Davis Wright Tremaine LLP

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1201 Third Avenue Suite 2200
Seattle, Washington 98101-3045, United States
Phone: 877.398.8417
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • New York
  • Oregon
  • Washington
Other Countries
  • China
Number of Attorneys
400+ Attorneys

Screenwriter SLAPPs Down Libel-in-Fiction Claim

In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897…more

Anti-SLAPP, Books, Defamation, Film Industry, First Amendment

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Where’s the (TCPA) Harm in That?

Following the U.S. Supreme Court’s ruling in Spokeo v. Robins that plaintiffs must allege a concrete and particularized injury to meet Article III standing requirements, federal district courts across the country are beginning…more

Article III, Corporate Counsel, Debt Collection, Injury-in-Fact, Robocalling

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Oregon Tiered Minimum Wage Increase Effective, July 1, 2016

Oregon’s new minimum wage law which phases in wage increases over a six-year period starts, July 1, 2016. The minimum wage for medium and high density counties – listed below – rises to $9.75. The minimum wage for low density…more

Employer Liability Issues, Minimum Wage, New Regulations, Wage and Hour

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New California Laws Affecting Outpatient Surgery Settings Go Into Effect January 1, 2016

New Development - California Senate Bill 396 (SB 396), which strengthened requirements for outpatient clinics such as ambulatory surgery centers, was recently signed into law and becomes effective January 1, 2016…more

Credentialing, Healthcare, Inspection Rights, New Legislation, Outpatient Services

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OregonSaves: New State-Run Retirement Plan Requires Employer Action Beginning November 15, 2017

Are you an employer with employees in Oregon? If you do not offer a retirement plan to any of your employees, read on for your obligations under a new state-run retirement savings program called OregonSaves. If you do currently…more

DOL, Employee Benefits, ERISA, IRA, Retirement

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Ninth Circuit: “Solely” Means “Solely” When It Comes to FCRA-Mandated Disclosures

Does your company conduct applicant background checks? If so, you are no doubt familiar with the disclosure requirements of the federal Fair Credit Reporting Act. Among other things, the FCRA states that employers may not obtain…more

Background Checks, Corporate Counsel, Employer Liability Issues, FCRA, Hiring & Firing

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Texas Hold ‘Em: Long-Lasting Pole Attachment Dispute Ends (For Now)

In late February, the Texas Court of Appeals issued an opinion resolving an eight-year dispute concerning municipal pole attachment fees charged to AT&T and Time Warner Cable (TWC) by CPS Energy (CPS), an electric utility owned…more

AT&T, FCC, Pole Attachment Order, Public Utilities Commission, Utility Poles

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California Beefs Up Encryption & Notice in Data Breach Law

On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification statute (Ca. Civ. Code § 1798.82)…more

Data Breach, Encryption, New Legislation, Posting Requirements, State Data Breach Notification Statutes

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(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§…more

COPPA, Data Collection, Data Protection, FTC, Parental Consent

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PRC Regulation on Internet-Based Live Broadcasting Businesses

On Sept. 2, 2016, the General Administration of Press Publication Radio, Film and Television of the People’s Republic of China (the “GAPP”) released the Circular on Several Issues for Strengthening the Administration of…more

Broadcasting, China, Live Streaming

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Ninth Circuit: “Solely” Means “Solely” When It Comes to FCRA-Mandated Disclosures

Does your company conduct applicant background checks? If so, you are no doubt familiar with the disclosure requirements of the federal Fair Credit Reporting Act. Among other things, the FCRA states that employers may not obtain…more

Background Checks, Corporate Counsel, Employer Liability Issues, FCRA, Hiring & Firing

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Can I Leave My Family Business to a Minor Child?

