Author Info for Stoel Rives LLP

Patrick Abell

What Landlords Should Know When Restaurant Tenants Go Under

As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key considerations…more

Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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Rachel Aramburu

The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman…more

Administrative Procedure Act, Chemicals, Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA)

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Emily Atmore

Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know

The recent federal court ruling striking down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has left many employers breathing a sigh of relief. However, this does not mean that non-compete agreements…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Bethany Bacci

IRS Announces HSA and HDHP Limits for 2025

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025. The updated 2025 limits are as…more

Contribution Limits, Employee Benefits, HDHP, Health Savings Accounts, Inflation Adjustments

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Jonathan Barnard

USPTO Guidance Establishes Principles for Human Inventorship of AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Guidance this week on how to evaluate patent inventorship when technology is developed using artificial intelligence (AI) systems, including generative AI. Companies developing…more

Artificial Intelligence, Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board

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Brenda Baumgart

Oregon Health Authority Suspends COVID-19 Vaccine Mandate for Health Care Workers

On May 10, 2023, the Oregon Health Authority (“OHA”) announced that, effective May 11, it is suspending the statewide rule requiring that health care workers be fully vaccinated against COVID-19 unless they have an approved…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health and Safety, Healthcare Workers, Infectious Diseases

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Jessica Bayles

Federal Energy Regulatory Commission Issues Long-Awaited Transmission Planning and Cost Allocation Final Rule

On May 13, 2024, at a special transmission reform meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920 “Building for the Future Through Electric Regional Transmission Planning and Cost…more

Electricity, Energy Sector, FERC, Notice of Proposed Rulemaking (NOPR), Power Companies

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Kevin Beaton

U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

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Adam Belzberg

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Kelly Beskin

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Shannon Bleicher

Alaska Department of Transportation and Public Facilities Proposes Regulation Changes

The Alaska Department of Transportation and Public Facilities (DOTPF) issued notice of proposed regulation amendments to Title 17 of the Alaska Administrative Code dealing with rural airport rental and fees…more

Air Carriers, Airline Passengers, Airlines, Aviation Industry, Department of Transportation (DOT)

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Susan Bock

Planning for College Kids and Young Adults

As young family members head off to school or leave home for a job, parents and other relatives may wonder how they can continue to support a child or assist with health care or other decisions. Many parents are surprised when…more

Beneficiary Designations, Estate Planning, Estate Tax, Estate-Tax Exemption, Exemptions

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Tamara Boeck

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable…more

Arbitration, Arbitration Agreements, Arbitrators, Breach of Contract, Construction Contracts

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Thomas Braun

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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J. Christopher Briggs

ERISA Litigation Update: ERISA Fiduciary Duty of Prudence: Fees and Monitoring Investment Options

Briefed - - Lawsuits targeting ERISA fiduciaries and sponsors are skyrocketing. - A recent SCOTUS decision confirmed duty of prudence requires the fiduciary to monitor plan investment options and remove imprudent…more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary

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Kersten Broms

Treasury Issues Proposed Regulations Regarding Energy Property, Prevailing Wage and Apprenticeship, the 80/20 Rule, and Interconnection Property

The U.S. Department of the Treasury (Treasury Department) recently released a notice of proposed rulemaking regarding four significant aspects of the investment tax credit (ITC) under Section 48 of the Internal Revenue Code…more

Energy Projects, Energy Sector, Energy Storage, Energy Tax Incentives, Inflation Reduction Act (IRA)

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Dean Brower

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Evan Brown

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work…more

Commercial Property Owners, Construction Contracts, Construction Industry, Construction Liens, Construction Project

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Nathan Brunette

Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Kevin Burnett

Main Street Lending Program Goes Live: Eligible Borrowers Can Apply Now, Relief for Non-Profits Is in Sight

The Federal Reserve Bank of Boston (“FRBB”) announced that the Main Street Lending Program (the “Program”) established by the Federal Reserve Board (the “Fed”) is operational as of July 6, 2020. To obtain a Program loan,…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Nonprofits, U.S. Treasury

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Michael Campbell

U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

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Andrea Carone

Idaho Supreme Court Update: Attorney’s Fees in Real Estate Litigation Under Idaho Code § 12-120(3)

On February 14, 2023, the Court released a unanimous decision in Treasure Valley Home Solutions, LLC v. Chason. This post will focus on the Court’s analysis of when a real estate transaction is a commercial transaction such that…more

Attorney's Fees, ID Supreme Court, Real Estate Professionals

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Cory Carone

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not…more

Appeals, Evidence, Evidentiary Hearings, ID Supreme Court, Law Firm Partners

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Elizabeth Clampitt

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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Matthew Cohen

U.S. Environmental Protection Agency Proposes to Rescind Risk Management Plan Regulations

The U.S. Environmental Protection Agency (“EPA”), has authority under section 112(r) of the Clean Air Act (“CAA”) to require facilities that handle hazardous chemicals to develop accident prevention and emergency response plans…more

Clean Air Act, Comment Period, Environmental Policies, Environmental Protection Agency (EPA), Obama Administration

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Aaron Courtney

U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

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Nancy Cowgill

College Kids and Young Adults – What Planning Documents Do They Need?

