Davis Wright Tremaine LLP

Legal Updates

About

Attorneys

Attorney	Latest Publications
Robert Balin	UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google In a unanimous ruling issued on Thursday, Feb. 14, 2013, the England and Wales Court of Appeal held that Google may be deemed a “publisher” of (and held liable for) defamatory user-generated content appearing in blogs hosted by…more Blogging Platforms, Defamation, Defamation Act, Google, Internet	See All Updates »
Louisa Barash	New Omnibus Rule Released: HIPAA Puts on More Weight On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability Act…more Business Associates, Covered Entities, Data Breach, Data Protection, Enforcement	See All Updates »
Mark N. Bartlett	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	See All Updates »
Jeff Belfiglio	The Obamacare “Play or Pay” Rules: A Practical Approach The IRS recently released new proposed regulations to implement the Shared Responsibility or “Play or Pay” provisions of Health Care Reform. The proposed regulations provide a wealth of detail on key issues required to implement…more Employer Group Health Plans, Full-Time Employees, IRS, Pay or Play, Penalties	See All Updates »
Carol Bernick	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	See All Updates »
Mark W. Berry	Decriminalization of Marijuana – Impact on Washington Employers? On Nov. 6, 2012, Washington voters approved Initiative 502 (“I-502”), which decriminalizes certain cultivation, sale, possession, and use of marijuana. The new law—which becomes effective Dec. 6, 2012—establishes a complex…more Marijuana	See All Updates »
Richard Birmingham	ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps” In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the case…more Attorney's Fees, Common Fund Doctrine, ERISA, Healthcare, Medical Expenses	See All Updates »
Kristen Blanchette	Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits…more Business Associates, Covered Entities, Data Protection, Fundraisers, Healthcare	See All Updates »
Burt Braverman	Cloud Computing: U.S. Export Controls Reach for the Sky Cloud computing is widespread and growing at a rapid pace in corporate information management because it generally is less expensive and more efficient than using internal corporate resources…more Cloud Computing, Cybersecurity, Data Protection, Export Controls, Information Management	See All Updates »
Scott Broadwell	Do We Really Have A Section 404 Permit? The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s…more Clean Water Act, EPA, Permits, US Army Corps of Engineers, Wetlands	See All Updates »
Maria T. Browne	FCC Releases Rules Requiring Accessibility of Browsers The Federal Communications Commission (FCC) released a Report and Order on April 29, 2013, reversing an earlier interpretation in its October 2011 rulemaking, and clarifying that Internet browsers used for advanced…more Advanced Communications Services Providers, FCC, Internet, Mobile Devices	See All Updates »
Michele Buck-Romero	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	See All Updates »
Larry Burke	Ashley II Holdings Require Caution On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). …more Asset Purchaser, Bona Fide Purchaser, Contamination, Environmental Liability, Hazardous Substances	See All Updates »
Thomas Burke	California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on CBS Report About Conservatorships A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP motion,…more Actual Malice, Anti-SLAPP, Conservators, Defamation, Public Officials	See All Updates »
Ron Cai	Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into…more Arbitration, Breach of Contract, China, Chinese Labor Contract Laws, Non-Compete Agreements	See All Updates »
David Callahan	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	See All Updates »
John Cameron	Senator Wyden Urges FERC to Support Regional Flexibility in Order No. 1000 Compliance Filings by Northwestern Utilities In a letter to FERC Chairman Jon Wellinghoff dated March 5, 2013, Senator Ron Wyden (D-OR), the new Chairman of the Senate Energy and Natural Resources Committee, strongly urged the FERC to support principles of regional…more FERC, Order No. 1000, Tariffs	See All Updates »
Betsy Carroll	Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or…more Affirmative Action, Appeals, Compliance, Consent, Healthcare	See All Updates »