Let’s say you have a thriving family business that you have built through your own hard efforts during your lifetime. You are raising your minor child to see the value of the business and to be entrepreneurial, and you want her…more

Change of Ownership, Family Businesses, Trustees, Trusts

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European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result…more

Data Protection, EU, EU Data Protection Laws, European Court of Justice (ECJ), Google

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9th Circuit Sides With the NLRB: Class Action Waivers in Employment Arbitration Agreements Violate the National Labor Relations Act

A divided panel (2-1) of the 9th Circuit Court of Appeals has ruled that an employer violates the National Labor Relations Act by requiring employees to sign arbitration agreements that contain class or collective action…more

Arbitration Agreements, Class Action Arbitration Waivers, Collective Actions, Federal Arbitration Act, NLRA

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[Webinar] Legal Issues and Risks in Wearable Health Technologies - Sept. 24th, 10:00am PDT

The market for wearable health technologies, encompassing innovations such as fitness bands, glucose monitors, and implanted devices, is booming – estimated to surpass $70 billion by 2024. The session will focus on key legal…more

Emerging Growth Companies, Emerging Technology Companies, Fitbit, Mobile Devices, Technology

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U.S. FCPA Guidance Released by DOJ and SEC

On Nov. 14, 2012, the Department of Justice and the Securities and Exchange Commission released a joint 130-page Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). This long-anticipated guidance lays out the…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Sixth Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” is Protected Opinion

In a helpful decision for online publishers of rankings and ratings, the Sixth Circuit Court of Appeals held that a travel website’s annual top-ten list of the dirtiest hotels in the United States, based on data compiled from…more

First Amendment, Free Speech, Hotels, TripAdvisor

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Update #8: American Health Care Act Passed by House May Revive Annual and Lifetime Limits in Self-Insured Employer Plans

On May 4, the House Republicans narrowly passed the American Health Care Act (AHCA). Except for effective dates, the provisions impacting employers were generally unchanged. One major change to the original bill is that…more

Affordable Care Act, American Health Care Act (AHCA), Essential Health Benefits, Health Insurance, Self-Insured Health Plans

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FERC Requires New England Generators to Reveal How Bids Formulated

On August 8, 2016, the Federal Energy Regulatory Commission (FERC) issued its order on remand from the D.C. Circuit on FERC’s approval of ISO New England’s (ISO-NE) 2013-14 winter reliability program, results, and rates…more

Bids, Energy Sector, FERC

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Portland Requires Employers to Provide Paid Sick Leave Starting in 2014 to Employees Who Work in City

The Portland City Council has passed a paid sick leave mandate that requires employers to provide paid leave for employees to use for personal and family member illness as well as certain safety concerns. The new ordinance takes…more

Local Ordinance, Medical Leave, Municipalities, Paid Leave

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Supreme Court Clarifies Test for Accommodating Pregnancy Limitations

The United States Supreme Court recently established a new test to evaluate whether an employer discriminates against a pregnant employee under the Pregnancy Discrimination Act (PDA) when it denies an accommodation or adjustment…more

Disparate Treatment, EEOC, Enforcement Guidance, PDA, Pregnancy Discrimination

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Going Green: What Procedures Should You Consider for 2016 Electronic ERISA Disclosures?

In the ever-increasing push to “go green,” many employers are opting to distribute required notices and disclosures to employees via e-mail or through website postings. Plan sponsors are asking: Can an employer rely on an…more

Disclosure Requirements, Employee Benefits, ERISA, Posting Requirements, Retirement Plan

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U.S. Supreme Court Decision in Montanile Applies Principles of Equity to Reach an Absurdly Inequitable Result Regarding ERISA Plan Reimbursement Claim

“A” gets hit by a drunk driver and incurs $121,044 in medical expenses. The ERISA Plan agrees to pay the expenses if “A” contractually agrees to reimburse the Plan for any recovery obtained as the result of any legal action or…more

Employee Benefits, Equitable Relief, ERISA, Medical Expenses, Medical Liens

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Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics, health…more

Breach Notification Rule, Data Breach, EHR, Healthcare, Personally Identifiable Information

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Delaware Formally Adopts Proposed Statutory Amendments Governing Mergers Following the Completion of a Tender Offer

The governor of Delaware recently signed into law previously proposed amendments to Section 251(h) of the Delaware General Corporation Law (“DGCL”), which make Section 251(h) more accessible to deal parties by..…more

Delaware General Corporation Law, Merger Agreements, New Amendments, Shareholders, Stocks

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Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a…more

Health Care Providers, Rest and Meal Break, Wage and Hour, Wage Orders, Waivers

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Asking Job Applicants About Their Salary History Set to Become Unlawful in New York City in Late 2017