As young family members head off to school or for new jobs, and especially in this time of uncertainty, parents may wonder if they may suddenly be needed to assist with health care or other decisions for their child. Many…more

Documentation, Students

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Rachel Cox

Attention NSR Geeks: EPA Clarifies Applicability Approach

On December 7, 2017, EPA administrator Scott Pruitt announced an approach to New Source Review (NSR) applicability that supports presidential priorities for streamlining permit requirements: “New Source Review Preconstruction…more

Environmental Protection Agency (EPA), New Guidance, Permits, Regulatory Reform

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Barbara Craig

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden…more

Biden Administration, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

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Benjamin Criswell

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal…more

Conflicts of Interest, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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Sarah Stauffer Curtiss

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit

Policymakers have several tools for addressing the rising issue of homelessness in their communities. In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first…more

Constitutional Challenges, Eighth Amendment, Homeless Discrimination, Homeless Issues, Local Ordinance

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Zachary Davis

Strategies for Getting Difficult Contracts to the Finish Line

When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has characterized…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Corey Day

COVID-19 Update: California Breweries, Distilleries, Restaurants, and Wineries Regulatory Relief

Late yesterday, the California Department of Alcoholic Beverage Control (“ABC”) issued a wide ranging Notice of Regulatory Relief (“Notice”) dramatically increasing the options for selling alcoholic beverages in the state…more

ABC, Breweries, Coronavirus/COVID-19, Direct to Consumer Sales, Distilleries

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Saskia de Boer

4 Ways Employers Can Provide Financial Support to Employees

In the wake of the COVID-19 pandemic, many employers are searching for ways to support their employees in light of the financial hardships caused by the pandemic and the related quarantine. This alert summarizes four ways in…more

Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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Madeleine DeGeorges

FERC issues Final Rule on Improvements to Generator Interconnection Procedures and Agreements

At the July 27, 2023, Open Meeting, the Federal Energy Regulatory Commission (FERC) issued long-awaited Order No. 2023, the Final Rule on Improvements to Generator Interconnection Procedures and Agreements in Docket No…more

Electricity, Energy Sector, FERC, Power Companies, Public Utility

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Joe Delaney

Washington Real Estate Law Update: Increases and Changes to the Washington Real Estate Excise Tax

Washington currently imposes a real estate excise tax (“REET”) on the sale or transfer of real property in the state at a rate of 1.28% of the selling price. Local governments can also impose REET at the rate of 0.25% or 0.50%,…more

Excise Tax, Income Taxes, Property Ownership, Purchase Agreement, Real Estate Investments

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Adam Dittman

Stoel Rives | Deeply Rooted Podcast Episode Six: Understanding the Intersection of ESG and the Forest Sector with MaryKate Bullen, Director of Sustainability and ESG of Forest Investment Associates

In the latest installment of the Stoel Rives | Deeply Rooted Podcast, titled Understanding the Intersection of ESG and the Forest Sector, MaryKate Bullen, Director of Sustainability and ESG of Forest Investment Associates, and…more

Agricultural Sector, Board of Directors, Carbon Emissions, Climate Change, Corporate Governance

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Anne Dorshimer

How Does Washington’s Stay Home Order Affect My Business?

On March 23, 2020, Governor Jay Inslee issued an Executive Order directing all Washington residents to stay at home, with certain exceptions for “essential businesses” and limited nongroup activities. The restrictions on…more

Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Inslee

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Edward Duckers

COVID-19: Does Shelter in Place Apply to My Business?

What are these orders? California counties began issuing shelter-in-place orders early last week, and by March 19, a statewide stay-at-home order was issued. Other states and local governments followed suit, with Illinois,…more

Business Closures, Business Continuity Plans, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services

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John Dudrey

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees. Read more below for further updates…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

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Duff Bryant

New Reporting Requirements Created by the Corporate Transparency Act

This alert provides a summary of new reporting requirements created by the Corporate Transparency Act (the “CTA”) and associated implementing rules. The CTA is a federal law that requires broad categories of legal entities…more

Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes, FinCEN

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Sten Eccles-Irwin

New Reporting Requirements Created by the Corporate Transparency Act

This alert provides a summary of new reporting requirements created by the Corporate Transparency Act (the “CTA”) and associated implementing rules. The CTA is a federal law that requires broad categories of legal entities…more

Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes, FinCEN

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Nealy Evans

OLCC Is Going Digital

Oregon liquor licensees, CAMP is here! Earlier this year, the Oregon Liquor and Cannabis Commission (“OLCC”) began their phased launch of the state’s new digital Cannabis and Alcohol Management Program (CAMP) licensing system…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Digital Platforms, Liquor

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Elizabeth Ewens

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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John Fandel

COVID-19 Update: Stoel Rives Updated Guide to Washington State Eviction Moratoria and Tenant Protections - March 2021

March 11, 2021 Update - As the pandemic extends into 2021, COVID-related emergency eviction moratoria that were rolled out by a variety of jurisdictions in March of 2020 continue to be updated and refined in response to…more

Coronavirus/COVID-19, Eviction, Financial Distress, Landlords, Moratorium

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Lou Ferreira

The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court decision in Moody v. Oregon Community Credit Union

The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance…more

Denial of Benefits, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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Kassim Ferris

President Trump Issues Executive Order on Bulk-Power System Transactions

On Friday, May 1, 2020, President Trump issued an executive order (“EO”) declaring a national emergency with respect to threats to the bulk-power system posed by the unrestricted foreign supply of bulk-power system electric…more

Department of Energy (DOE), Energy Sector, Executive Orders, Trump Administration

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David Filippi

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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Susannah Fitch

OLCC Is Going Digital

Oregon liquor licensees, CAMP is here! Earlier this year, the Oregon Liquor and Cannabis Commission (“OLCC”) began their phased launch of the state’s new digital Cannabis and Alcohol Management Program (CAMP) licensing system…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Digital Platforms, Liquor