Christina Chan	SEC Approves New Corporate Governance Listing Standards for Compensation Committees and Advisers On Jan. 11, 2013, the Securities and Exchange Commission (the “SEC”) approved amended corporate governance listing standards for the New York Stock Exchange (the “NYSE”) and the Nasdaq Stock Market (the “Nasdaq”). The amended…more Compensation Committee, Dodd-Frank, Independence Rules, Listing Standards, Nasdaq	See All Updates »
Pamela Charles	Section 1603 Cash Grant Modified Annual Report Form Recipients of Section 1603 cash grants are required by the Terms and Conditions of the program to provide annual project performance reports to the Treasury Department for the first five years after the project is placed in…more 1603 Grants, U.S. Treasury	See All Updates »
Jeremy Chase	UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google In a unanimous ruling issued on Thursday, Feb. 14, 2013, the England and Wales Court of Appeal held that Google may be deemed a “publisher” of (and held liable for) defamatory user-generated content appearing in blogs hosted by…more Blogging Platforms, Defamation, Defamation Act, Google, Internet	See All Updates »
Heather Coldwell	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	See All Updates »
Jeffrey B. Coopersmith	When Food Production Leads to Prosecution Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained…more Certificates of Analysis, DOJ, EU, FDCA, Food Contamination	See All Updates »
Allison Davis	BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the Monterey…more Bureau of Land Management, Environmental Impact Report, Environmental Liability, Fracking, Leases	See All Updates »
Dennis Diaz	OIG Special Fraud Alert Labels Physician-Owned Distributorships (PODs) as “Inherently Suspect” The U.S. Department of Health & Human Services, Office of Inspector General (the “OIG”) issued a Special Fraud Alert (“Alert”) on March 26, underscoring its heightened focus on fraud and abuse risks posed by physician-owned…more Anti-Kickback Statute, Fraud, Healthcare, HHS, Medical Devices	See All Updates »
Victoria Ding	Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into…more Arbitration, Breach of Contract, China, Chinese Labor Contract Laws, Non-Compete Agreements	See All Updates »
John Dodge	Unsettled Settlements(?): The Effect of an Invalidated Recess Appointment on the CFPB Director’s Authority to Settle Proceedings The constitutionality of President Obama’s recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”) is being challenged in a lawsuit filed in the U.S. District Court for the District…more	See All Updates »
Lisa Doehl	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	See All Updates »
Mary E. Drobka	EEOC’s Tough Enforcement Stance Against Criminal Background Checks Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion, and…more Arrest and Conviction Records, Criminal Background Checks, EEOC, Enforcement Guidance, Strategic Enforcement Plan	See All Updates »
Bradley Duncan	"New Value" Plans Require Competitive Bidding, Says 7th Circuit In a decision issued yesterday, the 7th Circuit Court of Appeals held that insiders can't be given a special opportunity to invest in a bankrupt debtor under the guise of contributing "new value" unless the debtor makes the same…more Absolute Priority Rule, Chapter 11, Competitive Bidding, Debtors, Investment Opportunities	See All Updates »
Sarah Duran	New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal In a substantial narrowing of the public’s ability to review court files, the Washington Supreme Court has held there is no constitutional right of access to any case record unless and until the record becomes “relevant to a…more Bennett, Discovery, Ishikawa, Right of Access, Sealed Records	See All Updates »
Jane Eckels	New Omnibus Rule Released: HIPAA Puts on More Weight On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability Act…more Business Associates, Covered Entities, Data Breach, Data Protection, Enforcement	See All Updates »
Chip English	When Food Production Leads to Prosecution Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained…more Certificates of Analysis, DOJ, EU, FDCA, Food Contamination	See All Updates »
David Ernst	When Food Production Leads to Prosecution Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained…more Certificates of Analysis, DOJ, EU, FDCA, Food Contamination	See All Updates »