To promote fair employment practices and close the pay gap for women and people of color, Mayor Bill de Blasio is expected to sign a bill passed by an overwhelming majority of the New York City Council on April 5, 2017 that will…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

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Second Circuit Holds That Printing of Expiration Date Is a Bare Procedural Violation of FACTA That Is Inadequate Under Spokeo to Confer Standing to Sue

Addressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has joined…more

Article III, Corporate Counsel, Debit and Credit Card Transactions, FACTA, Injury-in-Fact

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EPA Issues Assessment of Bristol Bay and Large-Scale Mining

On January 15, the Environmental Protection Agency (“EPA”) issued its final Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska, concluding that large-scale mining in the region poses risks to…more

Clean Water Act, Critical Habitat, Environmental Assessments, Environmental Policies, EPA

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FDA Extends Menu Labeling Compliance Date

On July 9, 2015, the U.S. Food and Drug Administration (FDA) announced that it is extending the date for compliance with its menu labeling requirements by one year. Under the new timeframe, businesses covered by the menu…more

Affordable Care Act, Compliance, FDA, Final Rules, Food Labeling

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Reminder: Effective July 1, 2017: California Regulations Limiting Use of Criminal Background Information

Earlier this year, we issued a client Advisory concerning the California Fair Employment and Housing Council’s new regulations regarding the use of criminal history for employment purposes. The new regulations took effect on…more

Background Checks, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employment Discrimination

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Mezzanine Financing for Family-Owned Businesses

On June 6, 2017, Davis Wright Tremaine LLP hosted the latest edition of our Family Business Study Group, where David Levine of Prudential Capital Group and Hugh Campbell of Cascadia Capital spoke about using mezzanine financing…more

Debt Financing, Family Businesses, Financing, Mezzanine Lenders

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Emergency Information Accessibility Rules for Second-Screen Devices – Compliance Deadline Today

Today, July 10, 2017, is the compliance deadline for the FCC’s rules regarding video description of emergency information on “second screens.” Multichannel video programming distributors (MVPDs) are now required to pass through…more

Cable Television Providers, Emergency Alerts, FCC, MVPD

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Hugh Jackman’s Conundrum: Can the Blockchain Revitalize the First Sale Doctrine Under Copyright Law?

Blockchain technology offers new possibilities for owners to sell digital copies of “pre-owned” content on secondary markets, as we’ve discussed in prior posts. But virtual flea markets – where an owner of a collection of…more

Blockchain, Copyright, Copyright Infringement, Digital Downloads, First Sale Doctrine

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FERC Accepts PJM’s Proposal to Limit Imported Capacity

Owners of generation capacity in PJM have often complained of what they perceive as favorable treatment under rules governing PJM’s annual forward capacity auctions when applied to competing resources, namely generation located…more

Energy Sector, FERC, PJM, Power Plants, Utilities Sector

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News (Oregon)

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Charitable Donations, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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"Ladies' Night" Promotions Violate California Law

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a…more

ADA, Discounts, Discrimination, Hospitality Industry, Protected Class

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Hazardous Waste Transporters Beware!

The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste was…more

Department of Environmental Quality, Hazardous Waste

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The 2016 Roundup of Key California Anti-SLAPP Decisions

In 2016, the California Supreme Court and the Ninth Circuit Court of Appeals issued important opinions interpreting California’s anti-SLAPP statute (C.C.P. § 425.16 et seq.), once again broadly construing its application. See…more

Anti-SLAPP, Defamation, False Light, Free Speech, Intentional Infliction of Emotional Distress

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California Sick Time Law: Beyond the Basics

California’s “Healthy Workplaces, Healthy Families Act of 2014,” otherwise known as California’s Paid Sick Time (or Paid Sick Leave) law, went into effect on Jan. 1, 2015, and will become operative for accrual purposes on July…more

DLSE, Employer Mandates, Healthy Workplace Act, Paid Leave, Sick Leave

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Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will not…more

Functional Equivalent, Patent Infringement, Patent Litigation, Patents

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Chinese Regulators Increase Supervision of Internet News