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Melissa Foster

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Wade Foster

Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority

As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape: Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the…more

Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies, Loper Bright Enterprises v Raimondo, Ohio v Environmental Protection Agency

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Eugene Frassetto

New Executive Order Directs Agencies to Employ Emergency Authority to Expedite Infrastructure and Other Civil Projects

On Thursday, June 4, 2020, President Trump signed an Executive Order (“EO”) directing federal agencies to broadly use their existing emergency authority to shorten permitting timelines for transportation infrastructure, civil…more

Coronavirus/COVID-19, Executive Orders, Infrastructure, Trump Administration

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Todd Friedman

Stoel Rives Deeply Rooted Podcast - Season 3 Episode 1: Joshua Hanson, President of Small Vineyards, on Adapting to the Ever-Changing Consumer Trends for Alcoholic Beverages

In the recent episode of the Deeply Rooted Podcast, Joshua Hanson, the President of Small Vineyards, shared his thoughts on a variety of topics with Todd Friedman. Small Vineyards, with its emphasis on quality and authenticity,…more

Beverage Manufacturers, Breweries, Distilleries, Liquor, Wine & Alcohol

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Max Fujii

OLCC Is Going Digital

Oregon liquor licensees, CAMP is here! Earlier this year, the Oregon Liquor and Cannabis Commission (“OLCC”) began their phased launch of the state’s new digital Cannabis and Alcohol Management Program (CAMP) licensing system…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Digital Platforms, Liquor

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Sean Gay

Lesser-Known Insurance Policies for Addressing Project Risks

Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further allocating…more

Commercial Insurance Policies, Construction Industry, Construction Project, General Contractors, Insurance Industry

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Andrew Gibson

New Federal Rule Banning Noncompetes May Impact Construction Industry

On April 23, the Federal Trade Commission issued Final Rule 16 CFR Part 910 RIN 3084-AB74 banning noncompete clauses nationwide. A noncompete clause or agreement is typically a binding contract that prevents a worker from…more

Construction Industry, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Beth Ginsberg

U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

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Anne Glazer

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, Food and Drug Administration (FDA), Food Labeling, Nutrition Facts Labels

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Wendy Goffe

Ideas for Planning and Caring for Your Pets upon Incapacity or Death

Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many…more

Beneficiaries, Estate Planning, Guardians, Pet Trusts, Pets

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Jacob Goldberg

Filling the Void: 2024 State Privacy Legislation

The prospects for and the effect of a comprehensive federal data privacy act remain uncertain. There are no indications that any comprehensive federal data privacy act will be considered by Congress this year, and questions and…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Nicholas Gourley

Idaho Department of Finance Issues Order Exempting Private Fund Advisers from Investment Adviser Registration

On October 19, 2020, the Idaho Department of Finance (the “Department”) issued an order (the “Order”) providing an exemption from Idaho’s investment adviser registration requirements for advisers who provide investment advice…more

Broker-Dealer, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Eric Grasberger

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months later…more

Arbitration, Arbitrators, Construction Industry, Dispute Resolution, Litigation Strategies

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Kiran Griffith

IRS Announces HSA and HDHP Limits for 2025

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025. The updated 2025 limits are as…more

Contribution Limits, Employee Benefits, HDHP, Health Savings Accounts, Inflation Adjustments

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Tina Grovier

Alaska Oil & Gas Conservation Commission Proposes Changes to Bond Regulation

The Alaska Oil and Gas Conservation Commission (“AOGCC”) is considering revisions to 20 AAC 25.025 of the Alaska Administrative Code. One revision would “allow a reduction in the requisite bond amount if an operator…more

Alaska, Energy Sector, Oil & Gas

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Brent Hamilton

Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

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Todd Hanchett

Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know

The recent federal court ruling striking down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has left many employers breathing a sigh of relief. However, this does not mean that non-compete agreements…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Gabrielle Hansen

IRS Announces HSA and HDHP Limits for 2025

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025. The updated 2025 limits are as…more

Contribution Limits, Employee Benefits, HDHP, Health Savings Accounts, Inflation Adjustments

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Isaiah Hardy

Subleasing: A Real Estate Strategy in a Post-Pandemic Economy

In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the…more

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

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Bo Harvey

LIBOR Transition Will Begin to Accelerate as 2021 Approaches

Over the course of the next several months, participants that are actively engaged in project financing will need to begin thinking about how to manage the transition away from the London interbank offer rate (LIBOR, known as…more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

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Bryan Hawkins

What Would a 32-Hour Workweek Look Like?

A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek. While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, Proposed Legislation

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Melissa Healy

Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

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Chris Heuer

City of Salem, Oregon Enacts New Payroll Tax

The Salem City Council on July 11, 2023, approved Ordinance Bill No. 12-23, which imposes a new payroll and self-employment tax to fund community safety services. The ordinance imposes tax at a rate of 0.814 percent of an…more

Employer Liability Issues, Income Taxes, Oregon, Payroll Taxes, State and Local Government

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Steven Heurung

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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Seth Hilton

CAISO Interconnection Process Enhancements Face FERC Protest

CAISO’s Interconnection Process Enhancements proposal faces protest at FERC from independent power producers, clean energy organizations, and renewable energy developers. Challengers claim that CAISO’s scoring criteria provide…more

CAISO, California, Clean Energy, Energy Market, Energy Sector

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Mary Hull

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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Steven Hull

New Reporting Requirements Created by the Corporate Transparency Act

This alert provides a summary of new reporting requirements created by the Corporate Transparency Act (the “CTA”) and associated implementing rules. The CTA is a federal law that requires broad categories of legal entities…more

Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes, FinCEN

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Mika Ito, Ph.D.