Sarah S. Fallows	OIG Special Fraud Alert Labels Physician-Owned Distributorships (PODs) as “Inherently Suspect” The U.S. Department of Health & Human Services, Office of Inspector General (the “OIG”) issued a Special Fraud Alert (“Alert”) on March 26, underscoring its heightened focus on fraud and abuse risks posed by physician-owned…more Anti-Kickback Statute, Fraud, Healthcare, HHS, Medical Devices	See All Updates »
Eric Feder	The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital Content A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater…more Copyright, Digital Goods, First Sale Doctrine, Music, Redistribution	See All Updates »
Peter G. Finch	“Constitutionally Invalid” Recess Appointments Call NLRB’s Authority Into Question A federal Circuit Court of Appeals decision last Friday in Noel Canning v. NLRB was front page news across the country for good reason. The court held that President Obama’s Jan. 4, 2012, “recess appointments” to the National…more Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments	See All Updates »
James Flaggert	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	See All Updates »
Jean M. Flannery	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	See All Updates »
Jennifer Frewer	New Iran Sanctions Enactments Apply to U.S. Companies’ Foreign Affiliates and Subsidiaries, and Require SEC Reporting by Public Companies The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury enforces comprehensive sanctions that regulate, and largely forbid, most forms of trade and financial transactions by U.S. persons with Iran…more Cross-Border Transactions, Foreign Affiliates, Foreign Investment, Foreign Subsidiaries, Iran Sanctions	See All Updates »
Randy Gainer	Magistrate Recommends Lawsuit Against Global Payments Should Be Dismissed A federal Magistrate has recommended dismissal with prejudice of all of the cardholder plaintiffs’ claims against payment processor Global Payments, Inc. in a widely-reported data breach case…more Data Breach, Data Protection, Debit and Credit Card Transactions, Electronic Communications, FCRA	See All Updates »
Angela Galloway	Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant Cnty.,…more Disclosure Requirements, Healthcare, Hiring & Firing, Hospitals, Peer Review	See All Updates »
Michael Gelardi	FDA Food Safety Rulemaking Tour Heads to the Northwest The federal Food and Drug Administration (FDA) will hold a public meeting on FDA’s proposed food safety rules in Portland, OR on March 27-28. The rules implement portions of the recent Food Safety Modernization Act by imposing…more FDA, Food Contamination, Food Safety, FSMA	See All Updates »
Richard A. Gibbs	FCC Creates an Annual $400 Million Healthcare Connect Fund for Broadband Services and Infrastructure On Dec. 21, the FCC released its long-awaited Report and Order reforming its funding mechanisms for rural health care by creating a Healthcare Connect Fund (HCF) of $400 million annually…more Broadband, FCC, Healthcare, Healthcare Connect Fund, Rural Health Care Program	See All Updates »
Ryan Gist	FTC Announces Increases to Thresholds for Pre-Merger Notification and Limitations on Interlocking Directorates On Jan. 10, 2013, the Federal Trade Commission made its annual announcement of revisions to thresholds that determine whether companies must abide by the pre-merger filing and waiting period requirements set forth in the…more FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, Threshhold Requirements	See All Updates »
Jeff Glasser	California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on CBS Report About Conservatorships A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP motion,…more Actual Malice, Anti-SLAPP, Conservators, Defamation, Public Officials	See All Updates »
Richard Glick	Can We Please Talk About Outcomes for a Change??? I get it that environmental groups place strict compliance with regulatory controls at a premium. After all, the standards are designed to be protective of the resource, and they are The Law, which must be obeyed…more Compliance, Department of Environmental Quality, EPA, Water Quality Trading, Watershed	See All Updates »
Paul Glist	FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security On April 18, 2013, the Federal Communications Commission (FCC) Media Bureau granted Charter Communications a two-year waiver of the “integration ban” requirement (that most leased set-top boxes include CableCARDs), in order to…more Digital Downloads, FCC, Integrated Accessibility Standards, Waivers	See All Updates »