Several years ago, internet news in China was published almost entirely through internet portals. Today there are many additional news channels, including mobile apps, microblogs, official accounts, etc. In response to this…more

China, Cybersecurity

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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Alaska Supreme Court Says Exploration is a Transfer of Interest in State Land, Cannot Be Allowed Without Full Public Notice and Comment - Also Sides with Public Interest Litigants on Fee Shifting

The Alaska Supreme Court’s recent decision in Nunamta Alukestai v. Pebble Limited Partnership, No. 7011 (Alaska filed May 29, 2015) significantly alters the permitting process for projects within the jurisdiction of the…more

Department of Natural Resources, Energy Sector, Fee-Shifting, Land-Use Permits, Mining

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D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various…more

Administrative Hearings, Advertising, Appeals, Clinical Trials, False Advertising

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Oregon Legislature Passes Sweeping Energy Bill

The Oregon Legislature on Wednesday passed a sweeping and contentious bill that signals significant changes for the state’s energy industry. Senate Bill 1547, the final home for the “Oregon Clean Electricity and Coal Transition…more

Biomass, Coal-Fired Generation, Electricity, Energy Sector, New Legislation

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California Employees Paid on Commission Must Be Paid Separately for Rest Breaks

A California court recently held that employees paid by commission must be separately paid for their rest breaks. The employer had a policy of paying furniture sales employees a guaranteed minimum hourly rate as a draw against…more

Employer Liability Issues, Rest and Meal Break, Sales Commissions, Wage and Hour

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Reminder: Effective July 1, 2017: California Regulations Limiting Use of Criminal Background Information

Earlier this year, we issued a client Advisory concerning the California Fair Employment and Housing Council’s new regulations regarding the use of criminal history for employment purposes. The new regulations took effect on…more

Background Checks, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employment Discrimination

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A “Bad Apples” Database for Banks? Not So Fast.

Should banks, while guarding against rolling episodes of misconduct by bankers, have the ability to blackball employees from the banking industry? A “bad apples” database of bank employees who have acted improperly in prior…more

American Bankers Association, Bankers, Banking Sector, Consumer Reporting Agencies, FCRA

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Consumer Financial Data Aggregation & the Potential for Regulatory Intervention

A confluence of regulatory activity and policy debates seems to be laying the groundwork for future regulation of consumer financial data aggregation activities. The outcome of these activities could significantly affect how…more

CFPA, CFPB, Computer Fraud and Abuse Act (CFAA), Data Breach, Data Protection

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New SEC Guidance Regarding Social Media; Proposed Clarifications to Delaware Law for Mergers Following a Tender Offer; Change in SEC Notice Procedures for Granting Confidential Treatment Requests

Social media is becoming a desirable tool for companies to communicate with their shareholders and potential investors. Over the last few years, the Securities and Exchange Commission (“SEC”) has issued guidance on how SEC…more

Disclosure Requirements, Investors, Public Disclosure, Public Offerings, SEC

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Additional IRS Guidance on Physical Work Test and Facility Transfers for Energy Tax Credits

The IRS has released additional guidance (Notice 2014-46) on the “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code…more

Energy Policy, Energy Sector, Energy Tax Incentives, Investment Tax Credits, IRS

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Race to the Highest Minimum: California Minimum Wage Increase and San Francisco’s New Parental Leave Ordinance

California’s newly increased minimum wages will impact employers in two ways. First, minimum wage employees will have to be paid the higher minimum wage. Second, salaried exempt employees in California must be paid no less than…more

Employer Liability Issues, Minimum Wage, New Legislation, Paid Leave, Parental Leave

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Blurred Lines: Ninth Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

The Ninth Circuit last week became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for defamation. Obsidian Fin…more

Blogs, Defamation, First Amendment, Media

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The Fourth European Union Anti-Money Laundering Directive and Its Effects on Financial Institutions Operating in the EU

The Fourth European Union Anti-Money Laundering Directive (Fourth AML Directive), approved by the European Parliament on May 20, 2015, went into effect on June 25, 2015, repealing the 2005 Third AML Directive. Given the evolving…more

Anti-Money Laundering, Banking Sector, Banks, BSA/AML, CDD

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Trump Victory Complicates Lockheed Martin’s F-35 Contract Dispute