USPTO Guidance Establishes Principles for Human Inventorship of AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Guidance this week on how to evaluate patent inventorship when technology is developed using artificial intelligence (AI) systems, including generative AI. Companies developing…more

Artificial Intelligence, Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board

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Jonathan Iversen

Tax Actions by the Alaska Legislature in 2022

In my most recent column for State Tax Notes, I look at several bills that did and didn’t pass in the latest session of the Alaska State Legislature, which adjourned in May, and at what may be on the horizon…more

Alaska, Business Taxes, Corporate Taxes, Income Taxes, Legislative Agendas

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Jay Jetter

Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue

Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors are…more

Business Taxes, Construction Contracts, Construction Industry, Construction Project, General Contractors

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Jason Johns

FERC issues Final Rule on Improvements to Generator Interconnection Procedures and Agreements

At the July 27, 2023, Open Meeting, the Federal Energy Regulatory Commission (FERC) issued long-awaited Order No. 2023, the Final Rule on Improvements to Generator Interconnection Procedures and Agreements in Docket No…more

Electricity, Energy Sector, FERC, Power Companies, Public Utility

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Jennifer Johnson

FTC and DOJ Resume Granting Early Termination of the HSR Waiting Period

In the wake of COVID-19 and the mass telework directives, the Premerger Notification Office of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) instituted a temporary e-filing…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), E-Filing, Federal Trade Commission (FTC)

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Susan Johnson

OLCC Is Going Digital

Oregon liquor licensees, CAMP is here! Earlier this year, the Oregon Liquor and Cannabis Commission (“OLCC”) began their phased launch of the state’s new digital Cannabis and Alcohol Management Program (CAMP) licensing system…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Digital Platforms, Liquor

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Karin Jones

$1.65 Million “Advisory” Jury Award in Idaho Employment Case

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

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Melissa Jones

Prop 65 Changes Coming That Could Cause Headaches For Businesses

If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a chemical…more

Amended Regulation, California, Manufacturers, OEHHA, Proposition 65

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Emily Karr

Ideas for Planning and Caring for Your Pets upon Incapacity or Death

Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many…more

Beneficiaries, Estate Planning, Guardians, Pet Trusts, Pets

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Reilley Keating

Part 2 Amendments Facilitate Care Coordination Activities of Substance Use Disorder Treatment Programs

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) made substantial changes to the permitted uses and disclosures of substance use disorder (SUD) records for programs covered by 42 C.F.R…more

Health Care Providers, SAMHSA, Substance Abuse

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Veronica Keithley

U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

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Emily Kelly

Notarization No Longer Required for Commercial Leases in Washington

Effective June 6, 2024, commercial leases in Washington for a fixed term of more than one year no longer need to be notarized. Substitute Senate Bill 5840 states that “Leases do not require acknowledgment, witness, or seals...”…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, New Rules, Notarization

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Laura Kerr

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Quentin Knipe

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers…more

Commercial Leases, Contract Terms, Eviction, ID Supreme Court, Landlords

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Jeffrey Krueger

ERISA Litigation Update: ERISA Fiduciary Duty of Prudence: Fees and Monitoring Investment Options

Briefed - - Lawsuits targeting ERISA fiduciaries and sponsors are skyrocketing. - A recent SCOTUS decision confirmed duty of prudence requires the fiduciary to monitor plan investment options and remove imprudent…more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary

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Ryan Kunkel

Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know

The recent federal court ruling striking down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has left many employers breathing a sigh of relief. However, this does not mean that non-compete agreements…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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John Laney

Main Street Lending Program Goes Live: Eligible Borrowers Can Apply Now, Relief for Non-Profits Is in Sight

The Federal Reserve Bank of Boston (“FRBB”) announced that the Main Street Lending Program (the “Program”) established by the Federal Reserve Board (the “Fed”) is operational as of July 6, 2020. To obtain a Program loan,…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Nonprofits, U.S. Treasury

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Sallie Lin

New Bill Exempts Real Estate Excise Tax for Real Property Sales or Transfers for Affordable Housing

The Washington legislature recently passed a bill expanding affordable housing tax exemptions. HB 1643 was signed into law by Governor Inslee on March 30, 2022 and will exempt from the real estate excise tax a sale or transfer…more

Affordable Housing, Construction Industry, Excise Tax, Housing Developers, Real Estate Development

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Steve Lovett

Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Kirk Maag

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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Dominik Mackinnon

Solving Healthcare Staffing by Fiat: Oregon and Washington Take Different Approaches

More than three years after the COVID-19 pandemic began, many healthcare institutions continue to have difficulty fully staffing all their facilities. In response, both the Oregon and Washington legislatures enacted new laws…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Workers, Hospitals

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Xiaowan Mao

China’s Renewable Policy Shift and its Global Implications

On June 1, 2018, only two days after the completion of 12th SNEC International Photovoltaic Power Generation Conference, the world’s biggest solar conference and a central gathering of all the Chinese PV manufacturers, the…more

China, Climate Change, Energy Policy, Energy Projects, Renewable Energy

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Chad Marriott

BOEM Launches Process for Offshore Wind Leasing in Oregon

Today, Bureau of Ocean Energy Management (BOEM) Director Amanda Lefton announced a Call for Information and Nominations (Call) to assess commercial interest in potential offshore wind leasing within two areas off the Oregon…more

