Perkins Coie

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131 S Dearborn
Suite 1700
Chicago, Illinois 60603-5559, United States
Phone: 206.359.8000
Fax: 206.359.9000
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alaska
  • Arizona
  • California
  • Colorado
  • D.C.
  • Idaho
  • Illinois
  • New York
  • Oregon
  • Texas
  • Washington
  • Wisconsin
Other Countries
  • China
  • Taiwan
Number of Attorneys
1,000+ Attorneys

A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

President Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.), on August 9, 2023,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, China, Compliance, Corporate Governance

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Hydrogen Time? New Possibilities for Energy Companies in the Public Sector

Two decades ago, well before the current electric vehicle (EV) upsurge, hydrogen was a conceptual pillar of the clean energy movement. In his 2003 State of the Union address, then-President Bush said, “A simple chemical reaction…more

Applications, Clean Energy, Department of Energy (DOE), Electric Vehicles, Electricity

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CFPB Files Petition for Writ of Certiorari Seeking Expedited Review of Fifth Circuit Decision Finding Funding Structure Unconstitutional

The Consumer Financial Protection Bureau has survived many constitutional challenges since it was created by the Consumer Financial Protection Act, 12 U.S.C. §§ 5481, et seq. (the “Act”), in 2011. But on October 19, 2022, the…more

Appropriations Bill, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Payday Lending Rule

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Notable Ruling: What’s In Your Water?

In its recent ruling in Weiss v. Trader Joe’s Company, the Central District of California faced the question of whether certain statements on product labels promoting high-alkalinity water were false and misleading or simply…more

Drinking Water, False Advertising, False Statements, Leave to Amend, Motion to Dismiss

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President Issues Executive Order to Block Assets of Foreign Cyber Attackers

President Obama recently issued Executive Order 13694 (EO 13694 or EO), “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities.” EO 13694 is aimed at deterring cyber attacks, cyber…more

Barack Obama, Blocked Entities, Blocked Person, CTIIC, Cyber Attacks

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County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public…more

Appeals, Appellate Courts, CEQA, Compliance, Easements

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FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the truth-in-advertising…more

Advertising, Brand, Copyright, Disclosure, Disclosure Requirements

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With Specific Focus on Crypto, SEC Revisits Proposed “Exchange” Definition Changes

The U.S. Securities and Exchange Commission (the SEC or the Commission) voted on Friday, April 14, 2023, to reopen the comment period for previously proposed amendments to Rule 3b-16 under the Exchange Act of 1934 (the Exchange…more

Broker-Dealer, Comment Period, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

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How AI and Automated Systems Use Can Lead to Discrimination in Hiring

Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity…more

Artificial Intelligence, Automation Systems, Bias, Employees, Employer Liability Issues

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Inter Partes Review Proceedings: A Third Anniversary Report

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become the…more

America Invents Act, Apple, Claim Construction, Discovery, Estoppel

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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Client Alert: COVID-19 Preparedness Plan Requirements For NY Virtual Currency Businesses

On March 10, the New York State Department of Financial Services (DFS) issued guidance and a request for assurance to financial institutions engaged in virtual currency business activity in New York. The request requires…more

Coronavirus/COVID-19, Financial Services Industry, NYDFS, Virtual Currency

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Trends To Watch In Cyber Liability and Reputational Insurance

With major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber liability…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, D&O Insurance, Data Breach

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Federal Merger Enforcement Increases To Highest Level In Five Years

Hart-Scott-Rodino Filings Decreased Slightly in 2012, but Percentage of Investigations Leading to Second Requests and Enforcement Actions Increased; FTC Continues to Enforce HSR Act in Connection with Corporate Officers' and…more

Board of Directors, Compliance, Corporate Governance, Corporate Officers, Corruption

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FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

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Risks Of Tribute Advertisements Are Focus Of Seventh Circuit Decision

Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again…more

Advertising, Celebrities, First Amendment, Right of Publicity

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Distressed Cannabis: Growing Room for Bankruptcy in Ninth Circuit

Tough economic conditions are leaving cannabis businesses with fewer financing and transaction options. Chapter 11 bankruptcy, a tool which many businesses have used to reorganize or liquidate, has historically been inaccessible…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Court, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11

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What is Patent Term Adjustment and Why Does It Matter?

For patents granted on applications filed on or after June 8, 1995, the enforceable patent term begins on the day the patent issues and generally expires 20 years from the earliest effective filing date of the application. …more

Exelixis, Novartis, Patent Prosecution, Patent Term Adjustment, Patents

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SEC Adopts New Disclosure Requirements for Mining Companies

The Securities and Exchange Commission recently adopted amendments to modernize the rules relating to property disclosure requirements for mining registrants, and Industry Guide 7 (Guide 7), under the Securities Act of 1933, as…more

Amended Regulation, CRIRSCO, Disclosure Requirements, Final Rules, Mineral Exploration

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Online Safety Risk Assessments Have Arrived: Five Steps for Building a Globally Adaptable Process

Safety risk assessments are becoming a preferred regulatory tool around the world. Online safety laws in Australia, Ireland, the United Kingdom, and the United States will require a range of providers to evaluate the safety and…more

Data Security, Digital Media, Digital Services, EU, Online Safety for Children

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Fintech Week in Review - April 2021

Federal Financial Regulators Seek Information on the Use of AI by Financial Institutions - On March 29, 2021, five federal financial regulatory agencies (the Federal Reserve, CFPB, FDIC, OCC, and NCUA) announced a request for…more

Anti-Money Laundering, Bank Secrecy Act, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, CSBS

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Medicare Appeals Panel Invalidates National Coverage Determination Prohibiting Coverage for Gender Reassignment Surgery

On May 30, 2014, the Departmental Appeals Board (DAB) issued a decision invalidating the long-standing National Coverage Determination (NCD) prohibiting Medicare payment for transsexual surgery (now known as gender reassignment…more

Healthcare, Medicare, Surgery, Transgender

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USPTO Finalizes Rules Implementing the Trademark Modernization Act

When Congress passed the Trademark Modernization Act of 2020 (TMA) on December 18, 2020, giving both the U.S. Patent and Trademark Office (USPTO) and trademark owners additional tools to reduce clutter and improve the integrity…more

Deadlines, Ex Partes Reexamination, Expungement, Trademark Modernization Act (TMA), Trademark Registration

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FERC Proposes To Update Its Backstop Siting Authority for Electric Transmission Facilities

The Federal Energy Regulatory Commission (FERC) on December 15, 2022, issued a notice of proposed rulemaking (NOPR) to update its regulations governing backstop siting authority for electric transmission projects..…more

Electricity, Energy Projects, Energy Sector, FERC, Infrastructure Investment and Jobs Act (IIJA)

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Enforcement of CPRA Regulations Delayed but Don’t Abandon Privacy

The day before the California Privacy Rights Act (CPRA) became enforceable on July 1, we learned that enforcement of the first set of implementing regulations finalized by the California Privacy Protection Agency (CPPA) under…more

California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Privacy Laws, Proposed Regulation, Regulatory Agenda

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Washington State’s New My Health My Data Act Will Likely Result in Insurance Coverage Disputes

Washington state recently passed the My Health My Data Act (the Act), which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes. The measure is intended to protect…more

Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cyber Insurance, DATA Act

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SBA Releases New PPP Loan Forgiveness Application Forms Paycheck Protection Program Flexibility Act Guidance

The Small Business Administration (SBA), on June 16, 2020, released new loan forgiveness application forms and corresponding instructions for borrowers seeking forgiveness of their Paycheck Protection Program (PPP) loans. On…more

Borrowers, CARES Act, FTEs, Interim Final Rules (IFR), Loan Forgiveness

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Patents in the Emerging World of NewSpace

The NewSpace industry is seeing an increase in space launches and new entrants to the field. Technological advances are driving growth, including a steady pace of new innovations. Companies engaged in this progressive market…more

Capital Raising, Emerging Growth Companies, Emerging Technology Companies, Innovation, Intellectual Property Protection

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CEQ Issues Guidance on Evaluating Greenhouse Gas and Climate Change Effects Under NEPA

The Council on Environmental Quality (CEQ) published guidance on January 9, 2023, regarding how to evaluate greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act (NEPA), which requires…more

CEQ, Climate Change, Environmental Justice, Environmental Policies, Greenhouse Gas Emissions

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Another Round of PPP Loans Approved by Congress, With Yet Additional Changes to the Program

The U.S. Senate and House of Representatives, on December 21, 2020, approved H.R. 133, referred to as the “Consolidated Appropriations Act, 2021.” This advances to the president legislation to provide appropriations for 2021 and…more

Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans

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Trans-Pacific Partnership Publicly Released, Approval is Next Hurdle

One month after announcing the conclusion of negotiations, the Office of the United States Trade Representative (USTR) today released the full text of the Trans-Pacific Partnership agreement (TPP). The TPP’s 12 partner…more

Popular, Tariffs, Trade Agreements, Trade Policy, Trade Relations

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Is the New Idaho Benefit Corporation Act Right for Your Company?

Idaho recently joined the ranks of the District of Columbia and 26 other states that have passed benefit corporation legislation. The Idaho Benefit Corporation Act, S.B. 1076, becomes effective July 1, 2015, and provides new…more

Benefit Corporations, Business Formation, Choice of Entity, Public Benefits

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Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and Deferrals

Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings have…more

Abatement, Bankruptcy Code, Bankruptcy Court, Borrowers, Coronavirus/COVID-19

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Ninth Circuit Affirms District Court’s Dismissal of Claims as Preempted by NLRA and Class Action Settlement

The U.S. Court of Appeals for the Ninth Circuit, on March 18, 2022, applying de novo review, affirmed the district court’s dismissal of plaintiff Cesar Moreno’s wrongful termination claims against his former employer,…more

Appeals, CA Supreme Court, Class Action, Class Action Settlement, De Novo Standard of Review

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Federal Circuit Rules Out State-Law Remedies for Failure to Participate in the Biosimilars "Patent Dance"

On December 14, the Federal Circuit issued a decision that further clarifies the ground rules for disclosures of product information by manufacturers of biosimilar pharmaceutical products. In particular, the Federal Circuit…more

aBLA, Amgen, Biosimilars, BPCIA, FDA Approval

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USPTO Announces COVID-19 Prioritized Examination Pilot Program for Small Entity and Micro Entity Applicants

On May 8, the United States Patent and Trademark Office (USPTO) announced a new COVID-19 Prioritized Examination Pilot Program (CPEPP). This pilot program grants prioritized examination to applicants qualifying for small or…more

Coronavirus/COVID-19, Filing Requirements, Prioritized Examination, USPTO, USPTO Pilot Program

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SEC Speaks Out on SPACs

When a significant volume of capital is raised from investors through nontraditional capital markets transactions, the U.S. Securities and Exchange Commission (SEC) is sure to follow with increased scrutiny. The SEC made that…more

Capital Investments, Capital Markets, Corp Fin, Disclosure Requirements, Initial Public Offering (IPO)

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USPTO Waives Certain Patent Document and Fee Deadlines

The director of the United States Patent and Trademark Office (USPTO) announced on March 31, 2020, a 30-day extension of statutory deadlines for filing certain patent-related documents and paying associated fees so long as…more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Filing Fees, Intellectual Property Protection

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Navigating Yates Memo Minefield and Broadening of Excess Side-A DIC D&O Insurance Policies

Former Deputy Attorney General Sally Yates issued a memorandum (the Yates Memo) in September 2015 setting forth guidance on how the U.S. Department of Justice would handle future corporate investigations and, to the extent…more

Corporate Misconduct, Corporate Officers, D&O Insurance, Department of Justice (DOJ), Directors

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Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court…more

CERCLA, Clean-Up Costs, Contaminated Properties, Hazardous Substances, MTCA

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Top 10 Litigation Risks and Trends for Retailers

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims…more

Advertising, Americans with Disabilities Act (ADA), Arbitration, Class Action, Cyber Insurance

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California Consumer Privacy Act Litigation Year in Review 2021

California has the most comprehensive privacy law in the United States. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and regulates any “business” that does business in California. The CCPA…more

Business Litigation, California, California Consumer Privacy Act (CCPA), Class Action, Consumer Privacy Rights

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Virtual Currencies: International Actions and Regulations

In addition to issuing warnings about their use, Argentina has suggested an increased interest in virtual currency transactions by requiring financial institutions and other entities to report virtual currency transactions..…more

Bitcoin, Digital Currency, Financial Institutions, Virtual Currency, Young Lawyers

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Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan Scrutiny

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings…more

Constitutional Challenges, Dolan v City of Tigard, George Sheetz v County of El Dorado, Impact Fees, Land Developers

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FAA Issues Much-Anticipated Drone Rules

The holidays came a bit late this year for stakeholders in the unmanned aircraft industry when, on December 28, 2020, the Federal Aviation Administration (FAA) released its long-awaited rules on Remote ID, operations over people…more

Drones, Federal Aviation Administration (FAA), Licensing Rules, Privacy Concerns, Proposed Rules

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IRS Broadens Offshore Amnesty Program

Over the last several years, the Internal Revenue Service (IRS) has focused its efforts on enforcement of U.S. laws with respect to offshore assets held by U.S. citizens and residents, including their tax payment and reporting…more

Amnesty, CID, Enforcement, FATCA, FBAR

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Washington Court of Appeals Limits B&O Tax Deduction for Investment Income

The Washington Court of Appeals has held that investment funds are subject to Washington state business and occupation (B&O) tax on their investment income. Although Washington law allows taxpayers to deduct “amounts derived…more

Emerging Growth Companies, Estate Planning, Income Taxes, Investment, IRS

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Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.” In a unanimous opinion, the court reversed a…more

CA Supreme Court, False Advertising, Food Labeling, Food Marketing, Organic

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Expansion of Hospital Tort Liability in Washington

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and…more

Healthcare, Hospitals, Indemnification Clauses, Independent Contractors, Insurance Industry

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Bioengineered Foods: USDA Solicits Comments on Potential Revisions to Digital Disclosure Option

USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National…more

Bioengineering, Disclosure Requirements, Food Labeling, Food Manufacturers, Genetically Engineered Animals

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COVID-19 and Force Majeure: Time to Review Your Commercial Contracts

Parties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or…more

Arbitration, Clear Channel, Coal-Fired Plants, Contract Terms, Coronavirus/COVID-19

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Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust Regulations

Alaskans should prepare for major changes to the unique legal framework governing tribal lands in Alaska. In mid-November, the U.S. Department of the Interior (DOI) announced that it can acquire lands in trust for Alaska’s 231…more

Alaska, Alaska Native Claims Settlement Act (ANCSA), Biden Administration, Department of the Interior, Indian Tribal Trusts

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New Jersey Buries the Needle on Electric Vehicles With New Legislation

New Jersey Governor Phil Murphy signed landmark legislation (S2252/A4819) on January 17, 2020 that is poised to dramatically accelerate the electrification of New Jersey’s transportation sector. The legislation increases state…more

Charging Stations, Electric Vehicles, Greenhouse Gas Emissions, Incentives, National Emissions Standards

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges…more

Advertising, Artificial Intelligence, Consumer Privacy Rights, COPPA, Corporate Counsel

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District of Arizona Evaluates Restrictive Covenants

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation…more

Arizona, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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US Fish and Wildlife Service Proposes to Revoke Recent MBTA Final Rule

The U.S. Fish and Wildlife Service (Service) issued a proposed rule to revoke the Service’s January 7, 2021, final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury…more

Final Rules, Migratory Bird Treaty Act (MBTA), Proposed Rules, Revocation, US Fish and Wildlife Service

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“I’m Sorry, Dave, I’m Afraid I Can’t Invent That” USPTO Holds That an Artificial Intelligence (AI) Cannot Be an Inventor

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t do…more

Artificial Intelligence, Computer-Related Inventions, Corporate Counsel, Intellectual Property Protection, Inventors

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Conflicted Transactions: Cleansing Process Only Effective if Procedures Are Rigorously Followed

In today’s difficult economic environment, many companies—including those in the portfolios of private equity and venture capital funds—are struggling financially. For some, a transaction in which a private equity sponsor or a…more

Investors, Nasdaq, Private Equity, Shareholders

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NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including certain…more

Attorney's Fees, Class Action, Consumer Contracts, Online Platforms, Statutory Damages

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DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation Programs

The U.S. Department of Justice (DOJ) on March 3, 2023, unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs (ECCP) regarding corporate compensation incentives…more

Clawbacks, Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ)

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DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation Programs

The U.S. Department of Justice (DOJ) on March 3, 2023, unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs (ECCP) regarding corporate compensation incentives…more

Clawbacks, Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ)

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Expansion of Hospital Tort Liability in Washington

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and…more

Healthcare, Hospitals, Indemnification Clauses, Independent Contractors, Insurance Industry

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D.C. Circuit Rules That CFTC – Not FERC – Has Authority To Regulate Futures Trades

On March 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over natural gas futures contracts and that the Federal…more

CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas

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Political Contributions for the 2020 Election: What Prospective Donors Should Know

With the 2020 elections rapidly approaching, individuals may be considering making contributions to political candidates, campaigns, action committees (PAC), or parties. The following update identifies the campaign finance rules…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Federal Contractors, Federal Election Commission (FEC)

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Offer Wi-Fi or Internet Service to Customers? These Are Your New Legal Obligations

It would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give much…more

CALEA, Corporate Counsel, Criminal Investigations, Cruise Ships, Electronically Stored Information

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Federal District Court Rules PRP Can Pursue CERCLA Cost Recovery Action Against State

Judge William B. Shubb of the Eastern District of California ruled last month that a state government agency can be held liable as a Potentially Responsible Party (PRP) even if the agency’s involvement at a particular site is…more

CERCLA, Government Entities, Governmental Liability, Hazardous Substances, Remediation

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and…more

Biometric Information Privacy Act, Employment Discrimination, Enforcement, Genetic Materials, Genetic Testing

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Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water Rights

The Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County on…more

AZ Supreme Court, Department of Water Resources, Surface Water, Transfer of Rights, Water Rights

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Proposed Washington Privacy Act Tracks GDPR and CCPA Protections and Emphasizes Facial Recognition

Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Data Collection, Data Privacy

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Saddle Up Again: Texas Joins States With Comprehensive Consumer Privacy Laws

Texas Governor Greg Abbott signed the Texas Data Privacy and Security Act (TDPSA) into law on June 18, 2023. The comprehensive privacy and data security law will go into effect on July 1, 2024. The law and legislative history…more

Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas, New Legislation

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Tax Cuts and Jobs Act of 2017: Year- End Planning for Individuals

On December 22, 2017, the tax reform bill, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the Act), was signed into law, bringing sweeping changes to the U.S. Tax Code. The Act takes effect on January 1, 2018. Some…more

Alternative Minimum Tax, Charitable Donations, Estate Tax, Gift Tax, Income Taxes

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SPACs: Frequently Asked Questions

Among other things, 2020 will be remembered as a year that saw a boom in the use of Special Purpose Acquisition Companies (SPACs) as a robust alternative to an initial public offering (IPO). A SPAC is a company formed to raise…more

Corporate Governance, Financial Statements, Initial Public Offering (IPO), Investors, Mergers

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Online Safety Risk Assessments Have Arrived: Five Steps for Building a Globally Adaptable Process

Safety risk assessments are becoming a preferred regulatory tool around the world. Online safety laws in Australia, Ireland, the United Kingdom, and the United States will require a range of providers to evaluate the safety and…more

Data Security, Digital Media, Digital Services, EU, Online Safety for Children

See all updates »

Notable Ruling Roundup - April 2024

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Anne de Lacour, et al. v. Colgate-Palmolive Co. and Tom’s of Maine Inc., No. 1:16-cv-08364-KMW…more

Class Action, Consumer Protection Laws, Federal Meat Inspection Act (FMIA), Food Labeling, Food Manufacturers

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Conditions for Coastal Development Approvals Must Be Reasonably Tailored to Accomplish Their Intended Purpose

The Fourth District Court of Appeal held that that while most of the California Coastal Commission’s conditions for construction of a home on an oceanfront lot were reasonable, a requirement that the home be removed from the…more

Appeals, Beachfront Properties, California Coastal Commission, Coastal Real Estate, Government Agencies

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Illinois Supreme Court Issues New Rules Affecting Mortgage Foreclosures

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things. The rules are the result of the work of…more

Affidavits, Foreclosure, Loss Mitigation, Mortgages, Required Documentation

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War in Ukraine Prompts Further Trade Sanctions by the United States

Russia’s invasion into Ukraine in February 2022 has prompted the United States and its allies, including the United Kingdom, the European Union, and others, to issue substantial international trade restrictions such as economic…more

Banks, Belarus Sanctions, Economic Sanctions, EU, Export Controls

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The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to China…more

Acquisitions, Artificial Intelligence, Bid Protests, Cost-Shifting, Cybersecurity

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and…more

Biometric Information Privacy Act, Employment Discrimination, Enforcement, Genetic Materials, Genetic Testing

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Federal Circuit Rules Out State-Law Remedies for Failure to Participate in the Biosimilars "Patent Dance"

On December 14, the Federal Circuit issued a decision that further clarifies the ground rules for disclosures of product information by manufacturers of biosimilar pharmaceutical products. In particular, the Federal Circuit…more

aBLA, Amgen, Biosimilars, BPCIA, FDA Approval

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Delaware Court’s Finding of $148 Million Fraud by Dole CEO and General Counsel Offers Major Lessons in Take-Private Deals

The Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and General Counsel Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company’s 2013 take-private deal. The August 27,…more

Controlling Stockholders, Corporate Counsel, Corporate Governance, Dole Food, Fiduciary Duty

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2018 Key Trust & Estate Planning and Corporate Ownership Implications of the New Tax Law

With the passage of Public Law no. 115-97, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act), attorneys in Perkins Coie’s Trust & Estate Planning practice, along with our clients running closely held…more

C-Corporation, Corporate Taxes, Estate Planning, Estate Tax, Gift Tax

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Significant Change in Award of Attorneys’ Fees in Idaho Coming in 2017

On March 1, 2017, the standard for awarding attorneys’ fees in civil actions under Idaho Code § 12-121 will change significantly to allow attorneys’ fees in all civil actions “when justice so requires.” Hoffer v. Shappard, 2016…more

Attorney's Fees, Prevailing Party

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DOJ Seeks Public Comments on Paramount Decrees, Creates Critical Moment for Movie Industry

The Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are…more

Antitrust Division, Antitrust Provisions, Competition, Consent Decrees, Department of Justice (DOJ)

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BARDA BioMaP-Consortium Up and Running

In a previous Update, we reported on the Biomedical Advanced Research and Development Authority’s (BARDA) plans to implement the new Biopharmaceutical Manufacturing Preparedness-Consortium (BioMaP-Consortium or Consortium),…more

Biomedical Advanced Research and Development Authority (BARDA), Biopharmaceutical, Department of Health and Human Services (HHS), Export Administration Regulations (EAR), Infectious Diseases

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FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

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BLM Proposes Updated Plan To Streamline Solar Development in the West

The U.S. Bureau of Land Management (BLM) announced on January 17, 2024, the publication of its draft Programmatic Environmental Impact Statement (PEIS) to help streamline and accelerate utility-scale solar energy development on…more

Bureau of Land Management, Energy Sector, Programmatic Environmental Impact Statement (PEIS), Public Land, Right of Way

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Labor Law Today—2020 Year in Review

No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives…more

Absentee Voting, Biden Administration, Board of Directors, Congressional Oversight, Coronavirus/COVID-19

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EPA’s Online Guidance Database—A Makeover for the Agency’s Guidance Documents

The U.S. Environmental Protection Agency (EPA) recently adopted a final regulation governing the issuance of guidance documents, which the agency historically has used to provide direction to agency staff, other governmental…more

Clean Air Act, Environmental Protection Agency (EPA), Final Rules, Guidance Documents, Section 112

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Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI

In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective…more

AFTRA, Artificial Intelligence, Commercial Contracts, Contract Drafting, Contract Terms

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Supreme Court Rules That Isolated Genes Are Unpatentable Products Of Nature

On June 13, 2013, the Supreme Court issued its highly anticipated decision in Association for Molecular Pathology v. Myriad Genetics, Inc…more

AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter

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Conflicted Transactions: Cleansing Process Only Effective if Procedures Are Rigorously Followed

In today’s difficult economic environment, many companies—including those in the portfolios of private equity and venture capital funds—are struggling financially. For some, a transaction in which a private equity sponsor or a…more

Investors, Nasdaq, Private Equity, Shareholders

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Labor Law Today—2020 Year in Review

No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives…more

Absentee Voting, Biden Administration, Board of Directors, Congressional Oversight, Coronavirus/COVID-19

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CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Digital Marketplace, Federal Trade Commission (FTC), Financial Services Industry

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Understanding the Data Privacy Risks With AI-Driven AR/VR Applications

In the 2020 Augmented and Virtual Reality Survey conducted by Perkins Coie, Boost VC, and the XR Association, nearly three-quarters of industry leaders polled indicated that they expect immersive technologies to be mainstream…more

Artificial Intelligence, Augmented Reality, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA)

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DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA), the…more

Administrative Procedure Act, Biologics, Clean Air Act, Clean Water Act, Endangered Species Act (ESA)

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In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal Courts

In a 9-0 opinion delivered by Justice Ruth Ginsburg, the United States Supreme Court last week ruled that the federal courts are not “bound to accord conclusive effect” to a foreign government’s statement of its own law under…more

Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd, Antitrust Violations, Application of Foreign Laws, China, Comity

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IPR Evolution: Decisions and Developments Shaping Inter Partes Review Practice - Volume II, December 2021

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Post-Grant Review, USPTO

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2020 Breach Notification Law Update: Vermont, District of Columbia, Maine, and California Expand Requirements

States continue to enhance and expand their breach notification requirements, increasing the scope of breaches that require notice as well as the complexity of compliance. Four jurisdictions—Vermont, the District of Columbia,…more

Biometric Information, Data Breach, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

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How U.S. Sanctions Can Affect Companies With Russian Investors

When the White House recently announced that it was extending sanctions against Russia for another year, it cited a continued “unusual and extraordinary threat” from Russia’s activities in Ukraine. President Obama also signed…more

Emerging Technology Companies, Equity Investors, Foreign Investment, Investors, Office of Foreign Assets Control (OFAC)

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New Law Increases Scrutiny for Importing Goods Made with Forced Labor

The federal government took another step in the fight against human trafficking and forced labor. President Obama signed into law on February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which we…more

Child Labor, Corporate Counsel, Forced Labor, Human Rights, Human Trafficking

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FIRRMA Regulations Finalized

The Committee on Foreign Investment in the United States (CFIUS) published two final rules on January 17, 2019, to implement the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018. The first rule,…more

CFIUS, Code of Federal Regulations (CFR), Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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Washington's Amended LLC Statute—Should You Amend Your LLC Agreement?