John A. Goldmark	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	See All Updates »
Patrick Green	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	See All Updates »
Adam H. Greene	Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits…more Business Associates, Covered Entities, Data Protection, Fundraisers, Healthcare	See All Updates »
Cary Greene	New Guidance Issued on Social Media Use for Alcohol Beverage Companies On Monday, the Alcohol & Tobacco Tax & Trade Bureau (“TTB”) released new guidance on the use of social media by alcohol beverage companies. The Industry Circular explicitly equates “social media” with “advertising,” and suggests…more Advertising, Disclosure Requirements, Marketing, Social Media, TTB	See All Updates »
Brad Guyton	FCC Releases Rules Requiring Accessibility of Browsers The Federal Communications Commission (FCC) released a Report and Order on April 29, 2013, reversing an earlier interpretation in its October 2011 rulemaking, and clarifying that Internet browsers used for advanced…more Advanced Communications Services Providers, FCC, Internet, Mobile Devices	See All Updates »
K.C. Halm	FCC Establishes Procedures for Challenging Subsidies to Incumbents Under the Connect America Fund The FCC has issued an order outlining the procedures by which broadband providers can challenge potential subsidies directed to incumbent providers in their service areas under the Connect America Fund (CAF) subsidy program…more Broadband, Connect America Fund, FCC, Subsidies, Wireless Industry	See All Updates »
Christine Hawkins	Same-Sex Marriage Cases: Are Your Benefit Plans Prepared? News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform the…more Benefit Plan Sponsors, DOMA, Employee Benefits, Employer Group Health Plans, Equal Protection	See All Updates »
Amelia Heath	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	See All Updates »
Christopher Helm	New Form I-9s Available; Must Use for New Hires and Reverifications After May 7, 2013 On Friday, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9 that employers should begin using for all new hires and reverifications. Employers may continue to use previously accepted revisions (I-9…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Karen Henry	The 9th Circuit Shows Luvdarts No Love Last week, the 9th Circuit affirmed the district court’s decision in Luvdarts, LLC, et al. v. AT&T Mobility, LLC, et al., dismissing with prejudice the vicarious and contributory infringement claims brought by Luvdarts, LLC and…more Copyright, Ludvarts v AT&T Mobility, Mobile Devices, Twombly/Iqbal Pleading Standard, Vicarious Infringement	See All Updates »
Joseph P. Hoag	EEOC’s Tough Enforcement Stance Against Criminal Background Checks Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion, and…more Arrest and Conviction Records, Criminal Background Checks, EEOC, Enforcement Guidance, Strategic Enforcement Plan	See All Updates »
Robert G. Homchick	Washington Attorney General's Office Opinion Undermines Electronic Health Records Donation Programs In 1949, the Washington Legislature enacted what has become known as the “anti-rebate statute,” codified as RCW Chapter 19.68. Rep. Eileen Cody recently asked the state Attorney General (AG)’s Office whether this statute allows…more Anti-Rebate Statutes, Charitable Donations, Clinical Laboratories, Electronic Health Record Incentives, Electronic Medical Records	See All Updates »
Paul B. Hudson	FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security On April 18, 2013, the Federal Communications Commission (FCC) Media Bureau granted Charter Communications a two-year waiver of the “integration ban” requirement (that most leased set-top boxes include CableCARDs), in order to…more Digital Downloads, FCC, Integrated Accessibility Standards, Waivers	See All Updates »
Lawton Humphrey	EEOC’s Tough Enforcement Stance Against Criminal Background Checks Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion, and…more Arrest and Conviction Records, Criminal Background Checks, EEOC, Enforcement Guidance, Strategic Enforcement Plan	See All Updates »
Brian J. Hurh	FTC Annual Letter to the CFPB The FTC recently released its annual letter to the CFPB on recent FTC enforcement actions related to the Truth in Lending Act, the Consumer Leasing Act, the Electronic Fund Transfer Act, and the Equal Credit Opportunity Act…more CFPB, FTC	See All Updates »
