Insurance Co. v. Witherspoon, No. 41993, 2016 WL 74987 (Idaho Jan. 6, 2016), the Idaho Supreme Court examined a loan modification agreement in which a lender agreed to release real property from its deed…more

Deed of Trust, ID Supreme Court, Loan Modifications, Mortgage Lenders, Mortgage Priority

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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Proposed Regulations Address REIT Investments in Solar Facilities

The Internal Revenue Service and the U.S. Department of the Treasury recently issued proposed regulations that may facilitate using real estate investment trusts (REITs) as vehicles for financing certain renewable energy…more

Funding, REIT, Renewable Energy, Solar Energy, Solar Panels

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Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure their…more

Commodities, Department of Revenue, Electricity, Energy Sector, Income Taxes

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NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &…more

Bargaining Units, Consent, Joint Employers, NLRB, Staffing Agencies

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Effects of Brexit on Intellectual Property Rights

The recent “Brexit” referendum in which a majority of United Kingdom voters elected to leave the European Union has caused significant political and economic turmoil. It also raises questions about how EU designations for…more

EU, European Union Trade Mark (EUTM), IP License, Patent Cooperation Treaty, UK Brexit

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U.S. Supreme Court Declines to Hear Dispute over California Low Carbon Fuel Standard

Today, the U.S. Supreme Court denied petition for review in Rocky Mountain Farmers Union v. Corey. In Rocky Mountain Farmers, the Ninth Circuit addressed the constitutionality of California’s Low Carbon Fuel Standard (LCFS),…more

Carbon Emissions, Dormant Commerce Clause, Fuel Standards, Oil & Gas, SCOTUS

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New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental review…more

Highway Act, Infrastructure, NEPA

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Energy Tax Law Alert: IRS Updates "Beginning of Construction" Guidance

The IRS today issued Notice 2015-25, updating its prior guidance in Notices 2013-29, 2013-60, and 2014-46, regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the…more

Construction Industry, Construction Project, Contractors, Internal Revenue Code (IRC), Investment Tax Credits

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Portland, Oregon’s More Restrictive “Ban the Box” Ordinance

Portland, Oregon’s new “ban the box” ordinance went into effect on July 1, 2016. We blogged about Oregon’s statewide “ban the box” law here. Portland’s new ordinance is more restrictive and prohibits covered employers from…more

Ban the Box, Conditional Job Offers, Covered Entities, Criminal Background Checks, Hiring & Firing

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

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Tax Law Alert: The 2nd Special Session of the 2013 Washington Legislature Adjourned on June 29

The 2nd Special Session of the 2013 Legislature adjourned sine die on June 29, 2013. The accomplishment of this session was passage of a state budget, which had eluded state legislators through the Regular Session that ended…more

B&O Tax, Deficit Reduction, New Legislation, Revenue, State Budgets

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Solar Installer Alert: ITA Delays Trade Case Decision on Chinese Solar Modules | ITC's U.S. Solar Industry Injury Investigation Enters Final Phase

The U.S. International Trade Administration (ITA) has postponed its countervailing duty determination by about two months, leaving the solar industry hanging for a while longer…more

Anti-Dumping Duty, China, Countervailing Duties, ITA, Renewable Energy

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Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure their…more

Commodities, Department of Revenue, Electricity, Energy Sector, Income Taxes

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Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse…more

Coal-Fired Generation, Pending Legislation, Renewable Energy Incentives, Renewable Portfolio Standards, Utilities Sector

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Congress Repeals Crude Oil Export Ban, a Legacy of 1970s Oil Embargo

Before leaving Washington, D.C. for the holidays, President Obama signed H.R. 2029 (Consolidated Appropriations Act, 2016), which repealed the ban on U.S. exports of crude oil. The repeal occurred just few days before today’s…more

Barack Obama, Crude Oil, Embargo, Exports, Sanctions

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Oregon legislators pass historic renewable energy bill, with 50% RPS and coal-fired electricity phaseout

Oregon legislators passed Senate Bill (SB) 1547 into law yesterday, creating aggressive timetables for eliminating coal-fired electricity from the State and setting a 50% Renewable Portfolio Standard (RPS) by 2040. A diverse…more

Coal-Fired Generation, Pending Legislation, Renewable Energy Incentives, Renewable Portfolio Standards, Utilities Sector