Washington state approved significant amendments to its Limited Liability Company Act earlier this year that will become effective on January 1, 2016. For many existing LLCs, the amendments will not have a meaningful impact…more

Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Think Public and Large Companies Are Entirely Exempt From the Corporate Transparency Act? Think Again.

Key portions of the Corporate Transparency Act (CTA) will take effect on January 1, 2024, requiring an estimated 30 million “reporting companies” to disclose to the federal government information and documentation about the…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, Doing Business

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Washington Court Reaffirms Appraisal as Remedy for Shareholders Challenging a Merger

In an unpublished decision issued on January 3, 2023, Division I of the Washington Court of Appeals strongly reaffirmed Washington law providing that, absent a showing of fraudulent corporate conduct or certain procedural…more

Appeals, Class Action, Corporate Governance, Corporate Misconduct, Corporate Officers

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EPA’s Ambitious Proposed GHG Emissions Standards May Face Challenges

The U.S. Environmental Protection Agency (EPA or Agency) issued a proposed rule (Proposed Rule) on May 11, 2023, that would adopt new greenhouse gas (GHG) emissions standards for certain coal and natural gas-fired power plants…more

Clean Energy, Clean Power Plan, Electricity, Energy Sector, Environmental Protection Agency (EPA)

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Patents in the Emerging World of NewSpace

The NewSpace industry is seeing an increase in space launches and new entrants to the field. Technological advances are driving growth, including a steady pace of new innovations. Companies engaged in this progressive market…more

Capital Raising, Emerging Growth Companies, Emerging Technology Companies, Innovation, Intellectual Property Protection

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Comparison of Short-Term Cash Management Alternatives

In response to recent client questions regarding the various considerations and options for holding short-term funds, we have prepared a reference chart comparing certain key characteristics of demand deposits with government…more

Banking Sector, Consumer Lenders, Deposit Advances, Deposit Insurance, Distressed Debt

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Arrowood Indemnity Company Declared Insolvent

Arrowood Indemnity, the runoff entity for Royal Indemnity and Royal Globe (Royal), was declared insolvent by the Delaware commissioner of insurance on November 6, 2023. This action was taken through the filing of a complaint for…more

Commercial Bankruptcy, Financial Institutions, Financial Services Industry, Indemnity Insurance, Insolvency

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Supreme Court Limits Reach of Clean Water Act

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US, Sackett

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges…more

Advertising, Artificial Intelligence, Consumer Privacy Rights, COPPA, Corporate Counsel

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Navigating Proposition 19: Planning for 2021 Changes to California Real Property Tax Reassessment Rules

On November 3, 2020, California voters narrowly approved Proposition 19 (The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act) and with it comes significant property tax…more

Change of Ownership, Heirs, New Rules, Popular, Property Owners

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Preparing for the 2020 Public Company Reporting Season

The U.S. Securities and Exchange Commission (SEC) issued rule updates and guidance in 2019 that are intended to simplify certain public reporting requirements, clarify the staff’s expectations with respect to no-action relief…more

Corporate Governance, EDGAR, Environmental Social & Governance (ESG), Final Rules, Glass Lewis

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Precedent-Setting Proposition 65 Pre-emption Decision Involving Breakfast Cereal

Last week, the California Court of Appeal held that a plaintiff’s suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was preempted by federal nutrition policies aimed at…more

Appeals, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Preemption

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Recent DOJ Settlements Show Step Up in Web Accessibility Enforcement by Biden Administration

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals with…more

Americans with Disabilities Act (ADA), Appeals, Biden Administration, Coronavirus/COVID-19, Corporate Counsel

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Navigating Yates Memo Minefield and Broadening of Excess Side-A DIC D&O Insurance Policies

Former Deputy Attorney General Sally Yates issued a memorandum (the Yates Memo) in September 2015 setting forth guidance on how the U.S. Department of Justice would handle future corporate investigations and, to the extent…more

Corporate Misconduct, Corporate Officers, D&O Insurance, Department of Justice (DOJ), Directors

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Securities Enforcement Forum Central 2023—Enforcement Trends Throughout the SEC 2022 Fiscal Year

Senior Division of Enforcement officials from various U.S. Securities and Exchange Commission (SEC) offices spoke with SEC alumni, private practitioners, and other legal professionals at the Securities Enforcement Forum Central…more

Cryptocurrency, Enforcement Actions, Insider Trading, Investigations, Securities and Exchange Commission (SEC)

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Specialty Wage-and-Hour Policies Offer New Protection for Companies Facing Lawsuits

Traditional employment practices liability (EPL) and directors’ and officers’ (D&O) insurance may not apply today to cover wage-and-hour liabilities, an issue we detailed in the first and second installments of this series. …more

Corporate Counsel, D&O Insurance, Employer Liability Issues, Employment Practices Liability Coverage, Insurance Industry

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FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

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Dressing Up Your Trademarks For The Holidays

Are you contemplating dressing up your trademarks for the holidays? Adding a jaunty Santa hat and garlands to your company name on your website and shopping bags? Animating your logo to spin like a dreidel or fly like Rudolph?…more

Brand, Holidays, Marketing, Trademarks

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SEC Launches FinHub for Engaging with Fintech and Blockchain Companies

On October 18, 2018, the U.S. Securities and Exchange Commission (SEC), announced the launch of the agency’s Strategic Hub for Innovation and Financial Technology (FinHub). FinHub is a resource for industry engagement between…more

Blockchain, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT), FinTech

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Federal District Court Upholds Securities Indictment for ICOs but Defers Final Howey Determination in United States v. Zaslavskiy

In what is believed to be the first criminal case examining whether so-called “initial coin offerings” (ICOs) are securities under U.S. law, on September 11, 2018, Judge Raymond J. Dearie of the U.S. District Court for the…more

Criminal Prosecution, Cryptocurrency, Howey, Indictments, Initial Coin Offering (ICOs)

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U.S. Supreme Court Refuses to Expand Definition of “Whistleblower” Beyond Express Definition in Statute

The United States Supreme Court last week held in Digital Realty Trust, Inc. v. Somers that when a whistleblower reports suspected violations of securities laws internally, but not to the Securities and Exchange Commission (the…more

Anti-Retaliation Provisions, Digital Realty Trust Inc v Somers, Dodd-Frank, Internal Reporting, Reporting Requirements

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Securities Enforcement Forum Central 2023—Enforcement Trends Throughout the SEC 2022 Fiscal Year

Senior Division of Enforcement officials from various U.S. Securities and Exchange Commission (SEC) offices spoke with SEC alumni, private practitioners, and other legal professionals at the Securities Enforcement Forum Central…more

Cryptocurrency, Enforcement Actions, Insider Trading, Investigations, Securities and Exchange Commission (SEC)

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Europe Seeks to Tame Artificial Intelligence with the World’s First Comprehensive Regulation

In what could be a harbinger of the future regulation of artificial intelligence (AI) in the United States, the European Commission published its recent proposal for regulation of AI systems. The proposal is part of the European…more

Artificial Intelligence, Corporate Counsel, Data Privacy, Disclosure, EU

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DOJ-Initiated False Claims Act Cases Reached Record High in Fiscal Year 2023

The U.S. Department of Justice (DOJ) announced that it initiated a record-high 500 new False Claims Act (FCA) cases in Fiscal Year 2023. The government and whistleblowers (qui tam relators) were party to 543 settlements and…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud, Health Care Providers

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Navigating Proposition 19: Planning for 2021 Changes to California Real Property Tax Reassessment Rules

On November 3, 2020, California voters narrowly approved Proposition 19 (The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act) and with it comes significant property tax…more

Change of Ownership, Heirs, New Rules, Popular, Property Owners

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Mandatory BEA Foreign Investment-Related Surveys Filing Deadlines Fast Approach

The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce is the government agency that compiles statistics about the U.S. economy, including the U.S. gross domestic product (GDP). BEA also compiles statistics on…more

BEA, Bureau of Economic Analysis, Filing Deadlines, Financial Reporting, Foreign Direct Investment

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Ten Considerations for Developing an Effective Generative AI Use Policy

This year’s news has been full of stories about “generative” artificial intelligence (AI) applications. Generative AI tools create code, text, images, and other content in response to text prompts, queries, and other inputs…more

Acceptable Use Policy, Artificial Intelligence, Compliance, Data Privacy, Data Security

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SEC Makes it Easier to Fundraise—Streamlines Exempt Offering Rules

The U.S. Securities and Exchange Commission (SEC) recently announced that it adopted final rules to simplify the “patchwork” framework for exempt offerings under the Securities Act of 1933. These amendments generally follow the…more

Final Rules, Fundraisers, Offerings, Regulation S, Rule 506 Offerings

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EPA’s Landmark PFAS Drinking Water Standards

The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes…more

CERCLA, Clean Water Act, Contamination, Drinking Water, Environmental Policies

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Revisions To SEC Rule 506 Permitting General Solicitation Effective September 23, 2013

New SEC Rules Permitting General Solicitation - On September 23, 2013 the new Securities and Exchange Commission (SEC) rules permitting general solicitation and advertising of private securities offerings pursuant to the…more

General Solicitation, JOBS Act, Rule 506 Offerings, Securities and Exchange Commission (SEC)

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No Clear Disclosure? No Third-Party Release In Ch. 11

Originally published in Law360 on January 28, 2013. A recent appellate decision requires strict adherence to disclosure requirements before third-party releases contained in a Chapter 11 plan may be approved…more

Disclosure Requirements, Indenture Trustee, Settlement, Third-Party Release Agrements

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Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI

In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective…more

AFTRA, Artificial Intelligence, Commercial Contracts, Contract Drafting, Contract Terms

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Preparing for the 2024 Public Company Reporting Season

In anticipation of the upcoming reporting season, this Update highlights some of the most significant rule changes, guidance, institutional investor areas of focus, and trends for public companies to consider in preparing annual…more

10b5-1 Plans, Board of Directors, Clawbacks, Corporate Governance, Cybersecurity

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Quarterly Investment Update - 4th Quarter 2016

ECONOMIC REVIEW AND OUTLOOK - In this past year we were reminded again to expect the unexpected: The well-established political classes in the U.K., the U.S. and Italy learned that democracy was their Achilles’ heel, and…more

Bonds, Estate Planning, Estate Tax, EU, Federal Reserve

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Compliance Is King: DOJ Announces Policy to Incentivize Corporate Antitrust Compliance Programs

The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. In remarks made at the New York University…more

Antitrust Violations, Chief Compliance Officers, Compliance, Criminal Antitrust Litigation, Department of Justice (DOJ)

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Protecting Internal Investigation Materials From Disclosure

In United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., No. CV 15-11890-ADB, 2020 WL 4352915 (D. Mass. July 29, 2020), yet another district court agreed with the U.S. Court of Appeals for the District of Columbia…more

Appeals, Attorney-Client Privilege, Corporate Counsel, False Claims Act (FCA), Internal Investigations

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San Francisco Adopts Ordinance To Facilitate the Conversion of Office Buildings to Housing

In downtown San Francisco, office vacancy has skyrocketed as hybrid work has transformed the way in which employers and employees use office space. This, in turn, has decreased activity downtown, negatively impacting the city’s…more

California, Commercial Real Estate Market, Conversion, County Planning Commissions, Housing Market

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California Immigrant Worker Protection Act: New Obligations on Employers

The Immigrant Worker Protection Act, California Assembly Bill 450 (AB 450), went into effect in California on January 1, 2018. AB 450 prohibits both public and private California employers from voluntarily consenting to a…more

Employer Liability Issues, Form I-9, Immigrant Protection Laws, Immigration Enforcement, Labor Commissioners

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SEC Speaks 2016: Enforcement Agenda Goes Beyond Disclosure

At the annual “SEC Speaks” conference held February 19-20, 2016, in Washington, D.C., the U.S. Securities and Exchange Commission’s senior leadership reviewed the agency’s efforts and priorities in 2015 and previewed upcoming…more

Broker-Dealer, Discovery, Enforcement Actions, Foreign Corrupt Practices Act (FCPA), Forum Selection

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US Department of Labor Issues Highly Anticipated Cybersecurity Guidance for ERISA Plans

On April 14, 2021, the U.S. Department of Labor (DOL) released three-part guidance on cybersecurity issues for employee benefit plans, marking its first significant commentary on the issue since its comprehensive but nonbinding…more

Audits, Benefit Plan Sponsors, Cybersecurity, Department of Labor (DOL), Employee Benefits

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IPR Evolution: Decisions and Developments Shaping Inter Partes Review Practice - Volume II, December 2021

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Post-Grant Review, USPTO

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FTX Finds Assets and Is Looking for More

FTX filed its presentation to the Official Committee of Unsecured Creditors (UCC), reporting that FTX has located about $5.5 billion of cash and other liquid assets but less than $1.8 billion of digital assets identified with…more

Bahamas, Blockchain, Chapter 11, Cryptocurrency, Debtors

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SEC’s FAST Act Disclosure Simplification Amendments Effective May 2

The Securities and Exchange Commission (SEC) recently adopted rule amendments to modernize and simplify certain disclosure requirements in Regulation S-K and related SEC rules and forms under the Securities Act of 1933, as…more

Corporate Governance, Disclosure Requirements, EDGAR, Financial Statements, Fixing America’s Surface Transportation Act (FAST Act)

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Pro Golfers Tee Off Antitrust Suit Against PGA Tour

A group of 11 professional golfers launched an antitrust suit in the U.S. District Court for the Northern District of California against the PGA Tour, Inc. (the PGA Tour) on August 3, 2022..…more

Antitrust Division, Antitrust Investigations, Antitrust Litigation, Competition, Corporate Counsel

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CT Attorney General Highlights Key Areas of Enforcement, Suggests Legislative Changes

Connecticut was one of the first U.S. states to pass a comprehensive data privacy law back in May 2022. Today, a total of 13 states have passed similar laws, and dozens of other states are proposing legislation to do so as well…more

Biometric Information, Consumer Privacy Rights, Data Breach, Data Brokers, Data Protection

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Oregon Issues Rules on Wildfire Smoke Protection

Following up on the new excessive heat rules, Oregon has issued temporary rules to protect employees from wildfire smoke, which will remain in place for six months while the Oregon Occupational Safety and Health Administration…more

Employee Training, Employer Liability Issues, Heat Exposure, New Rules, NIOSH

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New York City Adopts Final Rules for Law Governing Automated Employment Decision Tools

The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 on April 6, 2023. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to…more

Artificial Intelligence, Automated Decision Systems (ADS), City of New York, Covered Entities, Employees

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This Year Don’t Let the Grinch Steal Your Insurance

Forfeiting insurance coverage on a covered claim is a quick way to ruin the holidays. Every year, tens of thousands of covered claims are left unpaid due to clerical mistakes by policyholders or their brokers. These unpaid…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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NAFTA Renegotiation Faces a Lengthy, Uncertain Future

On May 18, 2017, United States Trade Representative (USTR) Robert Lighthizer notified Congress that he is seeking to renegotiate the North American Free Trade Agreement (NAFTA). The notification triggers a 90-day consultation…more

Canada, Exports, Free Trade Agreements, Imports, Mexico

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Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred…more

Class Action, Compliance, Credit Cards, Cyber Attacks, Cyber Crimes

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Ninth Circuit Decides in Favor of Expanded Whistleblower Protections

In Somers v. Digital Realty, the Ninth Circuit joins the Second Circuit in holding that whistleblower protections apply to individuals who report securities violations internally, not just to those who report to the Securities…more

Anti-Retaliation Provisions, Dodd-Frank, Sarbanes-Oxley, Securities and Exchange Commission (SEC), Securities Violations

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Washington, D.C., Ban on Non-Competes Postponed Until October 2022

Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021. The Act includes one of the most expansive bans on non-compete agreements…more

Anti-Retaliation Provisions, Employees, Employer Liability Issues, Enforcement, New Legislation

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and…more

Biometric Information Privacy Act, Employment Discrimination, Enforcement, Genetic Materials, Genetic Testing

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Beware of the CIP—Parent Applications Can Be Prior Art

Companies file patent applications with the United States Patent and Trademark Office (USPTO) to protect promising innovations. Often, however, improvements, additional uses and refinements surface after filing a patent…more

CIP, Patent Applications, Patents, Prior Art, USPTO

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Real Estate Excise Tax Exemption Encourages Affordable Housing

Transfers of real property to certain qualifying entities will no longer be subject to real estate excise tax in Washington State, effective on January 1, 2023. The Washington State Legislature passed Engrossed House Bill 1643…more

Affordable Housing, Covered Entities, Excise Tax, Income Taxes, IRS

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The New EU-US Privacy Shield: Safe Harbor 2.0

Two days after the expiration of the informal deadline to replace the Safe Harbor Framework invalidated by the Court of Justice of the European Union in October 2015, the EU and US have come to terms on a new framework—the…more

Article 29 Working Party (WP29), Data Protection, EU, EU-US Privacy Shield, Federal Trade Commission (FTC)

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Illinois “Stay-at-Home” Order Permits Many Categories of Construction to Continue

On March 20, 2020, Governor of Illinois JB Pritzker, issued an executive order requiring Illinois residents to stay at home and limiting business activities which may remain open to “Essential Businesses and Operations.” This…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Operators of Essential Services

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Large Jury Verdicts in Hog Nuisance Cases Signal CAFO Litigation Is Rising

A federal jury last week returned a $473.5 million verdict against the world’s largest pork producer for nuisances caused by three industrial-scale hog farms. The verdict is the largest of three matching verdicts against…more

Damages, Farm Animals, Farms, Injunctive Relief, Jury Awards

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CAISO Releases Ambitious 2023-2024 Transmission Plan To Address State’s Climate Goals

California Independent System Operator (CAISO) released its draft 2023-2024 Transmission Plan (the 2023-2024 Plan) on April 1, 2024. As expected, the 2023-2024 Plan incorporates projections for significant new generation of…more

CAISO, California, California Energy Commission, Climate Action Plan, Climate Change

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Chicago Enforcement Officials Discuss 2014 SEC & DOJ Priorities: New Regime At SEC Takes A Page From The Prosecutors’ Playbook

Enforcement officials from the U.S. SEC’s Chicago Regional Office and the U.S. Attorney’s Office for the Northern District of Illinois gathered to discuss their enforcement initiatives at the “SEC & DOJ Hot Topics 2014” program…more

Department of Justice (DOJ), Enforcement Actions, Securities and Exchange Commission (SEC)

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OFAC Takes Action Against Virtual Currency Tornado Cash in Novel Application of Sanctions Authorities

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), on August 8, 2022, sanctioned virtual currency mixer Tornado Cash. OFAC alleged that it had been “used to launder more than $7 billion worth of…more

Enforcement Actions, Legislative Agendas, Money Laundering, Office of Foreign Assets Control (OFAC), Regulatory Agenda

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Net Neutrality Is Back, for Now

With the recent circulation of the Federal Communications Commission’s (FCC) draft version of its highly anticipated net neutrality order, Promoting a Fast, Open, and Fair Internet (the 2024 Order), Chairwoman Jessica…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), National Security

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New Paid Sick Leave and Minimum Wage Laws in Washington State Effective January 1

Multiple new laws will take effect in Washington state beginning January 2024, bringing changes to the state’s minimum wage laws and adding requirements under the state’s Paid Sick Leave Law…more

Employees, Employer Liability Issues, Employment Policies, Minimum Wage, New Legislation

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DOT Shifts Into Gear on Self-Driving Cars and Issues New Automated Vehicles Policy

The National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars. Part of the U.S. Department of Transportation, NHTSA is the federal…more

Auto Insurance, Automotive Industry, Comment Period, Connected Cars, Covered Entities

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COVID-19 Related State Reopening Executive Orders & Guidance Tracker

Each state’s guidance is rapidly updated and changing, and each state’s orders and respective reopening guidance should be reviewed to determine any exceptions, restrictions, or other intricacies around the reopening of any…more

Coronavirus/COVID-19, Executive Orders, Extensions, Legislative Agendas, Public Health

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Sustainability in Advertising Law

Brands continue to build their sustainability and environmental marketing programs in response to consumer demand. A recent report found that nearly eight out of ten consumers are making sustainability-based purchase choices…more

Advertising, Best Practices, Brand, Consumers, Enforcement

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Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute…more

Appeals, City of Los Angeles, Environmental Litigation, Environmental Policies, Public Transit

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FTC Proposes Changes to COPPA Rule

The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM…more

Biometric Information, COPPA, Data Collection, Data Retention, Data Security

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Securities Enforcement Forum Central 2023—Enforcement Trends Throughout the SEC 2022 Fiscal Year

Senior Division of Enforcement officials from various U.S. Securities and Exchange Commission (SEC) offices spoke with SEC alumni, private practitioners, and other legal professionals at the Securities Enforcement Forum Central…more

Cryptocurrency, Enforcement Actions, Insider Trading, Investigations, Securities and Exchange Commission (SEC)

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Ruling Applies RCRA to Dairy Practices for the First Time

Community Ass’n for Restoration of the Envt. v. Cow Palace, The Dolsen Companies, and Three D, Case No. 13-3016 (E.D. Wash.) On January 14, 2015, Judge Thomas O. Rice of the Eastern District of Washington ruled that the…more

Dairy Farmers, Environmental Protection Agency (EPA), RCRA, Solid Waste, Summary Judgment

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IRS Guidance On Same-Sex Marriage: Employee Benefit Considerations

In response to the Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Internal Revenue Service issued Revenue Ruling 2013-17 (Ruling) on August 29, 2013, in which the IRS set forth the following…more

DOMA, Domestic Partnership, Employee Benefits, IRS, Qualified Retirement Plans

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Time to Face the Country’s Strictest Facial Recognition Law

Portland, Oregon’s Facial Recognition Ordinance Goes Into Effect January 1, 2021 Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition technologies…more

Biometric Information, Business Entities, Business Ownership, Facial Recognition Technology, Local Ordinance

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Minnesota Prohibits Post-Employment Noncompetes

On May 24, 2023, the state of Minnesota enacted a labor bill (SF 3035) that prohibits employers’ use of noncompetes, effective July 1, 2023. The ban does not apply retroactively to noncompetes signed prior to July 1, 2023…more

Employees, Employer Liability Issues, Labor Regulations, New Legislation, Non-Compete Agreements

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SEC Spotlights Crypto With New “Safeguarding Rule” Proposal

On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) published sweeping and controversial proposed amendments to Rule 206(4)-2 (Custody Rule) under the Investment Advisers Act of 1940 (Advisers Act). Last…more

Cryptocurrency, Custody Rule, Misappropriation, Proposed Amendments, Proposed Rules

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NLRB and OSHA’s New MOU Will Increase Interagency Cooperation and Coordination

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) executed a Memorandum of Understanding (MOU) on October 31, 2023, that will help facilitate interagency coordination and…more

Employer Liability Issues, Employment Litigation, Information Sharing, NLRA, NLRB

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Domestic Content Adder Guidance: Hits and Misses

The U.S. Department of the Treasury (Treasury) issued Notice 2023-38 (the Notice) on May 12, 2023, which contains the first rules concerning the domestic content bonus credits for renewable electricity, renewable natural gas,…more

Energy Sector, Environmental Policies, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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New Three-Year Hold Requirement for Carried Interests, Updated Notice for S Corps

New development: The IRS has issued guidance that the exception to the new 3-year hold requirement for carried interests held by “corporations” does not apply to S corporations. As previously discussed, the 2017 Tax Cuts and…more

Asset Management, Business Assets, Business Taxes, C-Corporation, Capital Gains

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FERC Directs NERC To Update Reliability Standards To Address Reliability Gaps Related to IBRs

Amid the rapidly increasing pace of nonsynchronous resources being added to the electric grid, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 901 on October 19, 2023. This order directs the…more