BOEM, Clean Energy, Energy Projects, Energy Sector, Offshore Lease

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Eric Martin

DOE Announces 7 Hydrogen Hubs Eligible for $7 Billion in Funding

On October 13, 2023, the United States Department of Energy (“DOE”) announced seven proposals from around the country selected to enter negotiations to receive funding under the DOE’s Regional Clean Hydrogen Hubs (“H2Hubs”)…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Energy Storage

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Jennifer Martin

President Trump Issues Executive Order on Bulk-Power System Transactions

On Friday, May 1, 2020, President Trump issued an executive order (“EO”) declaring a national emergency with respect to threats to the bulk-power system posed by the unrestricted foreign supply of bulk-power system electric…more

Department of Energy (DOE), Energy Sector, Executive Orders, Trump Administration

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Katherine Mathews

New Bill Exempts Real Estate Excise Tax for Real Property Sales or Transfers for Affordable Housing

The Washington legislature recently passed a bill expanding affordable housing tax exemptions. HB 1643 was signed into law by Governor Inslee on March 30, 2022 and will exempt from the real estate excise tax a sale or transfer…more

Affordable Housing, Construction Industry, Excise Tax, Housing Developers, Real Estate Development

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Joe Matteo

EPA Issues Final Rule Requiring Companies That Manufacture or Import Products Containing PFAS to Report Under TSCA

On October 11, 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to submit a one-time report containing…more

Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Joe McCarthy

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One became…more

Affordable Housing, Child Care, Common-Interest Communities, Condominiums, Homeowners Association (HOA)

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Krista McIntyre

The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman…more

Administrative Procedure Act, Chemicals, Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA)

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Lilly McKenna

California Public Utilities Commission Implements New Prevailing Wage Requirements for Large NEM Projects Seeking to Interconnect After December 31, 2023

On November 16, the California Public Utilities Commission (Commission) voted to adopt a decision resolving the remaining issues in the Net Energy Metering (NEM) proceeding. The decision, issued on November 22 as D.23-11-068,…more

California, Clean Energy, Energy Sector, Prevailing Wages, Renewable Energy

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Tim McMahan

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal…more

Conflicts of Interest, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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Alex Mertens

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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Elena Miller

Filling the Void: 2024 State Privacy Legislation

The prospects for and the effect of a comprehensive federal data privacy act remain uncertain. There are no indications that any comprehensive federal data privacy act will be considered by Congress this year, and questions and…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Michael Mills

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Claire Mitchell

OLCC Is Going Digital

Oregon liquor licensees, CAMP is here! Earlier this year, the Oregon Liquor and Cannabis Commission (“OLCC”) began their phased launch of the state’s new digital Cannabis and Alcohol Management Program (CAMP) licensing system…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Digital Platforms, Liquor

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Merissa Moeller

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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Ramona Monroe

Alaska Proposes New Surface Coal Mining Regulations

The Alaska Department of Natural Resources (DNR) has issued a notice of proposed amendments to the regulations regarding surface coal mining in Title 11 of the Alaska Administrative Code (AAC)…more

Alaska, Coal Industry, Coal Mines, Comment Period, Natural Resources

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Nathan Morales

SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In

The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Andrew Moratzka

Minnesota Court of Appeals Handles Supreme Court Remand by Deferring to MPUC’s Findings on Gas Plant Need

As a follow up to our post here, the Minnesota Court of Appeals issued a decision on August 23 affirming the MPUC’s decisions related to the Nemadji Trail Energy Center natural gas plant (NTEC) that will be constructed in…more

Appeals, Energy Sector, Environmental Impact Report (EIR), Environmental Policies, MN Supreme Court

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Jason Morgan

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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Mark Morgan

Washington to Reinstate Indoor Mask Mandate and Require Proof of Vaccination of Certain Workers

Mask Mandate - Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five. Masks will not be required for…more

Coronavirus/COVID-19, Educational Institutions, Healthcare Workers, Infectious Diseases, Masks

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Colm Nelson

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of…more

Construction Industry, Construction Project, General Contractors, Independent Contractors, Land Developers

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Brian Nese

California CCAs, including San Diego Community Power, Receive Proposed Decision for 2019 RPS Plan

On August 19, the California Public Utilities Commission (CPUC) issued a proposed decision accepting the 2019 Renewables Portfolio Standard Procurement Plans submitted by four new Community Choice Aggregators (CCAs): Butte…more

California, CPUC, Energy Sector, Renewable Energy, Solar Energy

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Lauren Neuhaus

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Thomas Newlon

U.S. Supreme Court Upholds State Court Jurisdiction for State Law Cleanup Claim but Affirms EPA Authority Over Remedial Actions at Superfund Sites

On April 20, 2020, in Atlantic Richfield v. Christian, the U.S. Supreme Court held that Montana landowners can seek damages under state law in state court for money to clean up their properties within a Superfund site. But the…more

Contaminated Properties, Environmental Protection Agency (EPA), Hazardous Substances, Superfund

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Mario Nicholas

What to Consider When Analyzing Dispute Resolution Provisions

Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute…more

Arbitration, Dispute Resolution, Dispute Resolution Clauses, Federal Jurisdiction, Foreign Jurisdictions

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Jeffrey Nielson

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers…more

Commercial Leases, Contract Terms, Eviction, ID Supreme Court, Landlords

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Brant Norquist

Main Street Lending Program Goes Live: Eligible Borrowers Can Apply Now, Relief for Non-Profits Is in Sight