James Ireland	U.S. Court of Appeals for the D.C. Circuit Upholds FCC’s April 2011 Pole Attachment Order In a significant victory for cable and telecommunications providers, today the U.S. Court of Appeals for the District of Columbia Circuit, in a unanimous opinion, upheld the FCC’s April 2011 decision (2011 Pole Order) lowering…more Cable Television Providers, FCC, ILEC, National Broadband Plan, Pole Attachment Order	See All Updates »
Peter Isola	California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to…more Bank of America, Borrowers, Foreclosure, Fraud Exception, Lenders	See All Updates »
Barbara Jost	Pipeline Companies Look to Take Advantage of Natural Gas Produced from Shale The Tennessee Gas Pipeline Co. made a filing with the FERC proposing to transform one of its existing lean gas lines into effectively a gathering line to move wet gas from gas fields within the Utica Shale play to…more FERC, Natural Gas, Pipelines, Shale Gas	See All Updates »
Mike Jungreis	Regulatory Issues Cause ConocoPhillips to Join Shell Oil in Suspending its Drilling Program in Arctic Waters off Alaska Today, ConocoPhillips announced that it is suspending its drilling program in the Chukchi Sea off the northwest coast of Alaska for 2014, due to uncertainty regarding the changing regulatory requirements. …more Arctic Drilling, ConocoPhillips, Offshore Drilling	See All Updates »
Nicholas Kampars	When Food Production Leads to Prosecution Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained…more Certificates of Analysis, DOJ, EU, FDCA, Food Contamination	See All Updates »
Judith Droz Keyes	“Constitutionally Invalid” Recess Appointments Call NLRB’s Authority Into Question A federal Circuit Court of Appeals decision last Friday in Noel Canning v. NLRB was front page news across the country for good reason. The court held that President Obama’s Jan. 4, 2012, “recess appointments” to the National…more Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments	See All Updates »
Richard Klobucher	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	See All Updates »
Ame Wellman Lewis	EPA Releases Proposed Cleanup Plan for Lower Duwamish Waterway Yesterday, EPA released a proposed plan for cleanup of the Lower Duwamish Waterway Superfund Site. The release kicks off the 105-day public comment period. EPA estimates that the cleanup will cost $305 million…more Contamination, EPA, Superfund	See All Updates »
Douglas Lloyd	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	See All Updates »
G. Matthew Loftin	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	See All Updates »
Ronald London	FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for…more Echostar, FCC, Liability, TCPA, Third-Party	See All Updates »
Andrew Lorentz	DWT Joins RAMP Advisory Board Davis Wright Tremaine (DWT) has recently joined the advisory board of the RAMP Advanced Commerce and Mobile Retail Services Summit (www.retailramp.com), an organization focused on bringing together retailers, restaurants and…more	See All Updates »
Randall B. Lowe	FCC Creates an Annual $400 Million Healthcare Connect Fund for Broadband Services and Infrastructure On Dec. 21, the FCC released its long-awaited Report and Order reforming its funding mechanisms for rural health care by creating a Healthcare Connect Fund (HCF) of $400 million annually…more Broadband, FCC, Healthcare, Healthcare Connect Fund, Rural Health Care Program	See All Updates »
Peter Luce	FTC Solicits Input on Possible Ban of Payment Methods Preferred by Fraudsters The Federal Trade Commission (“FTC”) announced today that it is seeking public commentary on proposed changes to the Telemarketing Sales Rule (“TSR”) that would ban the use of the following types of payments by telemarketers and…more Fees, Fraud, FTC, Scams, Telemarketing Sales Rule	See All Updates »
James H. Mann	Authorities Regarding GLBA Privacy and the FCRA One of PLA’s missions is to facilitate knowledge-management for payments practitioners. Pursuant to that mission, PLA is today posting four fundamental, but not always easily accessed, authorities regarding GLBA privacy and the…more FCRA, GLBA Privacy	See All Updates »
Lynn Manolopoulos	City of Seattle and King County Agree to Major Upgrades to Settle Discharge Violations To settle an enforcement action by the U.S. Environmental Protection Agency (“EPA”) and the State of Washington (“State”), King County and the City of Seattle have agreed to complete major upgrades to their local sewage and…more Contamination, Discharge of Pollutants, EPA, National Pollutant Discharge Elimination System, Settlement	See All Updates »