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Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA…more

Condominium Rules, Condominiums, Disclosure Requirements, ILSA, Registration

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U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified sources…more

Carbon Emissions, Clean Air Act, Comment Period, Energy Sector, EPA

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ESA Law Update: U.S. Fish and Wildlife Service and NMFS Extend Comment Period on Critical Habitat Regulations

On June 20, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“Services”), the two federal agencies responsible for administering the Endangered Species Act (“ESA”), have announced that they will…more

Critical Habitat, Endangered Species Act (ESA), Environmental Policies, National Marine Fisheries Service, Proposed Regulation

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Washington Supreme Court Establishes Important Energy Siting Precedent

We’re very pleased to report on a significant energy siting victory achieved by our client SDS Lumber Co. and its subsidiary, Whistling Ridge Energy LLC, at the Washington Supreme Court yesterday. We believe the decision sets an…more

Permits, Wind Power

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California Employers Must Carefully Reconsider Whether Employees Can Be Provided With “Suitable Seats” In Light of New Decision

A recent California Supreme Court decision has the potential to affect all California employees who are required to stand while performing parts of their job. In response to numerous lawsuits brought by cashiers, retail…more

CA Supreme Court, CVS, Employer Liability Issues, PAGA, Suitable Seats Lawsuits

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Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the…more

CFIUS, China, Divestiture, Foreign Investment, Manufacturers

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CMS Issues Final 60-Day Overpayment Rules

On February 12, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized highly anticipated rules clarifying the obligations of Medicare Parts A and B providers and suppliers to report and return overpayments…more

Affordable Care Act, CMS, Medicare Part A, Medicare Part B, Overpayment Recovery Time Limits

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Does California Bear A Water “Windfall” From Deep-Aquifer Sources?

Stanford University released a study this week stating that California has three times more useable groundwater located in deep aquifers than previously estimated. This might come as welcome news to a state that continues to…more

Desalination, Drinking Water, Drought, Groundwater, SGMA

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Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The…more

Center for Biological Diversity, CEQA, DOGGR, EarthJustice, Emergency Management Plans

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Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, FDA, Food Labeling, Nutrition Facts Labels

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Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish…more

Department of Natural Resources, Mining, Proposed Regulation, Public Comment, Public Land

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Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed the…more

Clean Air Act, Corporate Counsel, Dormant Commerce Clause, Energy Sector, Exclusive Jurisdiction

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Implications for Industry of Oregon DEQ's Final Nuisance Odor Strategy

For regulated companies and Associated Oregon Industry members, the publication of the Oregon Department of Environmental Quality's (DEQ) final nuisance odor strategy this past August brought mixed blessings. Among the…more

Environmental Policies, Nuisance

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New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered…more

Amended Regulation, Critical Habitat, Endangered Species Act (ESA), National Marine Fisheries Service, US Fish and Wildlife Service

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Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The…more

Center for Biological Diversity, CEQA, DOGGR, EarthJustice, Emergency Management Plans

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Health Care Alert: ACA Health Insurance Subsidies Called into Question by DC Circuit

Yesterday, a divided three judge panel of the United States Court of Appeals for the DC Circuit struck down the IRS regulation allowing federal premium subsidies for individuals buying health insurance at Exchanges/Marketplaces…more

Affordable Care Act, Chevron Deference, Employer Mandates, Health Insurance, Health Insurance Exchanges

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California CPUC Votes to Retain Net Metering, With Modifications

The California Public Utilities Commission yesterday adopted – by a 3-2 vote – a proposed decision revising the net energy metering (NEM) tariff for customers of the state’s three largest utilities who install renewable…more

CPUC, Net Metering, PG&E, San Diego Gas & Electric, Southern California Edison

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Energy Law Alert: California Cap and Trade Auctions Upheld as Constitutional

The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap and trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v…more

Cap-and-Trade, Carbon Emissions, Climate Change, Energy, Energy Policy

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Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands Rights-of-Way Regulations

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications benefiting…more

BIA, Taxation, Tribal Lands

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OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs. The new rules are available for review here, but here’s what you need to know..…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health…more

Best Management Practices, Civil Monetary Penalty, Drug Testing, New Regulations, OSHA

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Crowdfunding: A Potential Cash Source for Business That Could Make a Well-Intentioned Company's Financial State Worse