The Federal Reserve Bank of Boston (“FRBB”) announced that the Main Street Lending Program (the “Program”) established by the Federal Reserve Board (the “Fed”) is operational as of July 6, 2020. To obtain a Program loan,…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Nonprofits, U.S. Treasury

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Meghan O'Brien

CAISO Interconnection Process Enhancements Face FERC Protest

CAISO’s Interconnection Process Enhancements proposal faces protest at FERC from independent power producers, clean energy organizations, and renewable energy developers. Challengers claim that CAISO’s scoring criteria provide…more

CAISO, California, Clean Energy, Energy Market, Energy Sector

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Timothy O'Connell

Solving Healthcare Staffing by Fiat: Oregon and Washington Take Different Approaches

More than three years after the COVID-19 pandemic began, many healthcare institutions continue to have difficulty fully staffing all their facilities. In response, both the Oregon and Washington legislatures enacted new laws…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Workers, Hospitals

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Karen O'Connor

Paid Leave Oregon and OFLA Update: Senate Bill 999 Will Require Use of a “Rolling Forward” Leave Year, Align the Definition of “Family Member,” and Alleviate “Leave Stacking” Concerns

Senate Bill 999, designed to align Paid Leave Oregon (PLO) with the Oregon Family Leave Act (OFLA), passed the Oregon Legislature on June 1, 2023, and is expected to be signed by Governor Kotek shortly. The bill makes the…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, New Legislation

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Karl Oles

Basic Information About the Court System

Here are some useful basics if you have a dispute that may be headed to court for resolution…more

Court Administration, Court Schedules, Judicial System, Law Firm Associates, Law Firm Partners

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Ashley Olson

Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications

In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other…more

Community Property, Departments of Commerce, Energy Projects, Green Energy, Renewable Energy

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Wendy Olson

Antitrust Scrutiny of Health Care Markets Ready to Escalate – Are You Ready?

The Antitrust Division of the U.S. Department of Justice has intensified its scrutiny of health care markets by establishing a dedicated task force: the Task Force on Health Care Monopolies and Collusion…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Kris Ormseth

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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Jenny Palmer

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Brian Park

Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Melan Patel

FERC Proposes Broad Reforms to Interconnection Process

At its June 16, 2022, open meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of proposed rulemaking (NOPR), Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶…more

Electricity, Energy Market, Energy Reform, Energy Sector, Energy Storage

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John Pavolotsky

Just Around the Corner: The Utah Consumer Privacy Act ("UCPA")

2023 has seen a flurry of general state privacy laws, with twelve (12) such laws now on the books. The next one to “go live,” on December 31, 2023, is the Utah Consumer Privacy Act (UCPA). With no general federal privacy law…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Kevin Pearson

Treasury Provides New Safe Harbor for Domestic Content Bonus Credit

The U.S. Department of the Treasury (Treasury) today released Notice 2024-41, Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38…more

Energy Projects, Energy Sector, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Amy Joseph Pedersen, SPHR

Updated Face Covering Guidance for Oregon Businesses

Oregon Governor Kate Brown issued an order this week making her earlier Mask, Face Shield, and Face Covering Guidance applicable statewide effective July 1, 2020. Although the media has generally described the guidance as…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment, Re-Opening Guidelines

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Virginia Pedreira

Oregon Extends Foreclosure Moratorium and Restrictions for Secured Lenders until December 31, 2020

On June 30, 2020, the State of Oregon enacted House Bill 4204 (the “Bill”) establishing a temporary commercial and residential foreclosure moratorium and other lender restrictions during an “emergency period” extending from…more

Coronavirus/COVID-19, Executive Orders, Foreclosure, Kate Brown, Lenders

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Joseph Perkins, Jr.

National Park Service Regulations Do Not Apply to Inholdings in Alaska

Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general…more

ANILCA, Exemptions, Lack of Authority, National Park Service, Navigable Waters

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Willa Perlmutter

We Have to Know What We're Doing, Because They Don't Always Get It

Let me tell you about an experience I had with a Labor Department lawyer earlier this month. It was one of those experiences that made me realize how important it is for those of us in the mining industry to have a good working…more

Coal Industry, Health and Safety, Mine Act, Mine Safety and Health Administration (MSHA), Mining

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Sarah Johnson Phillips

Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications

In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other…more

Community Property, Departments of Commerce, Energy Projects, Green Energy, Renewable Energy

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Andrew Pieper

In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste Collection System

In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding…more

City Charters, Local Ordinance, MN Supreme Court, Municipalities, Preemption

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Heraclio Pimentel

SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In

The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Jenna Poligo

Washington Supreme Court Expands Scope of 'Unfair Practices' Under Consumer Protection Act to Include Allegations of Price Gouging

In a decision that extends the reach of what constitutes an “unfair practice” under Washington’s Consumer Protection Act (CPA), the Washington Supreme Court recently confirmed that claims of “price gouging” may be actionable…more

Amazon, Consumer Protection Act, Coronavirus/COVID-19, Federal Trade Commission (FTC), Price Gouging

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Christopher Pooser

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not…more

Appeals, Evidence, Evidentiary Hearings, ID Supreme Court, Law Firm Partners

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Vanessa Soriano Power

Washington Supreme Court Expands Scope of 'Unfair Practices' Under Consumer Protection Act to Include Allegations of Price Gouging

In a decision that extends the reach of what constitutes an “unfair practice” under Washington’s Consumer Protection Act (CPA), the Washington Supreme Court recently confirmed that claims of “price gouging” may be actionable…more