Chrys A. Martin	EEOC’s Tough Enforcement Stance Against Criminal Background Checks Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion, and…more Arrest and Conviction Records, Criminal Background Checks, EEOC, Enforcement Guidance, Strategic Enforcement Plan	See All Updates »
Hugh McCullough	"New Value" Plans Require Competitive Bidding, Says 7th Circuit In a decision issued yesterday, the 7th Circuit Court of Appeals held that insiders can't be given a special opportunity to invest in a bankrupt debtor under the guise of contributing "new value" unless the debtor makes the same…more Absolute Priority Rule, Chapter 11, Competitive Bidding, Debtors, Investment Opportunities	See All Updates »
Elizabeth McNamara	AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online…more Associated Press, Copyright, Fair Use, Infringement, Meltwater News	See All Updates »
Fraser Mendel	China’s New Online Information Protection Law On Dec. 28, 2012, the Standing Committee of China’s National People’s Congress enacted a 12-article Decision on Strengthening Online Information Protection (the “Decision”), without public consultation and after just one…more China, Data Protection, Internet, Internet Privacy Protection Acts, ISPs	See All Updates »
James Mitchell	Senator Wyden Urges FERC to Support Regional Flexibility in Order No. 1000 Compliance Filings by Northwestern Utilities In a letter to FERC Chairman Jon Wellinghoff dated March 5, 2013, Senator Ron Wyden (D-OR), the new Chairman of the Senate Energy and Natural Resources Committee, strongly urged the FERC to support principles of regional…more FERC, Order No. 1000, Tariffs	See All Updates »
Malcolm Moore	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	See All Updates »
Minh Ngo	Demand for New H-1Bs Anticipated to Be High: File April 1, 2013 for Oct. 1, 2013 Start Date April 1, 2013 will be the first opportunity to file new H-1B petitions for employers wishing to hire new H-1B workers for an Oct. 1, 2013 start date. Because it is likely that the cap on the number of H-1Bs will be quickly…more H-1B, Visa Caps, Visas	See All Updates »
Andrew Owens	Bureau Proposes Further Revisions to Remittance Transfer Rules On December 31, 2012, the Consumer Financial Protection Bureau (“Bureau”) published in the Federal Register revisions (“Proposal”) to rules on international remittance transfers that the agency published in February 2012 and…more CFPB, Disclosure Requirements, International Remittance Transfers, Remittance Transfer Rule, Third-Party	See All Updates »
Collin Peng-Sue	AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online…more Associated Press, Copyright, Fair Use, Infringement, Meltwater News	See All Updates »
Candice Petty	Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or…more Affirmative Action, Appeals, Compliance, Consent, Healthcare	See All Updates »
Vidhya Prabhakaran	Cap and Trade Auction Results Are In! Every allowance that was offered in the auction was sold at a settlement price of $14.00 per allowance. The highest bid price was $50.01 with the mean bid price $16.67 and the median bid price $13.49. In total, the 2013…more Auction, Bids, Cap-and-Trade	See All Updates »
Edwin D. Rauzi	New Omnibus Rule Released: HIPAA Puts on More Weight On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability Act…more Business Associates, Covered Entities, Data Breach, Data Protection, Enforcement	See All Updates »
Richard Rawson	Demand for New H-1Bs Anticipated to Be High: File April 1, 2013 for Oct. 1, 2013 Start Date April 1, 2013 will be the first opportunity to file new H-1B petitions for employers wishing to hire new H-1B workers for an Oct. 1, 2013 start date. Because it is likely that the cap on the number of H-1Bs will be quickly…more H-1B, Visa Caps, Visas	See All Updates »
Dana Reid	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	See All Updates »
Christopher Robinson	The Second Circuit Weighs in on Transformativeness in the Visual Arts A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts. …more Copyright, Fair Use, Photographs, Transformativeness	See All Updates »
James Rosenfeld	The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital Content A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater…more Copyright, Digital Goods, First Sale Doctrine, Music, Redistribution	See All Updates »