During his presidential campaign, President-elect Donald Trump made clear his misgivings over Lockheed Martin’s F-35 program. During an interview on the Hugh Hewitt radio show, Mr. Trump asked “[w]hen they say that [the F-35]…more

Department of Defense (DOD), Lockheed Martin, Presidential Elections, Trump Administration

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FERC Extends Deadline for Filing Q3 2013 EQRs

Yesterday, on October 10, 2013, FERC issued a long-anticipated order granting public utilities and non-public utilities an extension of time to file their third quarter (Q3) Electric Quarterly Reports (EQRs). FERC will notify…more

Extensions, FERC, Filing Deadlines, Filing Requirements, Reporting Requirements

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Update: City of Los Angeles “Ban the Box” Ordinance Guidance and Forms Published

In January, we issued an advisory about the Los Angeles Fair Chance Initiative for Hiring Ordinance, referred to as a “Ban-the-Box” initiative, which took effect on January 22, 2017, restricting inquiries into criminal…more

Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues, Fair Chance Act

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Consumer Financial Protection Bureau Begins Accepting Consumers’ Money Transfer Complaints

Noting that “[i]t’s pretty incredible that you can quickly send money to almost anywhere in the country or abroad,” the Consumer Financial Protection Bureau (“CFPB”) recently announced it has begun accepting consumer complaints…more

CFPB, Consumer Complaint System, Money Transfer

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California Employers Must Update EEO Policies by April 1, 2016

New regulations under the California Fair Employment and Housing Act (FEHA) require employers of five or more employees to update anti-discrimination, anti-harassment, and complaint-investigation policies; update sexual…more

Anti-Discrimination Policies, Anti-Harassment Policies, EEOC, Employer Liability Issues, FEHA

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Possible Renewable Identification Number Price Spike Due to Proposed EPA Compliance Deadline Causes Biofuel Industry Concern

The Environmental Protection Agency (EPA) sets the annual percentage standards for ethanol, cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuels that apply to all gasoline and diesel produced or…more

Auto Manufacturers, Automotive Industry, Biofuel, Energy Sector, EPA

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Channel Disruption & the Future of Food: Radical Change and New Consumer Channels

With the recent announcement that Amazon is buying Whole Foods, issues of channel disruption — that is, the ways consumers purchase food — have been on the forefront of people’s minds. On June 1, at DWT’s annual food and…more

Amazon Marketplace, E-Commerce, Grocery Stores, Internet Retailers, Whole Foods

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FCC Reforms its Equipment Approval Processes, Easing Burden on Device Manufacturers

Last Thursday, the FCC reformed its equipment approval rules, which Commissioner Clyburn described as the first “comprehensive” review of these rules since 1998, although the rules remain complex and challenged by the fast pace…more

ANSI, FCC, Manufacturers, Radiofrequency (RF), Telecommunications

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Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant. Earlier this month we went to IAPP’s…more

Broadband, Data Breach, FBI, FCC, FERPA

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New York's New Paid Family Leave Law: FAQs

New York’s Paid Family Leave Benefits Law (the “NYPFL Law”), the most comprehensive paid family leave program in the nation, goes into effect January 1, 2018. Starting on that date, employees will be eligible for up to eight (8)…more

Employer Liability Issues, FMLA, Local Ordinance, Paid Family Leave Law, Paid Leave

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Materiality Matters: SCOTUS Rules on FCA Implied Certification

In a unanimous decision issued on June 16, 2016, in Universal Health Inc. v. U.S. et al. ex rel. Escobar et al. the United States Supreme Court resolved a circuit split and held that an “implied certification” theory can provide…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Implied Certification, Medicaid

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Tinker, Take Two

Two legendary figures in the ongoing fight for student free speech rights are asking the Supreme Court to revisit this thorny area of First Amendment jurisprudence. John and Mary Beth Tinker were petitioners forty-six years ago…more

Censorship, First Amendment, Free Speech, Freedom of Expression, Political Speech

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Will We Have a Hodgepodge of Menu Labeling Laws?