“Crowdfunding”: In broad terms, it’s a decade-old means to an end for those with bright ideas and dim financials who hope to bring an inspired cause to market. As established as the practice is, with the more recent explosion of…more

Capital Formation, Corporate Counsel, Crowdfunding, Entrepreneurs, FTC

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ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered Species Act

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific…more

Endangered Species Act (ESA), ESA Listings, Public Comment, US Fish and Wildlife Service

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Economic Development Law Alert: Idaho Targets Job Creation With New Refundable State Income Tax Credit for Business

Job creation efforts in Idaho received a boost earlier this month, when a new refundable state income tax credit for new or existing businesses went into effect. The Idaho Reimbursement Incentive Act creates a tax credit that is…more

Full-Time Employees, Job Creation, Prevailing Wages, State Taxes, Tax Incentives

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Seattle's $15 Minimum Wage Ordinance Becomes Law

Seattle's Minimum Wage Ordinance becomes law on April 1, 2015, raising the minimum hourly wage for Seattle's lowest paid workers. On March 30, 2015 the City's new Office of Labor Standards released the final regulations under…more

Local Ordinance, Minimum Wage, New Regulations, Wage and Hour

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Energy Tax Law Alert: IRS Expands Safe Harbor for Transfers of Property to Transmission Providers

The IRS on June 10 issued Notice 2016-36, which expands a safe harbor allowing certain transfers of property to regulated public utilities to be treated as nontaxable contributions of capital to a corporation, rather than as…more

IRS, Public Utility, Real Estate Transfers, Renewable Energy, Safe Harbors

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HR Urban Legends

Walt Disney had himself cryogenically frozen. Alligators are alive and well in the NYC sewer system. You’ll die if you eat a whole bag of Pop Rocks and polish it off with a can of Coke. 2016 was the weirdest primary election…more

Human Resources Professionals, Medical Leave, Protected Concerted Activity, Reasonable Accommodation, White-Collar Exemptions

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MISO Proposes Interconnection Queue Reform To Address Continuing Delays

Midcontinent Independent System Operator (MISO) is proposing another round of interconnection queue reform. On December 31, 2015, MISO filed proposed revisions to its Open Access Transmission, Energy and Operating Reserve…more

FERC, Interconnections, MISO, Renewable Energy, Tariffs

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Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. …more

Bureau of Land Management, Final Rules, Fracking, Oil & Gas, Preliminary Injunctions

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What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland…more

Arbitration Awards, Athletes, Collective Bargaining Agreements (CBA), Deflategate, New England Patriots

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Litigation Alert: Washington Supreme Court Clears Up Ambiguity on "Holder" versus "Owner" of Secured Notes

The Washington Supreme Court, sitting en banc, affirmed in Brown v. Washington State Department of Commerce the Department of Commerce’s denial of a mediation request under the Foreclosure Fairness Act (FFA) made by a borrower…more

Banks, Exemptions, Foreclosure, Mediation, Promissory Notes

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California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth…more

Audio Recording, Data Collection, Drones, Photographs, Privacy Concerns

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle…more

Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings, US Fish and Wildlife Service

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Construction Law Alert: New Amendment to Washington's Contractor Registration Act

Construction and Design Additionally, “contractor” was defined in the statute to include those who offer “to sell their property without occupying or using the structures, projects, developments, or improvements for more than…more

Construction Industry, Contractors, Prime Contractor, Real Estate Development, Registration Requirement

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Portland, Oregon’s More Restrictive “Ban the Box” Ordinance

Portland, Oregon’s new “ban the box” ordinance went into effect on July 1, 2016. We blogged about Oregon’s statewide “ban the box” law here. Portland’s new ordinance is more restrictive and prohibits covered employers from…more

Ban the Box, Conditional Job Offers, Covered Entities, Criminal Background Checks, Hiring & Firing

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Tax Law Alert: The 2nd Special Session of the 2013 Washington Legislature Adjourned on June 29

The 2nd Special Session of the 2013 Legislature adjourned sine die on June 29, 2013. The accomplishment of this session was passage of a state budget, which had eluded state legislators through the Regular Session that ended…more

B&O Tax, Deficit Reduction, New Legislation, Revenue, State Budgets

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2016 Oregon Legislative Update: What You Might Have Missed