Batteries, Energy Sector, Energy Storage, Environmental Litigation, FERC

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FTC v. Qualcomm Decision—Qualcomm Enjoined From Anticompetitive Practices, Creating Standard-Essential-Patent Licensing Uncertainty

Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the Federal Trade Commission (FTC) last week in its antitrust enforcement action against Qualcomm, and issued an injunction that, if…more

5G Network, Anticompetitive Behavior, Enforcement Actions, Federal Trade Commission (FTC), FRAND

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Corporate Transparency Act Applied to M&A

The Corporate Transparency Act (CTA), designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024. As discussed in more detail…more

Acquisitions, Beneficial Owner, Corporate Transparency Act, Mergers, Reporting Requirements

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Potential HIPAA Pitfalls for Developers of Healthcare Apps

As federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge. Every day, new healthcare apps are being developed to respond…more

App Developers, Business Associates, Covered Entities, Data Protection, Digital Health

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GAO Protest Requires Fee and Specialized Filing Starting May 1, 2018

Starting May 1, 2018, the General Accounting Office (GAO) will require that all new protests (except those containing classified information) be filed using its web-based electronic filing system known as the Electronic Protest…more

Bid Protests, CICA, Electronic Filing, Federal Contractors, Filing Deadlines

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CFPB Issues Proposed Open Banking Rule

The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement…more

Banking Sector, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), EFTA, Fair Credit Reporting Act (FCRA)

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COVID-19 Business Interruption Litigation: Lessons Learned So Far

Since the start of the pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra…more

Business Closures, Business Interruption, Business Litigation, Coronavirus/COVID-19, Corporate Counsel

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SEC Proposes To Amend Broker-Dealer Customer Protection Rule Reserve Account Calculation Requirements

The U.S. Securities and Exchange Commission (SEC) proposed to amend Exchange Act Rule 15c3-3 (the Customer Protection Rule)[1] on July 12, 2023. If adopted, the proposed amendments would increase the frequency with which certain…more

Broker-Dealer, Customer Protection Rule, Investment, Investors, Proposed Amendments

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Final Clawback Rules Adopted by the SEC

On October 26, 2022, the U.S. Securities and Exchange Commission (SEC) adopted final rules implementing Section 954 of the Dodd‑Frank Act. The final rules were published in the Federal Register on November 28, 2022..…more

Clawbacks, Corporate Counsel, Corporate Governance, Department of Justice (DOJ), Disclosure Requirements

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Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free…more

Anti-SLAPP, Appeals, Cal Code of Civil Procedure, Construction Project, Entitlements

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Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

Overturning over 30 years of precedent, the National Labor Relations Board (NLRB) on August 27, 2015, “refined” its test for determining whether two separate and independent business entities are a “joint employer” of the same…more

Administrative Law Judge (ALJ), Browning-Ferris Industries of California Inc., Collective Bargaining, Corporate Counsel, Franchisee

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How New Discrimination Ordinances in Anchorage and Bethel May Affect Your Business

Anchorage became the first Alaska town to pass a civil rights ordinance that extends protections to gay, lesbian, transgender and bisexual people in housing, employment and public accommodations. The new ordinance, passed in…more

Anti-Discrimination Policies, Compliance, Gender Discrimination, LGBTQ, Sexual Orientation Discrimination

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US Supreme Court Clarifies Knowledge Requirement in False Claims Act Cases—Raising New Interpretive Issues

A defendant’s knowledge of and subjective beliefs about the meaning of legal requirements—not what an objectively reasonable person may have believed—are what matters when determining whether a defendant “knowingly” submitted…more

Drug Pricing, False Claims Act (FCA), Fraud, Healthcare, Oral Argument

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Preparing for the 2023 Public Company Reporting Season

The U.S. Securities and Exchange Commission (SEC) had a busy 2022, adopting a number of new rules and proposing additional rules, many of which are likely to be finalized over the next several months. In November, Glass Lewis…more

10b5-1 Plans, Annual Reports, Board of Directors, Clawbacks, Corporate Governance

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Los Angeles County Adopts New Background Check Requirements for Employers

Los Angeles County adopted a new Fair Chance Ordinance for Employers (the Ordinance) on February 27, 2024, which supplements California’s 2018 Fair Chance Act (located in California Government Code Section 12952 et. seq.). The…more

Background Checks, California, Covered Employees, Covered Employer, Employer Liability Issues

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Giving Value to Representations and Indemnifications in Distressed Transactions

Indemnification obligations are used to allocate risk between a buyer and a seller in nearly all mergers and acquisitions transactions. In an acquisition of a distressed company or its assets, however, the seller may not be…more

Acquisitions, Buyers, Escrow Agreements, Holdbacks, Indemnification

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and…more

Biometric Information Privacy Act, Employment Discrimination, Enforcement, Genetic Materials, Genetic Testing

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FTC Proposes Changes to COPPA Rule

The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM…more

Biometric Information, COPPA, Data Collection, Data Retention, Data Security

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Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists regardless…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Construction Litigation, Construction Project

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Ninth Circuit Rejects Securities Fraud Thesis That Did Not “Make a Whole Lot of Sense”

In its June 10, 2020, opinion in Nguyen v. Endologix, the U.S. Court of Appeals for the Ninth Circuit applied the plausibility standard to a plaintiff’s securities fraud claims and affirmed the district court’s dismissal, with…more

Appeals, Class Action, Clinical Trials, Dismissal With Prejudice, FDA Approval

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COVID-19: Reserve Issues in Credit Card Processing Agreements

COVID-19’s effect on the economy does not discriminate. Business activity has slowed down significantly for many companies, and even more drastically in certain sectors. Some of the industries that have been hit the hardest…more

Brick-and-Mortar Stores, Coronavirus/COVID-19, Credit Cards, E-Commerce, Entertainment Industry

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SPACs: Frequently Asked Questions

Among other things, 2020 will be remembered as a year that saw a boom in the use of Special Purpose Acquisition Companies (SPACs) as a robust alternative to an initial public offering (IPO). A SPAC is a company formed to raise…more

Corporate Governance, Financial Statements, Initial Public Offering (IPO), Investors, Mergers

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Repeal of AB 1103, California’s Nonresidential Building Energy Use Disclosure Program

Since December 2013, Perkins Coie has sent out three client updates regarding California Assembly Bill (AB) 1103, the California Energy Commission’s (CEC) Nonresidential Building Energy Use Disclosure Program. The purpose of…more

California Energy Commission, Disclosure Requirements, Energy Sector, New Legislation, Repeal

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Blockchain Week in Review - June 2020

The OCC Announces New Acting Comptroller and Includes FinTech Charters Among Focuses - On May 29, 2020, the Office of the Comptroller of Currency (OCC), the primary federal regulator of national banks, announced Brian P…more

Blockchain, Cryptocurrency, Financial Services Committee, FinTech, OCC

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New Accessibility Requirements in Effect for Video Game Software

As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and…more

Accessibility Rules, CVAA, Disability, FCC, Software Developers

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PCAOB Proposes Significant Changes To Auditor’s Report And Responsibilities For Annual Reports Filed With The SEC

As a result of ongoing efforts to improve the informational value of the auditor’s reporting model, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed two new auditing standards for public comment…more

Annual Reports, Auditors, Audits, PCAOB, Reporting Requirements

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SEC Adopts Amendments to Expand Accredited Investor Definition

The U.S. Securities and Exchange Commission adopted amendments on August 26, 2020, to update the definition of “accredited investor” in Rule 501(a) of the Securities Act of 1933. The amendments will allow more investors to…more

Accredited Investors, Amended Rules, Investment Advisers Act of 1940, Limited Liability Company (LLC), Qualified Institutional Buyers

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Council on Environmental Quality Proposes Revisions to 2020 NEPA Regulations

The Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration. The Proposed Rule, published in the October 7, 2021 Federal…more

CEQ, Climate Change, Environmental Justice, Environmental Policies, Federal Register

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Is Your Board Gender Diverse Yet? Washington Public Companies Reminded of Upcoming Board Diversity Requirement

When the Women on Corporate Boards Act (Section 1 of Substitute Senate Bill 6037) became effective on June 11, 2020, Washington became the second state (after California) to affirmatively address gender diversity on public…more

Board of Directors, Corporate Governance, Diversity, Gender Equity, Publicly-Traded Companies

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Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online…more

Artificial Intelligence, Contractual Safeguards, Copyright, Intellectual Property Protection, Machine Learning

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Abandoned Hospital Merger Reveals Lessons for Healthcare M&A

A proposed healthcare acquisition was abandoned following the Federal Trade Commission’s (FTC or the Commission) unanimous vote to oppose the transaction. In the face of 5-0 FTC opposition, New Jersey providers RWJBarnabas…more

Acquisitions, Corporate Counsel, Federal Trade Commission (FTC), Health Care Providers, Healthcare

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NLRB Provides Employers with New Manual Election Standards

Employers facing union representation elections have spent the pandemic trying to satisfy the National Labor Relations Board’s (Board) requirements to hold a manual, ballot box election, only to be refused in the vast majority…more

Ballots, Coronavirus/COVID-19, Employees, Employer Liability Issues, Extraordinary Circumstances Exception

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COVID-19 Related State Reopening Executive Orders & Guidance Tracker - Update

Each state’s guidance is rapidly updated and changing, and each state’s orders and respective reopening guidance should be reviewed to determine any exceptions, restrictions, or other intricacies around the reopening of any…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Extensions, Legislative Agendas

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EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s guidance…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Disability Discrimination, Employees, Employer Liability Issues

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SEC Spotlights Crypto With New “Safeguarding Rule” Proposal

On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) published sweeping and controversial proposed amendments to Rule 206(4)-2 (Custody Rule) under the Investment Advisers Act of 1940 (Advisers Act). Last…more

Cryptocurrency, Custody Rule, Misappropriation, Proposed Amendments, Proposed Rules

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SEC and U.S. Attorney’s Office Bring Action Against Promoter of Bitcoin Store, Inc.

On June 30, 2017, the SEC and the U.S. Attorney brought parallel civil and criminal fraud charges against Renwick Haddow, the owner of an unregistered broker-dealer entity named InCrowd Equity Inc., and two corporate entities…more

Asset Freeze, Bitcoin, Broker-Dealer, Criminal Prosecution, Department of Justice (DOJ)

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Brand Sustainability: Practical Considerations for Creating IP Enforcement Programs

This summer, we have provided information on supply chain and forced labor risks, proper substantiation of green advertising claims, alternative corporate forms to promote sustainability efforts, understanding a public company’s…more

Advertising, Brand, Counterfeiting, Enforcement, Forced Labor

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DOJ’s New National Cryptocurrency Enforcement Team Portends Wave of Criminal Scrutiny

On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) is stepping further into the cryptocurrency fray by creating the National Cryptocurrency Enforcement Team (NCET)…more

Biden Administration, Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets

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Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists regardless…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Construction Litigation, Construction Project

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BARDA BioMaP-Consortium Up and Running

In a previous Update, we reported on the Biomedical Advanced Research and Development Authority’s (BARDA) plans to implement the new Biopharmaceutical Manufacturing Preparedness-Consortium (BioMaP-Consortium or Consortium),…more

Biomedical Advanced Research and Development Authority (BARDA), Biopharmaceutical, Department of Health and Human Services (HHS), Export Administration Regulations (EAR), Infectious Diseases

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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CFTC Crypto Charges & Settlements Timeline - October 2022 Update

The Commodity Futures Trading Commission (CFTC) Settlements Timeline serves as an interactive compilation of select CFTC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to…more

Bitcoin, Blockchain, CFTC, Cryptocurrency, Digital Assets

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The American Privacy Rights Act: Could This Be the One?

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion draft…more

Algorithms, Artificial Intelligence, Biden Administration, Data Brokers, Data Privacy

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IPR Evolution: Decisions and Developments Shaping Inter Partes Review Practice - Volume II, December 2021

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Post-Grant Review, USPTO

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D.C. Circuit Reaffirms Validity of Attorney-Client Privilege and Work Product Protection in Internal Investigations

On August 11, 2015, in United States ex rel. Barko v. Halliburton et al., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), the U.S. Court of Appeals for the D.C. Circuit issued an important opinion vacating another series of…more

Appeals, Attorney-Client Privilege, Barko v Halliburton, Depositions, False Claims Act (FCA)

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Considerations for Launching an E-commerce Platform

COVID-19 is the biggest disruption to consumer retail spending patterns in recent history. Store closures and stay-at-home orders have accelerated the adoption of e-commerce, and U.S. consumers are expected to spend more than…more

Advertising, Brick-and-Mortar Stores, Contests & Promotions, Coronavirus/COVID-19, Data Security

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The FY 2023 National Defense Authorization Act: Key Provisions Relevant to Defense Contractors

Inflation relief for defense contractors, a ban on procurement of products and services containing certain Chinese semiconductors, and codification of the Federal Risk and Authorization Management Program (FedRAMP) governing…more

Acquisitions, Artificial Intelligence, China, Cloud Computing, Cybersecurity

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U.S. Supreme Court finds in Favor of Taxpayer Trust Beneficiary in Kaestner

On June 21, 2019, the U.S. Supreme Court issued its opinion in North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust. This unanimous decision stated that the State of North Carolina may not tax trust…more

Beneficiaries, Due Process, Estate Tax, Exclusive Control, Forum State

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Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup Levels

The Washington State Department of Ecology (Ecology) recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl…more

Contamination, MTCA, PFAS, Washington

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IRS to Target High Net Worth Individuals, Private Foundations, and Associated Entities Beginning in July 2020

The Internal Revenue Service (IRS) intends to audit hundreds of high net worth individuals and their related entities starting this month. The campaign, announced at a conference by a top IRS division commissioner, will include…more

Audits, C-Corporation, Foreign Assets, Gifts, High Net-Worth

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Impact of Tax Reform on Some Private Company Equity Awards: Limited Income Tax Deferral Opportunities for Employees

The recent tax reform bill, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the Act), was signed into law on December 22, 2017. The Act includes a new income tax deferral regime for certain employee stock options and…more

Corporate Taxes, Deferred Compensation, Income Taxes, ISOs, Notice Requirements

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FTC Proposes Rule Addressing Use of AI To Impersonate Individuals

The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide goods…more

Artificial Intelligence, Data Security, Federal Trade Commission (FTC), Foreign Trade Regulations, Machine Learning

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Labor Law Developments to Expect During a Biden Administration

President-elect Biden has long been allied with the labor movement, and during his tenure as vice president, the administration pursued policies favorable to organized labor. The same should be expected following his January…more

Biden Administration, Fair Pay and Safe Workplaces, Federal Contractors, Joint Employers, NLRA

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Automated Vehicles: Do New Act and Policy Clarify the Regulatory Future?

The Trump administration took its first major step to facilitate the deployment of automated vehicles with the Department of Transportation’s release of “Automated Driving Systems 2.0: A Vision for Safety,” an update to the 2016…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, Federal v State Law Application, New Legislation

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USDOT Seeks Input on Unnecessary Rules and Policies Impeding Transportation Infrastructure Projects

The U.S. Department of Transportation (USDOT) announced today that it has initiated a review of its existing policies, guidance documents and regulations to identify “unnecessary obstacles to” transportation infrastructure…more

Department of Transportation (DOT), Environmental Review, Federal Budget, Fixing America’s Surface Transportation Act (FAST Act), Infrastructure

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The Foreclosure Abuse Prevention Act is Now Law

On December 30, 2022, New York Governor Kathy Hochul signed into law the Foreclosure Abuse Prevention Act (FAPA) after the bill’s passage by both the New York state senate and the assembly. FAPA is a direct response to a New…more

Appeals, Borrowers, Foreclosure, Lenders, New Legislation

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JOBS Act: SEC Adopts Rules To Permit General Solicitation And Advertising For Private Offerings

When enacted on April 5, 2012, Title II of the Jumpstart Our Business Startups Act of 2012 (JOBS Act) endeavored to lift the long-standing ban on general solicitation and advertising for private securities offerings under Rule…more

Accredited Investors, Advertising, General Solicitation, Investors, JOBS Act

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The American Privacy Rights Act: Could This Be the One?

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion draft…more

Algorithms, Artificial Intelligence, Biden Administration, Data Brokers, Data Privacy

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SEC Speaks Out on SPACs

When a significant volume of capital is raised from investors through nontraditional capital markets transactions, the U.S. Securities and Exchange Commission (SEC) is sure to follow with increased scrutiny. The SEC made that…more

Capital Investments, Capital Markets, Corp Fin, Disclosure Requirements, Initial Public Offering (IPO)

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New Tax Bill Eliminates Deductibility of Confidential Sexual Harassment Settlements

Although business-related settlement payments (and attorneys’ fees) are generally tax-deductible, the 2017 Tax Cuts and Jobs Act (the Tax Act) restricts an employer’s ability to obtain tax deductions for settlements of sexual…more

Attorney's Fees, Employer Liability Issues, Hostile Environment, New Legislation, Non-Disclosure Agreement

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Stormy Weather: The Coronavirus Pandemic’s Impact on the Music Industry

The COVID-19 pandemic is upending the entertainment industry, with music, film and television, and other industry sectors experiencing profound disruptions to the status quo. The economic and cultural effects of the pandemic may…more

Adverse Impact, Artists, Business Interruption, Coronavirus/COVID-19, Entertainment Industry

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New Rules Regarding Repayment of Candidate Loans

Last month, a three-judge federal district court struck down as unconstitutional a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), which limited the amount of money a candidate’s authorized committee could raise…more

Federal Election Commission (FEC), Loans, New Rules, Political Contributions, SCOTUS

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Race-Related Hair Discrimination Is Now Prohibited in Texas

Texas Governor Greg Abbott recently signed the Creating a Respectful and Open World for Natural Hair Act (Texas CROWN Act), which will go into effect on September 1, 2023. The Texas CROWN Act prohibits employers, labor unions,…more

Anti-Discrimination Policies, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Hairstyle Discrimination, New Legislation

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2020 Summer Sustainability Series - Issue 1

“Sustainability” is more than just a buzzword or corporate initiative in the outdoor industry. It’s not an idea haphazardly thrown into marketing directives as an afterthought to persuade consumers that a brand is worthy of an…more

Business Strategies, Corporate Governance, Environmental Social & Governance (ESG), Marketing, Sustainability

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FERC Meeting Agenda Summaries for June 2023

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on June 15, 2023, at 10:00 a.m. ET. The summaries below are based on publicly…more

Certificate of Public Convenience and Necessity, Electricity, Energy Sector, FERC, Oil & Gas

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Preparing for the 2024 Public Company Reporting Season

In anticipation of the upcoming reporting season, this Update highlights some of the most significant rule changes, guidance, institutional investor areas of focus, and trends for public companies to consider in preparing annual…more

10b5-1 Plans, Board of Directors, Clawbacks, Corporate Governance, Cybersecurity

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CAISO Releases Ambitious 2023-2024 Transmission Plan To Address State’s Climate Goals

California Independent System Operator (CAISO) released its draft 2023-2024 Transmission Plan (the 2023-2024 Plan) on April 1, 2024. As expected, the 2023-2024 Plan incorporates projections for significant new generation of…more

CAISO, California, California Energy Commission, Climate Action Plan, Climate Change

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Oregon Settlement Expands Disclosure Obligations Of Physicians Receiving Payments From Drug And Device Manufacturers

As of August 1, 2013, pharmaceutical companies and medical device manufacturers are required to report to the federal government payments made to physicians under the Physician Payment Sunshine Act (PPSA)…more

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Updated Language to Federal Rule of Evidence 702: What Litigators Should Know

Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways…more

Evidence, Expert Testimony, Expert Witness, Federal Rules of Evidence, Rule of Evidence 702

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FTC Announces Data Breach Reporting Obligation Under GLBA Safeguards Rule

Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA) announced on October 27, 2023, the Federal Trade Commission (FTC) will require a broad range of nonbank financial institutions to notify the FTC…more

Breach Notification Rule, Data Breach, Federal Trade Commission (FTC), Financial Institutions, GLBA Privacy

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CT Attorney General Highlights Key Areas of Enforcement, Suggests Legislative Changes

Connecticut was one of the first U.S. states to pass a comprehensive data privacy law back in May 2022. Today, a total of 13 states have passed similar laws, and dozens of other states are proposing legislation to do so as well…more

Biometric Information, Consumer Privacy Rights, Data Breach, Data Brokers, Data Protection

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Ten Considerations for Developing an Effective Generative AI Use Policy

This year’s news has been full of stories about “generative” artificial intelligence (AI) applications. Generative AI tools create code, text, images, and other content in response to text prompts, queries, and other inputs…more

Acceptable Use Policy, Artificial Intelligence, Compliance, Data Privacy, Data Security

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The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”…more

Appeals, Attorney-Client Privilege, Business Litigation, Class Action, Confidential Communications

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The SEC Speaks In 2014: Enhanced Statutory Regime Combined With Data Analytics Tools Results In Enforcement 2.0

The annual “SEC Speaks Conference,” where the U.S. Securities and Exchange Commission (SEC) and its senior staff review the major developments from the prior year, and preview the SEC’s enforcement priorities for the upcoming…more

Daniel Gallagher, Dodd-Frank, Enforcement, Foreign Corrupt Practices Act (FCPA), Fraud

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The New Health Privacy Landscape—Out of the Frying Pan and Into the Fire

Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act (HIPAA), a…more

Data Privacy, Data Protection, Department of Health and Human Services (HHS), Digital Health, Federal Trade Commission (FTC)

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Enforcement of CPRA Regulations Delayed but Don’t Abandon Privacy

The day before the California Privacy Rights Act (CPRA) became enforceable on July 1, we learned that enforcement of the first set of implementing regulations finalized by the California Privacy Protection Agency (CPPA) under…more

California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Privacy Laws, Proposed Regulation, Regulatory Agenda

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The District of Columbia Implements a Modified Ban on Non-Compete Provisions

After more than a year of delays and revisions, the long-awaited Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) took effect beginning October 1, 2022, following the passage of the Non-Compete Clarification…more

Consumer Price Index, Covered Employees, Employment Contract, Enforcement, Highly Compensated Employees

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Dear Enterprise, Have You Developed a Sound and Methodical Blockchain Consortia Engagement Strategy?

Recently, Forbes published an article detailing the ways that large companies, including some of the best-known companies in tech, finance, manufacturing and retail, are forming or joining blockchain consortia or other…more

Blockchain, Business Development, Distributed Ledger Technology (DLT), Financing, Joint Venture

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Accounting Group Again Requests Guidance From The IRS on Virtual Currency Tax Issues

The primary professional organization for accounting professionals (AICPA) recently renewed their requests to the Internal Revenue Service for U.S. virtual currency guidance on key tax issues. The IRS has not shown any…more

Accounting, AICPA, American Bar Association (ABA), Cryptocurrency, IRS

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The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?

After nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission (SEC) adopted a Final Rule on Mandatory Climate Disclosures (Final Rule). While less sweeping than initially proposed, the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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CFPB Files Petition for Writ of Certiorari Seeking Expedited Review of Fifth Circuit Decision Finding Funding Structure Unconstitutional

The Consumer Financial Protection Bureau has survived many constitutional challenges since it was created by the Consumer Financial Protection Act, 12 U.S.C. §§ 5481, et seq. (the “Act”), in 2011. But on October 19, 2022, the…more

Appropriations Bill, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Payday Lending Rule

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Buried in the Fine Print—The FTC Addresses Prior Express Consent Under the TSR

In a July 14, 2015 letter to PayPal, the FTC indicated that consent language buried within a “lengthy user agreement” does not satisfy the requirement under the Telemarketing Sales Rule (TSR) that companies obtain prior express…more

Federal Trade Commission (FTC), PayPal, Prior Express Consent, Robocalling, TCPA

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Trump Administration Issues Draft Guidance on Greenhouse Gas Emissions Evaluation Under NEPA

The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for…more

Climate Change, Draft Guidance, Environmental Assessments, Environmental Impact Report (EIR), Environmental Policies

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Beyond MAE: COVID-19-Related M&A Lawsuits in the Delaware Court of Chancery

Several COVID-19-related mergers and acquisitions (M&A) complaints have been filed with the Delaware Court of Chancery since the start of this month, with spurned sellers alleging that buyers experienced a change of heart due to…more

Acquisitions, Contract Termination, Contract Terms, Coronavirus/COVID-19, Corporate Counsel

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Avoiding Lawsuits under the ADA

As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls. Title III of…more

Accessibility Rules, Americans with Disabilities Act (ADA), Commercial General Liability Policies, Department of Justice (DOJ), Disability

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New HIPAA Phase 2 Audits: Targets Notified by Email Only

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced the long-awaited launch of Phase 2 of its HIPAA Audit Program (Phase 2 Audits). The Phase 2 Audits will review the policies and…more

Breach Notification Rule, Business Associates, Covered Entities, Data Breach, Health Care Providers

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COVID-19: Public Company Annual Meeting Considerations

As the effects of the coronavirus (COVID-19) continue to develop, public companies are faced with a variety of concerns, including the impact “social distancing” recommendations and restrictions will have on annual shareholder…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, New Guidance, Proxy Statements

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Absolute Pollution Exclusion—Not So Absolute

Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute. In Xia et al. v…more

Bad Faith, Breach of Contract, Commercial General Liability Policies, Construction Defects, Denial of Insurance Coverage

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California Supreme Court Broadens Whistleblower Protections

The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor Code…more

Anti-Retaliation Provisions, CA Supreme Court, California, Disclosure, DLSE

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Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust Regulations

Alaskans should prepare for major changes to the unique legal framework governing tribal lands in Alaska. In mid-November, the U.S. Department of the Interior (DOI) announced that it can acquire lands in trust for Alaska’s 231…more

Alaska, Alaska Native Claims Settlement Act (ANCSA), Biden Administration, Department of the Interior, Indian Tribal Trusts

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Compliance Burdens Grow With Rule Barring Government Contractors’ Use of Telecommunications Equipment or Services From Certain Chinese Companies

The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei Technologies…more

China, Compliance, Federal Acquisition Regulations (FAR), Federal Contractors, Huawei

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Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit

Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021) The court of appeal found that the California Coastal Commission erred by…more

CEQA, Environmental Impact Report (EIR), Environmental Policies, Environmental Review, Permits

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Major Changes to Illinois’ Non-Compete and Non-Solicit Laws: Company Agreements Likely Require Revision

As of January 1, 2022, Illinois employers are more limited in their ability to bind employees to non-competition and non-solicitation agreements. These changes stem from a recent amendment to the Illinois Freedom to Work Act,…more

Construction Industry, Coronavirus/COVID-19, Employees, Employer Liability Issues, Employment Contract

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NYDFS Changes to Proposed BitLicense Regulations

The New York State Department of Financial Services (“NYDFS”) released its revised proposed BitLicense regulations on February 4, 2015. Changes from NYDFS’ initial proposed regulations are listed below. Among the more…more

Bitcoin, BitLicense, Licensing Rules, NYDFS, Popular

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Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting…more

Administrative Procedure Act, BOEM, Business Litigation, Endangered Species Act (ESA), Energy Projects

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FinTech in Review

The effective date of the new same-day Automated Clearing House (“ACH”) processing window (which would expand the end-of-day deadline to originate same-day transactions by two hours to 4:45 p.m. ET (1:45 p.m. PT)) has been…more

Board of Governors, Dodd-Frank, Federal Reserve, Federal Trade Commission (FTC), Financial Institutions

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What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?