Now that the FDA has (yet again) decided to delay enforcement of its menu labeling regulations for another year (and possibly to change the regulations entirely), one question seems to be on everyone’s minds: will we need to…more

FDA, Menu-Labeling, Nutrition Facts Labels, Preemption, Restaurant Industry

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Partisan Gridlock on Open Internet Rules Likely to Continue Until Court Ruling

Uncertainty over whether the U.S. Court of Appeals for the District of Columbia Circuit will overturn the FCC’s Open Internet rules appears to be a major roadblock to any bipartisan resolution of the issue in Congress. James…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), Open Internet Rules

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California Supreme Court to Decide Whether (And When) PAGA Plaintiffs Can Compel Discovery of Other Employees’ Contact Information

The California Supreme Court has granted review of the appellate court decision in Williams v. Superior Court to answer the following question: Is the plaintiff in a representative action under the Private Attorneys General Act…more

CA Supreme Court, Class Action, Discovery, Marshalls, PAGA

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Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a…more

Health Care Providers, Rest and Meal Break, Wage and Hour, Wage Orders, Waivers

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DOI Secretary Jewell Announces Two Utility-Scale Solar Projects in California and Nevada

Secretary Jewell, of the Department of Interior, announced approval of two utility-scale solar projects located on the California-Nevada border. The Stateline Solar Project will be located in the Mojave Desert in San Bernardino…more

Department of the Interior, Public Private Partnerships (P3s), Public Projects, Renewable Energy, Solar Energy

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Final Regulations on Play or Pay Mandate Provide Relief to Certain Employers

This week, the IRS issued final regulations concerning the Affordable Care Act’s “play or pay” (also known as the employer shared responsibility) mandate. This advisory describes highlights of these voluminous regulations,…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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SBA Adds Training Module to Mentor-Protégé Applications

Small and large businesses seeking to take advantage of the Small Business Administration’s (SBA) new All Small Mentor-Protégé Program will now have to jump through an extra hurdle as part of the application process. The…more

Federal Contractors, Joint Venture, Mentor-Protege Program, SBA, Small Business

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OCC Issues Draft Fintech Supplement to OCC Licensing Manual

On March 15, 2017, the Office of the Comptroller of the Currency issued a “Draft Supplement” to the Comptroller’s Licensing Manual, entitled “Evaluating Charter Applications from Financial Technology Companies” (Supplement). The…more

Banking Sector, FinTech, Innovation, National Bank Charters, OCC

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China’s Ongoing Foreign Direct Investment Law Reform: A Major Move to Simplify Market Entry Matters

China’s foreign investment regulatory landscape is undergoing another wave of major revamping since China amended its Company Law and the implementation guidelines regarding the registered capital of foreign-invested enterprises…more

Acquisitions, China, Foreign Investment, Investors, MOFCOM

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Employers Burdened By More New Laws

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Discrimination

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OCC Issues Third-Party Relationship Supplemental Examination Procedures

On January 24, 2017, the Office of the Comptroller of the Currency (the “OCC”) issued examination procedures to supplement its 2013 guidance Third-Party Relationships: Risk Management Guidance. The examination procedures…more

Banks, CFPB, Federal Savings Associations, OCC, Risk Management

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OIG Fraud Alert: Physicians in the Cross Hairs

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert focused on physician relationships. The Alert cautions physicians who enter into compensation arrangements such…more

Anti-Kickback Statute, Fair Market Value, Fraud Alerts, Healthcare, HHS

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Amendments to the Law on the Protection of the Rights and Interests of Consumers to Take Effect on March 15, 2014

On Oct. 25, 2013, China's Standing Committee of the National People's Congress (the “NPC’s Standing Committee”) promulgated the Amendments to the Law on the Protections of the Rights and Interests of Consumers (the…more

Burden of Proof, China, Disclosure Requirements, Human Rights, Product Recalls

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FFIEC Releases Revised BSA/AML Examination Manual

The Federal Financial Institutions Examination Council (FFIEC) has released its revised Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual. The revisions clarify supervisory expectations and incorporate…more

Anti-Money Laundering, Bank Secrecy Act, Banking Examinations, Banking Sector, Banks

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The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil or…more

Leases, Oil & Gas, Permits

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