Oregon’s new minimum wage law, signed by Governor Brown on March 2, 2016, received a lot of press during the 2016 legislative session. This new law establishes a tiered system for determination of the minimum wage based on the…more

Governor Brown, Minimum Wage, Payroll Records, Whistleblower Protection Policies

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Water Quality Law Alert: CA State Water Control Board Opens Public Comment on "Final Draft" of Long-Anticipated Industrial Storm Water General Permit

As previously reported by my colleague Melissa Foster, on July 19, 2013, the State Water Board published the "Final Draft" of the NPDES Industrial Storm Water General Permit, which is intended to replace the previous version of…more

Clean Water Act, Industrial Discharges, Industrial Stormwater Rule, Permits, Storm Water

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Developments in Employee Benefits Law: Same-Sex Marriage and Title VII’s Protection for LGBT Employees

A number of recent legal changes will have a notable impact on employee benefits law both now and in the future. Some of the most significant of those changes are the U.S. Supreme Court’s same-sex marriage decision in…more

EEOC, Employee Benefits, Employer Liability Issues, Federal Aviation Administration (FAA), Obergefell v. Hodges

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California Supreme Court Addresses Intersection of City Right-of-Way Dedication Requirements and Project Influence in Valuing Condemned Property

Just compensation in condemnation has long been held to require payment that is fair to both the property owner having its property seized and the public taking it. Two of the rules that have developed in this pursuit of…more

Appraisal, CA Supreme Court, Condemnation, Just Compensation, Project Influence Rule

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What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much

In this week’s mid-term election on November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of marijuana. …more

Corporate Counsel, Decriminalization of Marijuana, Marijuana

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Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against Chinese CSPV Cells

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty (AD)…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Exporters

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Energy Tax Law Alert: IRS Expands Safe Harbor for Transfers of Property to Transmission Providers

The IRS on June 10 issued Notice 2016-36, which expands a safe harbor allowing certain transfers of property to regulated public utilities to be treated as nontaxable contributions of capital to a corporation, rather than as…more

IRS, Public Utility, Real Estate Transfers, Renewable Energy, Safe Harbors

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Study Suggests EPA Underestimated Natural Gas Methane Emissions, But Not for Fracking, and EPA Releases Study Examining Fracking Emissions Controls

In several recent studies on methane emissions relating to the natural gas industry, scientists concluded that the U.S. Environmental Protection Agency (EPA) underestimated the quantity of methane the industry releases to the…more

Carbon Emissions, EPA, Fracking, Methane, Natural Gas

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Tax Law Alert: Oregon's 2013 Special Legislative Session Passes Changes to Oregon Tax Law

The special legislative session called by Governor Kitzhaber adjourned on October 2, 2013, after passing a "grand bargain" primarily implementing cost and benefit reductions to Oregon's public employees retirement system (PERS),…more

Retirement, Tax Reform

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New Laws Reform California’s Surface Mining and Reclamation Act

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA). Now, before getting too excited, keep in mind that the new laws…more

CEQA, Fines, Governor Brown, Inspections, Mining

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Colorado Supreme Court Upholds Firing of Medical Marijuana User

The Colorado Supreme Court ruled today in a 6-0 decision that Colorado’s “lawful activities statute,” which provides protections to employees who engage in lawful off-duty conduct, only applies to conduct that is lawful under…more

CO Supreme Court, Coats v Dish Network, Controlled Substances Act, Dish Network, Drug Testing

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Industry Groups Push Back Against Environmental Activists in Suit Over Oil & Gas Waste Disposal Regs.

As we discussed earlier, environmental activists have asked the Environmental Protection Agency (“EPA”) to update its oil and gas drilling waste disposal rules under the Resource Conservation and Recovery Act (“RCRA”). The…more

Drilling Waste Disposal, EPA, Oil & Gas, RCRA, Regulatory Agencies

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What You Need to Know about the Proposed Revisions to Cap and Trade

Late Tuesday, the California Air Resources Board (ARB) released draft amendments to the state’s cap and trade regulation, including revisions to the current program in place through 2020, an extension of the program through…more

Cap-and-Trade, CARB, Carbon Auctions, Carbon Emissions, Comment Period

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Chile Announces New Public Land Concessions for Non-Conventional Renewable Energy Projects

On October 1, 2014, Víctor Osorio, Chile’s Minister of Natural Resources, announced that 200 public land concessions were being made available, through a cooperation agreement with the Ministry of Energy, to Non-Conventional…more