Amazon, Consumer Protection Act, Coronavirus/COVID-19, Federal Trade Commission (FTC), Price Gouging

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Lindsay Puckett

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden…more

Biden Administration, CEQ, Comment Period, Environmental Assessments, Environmental Impact Report (EIR)

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Per Ramfjord

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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Bart Reed

New Law Requires Timely Payment of Undisputed Change Order Claims

RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction…more

Change Orders, Construction Contracts, Construction Industry, Construction Project, Contract Terms

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Ed Reeves

Time to Remove Salary History from Job Applications

Starting this Friday, October 6, employers in Oregon can no longer ask job applicants about their salary history. As part of the Equal Pay Act that Oregon enacted earlier this year, prohibiting questions about salary history is…more

Employer Liability Issues, Equal Pay Act, Hiring & Firing, New Regulations, Salary/Wage History

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Allison Reynolds

The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

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Laura Rosenbaum

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees. Read more below for further updates…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

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Scott Rosenthal

Affordable Housing Law Alert: Revival of the Density Bonus Law – Affordable Housing to the Rescue?

Since the onset of COVID-19, the global landscape has been turned upside down, bringing to light various social issues that have long been plaguing various communities throughout the country. Social issues such as unemployment,…more

Affordable Housing, Coronavirus/COVID-19, Eviction, HUD, Low-Income Issues

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Seth Row

The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court decision in Moody v. Oregon Community Credit Union

The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance…more

Denial of Benefits, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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Chris Russell

COVID-19 Update: Round 2 of the Paycheck Protection Program

The Act provides - - $310 billion in additional Small Business Administration (SBA) loan guarantee authority under the Paycheck Protection Program (PPP); - $100 billion in additional funding for the Department of Health…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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Kristin Russell

Deeply Rooted Podcast S2E1: Growing a Community-Focused Brand During a Pandemic with Katie Poppe, Co-founder and CEO of Blue Star Donuts

In the season two premiere of the Stoel Rives | Deeply Rooted Podcast, Katie Poppe, Co-Founder and CEO of Blue Star Donuts, and Kristin Russell, a finance attorney and member of Stoel Rives' agribusiness, food, beverage and…more

Brand, Business Development, Sustainability

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Jeremy Sacks

Arbitration Clauses in Solar Contracts

This month, a panel of the New Jersey Superior Court, Appellate Division, ruled that a proposed class action brought by customers of a solar energy company was subject to arbitration. The case, Brian and Ananis Griffoul v. NRG…more

Appeals, Arbitration, Class Action, Consumer Contracts, Mandatory Arbitration Clauses

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Chuck Samel

Antitrust Scrutiny of Health Care Markets Ready to Escalate – Are You Ready?

The Antitrust Division of the U.S. Department of Justice has intensified its scrutiny of health care markets by establishing a dedicated task force: the Task Force on Health Care Monopolies and Collusion…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Luke Sanders

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding Interagency Consultation, Threatened Species, and Critical Habitat

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act…more

Biden Administration, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Robert Sarkisian

What Would a 32-Hour Workweek Look Like?

A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek. While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, Proposed Legislation

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Emily Schimelpfenig

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit

Policymakers have several tools for addressing the rising issue of homelessness in their communities. In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first…more

Constitutional Challenges, Eighth Amendment, Homeless Discrimination, Homeless Issues, Local Ordinance

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Audrey Scholer

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Matt Segal

Antitrust Scrutiny of Health Care Markets Ready to Escalate – Are You Ready?

The Antitrust Division of the U.S. Department of Justice has intensified its scrutiny of health care markets by establishing a dedicated task force: the Task Force on Health Care Monopolies and Collusion…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Penny Serrurier

Clients Living Outside of Oregon and Washington With Real Property In-State Should Consider Holding via an LLC

Many clients, as well as their advisors, are unaware of how the Washington and Oregon estate tax systems work with respect to real and tangible personal property owned in these states by people domiciled elsewhere. In both…more

Estate Tax, Limited Liability Company (LLC), Oregon, Property Owners, Property Tax

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Sabina Shapiro

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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Jim Shore

Federal Appeals Court Affirms NLRB Decision Requiring Employer to Reinstate Employee Who Wrote “Whore Board” on Mandatory Overtime Sign-Up Sheet

The United States Court of Appeals for the District of Columbia Circuit recently affirmed a National Labor Relations Board (“NLRB”) decision requiring an employer to reinstate an employee whom it terminated after he wrote “whore…more

Employer Liability Issues, Employment Policies, Hiring & Firing, Human Resources Professionals, NLRA

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Allison Smith

California’s New Climate-Related Disclosure Laws

California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks. Senate Bill (SB) 253, the Climate Corporate Data Accountability Act, expands…more

California, Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Connor Smith

Alaska Legislature Allows Corporations to Conduct Business by Remote Communication

The Alaska Legislature has passed Senate Bill 24, which allows business entities to hold meetings and conduct business by “remote communication.” On March 22, it initiated sending the Bill to the Governor, who is expected to…more

Alaska, Electronic Communications, Proxy Voting Guidelines, State and Local Government, State Labor Laws

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Joan Snyder

OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another, Similar Facility?

