Davis Wright Tremaine LLP

1201 Third Avenue Suite 2200
Seattle, Washington 98101-3045, United States

Contact: Justin Shaw

  • 877.398.8417

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data

Recent comments filed by various stakeholders in response to the U.S. Commerce Department’s National Telecommunications and Information Administration’s (NTIA) Request for Public Comment (RFC) on “Big Data and Consumer Privacy…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

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
| Construction Law, Energy & Utilities, Environmental Law, Taxation

New York Becomes First State to Propose Virtual Currency Regulations

On July 17, 2014, the New York State Department of Financial Services (DFS) became the first state agency to release proposed regulations specifically governing the crypto-currency industry. The proposed regulations were…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Grant Recipients Likely to Accept a 50 Percent Share of Cleanup Costs Under New Washington Grant Funding Rule

The new Department of Ecology (Ecology) grant funding rules, which are expected to go into effect in September 2014, will change the way grant recipients resolve contribution claims against other liable parties under the Model…more
| Environmental Law, Finance & Banking, Toxic Torts, Government Contracting, Real Estate - Commercial

FTC Undertakes Period Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

Are REITs a Viable Strategy for Communications Companies?

Windstream Holdings, Inc. recently announced plans to spin off its copper, fiber and other fixed real estate assets into an independent publicly traded real estate investment trust (REIT). Windstream received a private letter…more
| Communications & Media Law, Finance & Banking, Taxation, Real Estate - Commercial

Alaska Department of Natural Resources Seeks Comment on Precedent-Setting Instream Flow Water Right

Instream flow rights can be controversial among consumptive water users because they decrease the legally available supply of water for other uses that may arise in the future. Conversely, instream flow rights are often…more
| Energy & Utilities, Environmental Law

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

FCC Soliciting Comments on Expanding Online Public File Requirements to Cable TV, Satellite and Radio Broadcasters

In 2012, the Federal Communications Commission (FCC) required broadcast television stations to begin uploading all of their public files to an online FCC database. At the time, however, the FCC declined to expand that…more
| Communications & Media Law

Pass or Fail? Sens. Markey and Hatch Introduce “Protecting Student Privacy Act” Seeking to Amend FERPA, Increase Protection of Student PII Shared with Private Companies

On July 30, 2014, Sen. Edward J. Markey, D-Mass., made good on his earlier promise to beef up the Family Educational Rights and Privacy Act of 1974 (FERPA) to provide heightened protections for student educational records shared…more
| Education, Elections & Politics, Privacy, Science, Computers, & Technology

FTC Examines Pre-Download Consumer Disclosures of Mobile Shopping Applications; Makes Recommendations Applicable to All Consumer Data

Continuing its examination of consumer protection issues in the mobile payments sphere, on August 1, 2014, the FTC released a staff report examining the pre-download disclosures of mobile shopping applications to evaluate the…more
| Antitrust & Trade Regulation, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

NLRB Will Charge McDonald’s as “Joint Employer” For Franchisee Labor Violations

In a move with far-reaching ramifications for all businesses that license their brands to independent contractors including franchisees, the National Labor Relations Board (“NLRB”) announced on July 29, 2014 that it has…more
| Labor & Employment Law, Franchise Law

Ninth Circuit Rejects CERCLA Settlement, Declines to Give Deference to State Agency

On August 1, 2014, a divided panel of the Ninth Circuit reversed a district court’s approval of a multi-party settlement at an Arizona waste site. State of Arizona v. Ashton Company Incorporated Contractors and Engineers, et…more
| Administrative Law, Civil Procedure, Environmental Law, Real Estate - Commercial

Rhode Island Hospital’s Breach of Health Information Leads to Settlement with Massachusetts Attorney General

On July 23, 2014, the Massachusetts attorney general announced a settlement with Women & Infants Hospital of Rhode Island (WIH) over the loss of unencrypted backup tapes. WIH agreed to pay $150,000 and undertake numerous…more
| Privacy, Health, Science, Computers, & Technology

Fifth Circuit Rejects Application of Sackett to Corps’ Jurisdictional Determination

In Belle Company, LLC et al v. USACE, No. 13-30262 (July 30, 2014), the Fifth Circuit rejected an effort to apply the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), to a determination by the Army Corps of…more
| Administrative Law, Civil Procedure, Environmental Law, Zoning, Planning & Land Use
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Areas of Practice
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