Chile, Cooperation Agreement, Energy Projects, Public Land, Renewable Energy

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Seeking Space Entrepreneurs: NOAA Launches Commercial Space Program

The National Oceanic and Atmospheric Administration (“NOAA”) has launched a new policy to leverage the private sector to diversify NOAA’s portfolio of space-based data collection resources. Our firm assists clients navigating…more

Comment Period, Data Collection, NOAA, Satellites, SpaceX

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Bill Targeting 50% RPS Introduced in California Legislature

In his inaugural address earlier this month, Governor Brown, referenced several ambitious goals he would like to see accomplished over the next 15 years, including increasing from one-third to 50 percent the amount of…more

Electricity, Energy Policy, Jerry Brown, Renewable Energy, Renewable Portfolio Standards

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Energy Tax Law Alert: IRS Rules That Payment for Intertie Constitutes Taxable Contribution in Aid of Construction

The IRS has issued a private letter ruling concluding that the reimbursement by a solar electric generator of an electric distribution company’s costs to construct an intertie is a contribution in aid of construction under…more

Electricity, IRS, Private Letter Rulings, Solar Energy

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Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood…more

Historic Preservation, Historical Landmarks, National Historic Preservation Act, National Park Service, Native American Issues

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Southern California Environmental Update #1

This is the first update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin l Valley. Let us know what you think. Your comments on this Update will be…more

California Air Resources Board, CARB, Environmental Policies, EPA, Oil & Gas

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CFIUS Issues Its 2013 Annual Report to Congress

Number of Filings by Chinese Acquirers Increased Dramatically; First Transaction Blocked by Presidential Order Since 1990 - The Committee on Foreign Investment in the United States (CFIUS), a multi-agency U.S. government…more

Acquisitions, CFIUS, China, National Security

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California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the sums…more

Attorney's Fees, Chemicals, OEHHA, Proposition 65, Public Benefits

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Seven Steps for Employers to Address the Ebola Threat (Step 1: Don’t Panic!)

The recent outbreak of the Ebola virus in West Africa, with the few isolated cases occurring in the United States, is spurring employers to review their emergency response plans for pandemic preparedness. In seven steps, this…more

ADA, Best Management Practices, CDC, Corporate Counsel, Ebola

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Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a…more

Amended Legislation, Biofuel, CEQA, Exemptions, Native American Issues

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U.S. Supreme Court Upholds FERC Demand Response Rule in Energy Story of the Year

In the biggest consumer energy story of the day, and perhaps the decade, the U.S. Supreme Court today upheld FERC’s jurisdictional authority in FERC Order 745. Read the Decision here (PDF). The so called Demand Response Rule…more

Demand Response, Energy Sector, FERC, Jurisdiction, Renewable Energy

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New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental review…more

Highway Act, Infrastructure, NEPA

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SCOTUS Increases Judges' Discretion to Enhance Damages for Willful Patent Infringement

On Monday, the U.S. Supreme Court empowered federal judges with greater discretion to award enhanced damages against a willful patent infringer. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S., June 13,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Preponderance of the Evidence, SCOTUS

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U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

Clean Power Plan, Energy Sector, EPA, Order to Stay, SCOTUS

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Yvanova v. New Century Mortgage Corp.: Perceived Victories And Defeats On All Sides

In the area of consumer lending litigation, plaintiffs’ and defense attorneys alike have waited with bated breath for the California Supreme Court to issue its decision in Yvanova v. New Century Mortgage Corp. The decision was…more

Assignments, CA Supreme Court, Deed of Trust, Mortgage Lenders, Non-Judicial Foreclosures

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U.S. Supreme Court Clarifies Patent Eligibility Standards

In a recent decision, Alice Corp. v. CLS Bank Int’l, the U.S. Supreme Court clarified the test for determining whether a patent falls within one of the exceptions to patent eligibility under Section 101 of the Patent Act. The…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be…more

EU, EU-US Privacy Shield, International Data Transfers, US-EU Safe Harbor Framework

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Contact

900 SW Fifth Ave., Suite 2600
Portland, Oregon 97204, United States

  • (503) 224-3380
  • (503) 220-2480

Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • Idaho
  • Minnesota
  • Oregon
  • Utah
  • Washington
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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