Karen Ross	50 State Survey of Gift Card Laws The National Conference of State Legislatures (NCSL) recently released a chart that provides an overview of state gift card statutory requirements in all US states and territories as of mid-March 2013…more Gift-Cards, Surveys	See All Updates »
Alison Schary	AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online…more Associated Press, Copyright, Fair Use, Infringement, Meltwater News	See All Updates »
Harvey Schochet	California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to…more Bank of America, Borrowers, Foreclosure, Fraud Exception, Lenders	See All Updates »
Bob Scott	Executive Order and Policy Directive Promotes Cybersecurity Cooperation and Intelligence Sharing On February 12, 2012, President Obama signed an Executive Order as well as a complementary Presidential Policy Directive intended to improve the flow of information and cyber-threat intelligence between government agencies and…more Barack Obama, Cybersecurity, Cybersecurity Framework, DHS, Enhanced Cybersecurity Services	See All Updates »
John Seiver	California District Court Finds National Security Letter Statute Unconstitutional Last week, in In re National Security Letter, the United States District Court for the Northern District of California found unconstitutional two sections of the federal law allowing the FBI to issue “National Security Letters”…more FBI, First Amendment, ISPs, National Security, National Security Letters	See All Updates »
Peter Sergienko	States Consider Legislative Proposals Regulating Toxic Chemicals in Consumer Products There is high and growing concern among the general public regarding adverse health effects from exposures to toxic chemicals in consumer products, especially from exposures to children. These concerns initially came to a head…more Consumer Product Safety Commission, Consumer Product Safety Improvement Act, Proposed Legislation, Toxic Exposure	See All Updates »
Kerry Shea	First Cap & Trade Auction Results The California Air Resources Board (CARB) released the results from the first California CO2 emissions allowance auction held last week. CARB’s initial assessment is that the auction was a success. It went off without any…more Cap-and-Trade, CARB	See All Updates »
Xiangjun Si	Single Purpose Commercial Prepaid Cards and Their Implementing Practices in Shanghai In September 2012, the Ministry of Commerce (“MOFCOM”) issued the Administrative Measures on Single Purpose Commercial Prepaid Cards (Tentative) (“Single Purpose Cards Measures”), which took effect on Nov. 1, 2012, and provide…more China, Hotels, Licenses, Logos, MOFCOM	See All Updates »
David M. Silverman	Broadcast Station Reminder: Quarterly Issues/Programs Lists and Children’s TV Programming Reports Due April 10, 2013—TV Stations to Post Online By April 10, 2013, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February and …more Broadcasting, Children's TV Programming, Disclosure Requirements, FCC, Licenses	See All Updates »
Devin M. Smith	Decriminalization of Marijuana – Impact on Washington Employers? On Nov. 6, 2012, Washington voters approved Initiative 502 (“I-502”), which decriminalizes certain cultivation, sale, possession, and use of marijuana. The new law—which becomes effective Dec. 6, 2012—establishes a complex…more Marijuana	See All Updates »
James M. Smith	FCC Creates an Annual $400 Million Healthcare Connect Fund for Broadband Services and Infrastructure On Dec. 21, the FCC released its long-awaited Report and Order reforming its funding mechanisms for rural health care by creating a Healthcare Connect Fund (HCF) of $400 million annually…more Broadband, FCC, Healthcare, Healthcare Connect Fund, Rural Health Care Program	See All Updates »
Eric Stahl	Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant Cnty.,…more Disclosure Requirements, Healthcare, Hiring & Firing, Hospitals, Peer Review	See All Updates »
Linda Steinman	AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online…more Associated Press, Copyright, Fair Use, Infringement, Meltwater News	See All Updates »
Dipa N. Sudra	Same-Sex Marriage Cases: Are Your Benefit Plans Prepared? News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform the…more Benefit Plan Sponsors, DOMA, Employee Benefits, Employer Group Health Plans, Equal Protection	See All Updates »