President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018. Among the 2018 Farm Bill’s broad-ranging provisions, it legalizes the cultivation and sale of…more

Agricultural Sector, Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Enforcement Actions

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Antitrust and COVID-19: Antitrust Immunity and Emergency Federal Powers

There are many ways that companies can cooperate with each other to combat COVID-19 without running afoul of antitrust laws. But companies considering cooperating with competitors should be aware of and assess potential…more

Antitrust Violations, Coronavirus/COVID-19, Defense Production Act, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Distressed Bank Update as of March 12, 2023

At 6:15 p.m. ET on March 12, 2023, the Department of the Treasury, Federal Reserve, and FDIC announced “actions enabling the FDIC to complete its resolution of Silicon Valley Bank, Santa Clara, California, in a manner that fully…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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FCC Paves the Way for New Broadband Wi-Fi Services in the 6 GHz Band

In response to great interest from Silicon Valley, Federal Communications Commission Chairman Ajit Pai has released draft rules that would make valuable spectrum available for unlicensed wireless broadband services (i.e., Wi-Fi)…more

Broadband, FCC, Notice of Proposed Rulemaking (NOPR), Public Comment, Rulemaking Process

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“I’m Sorry, Dave, I’m Afraid I Can’t Invent That” USPTO Holds That an Artificial Intelligence (AI) Cannot Be an Inventor

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t do…more

Artificial Intelligence, Computer-Related Inventions, Corporate Counsel, Intellectual Property Protection, Inventors

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Proposed FAR Rules Introduce New Compliance Obligations and False Claims Act Risks for Government Contractors

The Federal Acquisition Regulatory (FAR) Council published two proposed rules on October 3, 2023, that would impose significant new cybersecurity obligations on government contractors, including requiring them to share…more

Compliance, Cybersecurity, False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors

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Business Loss Insurance Coverage for Port Explosions in China

Massive explosions occurred at a warehouse in Tianjin, China, in August 2015, that left hundreds of people dead or injured and destroyed much of the city’s port facilities. Tianjin is located in the industrial north of China…more

Business Interruption, China, Commercial Insurance Policies, Explosions, Industrial Space

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Changes to Washington Estate Tax Treatment of Real Property Owned by Business Entities

The Washington Department of Revenue (DOR) on May 28, 2020, published a Special Notice advising that beginning June 1, 2020, in determining a decedent’s taxable estate for Washington estate tax purposes, the DOR will treat a…more

Amended Tax Returns, Department of Revenue, Estate Tax, Intangible Property, State and Local Government

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Accounting Group Again Requests Guidance From The IRS on Virtual Currency Tax Issues

The primary professional organization for accounting professionals (AICPA) recently renewed their requests to the Internal Revenue Service for U.S. virtual currency guidance on key tax issues. The IRS has not shown any…more

Accounting, AICPA, American Bar Association (ABA), Cryptocurrency, IRS

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DOJ Procurement Collusion Strike Force Revs Up in 2022

Continuing its prolific run of indictments, guilty pleas, and convictions, on July 13, 2022, the U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF or Strike Force) secured a guilty plea from a Texas…more

Antitrust Division, Antitrust Violations, Bid Rigging, Convictions, Department of Justice (DOJ)

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Pro Golfers Tee Off Antitrust Suit Against PGA Tour

A group of 11 professional golfers launched an antitrust suit in the U.S. District Court for the Northern District of California against the PGA Tour, Inc. (the PGA Tour) on August 3, 2022..…more

Antitrust Division, Antitrust Investigations, Antitrust Litigation, Competition, Corporate Counsel

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Blockchain Week in Review - August 2020 #2

U.S. Developments - California Appellate Court Upholds Coinbase Summary Judgement - On August 10, California’s First Appellate Court sustained a summary judgment from a lower court in favor of Coinbase against plaintiff…more

Appellate Courts, Bitcoin, Blockchain, Canada, Coinbase

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CT Attorney General Highlights Key Areas of Enforcement, Suggests Legislative Changes

Connecticut was one of the first U.S. states to pass a comprehensive data privacy law back in May 2022. Today, a total of 13 states have passed similar laws, and dozens of other states are proposing legislation to do so as well…more

Biometric Information, Consumer Privacy Rights, Data Breach, Data Brokers, Data Protection

See all updates »

Congress Opens Streamlined Reorganization Process to More Debtors

An important improvement aimed at ensuring a faster, less expensive, and more tailored approach to reorganizations involving smaller businesses was embedded in the recent $2 trillion recovery package known as the Coronavirus…more

Affiliated-Business Arrangements, Board of Directors, Business Interruption, CARES Act, Coronavirus/COVID-19

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Repeal Of Requirements For Arizona Registration Of Charities Soliciting Donations In Arizona

As of September 13, 2013, the Arizona Secretary of State is no longer accepting registrations from charities that solicit charitable donations in Arizona. Arizona House Bill 2457 repealed the former Section 44-6552 of the…more

Charitable Donations, Registration

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New Year’s Resolutions for Successful Brand Partnerships in 2023

As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products…more

Advertising, Brand, Celebrity Endorsements, Consumer Product Companies, Endorsements

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Trademark Modernization Act of 2020: Three New Year’s Gifts for Brand Owners

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020, making several changes to the Lanham Act that have important effects on trademark owners’ brand protection programs. Consistent with the…more

Brand, Extensions, Irrebuttable Presumptions, Irreparable Harm, Lanham Act

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Labor Law Today—2023 Year in Review

In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance…more

Confidentiality Policies, Employee Benefits, Employee Rights, Employees, Employer Liability Issues

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The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious Accommodations

The Supreme Court of the United States issued its opinion in Groff v. DeJoy (opinion here) on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the accommodation…more

Americans with Disabilities Act (ADA), Certiorari, Civil Rights Act, De Minimus Doctrine, Disability Discrimination

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Supreme Court Delivers a Win for Employers, Upholds Employment Agreements Requiring Arbitration

In Epic Systems Corp. v. Lewis, __ U.S. __ (2018), the United States Supreme Court upheld an employment contract provision that requires employees to individually arbitrate any disputes with the employer. In a 5-4 opinion…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

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Delaware Supreme Court Holds Federal Forum-Selection Provisions Are Sometimes Enforceable

Reversing the Delaware Court of Chancery, the Supreme Court of Delaware held in Salzberg v. Sciabacucchi, No. 346, 2019 (Del. March 18, 2020) that corporate forum-selection provisions requiring claims under the Securities Act of…more

DE Supreme Court, Delaware General Corporation Law, Forum Selection, Securities Act of 1933, Securities Litigation

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EU Takes Step Toward Approval of EU-US Data Privacy Framework

As U.S.-based companies await a decision by the European Union (EU) regarding data transfers, the European process for approving the EU-U.S. data privacy framework has progressed a step. The European Commission released a draft…more

Binding Corporate Rules, Data Privacy, Data Protection, EU, EU-US Privacy Shield

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China Releases First Draft Personal Information Protection Law

After struggling with developing a national-level data privacy law for over a decade, the National People’s Congress of People’s Republic of China released the draft Personal Information Protection Law (Draft Law) on October 21,…more

China, Cross-Border, Cybersecurity, Data Privacy, EU

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March Tip of the Month: Employees May Now Sue Employers for Alleged Violations of the New York City Earned Safe and Sick Leave Law

In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law),…more

City of New York, Employee Benefits, Employee Rights, Employees, Employer Liability Issues

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Contractual Considerations in the Wake of Coronavirus (COVID-19)

In the wake of coronavirus (COVID-19), parties may (1) be in a contractual relationship with a counterparty that asserts it cannot perform or (2) find themselves unable to fulfill their own contractual obligations. Thus, force…more

Business Interruption, Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Change Clauses (MACs), Performance Standards

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FDA Announces Action Plan for Oversight of AI/ML in Medical Devices

On January 12, 2021, the U.S. Food and Drug Administration (FDA) released the Artificial Intelligence/Machine Learning (AI/ML)-Based Software as a Medical Device (SaMD) Action Plan (Action Plan). The Action Plan expresses that…more

Artificial Intelligence, CDRH, Food and Drug Administration (FDA), Health Care Providers, Machine Learning

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FTC Brings First Standalone Section 5 Unfairness Claims for Unreasonable Data Retention and Inaccurate Breach Notice

On February 1, 2024, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment. According…more

Breach Notification Rule, Consent Order, Data Deletion, Data Retention, Data Security

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Practical Guidance on FAST Act Changes to JOBS Act and SEC Disclosure Requirements

Tucked into the 490 pages of the Highway Transportation Bill that President Obama signed into law in December 2015, known as the Fixing America’s Surface Transportation Act (FAST Act) and which largely deals with transportation…more

Disclosure Requirements, Emerging Growth Companies, Financial Statements, Fixing America’s Surface Transportation Act (FAST Act), Form 10-K

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Europe’s New Global Data Protection Law

After nearly four years of amendments and negotiations, the European Parliament, Council of the European Union and European Commission reached a political agreement on the proposed General Data Protection Regulation (GDPR) on…more

Data Breach, EU, EU Data Protection Laws, Penalties, Personal Data

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New Space Investments and Acquisitions Take Off

This article is the first of a series by the Perkins Coie New Space industry group on developments in the "new space" industry. Responsible for lowering the cost to access space, the "new space" industry has been developing…more

Acquisitions, Capital Markets, Corporate Governance, Emerging Growth Companies, Investment

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Colorado’s Marijuana Financial System Unlikely To Solve Pot Banking Dilemma

In January 2014, Colorado became the first state in the Union to permit the sale of recreational marijuana. On May 7, 2014, Colorado made history again by passing the Marijuana Financial Services Cooperatives Act (the…more

Banks, Marijuana, Marijuana Cultivation

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Floating Offshore Wind in the Gulf of Maine—BOEM Announces Next Steps Toward Development

The Bureau of Ocean Energy Management (BOEM) announced on March 18, 2024, the identification of a final Wind Energy Area (WEA) of 2,000,902 acres for commercial leasing and potential development of floating wind on the Outer…more

BOEM, Clean Energy, Commercial Leases, Energy Projects, Energy Sector

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USPTO Announces COVID-19 Prioritized Examination Pilot Program for Small Entity and Micro Entity Applicants

On May 8, the United States Patent and Trademark Office (USPTO) announced a new COVID-19 Prioritized Examination Pilot Program (CPEPP). This pilot program grants prioritized examination to applicants qualifying for small or…more

Coronavirus/COVID-19, Filing Requirements, Prioritized Examination, USPTO, USPTO Pilot Program

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Deadline Approaching for Refiling Designated Agent Information Under Digital Millennium Copyright Act

Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations. Starting…more

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

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“I’m Sorry, Dave, I’m Afraid I Can’t Invent That” USPTO Holds That an Artificial Intelligence (AI) Cannot Be an Inventor

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t do…more

Artificial Intelligence, Computer-Related Inventions, Corporate Counsel, Intellectual Property Protection, Inventors

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New My Health My Data Act Part 3: The Wide Reach of the New Washington Privacy Legislation

This Update is the third installment of the ongoing series covering Washington state’s new My Health My Data Act (the Act). Part 1 provided a high-level outline of the entities regulated under the Act and the corresponding…more

Biometric Information, Genetic Materials, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Delaware Bankruptcy Court Decision Strengthens Protections for Healthcare Providers in Bankruptcies

In an August 2019 case argued by Perkins Coie attorneys, the U.S. Bankruptcy Court for the District of Delaware ruled that the automatic stay under section 362(a) of the Bankruptcy Code bars the Centers for Medicare & Medicaid…more

Administrative Remedies, Automatic Stay, Bankruptcy Court, Centers for Medicare & Medicaid Services (CMS), Chapter 11

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EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

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Cal/OSHA Provides Guidance for Employers Developing Workplace Violence Prevention Plans

California’s Division of Occupational Safety and Health (Cal/OSHA) published a model workplace violence prevention plan and fact sheets for applicable industries to help employers comply with SB 553. As we noted in our 2023…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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EPA Issues Rule Approving New ASTM E1527-13 Standard For All Appropriate Inquiries

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site…more

CERCLA, Environmental Assessments, Environmental Protection Agency (EPA), Hazardous Substances, Land Developers

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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SPACs: Frequently Asked Questions

Among other things, 2020 will be remembered as a year that saw a boom in the use of Special Purpose Acquisition Companies (SPACs) as a robust alternative to an initial public offering (IPO). A SPAC is a company formed to raise…more

Corporate Governance, Financial Statements, Initial Public Offering (IPO), Investors, Mergers

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges…more

Advertising, Artificial Intelligence, Consumer Privacy Rights, COPPA, Corporate Counsel

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Navigating Proposition 19: Planning for 2021 Changes to California Real Property Tax Reassessment Rules

On November 3, 2020, California voters narrowly approved Proposition 19 (The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act) and with it comes significant property tax…more

Change of Ownership, Heirs, New Rules, Popular, Property Owners

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It’s Official: Cybersecurity Disclosure Is Coming This Year

The U.S. Securities and Exchange Commission (SEC) adopted final rules on July 26, 2023, requiring public companies to provide current disclosure, within what may be a short time window, about material cybersecurity incidents and…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules

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New CMS Rule Requires Extrapolation of Medicare Advantage RADV Audit Findings

The Centers for Medicare and Medicaid Services (CMS) published its final rule regarding the Medicare Advantage (MA) Risk Adjustment Data Validation (RADV) program in early February 2023. Among other matters, the final rule…more

Audits, Centers for Medicare & Medicaid Services (CMS), Compliance, Department of Health and Human Services (HHS), False Claims Act (FCA)

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Biden Executive Order Significantly Broadens Ethics Requirements for Appointees

In one of his first official acts, President Biden signed an executive order that sets stringent ethics rules for incoming executive branch appointees. The Executive Order on Ethics Commitments by Executive Branch Personnel…more

Biden Administration, Ethics, Executive Orders, Foreign Agents, Foreign Agents Registration Act (FARA)

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The SEC Speaks in 2022: Five Key Takeaways

At the Practicing Law Institute’s annual SEC Speaks conference, U.S. Securities and Exchange Commission (SEC) leadership highlighted the agency’s current enforcement priorities and previewed its agenda for the year to come..…more

Cryptoassets, Cybersecurity, Disclosure Requirements, Enforcement, Environmental Social & Governance (ESG)

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Challenge to Colorado Equal Pay for Equal Work Act Will Have Important (and Costly) Implications for Employers

Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay,…more

Department of Labor (DOL), Dormant Commerce Clause, Employees, Employer Liability Issues, Employer Responsibilities

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2022 Summer Sustainability Series: A Look Back

Last week we observed the first day of fall, offering an opportunity to look back at the summer that was. Summer 2022 was marked by continued supply chain disruptions; inflation; and acceleration of environmental, social, and…more

Blockchain, Business Strategies, Climate Change, Consumer Product Companies, Emerging Technology Companies

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Pre-1969 Fill of Shoreline Area Not a Violation of the Public Trust Doctrine

The Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in the…more

Navigable Waters, Public Nuisance, Public Trust Doctrine, Real Estate Development, Regulatory Oversight

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New Law Criminalizes Streaming: What Businesses Need to Know

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center…more

Copyright, Coronavirus/COVID-19, Criminal Penalties, Internet Streaming, Live Streaming

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Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v…more

Appeals, CEQA, City Councils, Land Developers, Legislative Process

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IPR Evolution: Decisions and Developments Shaping Inter Partes Review Practice - Volume II, December 2021

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Post-Grant Review, USPTO

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California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage Claims

Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses…more

Employer Liability Issues, Long Term Care Facilities, New Legislation, Popular, Property Management Companies

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Software Developer Accused Of Aiding And Abetting Illegal Gambling

On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities…more

Aiding and Abetting, Licenses, Online Gaming, Software, Software Developers

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Supreme Court Restores Trump FCC’s Deregulation of Media Ownership Rules

The U.S. Supreme Court’s decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. …more

Administrative Procedure Act, FCC, FCC v Prometheus Radio Project, Government Agencies, Judicial Review

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COVID-19 and Construction Contracts: Considerations for Owners and Developers

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects. Even those construction projects permitted to continue under the…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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Fintech Week in Review - April 2021 #2

FDIC Consumer Compliance Supervisory Highlights Fair Lending Risks - The Federal Deposit Insurance Corporation (FDIC) has issued the March 2021 edition of its Consumer Compliance Supervisory Highlights. The publication was…more

Basel Committee on Banking Supervision (BCBS), EU, Fair Lending, FDIC, Financial Services Industry

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Chancery Court Applies Onerous Entire Fairness Standard in First SPAC-Related Decision

In one of the first decisions to analyze fiduciary duty claims in the context of a special purpose acquisition company (SPAC) merger, the Delaware Chancery Court recently sustained the legal viability of a putative shareholder…more

Disclosure Requirements, Duty of Loyalty, Fairness Standard, Fiduciary Duty, Mergers

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Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022

In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits…more

Compliance, Consolidated Appropriations Act (CAA), Contract Terms, Cyber Incident Reporting, Cybersecurity

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How Should U.S. Companies React To The Iran Nuclear Deal And Which Sanctions Are Suspended?

The United States agreed to suspend certain sanctions against Iran over the weekend as part of an agreement to curb the Iranian nuclear program. The agreement, which provides for a six-month first step towards a comprehensive…more

Barack Obama, Iran Sanctions, Nuclear Power, Office of Foreign Assets Control (OFAC), SDN List

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EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the…more

Americans with Disabilities Act (ADA), Employee Rights, Employees, Employer Liability Issues, Employment Policies

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Board Meetings In Times of COVID-19: SEC Relaxes Certain In-Person Meeting Requirements Under 1940 Act

In light of the recent novel coronavirus (COVID-19) outbreak and the challenges it presents for boards of directors to safely travel, the Securities and Exchange Commission (SEC) issued an order on March 13, 2020, (the order)…more

Coronavirus/COVID-19, Corporate Governance, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC)

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Changing Proxy Rules: SEC Proposes to Require Universal Proxy Cards

The SEC, by a two-to-one vote on October 26, 2016, proposed amendments to its proxy rules to require universal proxy cards in contested director elections at annual meetings of listed U.S. public companies. If adopted, the…more

Directors, Disclosure Requirements, Investors, Proxy Access, Proxy Season

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IRS Issues Proposed Regulations Relating to Digital Asset Transactions

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) recently released proposed regulations (REG-122793-19) pertaining to information reporting and backup withholding, as well as basis and amount…more

Blockchain, Brokers, Digital Assets, IRS, Proposed Regulation

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Muldrow Sets a New Standard for Workplace Discrimination

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did not…more

Adverse Employment Action, Civil Rights Act, Discrimination, Diversity and Inclusion Standards (D&I), Employee Transfers

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Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing Development

The Washington State Legislature kicked off its 2023 Legislative Session on Monday, January 9, 2023. A big focus this year is on affordable housing initiatives. This Update summarizes five significant affordable housing bills…more

Affordable Housing, Legislative Agendas, Multi-Family Development, Multi-Family Housing, New Legislation

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Cannabis Legal Report - October 2023

SAFER Banking Act Heads to Senate Floor - On September 27, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) was reported out from the Senate Committee on Banking, Housing, and Urban Affairs with…more

Banking Acts, Banking Sector, Cannabis Products, Cannabis-Related Businesses (CRBs), Legislative Agendas

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FTC Announces Data Breach Reporting Obligation Under GLBA Safeguards Rule

Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA) announced on October 27, 2023, the Federal Trade Commission (FTC) will require a broad range of nonbank financial institutions to notify the FTC…more

Breach Notification Rule, Data Breach, Federal Trade Commission (FTC), Financial Institutions, GLBA Privacy

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Federal Election Commission Clarifies Permissible Uses of Campaign Finance Data

This week the Federal Election Commission (FEC or the Commission) issued Advisory Opinion 2021-05 (Tally Up), telling a campaign vendor that it may not integrate federal campaign finance data into software that scores groups of…more

Advisory Opinions, Campaign Finance Reform, Federal Election Commission (FEC), Political Candidates, Political Contributions

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Mapping Future Enforcement in US Gaming Law Based on Recent UK Enforcement

Regulated gaming is booming in the United States. This is particularly true of newer forms of gambling, such as skill games, fantasy sports, and social casino games played on the internet and mobile applications. In fact, gaming…more

Anti-Money Laundering, Bank Secrecy Act, Emerging Technology Companies, Enforcement, Fantasy Sports

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FinCEN Solicits Comments on Striking Expansion of Anti-Money Laundering Obligations to Real Estate Sector

The Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) on December 6, 2021, soliciting comments on the potential extension of the Bank Secrecy Act (BSA), and the attendant…more

Advanced Notice of Proposed Rulemaking (ANPRM), Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Financial Crimes

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Cal/OSHA Provides Guidance for Employers Developing Workplace Violence Prevention Plans

California’s Division of Occupational Safety and Health (Cal/OSHA) published a model workplace violence prevention plan and fact sheets for applicable industries to help employers comply with SB 553. As we noted in our 2023…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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The American Privacy Rights Act: Could This Be the One?

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion draft…more

Algorithms, Artificial Intelligence, Biden Administration, Data Brokers, Data Privacy

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Opportunity to Address Evolving Standards and Risk Management in the Pandemic Aftermath

As the United States and the rest of the world move toward reopening economies, businesses will begin to shift from survival mode to “back to business.” But back to business may not be the same for many reasons beyond simply the…more

Board of Directors, Coronavirus/COVID-19, Corporate Governance, Customers, Employer Responsibilities

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Workers’ Compensation and COVID-19: What Washington’s Essential Businesses Should Know

As Washington businesses continue to operate under Governor Jay Inslee’s “Stay Home, Stay Healthy” order in the wake of the global COVID-19 pandemic, workers’ compensation may not be of primary concern. However, as we all play…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim, Workplace Safety

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Practical Guidance on Interpreting Force Majeure Provisions in the Wake of the COVID-19 Outbreak

With the escalating economic turmoil created by the coronavirus (COVID-19), companies are scrutinizing the force majeure provisions in their commercial agreements. Some companies are seeking to determine whether they can rely on…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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Supreme Court Holds Disparagement Clause Unconstitutional

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,…more

Appeals, Disparagement, First Amendment, Free Speech, Lanham Act

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Human Authorship Requirement Continues To Pose Difficulties for AI-Generated Works

2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question…more

Artificial Intelligence, Authorship, Canadian Intellectual Property Office (CIPO), Copyright, Copyright Infringement

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$18 Million Fine Levied for Campaign Finance Violation in Washington State

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance…more

Agricultural Land, Ballot Measures, Campaign Finance Reform, Corporate Counsel, Farms

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Beyond MAE: COVID-19-Related M&A Lawsuits in the Delaware Court of Chancery

Several COVID-19-related mergers and acquisitions (M&A) complaints have been filed with the Delaware Court of Chancery since the start of this month, with spurned sellers alleging that buyers experienced a change of heart due to…more

Acquisitions, Contract Termination, Contract Terms, Coronavirus/COVID-19, Corporate Counsel

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Digital Marketplace, Federal Trade Commission (FTC), Financial Services Industry

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The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?

After nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission (SEC) adopted a Final Rule on Mandatory Climate Disclosures (Final Rule). While less sweeping than initially proposed, the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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Experts In Patent Cases: Getting The Most Out Of Your Star Witness

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts …more

Claim Construction, Discovery, Expert Witness, Infringement, Motion To Strike

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Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the…more

Adverse Employment Action, Age Discrimination, Civil Rights Act, Discrimination, Employer Liability Issues

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SEC Approves 11 Spot Bitcoin Exchange-Traded Products

On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale…more

Appeals, Bitcoin, Cryptoassets, Cryptocurrency, ETFs

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DOE Announces Project Recipients for Seven Regional Clean Hydrogen Hubs

The U.S. Department of Energy (DOE) Office of Clean Energy Demonstrations (OCED) recently announced the project recipients selected for negotiation to develop seven regional clean hydrogen hubs across the United States. Funded…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Hydrogen Power

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Use of Generative AI in Litigation Requires Care and Oversight

In what may be the beginning of a trend, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas recently issued a new mandatory rule regarding the use of artificial intelligence (AI) in legal…more

Artificial Intelligence, Litigation Strategies, Machine Learning, Popular, Regulatory Oversight

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On the Discoverability of Virtual Meetings

In 1964, futurist Arthur C. Clarke predicted that in 50 years, people “will no longer commute—they will communicate.” For a significant portion of the American workforce, the future is now. COVID-19 has fundamentally changed how…more

All-Party Consent, Best Practices, Coronavirus/COVID-19, e-Discovery, Recording Requirements

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Political Contributions for the 2020 Election: What Prospective Donors Should Know

With the 2020 elections rapidly approaching, individuals may be considering making contributions to political candidates, campaigns, action committees (PAC), or parties. The following update identifies the campaign finance rules…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Federal Contractors, Federal Election Commission (FEC)

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Leveraging Artificial Intelligence and Machine Learning to Improve Holiday Sales

Why AI/ML Matters for the Retail Industry - Retailers worldwide are predicted to spend an unprecedented $2 billion on artificial intelligence/machine learning (AI/ML) capabilities in 2018. By 2022, that number will jump to…more

Artificial Intelligence, Automation Systems, Brick-and-Mortar Stores, Data Collection, Internet Retailers

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U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S…more

Bird Fatalities, Department of Justice (DOJ), Migratory Bird Treaty Act (MBTA), US Fish and Wildlife Service, Wind Power

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State Antitrust Lawsuit Challenges NCAA Recruitment Rules

In January of this year, the attorneys general of Tennessee and Virginia filed a federal antitrust lawsuit against the National Collegiate Athletics Association (NCAA). The lawsuit seeks to prevent the NCAA from enforcing…more

Antitrust Litigation, College Athletes, Compensation, Competition, Department of Justice (DOJ)

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Healthcare Industry Implications of the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act, known as the “CARES Act,” became law on March 27, 2020. The CARES Act implements wide-ranging changes to law and funding designed to ameliorate the coronavirus pandemic’s…more

CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Medicaid

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Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Appeals, Artists, Copyright, Copyright Infringement

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EBSA Guidance on COBRA Subsidy in the American Rescue Plan Act

The American Rescue Plan Act of 2021 (ARPA) provides a 100% federal subsidy of COBRA premiums from April 1, 2021, through September 30, 2021, for certain COBRA participants known as Assistance Eligible Individuals (AEIs). Our…more

American Rescue Plan Act of 2021, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), EBSA

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First Impressions: New Strategies in the New Era of Patent Exhaustion After Impression Products v. Lexmark International

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in that…more

Breach of Contract, Exports, First Sale Doctrine, Foreign Sales, Imports

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CCPA Enforcement Surprise: Regulations Effective Immediately

On Friday, February 9, as the country collectively packed up and prepared to head home for Super Bowl weekend, the Third Appellate District of the California Appellate Court issued an Order granting the California Privacy…more

California, California Consumer Privacy Act (CCPA), Data Privacy, Data Security, Enforcement Actions

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COVID-19 and Construction Contracts: Considerations for Owners and Developers

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects. Even those construction projects permitted to continue under the…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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Giving Value to Representations and Indemnifications in Distressed Transactions

Indemnification obligations are used to allocate risk between a buyer and a seller in nearly all mergers and acquisitions transactions. In an acquisition of a distressed company or its assets, however, the seller may not be…more

Acquisitions, Buyers, Escrow Agreements, Holdbacks, Indemnification

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KBR Decision: What Government Contractors Need To Know About Possible Erosion Of Internal Investigation Privilege Protections

In a significant legal development, a U.S. District Court Judge recently ordered KBR Inc. (KBR) to produce internal investigation materials addressing allegations of misconduct under a government contract for military support in…more

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The Madrid System Is Expanding: Is Your Trademark Portfolio Covered?

As more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option. There are now 89…more

First-to-File, International Trademark Protection, Madrid Protocol, Trademarks

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Will Your Antitrust Compliance Program Detect a Violation?

The Antitrust Division of the U.S. Department of Justice (DOJ) hosted a roundtable discussion on criminal antitrust compliance programs recently. Lawyers from corporate law departments and law firms, as well as from foreign…more

Antitrust Division, Antitrust Provisions, Chamber of Commerce, Chief Compliance Officers, Criminal Antitrust Litigation

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US Tightens AI Chip Exports to China: New Regulations on Semiconductor and Advanced Computing Supply Chain

The Biden administration recently unveiled a series of export controls targeting the transfer of advanced computing and semiconductor manufacturing items to the People’s Republic of China (PRC). These strategic measures are…more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Cybersecurity, Export Administration Regulations (EAR)

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Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing and…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Intellectual Property Protection

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2019 ABA Antitrust Spring Meeting: Federal and State Antitrust Enforcement Takeaways

The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions…more

Acquisitions, Antitrust Division, Cartwright Act, Competition, Consumer Protection Laws

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Washington's Amended LLC Statute—Should You Amend Your LLC Agreement?

Washington state approved significant amendments to its Limited Liability Company Act earlier this year that will become effective on January 1, 2016. For many existing LLCs, the amendments will not have a meaningful impact…more

Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Arizona’s New Sick Pay Requirements: Are You Ready?

In November 2016, Arizona voters approved the Fair Wages and Healthy Families Act (the Act) which included provisions on paid sick leave. Beginning on July 1, 2017, virtually all Arizona employees will be entitled to accrue paid…more

Earned Sick Time, Paid Leave, Paid Sick Leave Act, Sick Leave, Sick Pay

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USDOT Seeks Comment on Removing Regulatory Barriers to Autonomous Vehicles

Last week, three U.S. Department of Transportation agencies issued requests for comment on ways to update federal regulations and policies to allow for the safe testing and deployment of autonomous vehicles (AVs): The…more

Automated Transportation, Department of Transportation (DOT), Driverless Cars, Federal Highway Administration, FMVSS

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Security Breach Notification Chart - September 2023

Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each…more

Breach Notification Rule, Class Action, Cybersecurity, Data Breach, Data Privacy

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So, What Is Sustainable Investing Anyway?

Sustainable investing is a big and growing business. It is also widely misunderstood. Many of the predominant investment tools used to assess public company environmental, social and governance (ESG) practices have been widely…more

Business Strategies, Capital Investments, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the truth-in-advertising…more

Advertising, Brand, Copyright, Disclosure, Disclosure Requirements

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XR Report - Rise of WEB3 Technologies to Accelerate XR

When we published our first XR survey report in 2016, major media outlets were still skeptical about whether XR, or Extended Reality, would live up to the hype, and industry respondents cited a lack of compelling content, user…more

Investment, Investors, Next Generation, Online Platforms, Technology Sector

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2022 Compliance Landscape for Recurring Subscription Programs

Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy…more

Advertising, Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts

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The American Health Care Act: What Has Changed and What Is Next

On May 4, 2017, the U.S. House of Representatives approved the American Health Care Act (AHCA) by a vote of 217 to 213 (with 20 Republicans voting against the bill), sending the AHCA to the Senate. As we have reported in prior…more

Affordable Care Act, American Health Care Act (AHCA), Budget Reconciliation, Employer Group Health Plans, Enrollment

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How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and…more

Air Quality Standards, Bureau of Land Management, Carbon Emissions, Clean Power Plan, Clean Water Act

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EEOC Posts Resources for Submission of EEO-1 Pay Data, Despite DOJ Appeal

As discussed in our earlier update, the EEO-1 pay data reporting requirements that were previously stayed by the Trump administration have been revived, and the EEOC has advised employers that the deadline for filing will be…more

Appeals, Data Collection, Deadlines, Department of Justice (DOJ), EEO-1

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California Employers Must Provide Sexual Harassment Training to Employees By January 1, 2021

Prior to January 1, 2021, all employers with five or more employees in California must provide one hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and two hours of sexual harassment…more

California, Compliance, DFEH, Employee Training, Sexual Harassment

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AMLA 2020 Series Part 1: New and Expansive Beneficial Ownership Reporting Requirements

As we reported in April, the Anti-Money Laundering Act of 2020 (AMLA 2020) aims to strengthen protections against money laundering, terrorism financing, and other illegal activities through a variety of mechanisms, including new…more

Advanced Notice of Proposed Rulemaking (ANPRM), Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Disclosure Requirements

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The American Health Care Act: What Has Changed and What Is Next

On May 4, 2017, the U.S. House of Representatives approved the American Health Care Act (AHCA) by a vote of 217 to 213 (with 20 Republicans voting against the bill), sending the AHCA to the Senate. As we have reported in prior…more

Affordable Care Act, American Health Care Act (AHCA), Budget Reconciliation, Employer Group Health Plans, Enrollment

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Seattle Second in Nation to Pass Rideshare Driver Minimum Wage Law

One year after New York City did the same, Seattle enacted an ordinance in 2019 that guarantees a minimum wage for local rideshare drivers. Following an independent city-commissioned study that determined the exact amount that…more

Employer Liability Issues, Gig Economy, Local Ordinance, Minimum Wage, State and Local Government

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The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did…more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including certain…more

Attorney's Fees, Class Action, Consumer Contracts, Online Platforms, Statutory Damages

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Office of Management and Budget Issues New Requirements for Federal Agencies’ Use of AI

The Office of Management and Budget (OMB), part of the Executive Office of the President, recently issued a memorandum (the Memorandum) containing requirements and recommendations for executive agencies regarding those agencies’…more

Artificial Intelligence, Biden Administration, Executive Orders, Governance Standards, Innovation

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Political Contributions for the 2020 Election: What Prospective Donors Should Know

With the 2020 elections rapidly approaching, individuals may be considering making contributions to political candidates, campaigns, action committees (PAC), or parties. The following update identifies the campaign finance rules…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Federal Contractors, Federal Election Commission (FEC)

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New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act…more

Criminal Sanctions, Economic Espionage Act, Toxic Substances Control Act (TSCA), Trade Secrets

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Distressed Bank Update as of March 16, 2023

In the three days since federal authorities announced sweeping measures to protect depositors of Silicon Valley Bank (SVB) and Signature Bank and help prevent additional bank failures (as discussed in our update of March 12,…more

Banking Sector, Banks, Bridge Banks, Department of Justice (DOJ), Deposit Accounts

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Getting Cooperation Credit Under New DOJ False Claims Act Guidance

The U.S. Department of Justice (DOJ) released long awaited guidance last week on how it will evaluate and credit self-disclosures and cooperation in False Claims Act (FCA) cases. The new guidelines, codified in the DOJ’s…more

Board of Directors, Cooperation, Cooperation Agreement, Corporate Misconduct, Department of Justice (DOJ)

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A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

President Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.), on August 9, 2023,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, China, Compliance, Corporate Governance

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COVID-19 and Force Majeure: Time to Review Your Commercial Contracts

Parties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or…more

Arbitration, Clear Channel, Coal-Fired Plants, Contract Terms, Coronavirus/COVID-19

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COVID-19 Related State Reopening Executive Orders & Guidance Tracker - Update

Each state’s guidance is rapidly updated and changing, and each state’s orders and respective reopening guidance should be reviewed to determine any exceptions, restrictions, or other intricacies around the reopening of any…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Extensions, Legislative Agendas

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Bay Area Commuter Benefits Program Basics

Employers in the San Francisco Bay Area must now help their employees use alternative transportation under a program approved by the Bay Area Air Quality Management District (BAAQMD) and the Metropolitan Transportation…more

Bay Area Air Quality Management District, Commuter Tax Benefits, Commuting, Public Transit

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Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we…more

Actual Injuries, Administrative Law Judge (ALJ), Article III, Data Breach, Data Security

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Contractual Considerations in the Wake of Coronavirus (COVID-19)

In the wake of coronavirus (COVID-19), parties may (1) be in a contractual relationship with a counterparty that asserts it cannot perform or (2) find themselves unable to fulfill their own contractual obligations. Thus, force…more

Business Interruption, Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Change Clauses (MACs), Performance Standards

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges…more

Advertising, Artificial Intelligence, Consumer Privacy Rights, COPPA, Corporate Counsel

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CFTC Crypto Charges & Settlements Timeline - October 2022 Update

The Commodity Futures Trading Commission (CFTC) Settlements Timeline serves as an interactive compilation of select CFTC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to…more

Bitcoin, Blockchain, CFTC, Cryptocurrency, Digital Assets

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Labor Law Today—2019 Year in Review

During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent. In addition to…more

Administrative Law Judge (ALJ), Ambush Election Rules, Federal Labor Laws, Final Rules, Labor Regulations

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IPR Evolution: Decisions and Developments Shaping Inter Partes Review Practice - Volume II, December 2021

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Post-Grant Review, USPTO

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Preparing for the 2018 Public Company Reporting Season

In anticipation of the upcoming annual report and proxy season, we are highlighting new requirements and trends for public companies in 2018…more

Audit Reports, Board of Directors, Broker-Dealer, Corporate Governance, Disclosure Requirements

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DHS Introduces Alternative Remote I-9 Verification Procedure and New Form I-9

While recent changes to the I-9 process may affect select employers, the release of a new I-9 form will present changes to all employers. Qualifying employers are able to utilize an alternative verification procedure to remotely…more

Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, Employee Rights, Employer Liability Issues

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New Tax Bill Eliminates Deductibility of Confidential Sexual Harassment Settlements

Although business-related settlement payments (and attorneys’ fees) are generally tax-deductible, the 2017 Tax Cuts and Jobs Act (the Tax Act) restricts an employer’s ability to obtain tax deductions for settlements of sexual…more

Attorney's Fees, Employer Liability Issues, Hostile Environment, New Legislation, Non-Disclosure Agreement

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New York Federal Prosecutor Intensifies Scrutiny of Illegal Bitcoin Activity

The U. S. Attorney for the Southern District of New York, Preet Bharara, has issued several recent statements signaling a steady pursuit of criminal conduct related to bitcoin. First, on Thursday, November 6, 2014, Trendon…more

Bitcoin, Investigations, Popular, Virtual Currency

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EPA Finalizes Significant Changes to the Clean Power Plan

On August 3, 2015, the Environmental Protection Agency (EPA) released the final Clean Power Plan, the Obama Administration’s landmark effort to limit carbon dioxide emissions from existing fossil fuel-fired power plants (which…more

Air Pollution, Carbon Emissions, Clean Air Act, Clean Energy, Clean Power Plan

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Legal Landscape for Coal Ash Ponds Remains in Flux

Federal environmental law governing coal ash ponds used by many regulated electric utilities remains uncertain after a flurry of recent activity at the Environmental Protection Agency and in the courts. This update addresses the…more

Clean Water Act, Coal Ash, Discharge of Pollutants, Environmental Protection Agency (EPA), Groundwater

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Work-Related Text Messages on Personal Cell Phones Are Public Records Says WA Supreme Court

From Washington, D.C. to Washington state, the manner in which government officials and employees create and store business records is making headlines. The latest development is a unanimous decision of the Washington Supreme…more

Cell Phones, Mobile Devices, Popular, Privacy Concerns, Public Records

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Washington State’s Emergency Outdoor Heat Exposure Rules Now in Effect

With summer underway, employers in the state of Washington are reminded to follow the state’s new emergency outdoor heat exposure rules, which went into effect on June 15, 2022. These rules apply through September 29, 2022, and…more

Employer Liability Issues, Employment Policies, Health and Safety, Heat Exposure, Labor Reform

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The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?

After nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission (SEC) adopted a Final Rule on Mandatory Climate Disclosures (Final Rule). While less sweeping than initially proposed, the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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Upcoming OSHA Deadlines That May Affect Your Business

With a new administration in place, regulatory action from the Occupational Safety and Health Administration (OSHA) has been reduced by nearly half from previous years, according to the U.S. Department of Labor’s updated agenda…more

Deadlines, Department of Labor (DOL), Electronic Filing, Employer Liability Issues, OSHA

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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COP28: Takeaways for Businesses and Investors

The 28th United Nations (U.N.) Climate Change Conference of the Parties (COP28) wrapped up in Dubai in mid-December 2023. This Article summarizes key takeaways and describes the potential implications for businesses and…more

Business Entities, Carbon Capture and Sequestration, Clean Energy, Climate Change, COP

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Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules

California courts remain a top forum for food litigation matters. So many matters are heard in the Northern District of California that it has gained a reputation as the “Food Court.” Now, the California Supreme Court has held…more

CA Supreme Court, False Advertising, Food Labeling, Unfair Competition Law (UCL)

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Federal District Court Finds Corporate Transparency Act Unconstitutional: What Now?

The CTA and Legal Challenges - The CTA is a sweeping new anti-money-laundering law that, as of January 1, 2024, requires most entities formed or registered to do business in the United States to disclose detailed information…more

AML/CFT, Beneficial Owner, Commerce Clause, Corporate Governance, Corporate Transparency Act

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California Consumer Privacy Act Litigation Year in Review 2021

California has the most comprehensive privacy law in the United States. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and regulates any “business” that does business in California. The CCPA…more

Business Litigation, California, California Consumer Privacy Act (CCPA), Class Action, Consumer Privacy Rights

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Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th Cir…more

AT&T Mobility, Common Carriers, Data Plan, Dismissals, FCC

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Washington State’s New Health Emergency Labor Standards Act

Governor Jay Inslee recently signed the Health Emergency Labor Standards Act (HELSA or the Act), a sweeping worker protection bill recently passed by the state legislature. The Act amends the state’s worker’s compensation and…more

Governor Inslee, Health and Safety, Infectious Diseases, New Legislation, Notice Requirements

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EU Court Strikes Down EU-US Privacy Shield

The Court of Justice for the European Union (CJEU) on July 16, 2020, invalidated the EU-U.S. Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. This decision will…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, European Commission

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Washington State's New Rideshare Law

Governor Jay Inslee signed ESHB 2076 into law on March 31, 2022, making Washington the first state to require minimum per-trip payments, paid sick leave, and workers’ compensation benefits for rideshare drivers. The law also…more

Employees, Employer Liability Issues, Independent Contractors, Paid Sick Leave, Ridesharing

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FTC Targets Contractual Restrictions on Voluntary Cooperation

The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct…more

Antitrust Division, Antitrust Investigations, Antitrust Litigation, Competition, Competition Authorities

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Department of Justice Posts Foreign Agent Informational Materials Online

The Foreign Agents Registration Unit of the U.S. Department of Justice has updated its website to make available to the public searchable and downloadable informational materials filed by foreign agents. Informational materials…more

Department of Justice (DOJ), Disclosure Requirements, Foreign Agents, Foreign Governments, Lobbyists

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Cryptocurrencies: Matching insurance to risks and exposures

While cryptocurrencies and digital tokens — also known as “digital assets” — have disrupted traditional notions of commerce, capital and investing, there is another asset which any company engaged in this space will need:…more

Breach of Duty, Commercial Crime Insurance Polices, Cryptocurrency, Cyber Insurance, D&O Insurance

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California Energy Commission Delays Implementation Of Nonresidential Building Energy Disclosure Regulations

On August 14, 2013, the California Energy Commission announced for the second time this summer that implementation of California’s new energy use disclosure regulations has been delayed…more

Delays, Disclosure Requirements, Energy Efficiency, Energy Policy, Energy Sector

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Terrorism Insurance: Steps for Policyholders After TRIA’s Reauthorization

Reacting quickly to the concerns of the business community and insurance policyholders, the 114th Congress voted overwhelmingly to approve the Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIA). On January 12,…more

Insurance Industry, Terrorism Insurance, TRIA

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Inter Partes Review Proceedings: A Third Anniversary Report

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become the…more

America Invents Act, Apple, Claim Construction, Discovery, Estoppel

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Fintech Legal Report - December 2022

New Treasury Report Shows Fintech Industry Requires Additional Oversight To Close Gaps, Prevent Abuses, and Protect Consumers - On November 16, 2022, the U.S. Department of the Treasury (USDT), in consultation with the White…more

Appeals, Competition, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Credit Reports

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Distressed Cannabis: Growing Room for Bankruptcy in Ninth Circuit

Tough economic conditions are leaving cannabis businesses with fewer financing and transaction options. Chapter 11 bankruptcy, a tool which many businesses have used to reorganize or liquidate, has historically been inaccessible…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Court, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11

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Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited from…more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Labor Reform

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Environmental Liabilities in Oil & Gas Sales Under Bankruptcy Code Section 363

Since the beginning of 2015, at least 77 companies in the oil and gas industry have sought bankruptcy relief in the United States. The flow of oil and gas company bankruptcies shows no sign of slowing down and, based on the…more

Bankruptcy Code, CERCLA, Chapter 11, Clean-Up Costs, Commercial Bankruptcy

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Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Appeals, Artists, Copyright, Copyright Infringement

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DOJ Issues New Guidance on Use of Personal Devices and Third-Party Messaging Applications

The U.S. Department of Justice (DOJ) announced significant new guidance on March 3, 2023, regarding the use of personal devices and the retention of corporate communications. The DOJ’s concern regarding the use of personal…more

Corporate Communications, Department of Justice (DOJ), Enforcement Actions, Instant Messaging Apps, Investigations

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Substantive NEPA Amendments in the Debt Ceiling Bill

President Joe Biden signed into law the Fiscal Responsibility Act of 2023 (FRA), colloquially referred to as the Debt Ceiling Bill, on June 3, 2023.[1] The legislation completes a bipartisan agreement to suspend the public debt…more

Deadlines, Debt Ceiling, Department of Environmental Quality, Environmental Assessments, Environmental Impact Statements

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Repeal Of Requirements For Arizona Registration Of Charities Soliciting Donations In Arizona

As of September 13, 2013, the Arizona Secretary of State is no longer accepting registrations from charities that solicit charitable donations in Arizona. Arizona House Bill 2457 repealed the former Section 44-6552 of the…more

Charitable Donations, Registration

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COP28: Takeaways for Businesses and Investors

The 28th United Nations (U.N.) Climate Change Conference of the Parties (COP28) wrapped up in Dubai in mid-December 2023. This Article summarizes key takeaways and describes the potential implications for businesses and…more

Business Entities, Carbon Capture and Sequestration, Clean Energy, Climate Change, COP

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NLRB General Counsel Issues Cemex Guidance

This summer, the National Labor Relations Board (the Board or NLRB) issued a decision in Cemex Construction Materials Pacific, LLC that upended decades of precedent regarding the representation election process. A more detailed…more

Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Employment Policies, New Guidance

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DOJ Formally Ends Use of Supplemental Environmental Projects in Settlements

Companies should be aware that Supplemental Environmental Projects (SEPs)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no longer…more

Coronavirus/COVID-19, Environmental Protection Agency (EPA), Environmental Violations, Settlement, Supplemental Environmental Project (SEP) Policy

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US Tightens AI Chip Exports to China: New Regulations on Semiconductor and Advanced Computing Supply Chain

The Biden administration recently unveiled a series of export controls targeting the transfer of advanced computing and semiconductor manufacturing items to the People’s Republic of China (PRC). These strategic measures are…more

Artificial Intelligence, Bureau of Industry and Security (BIS), China, Cybersecurity, Export Administration Regulations (EAR)

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Remote Proceeding Tracker - Update April 2024

In response to COVID-19, courts were forced to adapt to the pandemic and adopt new rules regarding in-person and remote proceedings. The list below contains links to each state’s laws and rules related to remote proceedings…more

Coronavirus/COVID-19, Court Closures, Court Reporters, Court Schedules, Dispositions

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FCC Proposes To Reinstate Net Neutrality

The Federal Communications Commission recently adopted a Notice of Proposed Rulemaking (NPRM) to reestablish its authority over broadband internet access service (BIAS) by reinstating its net neutrality rules. The NPRM largely…more

Broadband, Comment Period, FCC, Internet Service Providers (ISPs), NPRM

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Making Sustainability a Stakeholder

Consumers increasingly are aware of, and make value assessments and purchase decisions based on, the environmental and social impact of brands. Brands, in turn, are evaluating and embarking on sustainability programs. Before…more

B Corporation, Corporate Governance, Fiduciary Duty, For-Profit Corporations, Shareholders

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US Supreme Court Clarifies Knowledge Requirement in False Claims Act Cases—Raising New Interpretive Issues

A defendant’s knowledge of and subjective beliefs about the meaning of legal requirements—not what an objectively reasonable person may have believed—are what matters when determining whether a defendant “knowingly” submitted…more

Drug Pricing, False Claims Act (FCA), Fraud, Healthcare, Oral Argument

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DOL Proposes Expanded Use of ESG Factors in ERISA Plan Investment Decisions and Proxy Voting

The U.S. Department of Labor (DOL) published a proposed regulation on October 14, 2021, that would clarify how fiduciaries of private sector employee benefit plans should apply ERISA’s fiduciary duties of prudence and loyalty…more

Biden Administration, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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Governor Newsom Proposes CEQA Reform

Governor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to…more

Bridges, CEQA, CEQA Reform, Executive Orders, Governor Newsom

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Quarterly Investment Update - 4th Quarter 2016

ECONOMIC REVIEW AND OUTLOOK - In this past year we were reminded again to expect the unexpected: The well-established political classes in the U.K., the U.S. and Italy learned that democracy was their Achilles’ heel, and…more

Bonds, Estate Planning, Estate Tax, EU, Federal Reserve

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BLM Proposes Updated Plan To Streamline Solar Development in the West

The U.S. Bureau of Land Management (BLM) announced on January 17, 2024, the publication of its draft Programmatic Environmental Impact Statement (PEIS) to help streamline and accelerate utility-scale solar energy development on…more

Bureau of Land Management, Energy Sector, Programmatic Environmental Impact Statement (PEIS), Public Land, Right of Way

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Supreme Court to Hear Another Case on Class Arbitration Waivers

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed class…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers

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29th Annual Land Use & Development Law Briefing - 2019

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and…more

Anti-SLAPP, Appeals, Building Permits, Building Standards, CA Supreme Court

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SEC Modernizes Reg S-K Financial and MD&A Disclosure Rules

The U.S. Securities and Exchange Commission recently adopted amendments to certain financial data and management’s discussion of financial information disclosure requirements in Regulation S-K. These amendments affect the…more

Disclosure Requirements, Financial Regulatory Reform, Financial Statements, MD&A Statements, Proposed Amendments

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New My Health, My Data Act Part 1: Washington State Joins the Biometric Litigation Fray

Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for…more

Biometric Information, Biometric Information Privacy Act, Data Privacy, Data Protection, Data Protection Acts

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SEC Modernizes Reg S-K Disclosure Rules for Business, Legal Proceedings, and Risk Factors

The U.S. Securities and Exchange Commission on August 26, 2020, approved the first significant amendments to the rules governing the description of business, legal proceedings, and risk factor disclosures in SEC filings in over…more

Disclosure Requirements, Federal Register, Form 10-K, Principles for Business, Proposed Amendments

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Washington Capital Gains Tax: More Questions, Tentative Answers

Nearly two years after being enacted by the state legislature, and one year after being struck down by a lower court, the Washington state capital gains tax has been reinstated as constitutional, and the first returns and…more

Capital Gains, Capital Gains Tax, Income Taxes, State Constitutions, State Taxes

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Supreme Court of Washington Clarifies Guarantor Liability for Deficiency Judgments

The Supreme Court of Washington has upheld a lender’s right to pursue a deficiency judgment against a guarantor following a nonjudicial foreclosure of collateral under Washington’s Deed of Trust Act (the “Act”). The court’s…more

Deed of Trust, Deficiency Judgments, Foreclosure, Guarantors, Lenders

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Updated Language to Federal Rule of Evidence 702: What Litigators Should Know

Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways…more

Evidence, Expert Testimony, Expert Witness, Federal Rules of Evidence, Rule of Evidence 702

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The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?

After nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission (SEC) adopted a Final Rule on Mandatory Climate Disclosures (Final Rule). While less sweeping than initially proposed, the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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Investment Company Status Considerations for Cash Positioning in Wake of Bank Failures

Given this week’s headlines, many emerging companies may be asking themselves: “Why am I holding so much cash?” The Investment Company Act of 1940 (the 1940 Act) may be to blame. “But I don’t have any intention of…more

Banks, Investment Adviser, Investment Company Act of 1940, Investment Funds, Investment Management

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Acquisitions of Firms in Bankruptcy Are Subject to the Antitrust Laws

The economic damage attendant to COVID-19 has already resulted in a substantial increase in bankruptcies. Acquisitions through U.S. bankruptcy courts are not exempt from challenge by government antitrust enforcers or private…more

Acquisitions, Bankruptcy Code, Coronavirus/COVID-19, Economic Damages, Enforcement

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Tips for Negotiating New Technology Agreements in the Time of COVID-19

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Goods or Services, Nonperformance

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AR/VR Industry is Growing and Facing New Challenges, Perkins Coie Survey Finds

Augmented reality (AR) and virtual reality (VR) are showing clear signs of a growing industry—with increased investment, exciting new content (and types of content) and technological advancements. But with growth comes new…more

Acquisitions, E-Commerce, Emerging Technology Companies, Intellectual Property Protection, Retail Market

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March Tip of the Month: Employees May Now Sue Employers for Alleged Violations of the New York City Earned Safe and Sick Leave Law

In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law),…more

City of New York, Employee Benefits, Employee Rights, Employees, Employer Liability Issues

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Regulatory Fines Dischargeable in Bankruptcy

Debtors facing regulatory fines and penalties want to shed them in bankruptcy and emerge without paying them. With certain exceptions, the Bankruptcy Code provides for the discharge of most debts that arise before a plan is…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Code

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Biden Executive Order Significantly Broadens Ethics Requirements for Appointees

In one of his first official acts, President Biden signed an executive order that sets stringent ethics rules for incoming executive branch appointees. The Executive Order on Ethics Commitments by Executive Branch Personnel…more

Biden Administration, Ethics, Executive Orders, Foreign Agents, Foreign Agents Registration Act (FARA)

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Comparison of Short-Term Cash Management Alternatives

In response to recent client questions regarding the various considerations and options for holding short-term funds, we have prepared a reference chart comparing certain key characteristics of demand deposits with government…more

Banking Sector, Consumer Lenders, Deposit Advances, Deposit Insurance, Distressed Debt

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FTC Announces 2021 Changes to HSR and Clayton Act Thresholds, Temporarily Suspends Early Termination

The U.S. Federal Trade Commission (FTC) recently announced reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will decrease. The Act…more

Acquisitions, Antitrust Provisions, Civil Monetary Penalty, Compliance, Department of Justice (DOJ)

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Supreme Court Reverses En Banc Federal Circuit on Divided Patent Infringement

Yesterday in Limelight Networks, Inc., v. Akamai Technologies, Inc. the U.S. Supreme Court unanimously reversed the en banc Federal Circuit and held that a defendant cannot be liable for inducing patent infringement under 35…more

Akamai Technologies, Appeals, Certiorari, Divided Infringement, En Banc Review

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California Consumer Privacy Act of 2018 Brings Some GDPR Aspects Stateside

On June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1,…more

Consumer Protection Laws, Data Collection, General Data Protection Regulation (GDPR), Governor Brown, Notice Requirements

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US Department of Labor Proposes Independent Contractor Rule

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair Labor…more

Classification, Compensation, Department of Labor (DOL), Employees, Employer Liability Issues

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Another Blow to Bankruptcy Relief for Marijuana-Adjacent Debtors

Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado. The Controlled…more

Bankruptcy Code, Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Controlled Substances Act

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Sustainability Advertising: US and EU Regulators Boost Guidance and Enforcement

Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the…more

Advertising, Brand, Climate Change, Enforcement, Environmental Social & Governance (ESG)

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Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that it…more

Clean Water Act, Clean Water Rule, Environmental Protection Agency (EPA), Executive Orders, Federal Jurisdiction

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Federal District Court Upholds Securities Indictment for ICOs but Defers Final Howey Determination in United States v. Zaslavskiy

In what is believed to be the first criminal case examining whether so-called “initial coin offerings” (ICOs) are securities under U.S. law, on September 11, 2018, Judge Raymond J. Dearie of the U.S. District Court for the…more

Criminal Prosecution, Cryptocurrency, Howey, Indictments, Initial Coin Offering (ICOs)

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The American Privacy Rights Act: Could This Be the One?

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion draft…more

Algorithms, Artificial Intelligence, Biden Administration, Data Brokers, Data Privacy

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FTC Claims Sharing User Health Data With Advertising Platforms Is a “Security Breach”

For the first time, the Federal Trade Commission has brought an enforcement action under its 2009 Health Breach Notification Rule (HBNR). The case was brought against a digital health company, GoodRx Holdings, Inc., for sharing…more

Advertising, Breach Notification Rule, Civil Monetary Penalty, Digital Health, Enforcement Actions

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The Proposed CCPA Regulations Impose New Obligations

The California Attorney General’s Office released for public comment the long-awaited proposed regulations for the California Consumer Privacy Act (CCPA) on October 10, 2019. The attorney general is expected to finalize the…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Use Policies, Information Governance

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New Rules Will Be “Taxing” On Medical Device Manufacturers

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) recently issued much-anticipated final regulations under Section 4191 of the Internal Revenue Code (Code), which imposes a 2.3% tax on sales of any…more

Excise Tax, IRS, Manufacturers, Medical Devices, Sales & Use Tax

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Congress Passes FAA Reauthorization Bill That Opens Door for Significant Changes to UAS Regulations

On October 3, 2018, the Senate passed a bipartisan bill that will reauthorize the Federal Aviation Administration (FAA) for five years. The bill, which is referred to as the FAA Reauthorization Act of 2018 (H.R. 302), was…more

Air Traffic Control Systems, Aviation Industry, Drones, Federal Aviation Administration (FAA), Manufacturers

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This Year Don’t Let the Grinch Steal Your Insurance

Forfeiting insurance coverage on a covered claim is a quick way to ruin the holidays. Every year, tens of thousands of covered claims are left unpaid due to clerical mistakes by policyholders or their brokers. These unpaid…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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Oregon’s “Stay Home, Save Lives” Order; Construction Is Permitted to Continue

Governor of Oregon Kate Brown issued a state-wide Executive Order No. 20-12 on March 23, 2020, directing Oregonians to stay at home unless engaging in certain activities or working at certain businesses. The order is effective…more

Coronavirus/COVID-19, Executive Orders, Governor Brown, Operators of Essential Services

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Let The Race Begin: U.S. Joins The World In Rewarding The First Inventor To File

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations…more

America Invents Act, Derivation Proceeding, First-to-File, First-to-Invent, Grace Period

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Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage…more

Beverage Manufacturers, Cannabis Products, Class Action, Class Action Settlement, Dietary Supplements

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CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Digital Marketplace, Federal Trade Commission (FTC), Financial Services Industry

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It’s Game Time for Cannabis Reform

March has been a big month for cannabis reform and the $40 billion state-regulated marketplace. President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the…more

Biden Administration, Cannabis Products, DEA, Decriminalization of Marijuana, Department of Justice (DOJ)

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Blockchain Week in Review - May 2019 #3

U.S. Developments - Regulatory Updates - SEC Files Enforcement Action Against Alleged Fraudulent Cryptocurrency Pyramid Scheme - On May 22, the Securities and Exchange Commission (“SEC”) filed a complaint in the U.S…more

Bitcoin, Blockchain, Cryptocurrency, Cybersecurity, E-Commerce

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Private Early-Stage Startup Companies Coming Under Increased SEC Scrutiny

While sophisticated participants in private markets have historically been seen as capable of bargaining for information or withstanding losses better than mom-and-pop investors, current events signal that the U.S. Securities…more

Best Practices, Corporate Governance, Data Protection, Disclosure Requirements, Early Stage Companies

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Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the…more

Administrative Agencies, Administrative Law Judge (ALJ), Appeals, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB)

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New My Health, My Data Act Part 1: Washington State Joins the Biometric Litigation Fray

Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for…more

Biometric Information, Biometric Information Privacy Act, Data Privacy, Data Protection, Data Protection Acts

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Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it also…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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SEC Approves 11 Spot Bitcoin Exchange-Traded Products

On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale…more

Appeals, Bitcoin, Cryptoassets, Cryptocurrency, ETFs

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USPTO Finalizes Rules Implementing the Trademark Modernization Act

When Congress passed the Trademark Modernization Act of 2020 (TMA) on December 18, 2020, giving both the U.S. Patent and Trademark Office (USPTO) and trademark owners additional tools to reduce clutter and improve the integrity…more

Deadlines, Ex Partes Reexamination, Expungement, Trademark Modernization Act (TMA), Trademark Registration

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Tips for Negotiating New Technology Agreements in the Time of COVID-19

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Goods or Services, Nonperformance

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XR Report - Rise of WEB3 Technologies to Accelerate XR

When we published our first XR survey report in 2016, major media outlets were still skeptical about whether XR, or Extended Reality, would live up to the hype, and industry respondents cited a lack of compelling content, user…more

Investment, Investors, Next Generation, Online Platforms, Technology Sector

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More State Content Moderation Laws Coming to Social Media Platforms

California and New York recently passed laws that seek to change how “social media platforms” and “social media networks” (both of which are broadly defined terms) design and report their content moderation practices. In doing…more

California, Constitutional Challenges, Controlled Substances, Enforcement, Florida

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DOJ’s False Claims Act Recoveries Jump to $5.6 Billion in FY 2021

The U.S. Department of Justice (DOJ) recovered more than $5.6 billion in civil False Claims Act (FCA) judgments and settlements in fiscal year (FY) 2021, the second largest ever annual total in FCA recoveries and the largest…more

Civil Monetary Penalty, Class Action, Coronavirus/COVID-19, Criminal Investigations, Department of Justice (DOJ)

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges…more

Advertising, Artificial Intelligence, Consumer Privacy Rights, COPPA, Corporate Counsel

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CEQA Year in Review -- 2022

The courts issued 16 published CEQA decisions in 2022, continuing a trend of fewer published opinions than the pattern established in earlier years. The only California Supreme Court opinion, County of Butte v. Department of…more

CA Supreme Court, California, CEQA, Environmental Impact Report (EIR), Environmental Litigation

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Compliance Next Steps: Employment and B2B Data in California

The exemption for employment-related and business-to-business (B2B) data under California’s privacy law expired on January 1, 2023. Without this exemption, information previously allowed to be excluded now falls within the scope…more

B2B Organizations, California, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection

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What to Expect From the Trump FCC

In the days since the recent election, many tech, media and telecom industry observers remain unsure of what to expect from the Federal Communications Commission under the Trump administration. Fortunately, there are some…more

Breach Notification Rule, Broadband, Broadband Internet Access Services (BIAS), Cable Television Providers, Communications Act of 1934

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FTC Announces 2022 Changes to HSR and Clayton Act Thresholds

The Federal Trade Commission (FTC) recently announced that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will be increased…more

Acquisitions, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Ninth Circuit Overturns Entz-White Lumber; Avoiding Default Interest Via Cure Through Chapter 11 Plan No Longer Valid

In the case of Pacifica L 51, LLC v. New Investments, Inc. (In re New Investments, Inc.), 9th Cir. November 4, 2016, the U.S. Court of Appeals for the Ninth Circuit held that a Chapter 11 debtor could not avoid paying default…more

Appeals, Chapter 11, Commercial Bankruptcy, Default, Foreclosure

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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Preparing for the 2020 Public Company Reporting Season

The U.S. Securities and Exchange Commission (SEC) issued rule updates and guidance in 2019 that are intended to simplify certain public reporting requirements, clarify the staff’s expectations with respect to no-action relief…more

Corporate Governance, EDGAR, Environmental Social & Governance (ESG), Final Rules, Glass Lewis

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The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious Accommodations

The Supreme Court of the United States issued its opinion in Groff v. DeJoy (opinion here) on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the accommodation…more

Americans with Disabilities Act (ADA), Certiorari, Civil Rights Act, De Minimus Doctrine, Disability Discrimination

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Speak Up Now: Seattle $15 Minimum Wage Proposal Comment Period Begins May 22

The Seattle employment community is abuzz about the prospect of a $15 minimum wage for all Seattle employees, which would make it the highest minimum wage in the nation. The idea is not new; in the fall of 2013, voters in the…more

Minimum Wage, Public Comment

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Challenge Mode: COVID-19’s Impact on the Video Game Industry

COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors. In the first two parts of this three-part series, we looked at the pandemic’s impact on the film and television…more

Coronavirus/COVID-19, Entertainment Industry, France, Germany, Online Gaming

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New IRS Guidance Regarding Code Section 45Q Credits - Revenue Ruling 2021-13

The Internal Revenue Service (IRS) issued new guidance regarding Section 45Q tax credits (Revenue Ruling 2021-13). The IRS guidance addresses the application of Section 45Q of the Internal Revenue Code of 1986 and the capture of…more

Carbon Capture and Sequestration, Carbon Emissions, Internal Revenue Code (IRC), IRS, New Guidance

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The CARES Act: Key Loan and Grant Programs for Nonprofit Organizations (Update)

Certification That Funds Are “Necessary” - Following recent press and new guidance from the Small Business Administration (SBA), many nonprofit organizations are carefully considering whether borrowing funds under the…more

CARES Act, Charitable Organizations, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), SBA

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IRS Issues Guidance on Prior Year Parking Tax Refunds or Credits for Tax-Exempt Organizations

On January 21, 2020, the Internal Revenue Service (IRS) released guidance for tax-exempt organizations on how they may obtain a refund or credit for prior year unrelated business income tax (UBIT) incurred for qualified…more

Amended Forms, Employee Benefits, Exempt Organizations, Fringe Benefits, IRS

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California Supreme Court Holds That Borrowers May Bring Wrongful Foreclose Actions Challenging Deed Of Trust Assignments

On February 18, 2016, the California Supreme Court held that borrowers may bring wrongful foreclosure claims based on challenges to an assignment of the note and deed of trust to a securitized trust. The supreme court’s…more

CA Supreme Court, Mortgages, Standing, Wrongful Foreclosures

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DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation Programs

The U.S. Department of Justice (DOJ) on March 3, 2023, unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs (ECCP) regarding corporate compensation incentives…more

Clawbacks, Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ)

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SPACs: Frequently Asked Questions

Among other things, 2020 will be remembered as a year that saw a boom in the use of Special Purpose Acquisition Companies (SPACs) as a robust alternative to an initial public offering (IPO). A SPAC is a company formed to raise…more

Corporate Governance, Financial Statements, Initial Public Offering (IPO), Investors, Mergers

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CDC Temporarily Halts Certain Residential Evictions

In the wake of the July 24 expiration of the 120-day moratorium on residential evictions in the Coronavirus Aid, Relief, and Economic Security (CARES), the U.S. Centers for Disease Control (CDC) issued an order (CDC order)…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Executive Orders

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CFTC Crypto Charges & Settlements Timeline - 2021 Update

The Commodity Futures Trading Commission (CFTC) Settlements Timeline serves as an interactive compilation of select CFTC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to…more

CFTC, Commodities, Commodity Exchange Act (CEA), Cryptocurrency, Digital Assets

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Illinois Supreme Court Issues New Rules Affecting Mortgage Foreclosures

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things. The rules are the result of the work of…more

Affidavits, Foreclosure, Loss Mitigation, Mortgages, Required Documentation

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More Reasons to Register Copyrights Early: Owners Must Register Before They Sue

The U.S. Supreme Court’s decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), issued March 4, 2019, resolves a longstanding circuit split regarding whether the Copyright Act of 1976 allows…more

Appeals, Copyright, Copyright Infringement, Copyright Registration, Fourth Estate Public Benefit Corp v Wall-Street.com LLC

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Understanding the FAA’s New UAS Type Certification Process

From replacing fireworks for Independence Day celebrations to providing rural package delivery, 2020 demonstrated how the rapid development of unmanned aerial systems (UAS) is driving innovation in how society moves goods and…more

Certifications, Commercial Use, Drones, Federal Aviation Administration (FAA), New Regulations

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Treasury Releases First Installment of Long-Awaited Guidance on Donor-Advised Funds

Over the past several years, the U.S. Department of the Treasury has been preparing guidance concerning donor-advised funds (DAFs), which are accounts owned and controlled by public charities over which individual or corporate…more

Distribution Rules, Donor-Advised Funds (DAFs), Donors, Estate Planning, Internal Revenue Code (IRC)

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Taking Stock of Newly Released FARA Advisory Opinions

The U.S. Department of Justice (DOJ) recently released for the first time dozens of advisory opinions issued by the FARA Registration Unit, the DOJ agency responsible for administering the Foreign Agents Registration Act of…more

Advisory Opinions, CFIUS, Commercial Activity Exception, Department of Justice (DOJ), Disclosure Requirements

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San Francisco Amends Workplace Ordinance to Accommodate Family Care

Many San Francisco employers have faced new requirements to comply with the city’s amended Family Friendly Workplace Ordinance (FFWO), which went into effect on July 12, 2022, to provide flexible or predictable working…more

Employees, Employer Liability Issues, Employer Mandates, Family-Friendly Workplace Ordinance, Local Ordinance

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FTC Targets Contractual Restrictions on Voluntary Cooperation

The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct…more

Antitrust Division, Antitrust Investigations, Antitrust Litigation, Competition, Competition Authorities

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Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation…more

CERCLA, Energy Sector, Environmental Policies, Environmental Protection Agency (EPA), Financial Responsibility Standards

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Welcome News: Chicago Amends Paid Leave Ordinance

In welcome news for employers, the Chicago City Council passed an amendment (the Amendment) to the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the Ordinance), which will delay implementation of paid leave…more

Collective Bargaining, Earned Sick and Safe Time Act, Employee Benefits, Employer Liability Issues, Labor Regulations

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NLRB Challenges Franchise Model in Complaint Against McDonald’s

Last week, in an unprecedented shift away from long-standing Board precedent, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), asserted that McDonald’s, USA LLC (McDonald’s USA) — the…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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Strategic Options for Corporate and Trade Association PACs Following the US Capitol Violence

The fallout from the violence at the U.S. Capitol continues to reverberate far beyond politics. In the business sector, companies are taking actions that make clear that free and fair elections and the peaceful transfer of power…more

Corporate Entities, Federal Election Commission (FEC), PACs, Political Campaigns, Political Candidates

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D.C. Circuit Vacates Barko Ruling on Scope of Privilege in Internal Investigations

On June 27, 2014, the D.C. Circuit vacated the U.S. District Court for the District of Columbia’s hotly-debated opinion in United States ex rel. Barko v. Halliburton Co., making it clear that internal investigation…more

Attorney-Client Privilege, Barko v Halliburton, Chief Compliance Officers, Corporate Counsel, False Claims Act (FCA)

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Catching Up (Virtually) With the Regulators

The white collar bar “got together” for a virtual discussion on the current landscape of the practice on September 23, 2020. Hosted by Practising Law Institute (PLI), the White Collar Crime 2020: Prosecutors and Regulators Speak…more

CARES Act, CFTC, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

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SECURE Act Presents Planning Challenges and Opportunities for Retirement Accounts

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) was signed into U.S. law on December 20, 2019. The SECURE Act makes significant changes to the administration of IRAs and other tax-deferred…more

Beneficiaries, Beneficiary Designations, Charitable Remainder Trust, Estate Planning, Individual Retirement Account (IRA)

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Potential Rent Relief for San Francisco Small Businesses Forced to Shut Down

On July 20, 2021, the San Francisco Board of Supervisors unanimously approved an amendment to the San Francisco Commercial Eviction Moratorium Ordinance (Moratorium Amendment) codifying a legal presumption to potentially provide…more

Business Closures, Business Interruption, California, Commercial Tenants, Coronavirus/COVID-19

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Updates on the Implementation of the Newly Amended PRC Patent Law

The China National Intellectual Property Administration (CNIPA) and the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued measures to facilitate the implementation of the newly…more

China, Chinese Medicine, CNIPA, Food and Drug Administration (FDA), Intellectual Property Protection

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Navigating Proposition 19: Planning for 2021 Changes to California Real Property Tax Reassessment Rules

On November 3, 2020, California voters narrowly approved Proposition 19 (The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act) and with it comes significant property tax…more

Change of Ownership, Heirs, New Rules, Popular, Property Owners

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Colorado Becomes the Third US State to Enact Comprehensive Privacy Legislation

Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the United States. California led with the California Consumer Privacy…more

California Consumer Privacy Act (CCPA), Colorado, Consumer Privacy Rights, Data Protection, Enforcement

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WA Supreme Court Narrows Executive Session Real Estate Deliberations

The Washington Supreme Court significantly narrowed the ability of public agencies to discuss real estate deliberations in executive session. In a ruling on June 8, 2017, the court held that the Open Public Meetings Act (OPMA)…more

County Planning Commissions, Exceptions, Open Meetings Act, Pricing, Public Agencies

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Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing Development

The Washington State Legislature kicked off its 2023 Legislative Session on Monday, January 9, 2023. A big focus this year is on affordable housing initiatives. This Update summarizes five significant affordable housing bills…more

Affordable Housing, Legislative Agendas, Multi-Family Development, Multi-Family Housing, New Legislation

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Ransomware: How to Avoid It and What to Do If You Have Been Hit

Computer systems around the world have been impacted by the largest cyber-extortion attack in history. According to news reports, the “ransomware” attack hit more than 200,000 victims in 150 countries since it started on Friday,…more

Commercial Insurance Policies, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Protection

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Blockchain Week in Review - December 2020 #2

U.S. Developments - Members of Congress Request SEC Clarity On Digital Securities Custody - On December 9, a bipartisan group of representatives penned a letter to SEC Chairman Jay Clayton regarding the issue of broker-dealer…more

Anti-Money Laundering, Blockchain, CFTC, Department of Justice (DOJ), Digital Assets

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Portal Opens for New PPP Loans With New SBA Guidance and Application Forms