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It is…more

Assessment, Best Practices, Employer Liability Issues, Health & Safety Standard, Manufacturing Facilities

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Andrew Solomon

What Landlords Should Know When Restaurant Tenants Go Under

As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key considerations…more

Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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Samantha Sondag

COVID-19’s Potential Impact on Contracts -- Force Majeure and Related Concepts

With the global spread of COVID-19, businesses face challenges few have previously experienced. Many are grappling with the question, “What should we do when a business partner does not perform under a contract because of the…more

Breach of Contract, Business Interruption, Construction Industry, Contract Terms, Coronavirus/COVID-19

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Jennifer Lane Spaith

USPTO Guidance Establishes Principles for Human Inventorship of AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Guidance this week on how to evaluate patent inventorship when technology is developed using artificial intelligence (AI) systems, including generative AI. Companies developing…more

Artificial Intelligence, Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board

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Ariel Stavitsky

New Legislation Authorizes Oregon Energy Facility Siting Council to Certify Standalone Battery Energy Storage Systems but Stops Short of Including Clear Land Use Approval Pathway

The Oregon Energy Facility Siting Council (EFSC) oversees the siting of large-scale energy facilities like wind and solar power projects, which often include an associated Battery Energy Storage System (BESS). BESS is a critical…more

Batteries, Clean Energy, Electricity, Energy Projects, Energy Sector

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Ryan Steen

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding Interagency Consultation, Threatened Species, and Critical Habitat

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act…more

Biden Administration, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Michael Such

Treasury Provides New Safe Harbor for Domestic Content Bonus Credit

The U.S. Department of the Treasury (Treasury) today released Notice 2024-41, Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38…more

Energy Projects, Energy Sector, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Tim Taylor

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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Robert Teel

Certain Patent- and Trademark-Related Deadlines Extended Under CARES Act

In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the U.S. Patent and Trademark Office (USPTO) released notices extending patent- and trademark-related timing deadlines…more

CARES Act, Coronavirus/COVID-19, Patents, Trademarks, USPTO

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Matt Tellam

Governor Kotek Signs New Law Amending Oregon Leave Laws

On March 21, 2024, Oregon Governor Tina Kotek signed into law Senate Bill 1515, amending the Oregon Family Leave Act (“OFLA”) and the Paid Leave Oregon program (“PLO”). The bill is intended to better align the OFLA and PLO. …more

Employee Benefits, Employees, Family Medical Leave, Human Resources Professionals, Oregon

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Andrea Thompson

EUA Status Does Not Prohibit Employers from Requiring the COVID Vaccine; Seven Factors for Employers to Consider When Considering a Mandatory Vaccination Policy

While many employers initially were hesitant to institute mandatory COVID vaccinations, the recent surge driven by the Delta variant and announcements from large organizations—including the U.S. military, United Airlines, and…more

Coronavirus/COVID-19, Department of Justice (DOJ), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Geoffrey Tichenor

EPA Issues Final Rule Requiring Companies That Manufacture or Import Products Containing PFAS to Report Under TSCA

On October 11, 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to submit a one-time report containing…more

Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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James Torgerson

Alaska Legislature Allows Corporations to Conduct Business by Remote Communication

The Alaska Legislature has passed Senate Bill 24, which allows business entities to hold meetings and conduct business by “remote communication.” On March 22, it initiated sending the Bill to the Governor, who is expected to…more

Alaska, Electronic Communications, Proxy Voting Guidelines, State and Local Government, State Labor Laws

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Jennifer Baer Tuohy

4 Ways Employers Can Provide Financial Support to Employees

In the wake of the COVID-19 pandemic, many employers are searching for ways to support their employees in light of the financial hardships caused by the pandemic and the related quarantine. This alert summarizes four ways in…more

Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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Bao Vu

Prop 65 Changes Coming That Could Cause Headaches For Businesses

If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a chemical…more

Amended Regulation, California, Manufacturers, OEHHA, Proposition 65

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Sara Wadsworth

Washington Supreme Court Unanimously Rejects the Apex Doctrine

In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to…more

Apex Doctrine, Banking Sector, C-Suite Executives, CEOs, Corporate Executives

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Chris Wall

Oregon and Washington Governors Announce Plans to Revise Mask and Distancing Requirements in the Wake of Updated CDC Guidance

As we wrote about here, the Centers for Disease Control and Prevention (“CDC”) announced yesterday that fully vaccinated individuals can resume normal day-to-day activities without wearing masks or socially distancing. Hours…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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Tiffany Wang

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding Interagency Consultation, Threatened Species, and Critical Habitat

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act…more

Biden Administration, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Jon Washburn

Don’t let Cyber Insurance be Your Cybersecurity Plan

In a recent letter to insurers, the New York State Department of Financial Services (“NYDFS”) acknowledged the key role cyber insurance plays in managing and reducing cyber risk – while also warning insurers that they could be…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Elliott Williams

Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Thomas Wood

Attention NSR Geeks: EPA Clarifies Applicability Approach

On December 7, 2017, EPA administrator Scott Pruitt announced an approach to New Source Review (NSR) applicability that supports presidential priorities for streamlining permit requirements: “New Source Review Preconstruction…more

Environmental Protection Agency (EPA), New Guidance, Permits, Regulatory Reform

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Thomas Woods

The Only Bi-Partisan Show in D.C.: The U.S. Supreme Court Issues a Decisive Opinion Concerning TCPA Liability in Facebook, Inc. v. Duguid, et al.

In a widely anticipated ruling, the U.S. Supreme Court today ruled that just because a business has calling technology that has the capacity to store and dial multiple numbers – such as a cell phone — does not automatically…more

ATDS, Auto-Dialed Calls, Data Storage, Facebook, Facebook Inc v Duguid

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Cameron Zangenehzadeh

The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court decision in Moody v. Oregon Community Credit Union

The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance…more

Denial of Benefits, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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