T. Scott Thompson	Supreme Court Upholds FCC Authority to Address Wireless Siting The Supreme Court today issued its decision in City of Arlington v. FCC—the case challenging the FCC’s 2009 “Shot Clock” declaratory ruling. The Supreme Court affirmed the Fifth Circuit, holding that Chevron deference applies to…more FCC, Preemption, SCOTUS, Shot Clock, Wireless Industry	See All Updates »
Kent B. Thurber	New Omnibus Rule Released: HIPAA Puts on More Weight On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability Act…more Business Associates, Covered Entities, Data Breach, Data Protection, Enforcement	See All Updates »
Katharine Tylee	Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or…more Affirmative Action, Appeals, Compliance, Consent, Healthcare	See All Updates »
David Ubaldi	Logging Roads Get A Pass – At Least For Now Yesterday, in a 7-1 decision with Justice Scalia the lone dissenter, the U.S. Supreme Court handed a major victory to the forest products industry. As it does so often, the Court reversed a Ninth Circuit ruling that had required…more Clean Water Act, Discharge of Pollutants, EPA, Logging, Permits	See All Updates »
Megan Vogel	Demand for New H-1Bs Anticipated to Be High: File April 1, 2013 for Oct. 1, 2013 Start Date April 1, 2013 will be the first opportunity to file new H-1B petitions for employers wishing to hire new H-1B workers for an Oct. 1, 2013 start date. Because it is likely that the cap on the number of H-1Bs will be quickly…more H-1B, Visa Caps, Visas	See All Updates »
Vincent Wang	Developments in Chinese Mobile and E-Payments The year end is seeing many potentially significant developments in mobile and electronic payments in China. Several of these developments are noted below…more China, E-Banking, Mobile Payments, People's Bank of China	See All Updates »
Laura Warf	Public Company Alert: “Fraud-on-the-Market” Presumption Adopted in Oregon Securities Case With the recent Oregon Supreme Court case State of Oregon v. Marsh & McLennan Companies and Marsh Inc., Oregon is among the first states to recognize the “fraud-on-the-market” theory in securities cases…more Fraud-on-the-Market, Marsh & McLennan Companies, Securities Fraud, State Securities Claims	See All Updates »
Rochelle Wilcox	California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on CBS Report About Conservatorships A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP motion,…more Actual Malice, Anti-SLAPP, Conservators, Defamation, Public Officials	See All Updates »
Marcus J. Williams	Public Company Alert: “Fraud-on-the-Market” Presumption Adopted in Oregon Securities Case With the recent Oregon Supreme Court case State of Oregon v. Marsh & McLennan Companies and Marsh Inc., Oregon is among the first states to recognize the “fraud-on-the-market” theory in securities cases…more Fraud-on-the-Market, Marsh & McLennan Companies, Securities Fraud, State Securities Claims	See All Updates »
Rebecca L. Williams	Deadline Approaches for Reporting 2012 Small Breaches HIPAA covered entities have through Friday, March 1, 2013, to report small breaches of unsecured protected health information that occurred in calendar year 2012 to the U.S. Department of Health and Human Services (HHS). A small…more Data Breach, HHS, HIPAA, HIPAA Omnibus Rule, Notice Requirements	See All Updates »
Erica Wilson	What Merchants Need to Know About the Mobile Payments Services Ecosystem: Patent Infringement Disputes At LSI’s Merchant Strategies for Mobile Payments Conference in Seattle on May 14, DWT’s Erica Wilson presented on the topic of “What Merchants Need to Know About How the Key Players in the Mobile Payments Services Ecosystem…more Mobile Payments	See All Updates »
Ryan York	SEC Approves New Corporate Governance Listing Standards for Compensation Committees and Advisers On Jan. 11, 2013, the Securities and Exchange Commission (the “SEC”) approved amended corporate governance listing standards for the New York Stock Exchange (the “NYSE”) and the Nasdaq Stock Market (the “Nasdaq”). The amended…more Compensation Committee, Dodd-Frank, Independence Rules, Listing Standards, Nasdaq	See All Updates »
Lin Zhu	China’s New Online Information Protection Law On Dec. 28, 2012, the Standing Committee of China’s National People’s Congress enacted a 12-article Decision on Strengthening Online Information Protection (the “Decision”), without public consultation and after just one…more China, Data Protection, Internet, Internet Privacy Protection Acts, ISPs	See All Updates »

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