The Small Business Administration (SBA) has announced that they will reopen their portal for Paycheck Protection Program (PPP) loans for eligible borrowers beginning the week of January 11, 2021, after being shut down since…more

Applications, Borrowers, CARES Act, Coronavirus/COVID-19, Funding Portal

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Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022

In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits…more

Compliance, Consolidated Appropriations Act (CAA), Contract Terms, Cyber Incident Reporting, Cybersecurity

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U.S. Agencies Step Up Insider Trading Enforcement Against Foreign Nationals, Particularly Chinese Traders

Investigations and enforcement actions by the U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) targeting potential illegal insider trading by foreign nationals, particularly by those in China,…more

Brokerage Accounts, Burden of Proof, China, Department of Justice (DOJ), Enforcement Actions

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China Increases Security Measures on Cross-Border Data Transfers

In order to regulate cross-border data transfers in accordance with the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, the Cyberspace Administration of China (CAC) released the Measures…more

China, Corporate Counsel, Cross-Border Transactions, Cybersecurity, Data Privacy

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Supreme Court Holds Computerization of Abstract Ideas Not Patent-Eligible

Earlier today, the Supreme Court decided Alice Corporation v. CLS Bank International and unanimously held that Alice’s patent claims were not patent eligible under 35 U.S.C. § 101 because they merely called for generic…more

Alice Corporation, Bilski, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus

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Federal Government Crackdown On Virtual Currency Heats Up

Asset Seizures and Arrests Mark Recent Federal Virtual Currency Enforcement Actions - Federal authorities have initiated several recent enforcement actions that are indicative of continuing regulatory changes in the…more

Bitcoin, Enforcement, FinCEN, Money Laundering, Virtual Currency

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Federal Contractor Threatened With Suspension and Debarment for Not Submitting Affirmative Action Plans

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently reminded federal contractors that the government has broad authority to audit and investigate contractors’ equal employment…more

Affirmative Action, Department of Labor (DOL), Federal Contractors, OFCCP, Suspensions & Debarments

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Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

The U.S. Court of Appeals for the Fifth Circuit recently issued two decisions that affect a borrower’s ability to confirm a bankruptcy plan, Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at…more

Artificial Impairment, Bankruptcy Plans, Borrowers, Cramdown, Lenders

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible for Break Time

California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Employment Policies, Non-Exempt Employees

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New Rules Regarding Repayment of Candidate Loans

Last month, a three-judge federal district court struck down as unconstitutional a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), which limited the amount of money a candidate’s authorized committee could raise…more

Federal Election Commission (FEC), Loans, New Rules, Political Contributions, SCOTUS

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Securities Enforcement Forum Central 2023—Enforcement Trends Throughout the SEC 2022 Fiscal Year

Senior Division of Enforcement officials from various U.S. Securities and Exchange Commission (SEC) offices spoke with SEC alumni, private practitioners, and other legal professionals at the Securities Enforcement Forum Central…more

Cryptocurrency, Enforcement Actions, Insider Trading, Investigations, Securities and Exchange Commission (SEC)

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Rare DOJ Opinion Offers Anti-Bribery Lessons for Transactions Involving Foreign Government-Owned Assets

The U.S. Department of Justice (DOJ) has issued an opinion letter (catalogued as FCPA Opinion No. 20-01) stating that it does not intend to take enforcement action under the Foreign Corrupt Practices Act (FCPA) against a…more

Anti-Bribery, Compliance, Corporate Counsel, Cross-Border, Cross-Border Transactions

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San Francisco Adopts Ordinance To Facilitate the Conversion of Office Buildings to Housing

In downtown San Francisco, office vacancy has skyrocketed as hybrid work has transformed the way in which employers and employees use office space. This, in turn, has decreased activity downtown, negatively impacting the city’s…more

California, Commercial Real Estate Market, Conversion, County Planning Commissions, Housing Market

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Arizona DEQ Proposes Final Contours and Draft Legislation for Surface Water Protection Program

The Arizona Department of Environmental Quality updated stakeholders on December 15, 2020, regarding the final elements of its proposed state Surface Water Protection Program and solicited feedback on the draft legislation for…more

Department of Environmental Quality, Proposed Legislation, Public Comment, Shareholders, Surface Water

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China Releases the First National Standards on Privacy Policy for Public Comment

The National Information Security Standardization Technical Committee issued a draft of the new national standards on May 26, 2022. The new draft—Information Security Technology: Requirements of Privacy Policy of Internet…more

China, National Standards, Policies and Procedures, Privacy Laws, Privacy Policy

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NYDFS Proposes Updates to Guidance for Listing and Delisting Digital Assets

What Happened? The New York Department of Financial Services (NYDFS or Department) released proposed updates to its guidance on the self-certification process for listing and delisting digital assets. It also announced…more

Bitcoin, Delisting, Digital Assets, Financial Institutions, Financial Services Industry

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COVID-19 Officially Declared a Global Pandemic: The Practical Impact on Employers

“Epidemic” Versus “Pandemic”: A Distinction With A Difference - On March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic. Previously, the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Health and Safety

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San Francisco Adopts Ordinance To Facilitate the Conversion of Office Buildings to Housing

In downtown San Francisco, office vacancy has skyrocketed as hybrid work has transformed the way in which employers and employees use office space. This, in turn, has decreased activity downtown, negatively impacting the city’s…more

California, Commercial Real Estate Market, Conversion, County Planning Commissions, Housing Market

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Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA) to…more

ABC Test, Classification, Commercial Litigation, Department of Labor (DOL), Employee Definition

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Blockchain Week in Review - September 2020

U.S. Developments - CFTC Approves LedgerX to Clear Fully-Collateralized Futures and Options - The Commodity Futures Trading Commission (CFTC) announced that it has approved LedgerX, LLC’s amended order of registration to clear…more

Blockchain, CFTC, Cryptocurrency, Department of Business Oversight, Digital Currency

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SEC Approves 11 Spot Bitcoin Exchange-Traded Products

On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale…more

Appeals, Bitcoin, Cryptoassets, Cryptocurrency, ETFs

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SEC Charges Private Fund Administrator with Gatekeeping Failures

The Securities and Exchange Commission (SEC) announced two administrative settlements in June with a fund administrator that provided accounting and fund administration services to several private funds based on its alleged…more

Asset Valuations, Enforcement Actions, Fiduciary Duty, Fraud, Investment

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Ten Things to Know About USDOT's New NEPA and Section 4(f) Regulations for Highway, Transit and Rail Projects

New regulations took effect last month governing the federal environmental review process for highway, public transit and some railroad projects. This update highlights 10 important changes in the new regulations, as well as…more

Construction Project, Department of Transportation (DOT), Environmental Impact Report (EIR), Environmental Policies, Federal Railroad Administration

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Crypto and ESG Both on the Radar: SEC Outlines a Strong Enforcement Approach

U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler outlined a vigorous enforcement approach in his keynote remarks at the annual Securities Enforcement Forum. In a clear reference to cryptocurrencies and tokens, he…more

Capital Markets, Cryptocurrency, Department of Justice (DOJ), Enforcement Actions, Environmental Social & Governance (ESG)

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DOE Study Finds US Must Double Regional Transmission Capacity To Meet 2035 Clean Energy Goal

Last week, the U.S. Department of Energy (DOE) released its National Transmission Needs Study (Needs Study), which concludes that there is a pressing need for additional transmission infrastructure. That need is expected to…more

Critical Infrastructure Sectors, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Patterson v. Domino’s Pizza, LLC: Franchisors Are Not Vicariously Liable as “Employers” or “Principals” for Their Franchisees’ Employees’ Workplace Conduct, California High Court Rules

In a significant win for franchisors, the California Supreme Court ruled 4-3 that although Domino’s “imposes comprehensive and meticulous standards for marketing its trademarked brand and operating its franchises in a uniform…more

Dominos, Employer Liability Issues, Franchises, Franchisors, Limited Liability Company (LLC)

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More Than a Mansion Tax: L.A.’s Measure ULA Will Address the City’s Housing Crisis

Los Angeles’ United to House LA Measure (Measure ULA), enacted by city voters in November 2022, implements a significant new transfer tax on high-value real estate transfers or sales throughout the city of Los Angeles. Beginning…more

California, City of Los Angeles, IRS, Property Owners, Property Tax

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Preparing for the 2021 Public Company Reporting Season

In anticipation of the upcoming reporting season, we highlight rule changes, guidance, and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2021. During 2020, the U.S…more

Annual Meeting, Annual Reports, Board of Directors, CD&A, Coronavirus/COVID-19

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Washington Court of Appeals Limits B&O Tax Deduction for Investment Income

The Washington Court of Appeals has held that investment funds are subject to Washington state business and occupation (B&O) tax on their investment income. Although Washington law allows taxpayers to deduct “amounts derived…more

Emerging Growth Companies, Estate Planning, Income Taxes, Investment, IRS

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SEC Adopts New Disclosure Requirements for Mining Companies

The Securities and Exchange Commission recently adopted amendments to modernize the rules relating to property disclosure requirements for mining registrants, and Industry Guide 7 (Guide 7), under the Securities Act of 1933, as…more

Amended Regulation, CRIRSCO, Disclosure Requirements, Final Rules, Mineral Exploration

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Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees. The Sixth District Court of Appeal held that the City…more

Appeals, California, Commercial Real Estate Market, Fees, Mitigation

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Ten Things to Know About USDOT's New NEPA and Section 4(f) Regulations for Highway, Transit and Rail Projects

New regulations took effect last month governing the federal environmental review process for highway, public transit and some railroad projects. This update highlights 10 important changes in the new regulations, as well as…more

Construction Project, Department of Transportation (DOT), Environmental Impact Report (EIR), Environmental Policies, Federal Railroad Administration

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EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that National…more

Best Management Practices, Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA)

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of…more

Accessibility Rules, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Disability Discrimination, Information Technology

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EU Court Strikes Down EU-US Privacy Shield

The Court of Justice for the European Union (CJEU) on July 16, 2020, invalidated the EU-U.S. Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. This decision will…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, European Commission

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Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain Enforcement

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the…more

Anti-Dumping Duty, China, Compliance, Deferred Prosecution Agreements, Department of Justice (DOJ)

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DOE Announces Project Recipients for Seven Regional Clean Hydrogen Hubs

The U.S. Department of Energy (DOE) Office of Clean Energy Demonstrations (OCED) recently announced the project recipients selected for negotiation to develop seven regional clean hydrogen hubs across the United States. Funded…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Hydrogen Power

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San Francisco Enacts New Workplace Protection For Caregivers

The San Francisco Family Friendly Workplace Ordinance goes into effect on January 1, 2014. The ordinance grants employees who act as caregivers the right to request accommodation from their employers, including flexible…more

Caregivers, Flexible Work Arrangements, Local Ordinance, Municipalities

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Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent…more

Appeals, Constitutional Challenges, Damage Caps, Emotional Injury Claims, Loss of Consortium

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Ninth Circuit Issues Favorable Class Action Ruling for Defendants

The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the…more

Appeals, Ascertainable Class, Class Action, Class Certification, Class Representatives

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Net Neutrality Is Back, for Now

With the recent circulation of the Federal Communications Commission’s (FCC) draft version of its highly anticipated net neutrality order, Promoting a Fast, Open, and Fair Internet (the 2024 Order), Chairwoman Jessica…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), National Security

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FCC Takes Steps To Combat Digital Discrimination

Equal access to high-quality, affordable broadband internet service has never been more critical, particularly as Americans increasingly rely on broadband for everything from work and education to healthcare and entertainment…more

Broadband, Comment Period, Discrimination, Equal Access, FCC

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New Space Investments and Acquisitions Take Off

This article is the first of a series by the Perkins Coie New Space industry group on developments in the "new space" industry. Responsible for lowering the cost to access space, the "new space" industry has been developing…more

Acquisitions, Capital Markets, Corporate Governance, Emerging Growth Companies, Investment

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Psilocybin: Updates in Oregon and Around the Country

Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior Update, the state had finalized regulations. Now, the state has licensed its first psilocybin service…more

California, Cannabis Products, Cannabis-Related Businesses (CRBs), Colorado, Controlled Substances

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Dodd-Frank Executive Compensation Update: SEC Adopts CEO Pay Ratio Disclosure Rules

The Securities and Exchange Commission (SEC) recently adopted final rules implementing one of the last four remaining executive compensation requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act. …more

CEOs, Compliance, Cost-of-Living Adjustment (COLA), Data Privacy, De Minimus Quantity Exemption

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FinCEN Solicits Comments on Striking Expansion of Anti-Money Laundering Obligations to Real Estate Sector

The Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) on December 6, 2021, soliciting comments on the potential extension of the Bank Secrecy Act (BSA), and the attendant…more

Advanced Notice of Proposed Rulemaking (ANPRM), Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Financial Crimes

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Insurance Policyholders Required to Provide Notice of Claims and Settlements Says Sixth Circuit

Running counter to the national trend to require insurers to show prejudice before they can void their insurance obligations due to allegedly late notice, the U.S. Court of Appeals for the Sixth Circuit recently strictly…more

Corporate Counsel, Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, National Union

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New Law Criminalizes Streaming: What Businesses Need to Know

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center…more

Copyright, Coronavirus/COVID-19, Criminal Penalties, Internet Streaming, Live Streaming

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The SEC Speaks in 2022: Five Key Takeaways

At the Practicing Law Institute’s annual SEC Speaks conference, U.S. Securities and Exchange Commission (SEC) leadership highlighted the agency’s current enforcement priorities and previewed its agenda for the year to come..…more

Cryptoassets, Cybersecurity, Disclosure Requirements, Enforcement, Environmental Social & Governance (ESG)

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Council on Environmental Quality Proposes Revisions to 2020 NEPA Regulations

The Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration. The Proposed Rule, published in the October 7, 2021 Federal…more

CEQ, Climate Change, Environmental Justice, Environmental Policies, Federal Register

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NLRB Challenges Franchise Model in Complaint Against McDonald’s

Last week, in an unprecedented shift away from long-standing Board precedent, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), asserted that McDonald’s, USA LLC (McDonald’s USA) — the…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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New Reporting, Notification, and Accommodation Requirements Issued for Washington Employers During the Pandemic

Washington Governor Jay Inslee signed the Health Emergency Labor Standards Act (HELSA) on May 11, 2021. HELSA went into effect immediately and applies to workplaces only during a declared public health emergency involving an…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Governor Inslee, Infectious Diseases

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Quarterly Investment Update – 4th Quarter 2015

As we enter 2016, we want to thank you for the continued trust and confidence you place in Perkins Coie Trust Company. On the investment front, we anticipate continued stock market volatility this year as diverging global…more

Crude Oil, GDP, Interest Rates, Investment Management, Long-Term Investment Funds

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FCC Reduces Regulatory Barriers to 5G Wireless Deployment

The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented…more

5G Network, Cell Towers, Deregulation, Environmental Assessments, FCC

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What Proposed Tax Plans by Trump Administration and House Republicans Mean for Personal Planning

The election of Donald Trump and Republican majorities in U.S. Congress make the future of the federal transfer tax system (gift, estate and generation-skipping transfer (GST) taxes) uncertain. President-elect Trump and…more

Business Valuations, Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer

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Relaxing of Employment Authorization Extension Policies for E, H-4, and L Visa Dependent Spouses

The U.S. Department of Homeland Security (DHS) reached a settlement agreement on November 10, 2021, to allow automatic extensions of employment authorization for certain H-4 and L dependent spouses. Additionally, on November 12,…more

Class Action, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Form I-9

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In re Fagerdale USA-LOMPOC Inc.: Defensive Purchase of Claims to Avoid Cramdown Deemed Not “Bad Faith”

A secured lender facing the prospect of having the essential provisions of its loan re-written in a Chapter 11 plan of reorganization will look for options to prevent or minimize the likelihood of such a revision. Chapter 11…more

Bad Faith, Chapter 11, Commercial Bankruptcy, Cramdown, Debt Restructuring

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Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing Development

The Washington State Legislature kicked off its 2023 Legislative Session on Monday, January 9, 2023. A big focus this year is on affordable housing initiatives. This Update summarizes five significant affordable housing bills…more

Affordable Housing, Legislative Agendas, Multi-Family Development, Multi-Family Housing, New Legislation

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Irrevocable Life Insurance Trusts - Tax and Nontax Advantages

Creating an Irrevocable Life Insurance Trust (ILIT) can dramatically increase the liquidity of an individual’s estate and effectively leverage the value of the annual $14,000 per donee gift tax exclusion and the $5,430,000…more

Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Irrevocable Life Insurance Trusts

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The New EU-US Privacy Shield: Safe Harbor 2.0

Two days after the expiration of the informal deadline to replace the Safe Harbor Framework invalidated by the Court of Justice of the European Union in October 2015, the EU and US have come to terms on a new framework—the…more

Article 29 Working Party (WP29), Data Protection, EU, EU-US Privacy Shield, Federal Trade Commission (FTC)

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Federal Circuit Holds That Issues Of Claim Construction Must Be Reviewed Without Deference On Appeal, Without Regard To Legal Or Factual Distinctions

Since 1998, when the Federal Circuit issued its en banc opinion in Cybor Corp. v. FAS Technologies, Inc., claim construction issues have been subject to de novo review on appeal. Under this standard of review, no formal…more

Claim Construction, Cybor Corp v FAS Technologies, Patent Infringement, Patent Litigation, Patents

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Washington State Issues New Rules for Paid Family and Medical Leave

The Washington Employment Security Department (ESD) adopted new rules for the state’s Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage…more

Adoption, Child Custody, Employee Benefits, Employer Liability Issues, New Regulations

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Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI

In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective…more

AFTRA, Artificial Intelligence, Commercial Contracts, Contract Drafting, Contract Terms

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Expect Significant Investments in Water Infrastructure

Earlier this month, a report from the American Society of Civil Engineers gave America’s infrastructure an overall grade of C-. The nation’s water infrastructure fell below that average with a C- for drinking water…more

Biden Administration, Drinking Water, Infrastructure, Investment, Wastewater

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Impact of Tax Reform on Some Private Company Equity Awards: Limited Income Tax Deferral Opportunities for Employees

The recent tax reform bill, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the Act), was signed into law on December 22, 2017. The Act includes a new income tax deferral regime for certain employee stock options and…more

Corporate Taxes, Deferred Compensation, Income Taxes, ISOs, Notice Requirements

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State Privacy Laws: The Gift That Keeps on Giving?

Though it was not long ago that resolutions of California Consumer Privacy Act (CCPA) readiness ushered in the new year, ‘tis the season once again to deck the halls with privacy compliance checklists. Retailers doing business…more

Advertising, B2B Transactions, Compliance, Consumer Rights Directive, Data Collection

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'Tis the Season for Year-End Charitable Gifts

As you are making your list and checking it twice, you might want to consider whether you want to make any year-end gifts to your favorite charities. If you do, you will be in good company. According to the National…more

Charitable Deductions, Charitable Donations, Charitable Organizations, IRS, Nonprofits

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DOE Proposes Rule for More Efficient Environmental Review of Clean Energy Projects

The U.S. Department of Energy (DOE) proposed to amend its National Environmental Policy Act (NEPA) procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage systems and to expand its…more

Biden Administration, Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector

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California Supreme Court Establishes Duty in Take-Home Asbestos Exposure Cases

On December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to prevent…more

Asbestos, Asbestos Litigation, Corporate Counsel, Duty of Care, Hazardous Substances

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Business Loss Insurance Coverage for Port Explosions in China

Massive explosions occurred at a warehouse in Tianjin, China, in August 2015, that left hundreds of people dead or injured and destroyed much of the city’s port facilities. Tianjin is located in the industrial north of China…more

Business Interruption, China, Commercial Insurance Policies, Explosions, Industrial Space

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CPUC Adopts Short-Term Actions to Accelerate Microgrid Deployment

The California Public Utilities Commission (CPUC) on June 17, 2020, issued its Decision Adopting Short-Term Actions to Accelerate Microgrid Deployment and Related Resiliency Solutions in California. This decision represents a…more

CPUC, Electricity, Energy Projects, Microgrids, New Legislation

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Chancery Court Applies Onerous Entire Fairness Standard in First SPAC-Related Decision

In one of the first decisions to analyze fiduciary duty claims in the context of a special purpose acquisition company (SPAC) merger, the Delaware Chancery Court recently sustained the legal viability of a putative shareholder…more

Disclosure Requirements, Duty of Loyalty, Fairness Standard, Fiduciary Duty, Mergers

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SEC Speaks Out on SPACs

When a significant volume of capital is raised from investors through nontraditional capital markets transactions, the U.S. Securities and Exchange Commission (SEC) is sure to follow with increased scrutiny. The SEC made that…more

Capital Investments, Capital Markets, Corp Fin, Disclosure Requirements, Initial Public Offering (IPO)

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Blockchain Week in Review - May 2020

Commissioner Brian D. Quintenz Ending His Term at the CFTC - Brian D. Quintenz is ending his five-year term as Commissioner at the Commodity Futures Trading Commission (CFTC). He released a statement on April 28, 2020…more

Blockchain, CFTC, China, Cryptocurrency, Digital Assets

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DHS Announces New Artificial Intelligence and Facial Recognition, Face Capture, and Facial Analysis Policies

The U.S. Department of Homeland Security (DHS) announced new policies on September 14, 2023, regarding its use and acquisition of artificial intelligence (AI) technologies, including facial recognition and face capture…more

Artificial Intelligence, Data Privacy, Data Security, Department of Homeland Security (DHS), Facial Recognition Technology

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California Updates Its Auto-Renewal Law

From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay. As more companies adopt this model, states around the country have…more

Auto-Renewal, Choice-of-Law, Disclosure Requirements, Good Faith, Internet Retailers

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Private Company Tax Planning Opportunities for 2018

The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) and the recent taxpayer victory in the U.S. Tax Court’s Lender Management, LLC decision have created important planning opportunities for both our closely held and…more

Alternative Minimum Tax, Bonus Depreciation, Business Taxes, C-Corporation, Compensation & Benefits

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USDA Issues Final Rule on Voluntary “Product of USA” Claims

On March 18, USDA’s Food Safety and Inspection Service (FSIS) published its Final Rule on Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims (Final Rule). The Final Rule covers meat, poultry, and egg products…more

Final Rules, Food Labeling, Food Safety and Inspection Service (FSIS), Labeling, Made in the USA

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CFPB Issues Proposed Open Banking Rule

The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement…more

Banking Sector, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), EFTA, Fair Credit Reporting Act (FCRA)

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Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to…more

Appeals, Arbitration, Arbitration Agreements, Business Litigation, Class Action Arbitration Waivers

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DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation Programs

The U.S. Department of Justice (DOJ) on March 3, 2023, unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs (ECCP) regarding corporate compensation incentives…more

Clawbacks, Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ)

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Cal/OSHA Enforcement Authority Expands Significantly in 2022

Effective January 1, 2022, SB 606 significantly expands Cal/OSHA’s enforcement powers and the potential penalties for workplace health and safety violations. Specifically, this bill (1) enhances Cal/OSHA compliance and…more

Cal-OSHA, Employees, Employer Liability Issues, Enforcement Actions, Enforcement Authority

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Seattle’s New Secure Scheduling Ordinance

The Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016. The Ordinance imposes new requirements on certain employers in the retail and food services industries for their…more

Anti-Retaliation Provisions, Employer Liability Issues, Fast-Food Industry, Hiring & Firing, Local Ordinance

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CMS Issues Final Physician Payment Sunshine Act Regulations

On February 1, 2013, the Centers for Medicare and Medicaid Services (CMS) published the long-awaited final regulations implementing the Physician Payment Sunshine Act (Act or Sunshine Act). The Sunshine Act requires drug,…more

Biologics, Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Common Ownership, Covered Recipients

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Private Early-Stage Startup Companies Coming Under Increased SEC Scrutiny

While sophisticated participants in private markets have historically been seen as capable of bargaining for information or withstanding losses better than mom-and-pop investors, current events signal that the U.S. Securities…more

Best Practices, Corporate Governance, Data Protection, Disclosure Requirements, Early Stage Companies

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CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Digital Marketplace, Federal Trade Commission (FTC), Financial Services Industry

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2022 Cybersecurity Issues and Recommendations for ERISA Plan Fiduciaries

New cybersecurity developments and observations, including those relating to U.S. Department of Labor's (DOL) review of cybersecurity issues, warrant prompt consideration by plan sponsors and other fiduciaries of employee…more

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

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How Are the World’s Most Disruptive Technologies Faring in the Fight Against the World’s Most Disruptive Virus?

Over the last decade, we have heard a lot about artificial intelligence, machine learning, robotics, blockchain, and other disruptive digital technologies and how they are transforming the world. With the current coronavirus…more

3D Printing, Artificial Intelligence, Augmented Reality, Blockchain, Cloud Computing

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OSHA Updates Workplace Guidance on COVID-19 to Align With CDC Guidance

The Occupational Safety and Health Administration (OSHA) updated general industry guidance for COVID-19 that is applicable to all workplaces. OSHA’s August 13, 2021, general industry guidance, which is advisory and creates no…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Guidance Update, High Risk Covid Employees, Masks

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Enforcement of CPRA Regulations Delayed but Don’t Abandon Privacy

The day before the California Privacy Rights Act (CPRA) became enforceable on July 1, we learned that enforcement of the first set of implementing regulations finalized by the California Privacy Protection Agency (CPPA) under…more

California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Privacy Laws, Proposed Regulation, Regulatory Agenda

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FCC Clarifies TCPA Mandates

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language…more

FCC, TCPA

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Advertising Holiday Discounts? How Retailers Can Avoid Lawsuits

With the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year. Sales advertising is a staple of holiday marketing campaigns, which often include “former price”…more

Advertising, Holidays, Purchase Price, Retail Market, Retailers

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The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?

After nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission (SEC) adopted a Final Rule on Mandatory Climate Disclosures (Final Rule). While less sweeping than initially proposed, the…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring Meeting

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In this first of a three-part…more

Administrative Appointments, American Bar Association (ABA), Antitrust Division, Antitrust Violations, Attorney General

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OFAC Takes Action Against Virtual Currency Tornado Cash in Novel Application of Sanctions Authorities

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), on August 8, 2022, sanctioned virtual currency mixer Tornado Cash. OFAC alleged that it had been “used to launder more than $7 billion worth of…more

Enforcement Actions, Legislative Agendas, Money Laundering, Office of Foreign Assets Control (OFAC), Regulatory Agenda

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Corporate Transparency Act Will Require Disclosure of Senior Officers and Directors of Many US and Foreign Companies

The Corporate Transparency Act (CTA) became law on January 1, 2021, and requires companies formed and/or operating in the United States to disclose beneficial ownership information through a database that will be maintained by…more

Beneficial Owner, Board of Directors, Corporate Transparency Act, Disclosure Requirements, FinCEN

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Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent…more

Appeals, Constitutional Challenges, Damage Caps, Emotional Injury Claims, Loss of Consortium

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Preparing for the 2024 Public Company Reporting Season

In anticipation of the upcoming reporting season, this Update highlights some of the most significant rule changes, guidance, institutional investor areas of focus, and trends for public companies to consider in preparing annual…more

10b5-1 Plans, Board of Directors, Clawbacks, Corporate Governance, Cybersecurity

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NLRB General Counsel Opines Noncompete Agreements May Violate the National Labor Relations Act

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo issued a memorandum on May 30, 2023, opining that noncompete agreements contained in employment agreements and severance agreements…more

Employment Contract, Federal Trade Commission (FTC), NLRA, NLRB, NLRB General Counsel

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EPA’s Landmark PFAS Drinking Water Standards

The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes…more

CERCLA, Clean Water Act, Contamination, Drinking Water, Environmental Policies

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Blockchain Week in Review - August 2020

US Developments - US Senate Confirms SEC Commissioner Hester Peirce for Second Term - The U.S. Senate confirmed Securities and Exchange Commissioner Hester Peirce for a second term on Thursday alongside Caroline Crenshaw…more

Blockchain, Cryptocurrency, Russia, Securities and Exchange Commission (SEC), Swiss Banks

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Floating Offshore Wind in the Gulf of Maine—BOEM Announces Next Steps Toward Development

The Bureau of Ocean Energy Management (BOEM) announced on March 18, 2024, the identification of a final Wind Energy Area (WEA) of 2,000,902 acres for commercial leasing and potential development of floating wind on the Outer…more

BOEM, Clean Energy, Commercial Leases, Energy Projects, Energy Sector

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EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

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Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts

Reward Science and Technology Industry Group Co., Ltd. (Reward) joins a growing list of Chinese companies which have chosen to file a case in U.S. Bankruptcy Court in connection with their restructuring efforts under the…more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Corporate Restructuring

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Blockchain Week in Review - June 2019 #4

U.S. Developments - Regulatory Developments - CFTC Announces Two Events Designed to Encourage FinTech Innovation - On June 27, 2019, the Commodity Futures Trading Commission (“CFTC”) announced two events designed to…more

Anti-Money Laundering, Artificial Intelligence, Bitcoin, Blockchain, Cayman Islands

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Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality

After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case No…more

Amazon, Biometric Information, Biometric Information Privacy Act, Commerce Clause, Dormant Commerce Clause

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Biden Executive Order Significantly Broadens Ethics Requirements for Appointees

In one of his first official acts, President Biden signed an executive order that sets stringent ethics rules for incoming executive branch appointees. The Executive Order on Ethics Commitments by Executive Branch Personnel…more

Biden Administration, Ethics, Executive Orders, Foreign Agents, Foreign Agents Registration Act (FARA)

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Investment Company Status Considerations for Cash Positioning in Wake of Bank Failures

Given this week’s headlines, many emerging companies may be asking themselves: “Why am I holding so much cash?” The Investment Company Act of 1940 (the 1940 Act) may be to blame. “But I don’t have any intention of…more

Banks, Investment Adviser, Investment Company Act of 1940, Investment Funds, Investment Management

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Federal Legislation Seeks To Change Online Child Safety Reporting Obligations and Impose Content Safety Obligations

A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation (CSE)…more

Children's Online Games, Children's Products, Consumer Protection Act, COPPA, Data Collection

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Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New Year

It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the Washington…more

Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Coronavirus/COVID-19, Data Collection

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Recent Changes In SEC Enforcement Policy Require Renewed Attention To Directors’ And Officers’ Insurance Terms

In recent months, the Securities and Exchange Commission (SEC) has announced and implemented policy shifts that could compromise the availability of directors’ and officers’ (D&O) insurance coverage for entities and individuals…more

Corporate Officers, Directors, Enforcement, Enforcement Actions, Securities and Exchange Commission (SEC)

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The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”…more

Appeals, Attorney-Client Privilege, Business Litigation, Class Action, Confidential Communications

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Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan Scrutiny

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings…more

Constitutional Challenges, Dolan v City of Tigard, George Sheetz v County of El Dorado, Impact Fees, Land Developers

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FAA Details Unmanned Aircraft Systems (UAS) Integration Pilot Program

The Federal Aviation Administration (FAA) published a notice on the Unmanned Aircraft Systems (UAS) Integration Pilot Program on November 8, 2017. Here is an overview of the program..…more

Airspace, Competition, Department of Transportation (DOT), Federal Aviation Administration (FAA), Federal Pilot Programs

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A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

President Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.), on August 9, 2023,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, China, Compliance, Corporate Governance

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Quarterly Investment Update - 4th Quarter 2016

ECONOMIC REVIEW AND OUTLOOK - In this past year we were reminded again to expect the unexpected: The well-established political classes in the U.K., the U.S. and Italy learned that democracy was their Achilles’ heel, and…more

Bonds, Estate Planning, Estate Tax, EU, Federal Reserve

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IRS Clarifies Guidance Regarding Repayment of 2020 Required Minimum Distributions Taken in 2020

Taxpayers are required to take minimum annual distributions, commonly referred to as required minimum distributions (RMDs), from their Individual Retirement Accounts (IRAs) and certain other defined contribution plans (e.g.,…more

401k, 403(b) Plans, Guidance Update, Individual Retirement Account (IRA), IRS

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Crowdfunding Leaps Closer To Becoming A Reality

The Securities and Exchange Commission (SEC) took a giant step in fulfilling its rulemaking obligation under the 2012 Jumpstart Our Business Startups (JOBS) Act last week when it released proposed Regulation Crowdfunding. …more

Crowdfunding, JOBS Act, Securities Act of 1933, Securities and Exchange Commission (SEC)

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FERC Upholds Reforms to Interconnection Process, But Will Reforms Be Implemented Fast Enough?

On March 21, 2024, FERC issued Order No. 2023-A, in which it acted on requests for rehearing or clarification related to nearly all of its landmark reforms to the pro forma generator interconnection processes (GIP) and generator…more

Energy Reform, Energy Sector, FERC, Interconnections, New Regulations

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Real Estate Excise Tax Exemption Encourages Affordable Housing

Transfers of real property to certain qualifying entities will no longer be subject to real estate excise tax in Washington State, effective on January 1, 2023. The Washington State Legislature passed Engrossed House Bill 1643…more

Affordable Housing, Covered Entities, Excise Tax, Income Taxes, IRS

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Preparing for the 2023 Public Company Reporting Season

The U.S. Securities and Exchange Commission (SEC) had a busy 2022, adopting a number of new rules and proposing additional rules, many of which are likely to be finalized over the next several months. In November, Glass Lewis…more

10b5-1 Plans, Annual Reports, Board of Directors, Clawbacks, Corporate Governance

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Washington Evaluates the Standard for Corporate Executive Depositions

The Washington Supreme Court recently considered whether it would adopt the "apex doctrine." This doctrine is a framework used by some courts to evaluate whether a party may take the deposition of a company's executives and…more

Apex Doctrine, Corporate Executives, Depositions, Discovery, Employer Liability Issues

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The Impact of The PTAB’s Motion to Amend Pilot Program

Motions to amend have been part of America Invents Act trials since their inception. The U.S. Patent and Trademark Office solicited public input on the motion to amend process, which was followed by a study by the Patent Trial…more

America Invents Act, Motion to Amend, Patent Trial and Appeal Board, Pilot Programs

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SEC’s FinHub Publishes Framework for Digital Assets and SEC’s Division of Corporation Finance Grants First No-Action Relief to Token Sponsor

The U.S. Securities and Exchange Commission (SEC) Strategic Hub for Innovation and Financial Technology (FinHub) published a framework on April 3, 2019, for analyzing whether a digital asset is offered and sold as a security…more

Blockchain, Digital Assets, Distributed Ledger Technology (DLT), FinHub, Howey

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Accounting Group Again Requests Guidance From The IRS on Virtual Currency Tax Issues

The primary professional organization for accounting professionals (AICPA) recently renewed their requests to the Internal Revenue Service for U.S. virtual currency guidance on key tax issues. The IRS has not shown any…more

Accounting, AICPA, American Bar Association (ABA), Cryptocurrency, IRS

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FTC Proposes Rulemaking for Recurring Subscription Programs

The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would have a…more

Advertising, Cancellation Rights, Consent, Disclosure, Federal Trade Commission (FTC)

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CFPB Issues Proposed Open Banking Rule

The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement…more

Banking Sector, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), EFTA, Fair Credit Reporting Act (FCRA)

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FCC Takes Steps To Combat Digital Discrimination

Equal access to high-quality, affordable broadband internet service has never been more critical, particularly as Americans increasingly rely on broadband for everything from work and education to healthcare and entertainment…more

Broadband, Comment Period, Discrimination, Equal Access, FCC

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Taking Stock of Newly Released FARA Advisory Opinions

The U.S. Department of Justice (DOJ) recently released for the first time dozens of advisory opinions issued by the FARA Registration Unit, the DOJ agency responsible for administering the Foreign Agents Registration Act of…more

Advisory Opinions, CFIUS, Commercial Activity Exception, Department of Justice (DOJ), Disclosure Requirements

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NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance Agreements

In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions…more

Confidentiality Agreements, Contract Terms, NLRA, NLRB, NLRB General Counsel

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Blockchain Week in Review - April 2021 #4

U.S. Developments - Bipartisan crypto bill passes House of Representatives - Last week, the U.S. House of Representatives passed H.R. 1602, titled “Eliminate Barriers to Innovation Act of 2021.” The bill was first introduced…more

Bitcoin, Blockchain, CFTC, Cryptocurrency, Digital Currency

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Blockchain Week in Review - July 2020 #2

US Developments - CFTC and SEC Issue Orders Filing and Settling Charges with Two Entities for Illegal Off-Exchange Trading and Registration Violations - On July 13, 2020, the Commodity Futures Trading Commission (CFTC) and the…more

BitLicense, Blockchain, CFTC, China, Cryptocurrency

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Issuer Reporting and Disclosure Remains Focus of SEC and Other Regulators

In a recent speech, SEC Enforcement Director Andrew Ceresney confirmed the SEC’s continued pursuit of investigations and enforcement actions relating to issuer reporting and disclosure, an area that remains a high priority for…more

Audits, Corporate Issuers, Disclosure Requirements, Disgorgement, Enforcement Actions

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New Defend Trade Secrets Act Creates Powerful Protection Options

The United States House of Representatives passed the Defend Trade Secrets Act, S. 1890 (DTSA) on April 27, 2016, in identical form to that previously passed by the Senate on April 4, 2016. Now that the DTSA has cleared…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Misappropriation

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A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

President Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.), on August 9, 2023,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, China, Compliance, Corporate Governance

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Trump Administration Finalizes Major Changes to Endangered Species Act Regulations

The U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a set of three new final rules on August 12, 2019, that substantially revise the regulations implementing the Endangered Species Act. The new rules…more

Critical Habitat, Delisting, Endangered Species Act (ESA), Environmental Policies, ESA Listings

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Supreme Court Holds That SLUSA Does Not Preempt State Law Claims Of Investors In Stanford Ponzi Scheme

Recently, the U.S. Supreme Court limited the scope of the preemption of state law class actions afforded by the Securities Litigation Uniform Standards Act of 1998 (SLUSA) in Chadbourne & Parke LLP v. Troice, No. 12-79 (U.S…more

Chadbourne & Parke LLP v Troice, Ponzi Scheme, Preemption, SCOTUS, SLUSA

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Sick Leave Payout Rule for Washington Construction Workers Takes Effect

Certain construction workers and other employees in the construction industry must be paid the entire balance of accrued and unused paid sick leave if those workers separate from employment before they reach their 90th day of…more

Construction Industry, Construction Workers, Employees, Employer Liability Issues, Labor Regulations

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Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not Falling

The U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania…more

Constitutional Challenges, Dormant Commerce Clause, Due Process, Foreign Corporations, General Jurisdiction

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NLRB Upholds Johnnie’s Poultry Standard in Sunbelt Rentals, Inc. Decision

Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with…more

Employee Rights, Employees, Employer Liability Issues, Hiring & Firing, Investigations

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AI-Generated Deepfakes and the Emerging Legal Landscape

As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example, in…more

Artificial Intelligence, Criminal Penalties, Deep Fake, FCC, Federal v State Law Application

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Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI

In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective…more

AFTRA, Artificial Intelligence, Commercial Contracts, Contract Drafting, Contract Terms

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FTC Proposes Rule Addressing Use of AI To Impersonate Individuals

The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide goods…more

Artificial Intelligence, Data Security, Federal Trade Commission (FTC), Foreign Trade Regulations, Machine Learning

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FERC Upholds Reforms to Interconnection Process, But Will Reforms Be Implemented Fast Enough?

On March 21, 2024, FERC issued Order No. 2023-A, in which it acted on requests for rehearing or clarification related to nearly all of its landmark reforms to the pro forma generator interconnection processes (GIP) and generator…more

Energy Reform, Energy Sector, FERC, Interconnections, New Regulations

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Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims

When the Arizona Legislature enacted the Purchaser Dwelling Act (the "Act") in 2002, it imposed various pre-litigation notice and inspection requirements on purchasers and homeowners’ associations before they could file a…more

Architects, Construction Defects, Construction Industry, Contractors, Engineering

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Oregon COVID-19-Related Borrower Protections Signed Into Law

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020. The new statute affects lenders of both commercial and residential loans secured by Oregon real estate. It requires lenders to defer loan…more

Borrowers, Commercial Loans, Foreclosure, Governor Brown, Lenders

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SB 54 Increases Transparency in California’s Venture Capital Industry

California Governor Gavin Newsom signed Senate Bill 54 (SB 54) into law on October 8, 2023, to take effect March 1, 2025, for all investments made during calendar year 2024. The law will require “covered entities” to report the…more

California, Capital Markets, Covered Entities, Investment Firms, Reporting Requirements

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Corporate Transparency Act Will Require Disclosure of Senior Officers and Directors of Many US and Foreign Companies

The Corporate Transparency Act (CTA) became law on January 1, 2021, and requires companies formed and/or operating in the United States to disclose beneficial ownership information through a database that will be maintained by…more

Beneficial Owner, Board of Directors, Corporate Transparency Act, Disclosure Requirements, FinCEN

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What is the US-UK Data Access Agreement and Why Does it Matter?

This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act…more

CLOUD Act, Criminal Investigations, Cross-Border, DATA Act, Data Privacy

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Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a…more

Acquisitions, American Bar Association (ABA), Antitrust Division, Discovery, Divestiture

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Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage…more

Beverage Manufacturers, Cannabis Products, Class Action, Class Action Settlement, Dietary Supplements

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CNIPA Issues Significant Draft Amendment to the PRC Trademark Law

The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023. The TML Draft Amendment is the product of…more

China, CNIPA, INTA, Intellectual Property Protection, Proposed Amendments

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CCPA Amendments Provide Important Clarification

While privacy laws are proliferating globally, the California Consumer Privacy Act (CCPA) is California’s comprehensive and landmark legislation that seeks to give California consumers expanded rights to learn about and control…more

Amended Legislation, B2B Organizations, B2B Transactions, California Consumer Privacy Act (CCPA), Consumer Privacy Rights

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PCAOB Proposes Significant Changes To Auditor’s Report And Responsibilities For Annual Reports Filed With The SEC

As a result of ongoing efforts to improve the informational value of the auditor’s reporting model, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed two new auditing standards for public comment…more

Annual Reports, Auditors, Audits, PCAOB, Reporting Requirements

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On the Discoverability of Virtual Meetings

In 1964, futurist Arthur C. Clarke predicted that in 50 years, people “will no longer commute—they will communicate.” For a significant portion of the American workforce, the future is now. COVID-19 has fundamentally changed how…more

All-Party Consent, Best Practices, Coronavirus/COVID-19, e-Discovery, Recording Requirements

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Board Meetings In Times of COVID-19: SEC Relaxes Certain In-Person Meeting Requirements Under 1940 Act

In light of the recent novel coronavirus (COVID-19) outbreak and the challenges it presents for boards of directors to safely travel, the Securities and Exchange Commission (SEC) issued an order on March 13, 2020, (the order)…more

Coronavirus/COVID-19, Corporate Governance, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC)

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New Year’s Resolutions for Successful Brand Partnerships in 2023

As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products…more

Advertising, Brand, Celebrity Endorsements, Consumer Product Companies, Endorsements

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D.C. Circuit Dismisses Clean Air Act Challenge to New EPA Policy Memorandum, Finding No “Final Agency Action”

The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities…more

Administrative Proceedings, Air Pollution, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Inter Partes Review Proceedings: A Third Anniversary Report

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become the…more

America Invents Act, Apple, Claim Construction, Discovery, Estoppel

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Will Taylor Swift’s Bad Blood With Ticketmaster Spur Antitrust Action?

Taylor Swift fans seeking to score tickets to the superstar’s highly anticipated “Eras” tour were outraged when Ticketmaster could not handle what it dubbed “unprecedented” demand. In response, Taylor Swift bemoaned, “It’s…more

Antitrust Division, Competition, Corporate Counsel, Department of Justice (DOJ), Enforcement Actions

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California Issues New Regulations on Notification Obligations for Medical Information Breaches

Certain California-licensed healthcare facilities are now subject to additional breach reporting obligations pursuant to regulations (Regulations)[1] issued by the California Department of Public Health (Department) on July 1,…more

Breach Notification Rule, California, Data Breach, Health Information Technologies, Health Insurance Portability and Accountability Act (HIPAA)

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California Consumer Privacy Act Litigation Year in Review 2021

California has the most comprehensive privacy law in the United States. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and regulates any “business” that does business in California. The CCPA…more

Business Litigation, California, California Consumer Privacy Act (CCPA), Class Action, Consumer Privacy Rights

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Oregon COVID-19-Related Borrower Protections Signed Into Law

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020. The new statute affects lenders of both commercial and residential loans secured by Oregon real estate. It requires lenders to defer loan…more

Borrowers, Commercial Loans, Foreclosure, Governor Brown, Lenders

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Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal Contractors

The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which apply…more

Comment Period, Deadlines, Employer Liability Issues, Federal Acquisition Regulations (FAR), Federal Contractors

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FTC Sends Warning to Brands and Social Media Influencers

The Federal Trade Commission (FTC) recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media posts…more

Advertising, Brand, Disclosure Requirements, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered Species…more

Bureau of Reclamation, Critical Habitat, Customs and Border Protection, Endangered Species, Endangered Species Act (ESA)

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DOE Announces Project Recipients for Seven Regional Clean Hydrogen Hubs

The U.S. Department of Energy (DOE) Office of Clean Energy Demonstrations (OCED) recently announced the project recipients selected for negotiation to develop seven regional clean hydrogen hubs across the United States. Funded…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Hydrogen Power

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EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the…more

Americans with Disabilities Act (ADA), Employee Rights, Employees, Employer Liability Issues, Employment Policies

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Corporate Transparency Act Applied to M&A

The Corporate Transparency Act (CTA), designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024. As discussed in more detail…more

Acquisitions, Beneficial Owner, Corporate Transparency Act, Mergers, Reporting Requirements

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CFPB Proposes Federal Oversight of Digital Wallet and Payment App Providers

The Consumer Financial Protection Bureau (CFPB) published a proposed rule on November 7, 2023, that, if finalized, would subject to its supervisory authority certain Big Tech firms and other nonbank companies operating in the…more

Comment Period, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Wallets, Financial Services Industry

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Ninth Circuit Raises Bar for Approving Changes in State Medicaid Reimbursement

The U.S. Court of Appeals for the Ninth Circuit Court raised the bar last week for what states must prove to establish that their Medicaid provider reimbursement rates are sufficient to ensure a robust network of providers for…more

Administrative Procedure Act, Appeals, Arbitrary and Capricious, Beneficiaries, Equal Access

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Would the Supreme Court Stay EPA’s Clean Power Plan Today?

The senior-most U.S. Supreme Court Justice, Antonin Scalia, passed away on February 13, 2016 just days after the Supreme Court, by a slim 5 to 4 majority, stayed the EPA’s enforcement of the Clean Power Plan. Among other things,…more

Antonin Scalia, Carbon Emissions, Clean Power Plan, Climate Change, Coal-Fired Generation

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SB 54 Increases Transparency in California’s Venture Capital Industry

California Governor Gavin Newsom signed Senate Bill 54 (SB 54) into law on October 8, 2023, to take effect March 1, 2025, for all investments made during calendar year 2024. The law will require “covered entities” to report the…more

California, Capital Markets, Covered Entities, Investment Firms, Reporting Requirements

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Preparing for the 2024 Public Company Reporting Season

In anticipation of the upcoming reporting season, this Update highlights some of the most significant rule changes, guidance, institutional investor areas of focus, and trends for public companies to consider in preparing annual…more

10b5-1 Plans, Board of Directors, Clawbacks, Corporate Governance, Cybersecurity

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FTX Finds Assets and Is Looking for More

FTX filed its presentation to the Official Committee of Unsecured Creditors (UCC), reporting that FTX has located about $5.5 billion of cash and other liquid assets but less than $1.8 billion of digital assets identified with…more

Bahamas, Blockchain, Chapter 11, Cryptocurrency, Debtors

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Forthcoming Disclosure and Security Requirements for Institutions Hosting Federally Funded Research

NSPM-33 National Security Presidential Memorandum-33 (NSPM-33) and implementation guidance from the National Science and Technology Council (NSTC) direct federal agencies to standardize and enhance disclosure and security…more

Disclosure Requirements, Enforcement, Federal Funding, Healthcare, National Science Foundation

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Assessing the Trump Administration’s Approach to Antitrust and Unfair Competition

As President-elect Donald Trump prepares to take the helm of the executive branch of the federal government, many are asking how he will approach antitrust regulation. Conventional wisdom holds that Republicans are more amenable…more

Administrative Appointments, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Federal Reserve Issues Final Guidelines for Master Account Access

The Board of Governors of the Federal Reserve System (the Board), on August 15, 2022, issued final guidelines for regional Federal Reserve Banks to use when considering applications for Federal Reserve “master accounts”—deposit…more

Banks, FDIC, Federal Reserve, Final Guidance, Financial Institutions

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COVID-19 and Construction Contracts: Considerations for Owners and Developers

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects. Even those construction projects permitted to continue under the…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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Ninth Circuit Issues Favorable Class Action Ruling for Defendants

The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the…more

Appeals, Ascertainable Class, Class Action, Class Certification, Class Representatives

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Beyond Cradle to Grave: EPA Proposes to Regulate PFAS “Forever Chemicals” Under RCRA

In response to a petition from New Mexico Governor Michelle Lujan Grisham, the U.S. Environmental Protection Agency announced on October 26, 2021, that it will take steps toward regulating per- and polyfluoroalkyl substances…more

CERCLA, Environmental Litigation, Environmental Protection Agency (EPA), Hazardous Waste, PFAS

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IRS Issues Proposed Regulations Relating to Digital Asset Transactions

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) recently released proposed regulations (REG-122793-19) pertaining to information reporting and backup withholding, as well as basis and amount…more

Blockchain, Brokers, Digital Assets, IRS, Proposed Regulation

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Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as H-1B,…more

E-3, Green Cards, H-1B, H-1B1, Interim Final Rules (IFR)

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New IRS Guidance Regarding Code Section 45Q Credits - Revenue Ruling 2021-13

The Internal Revenue Service (IRS) issued new guidance regarding Section 45Q tax credits (Revenue Ruling 2021-13). The IRS guidance addresses the application of Section 45Q of the Internal Revenue Code of 1986 and the capture of…more

Carbon Capture and Sequestration, Carbon Emissions, Internal Revenue Code (IRC), IRS, New Guidance

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Work-Related Text Messages on Personal Cell Phones Are Public Records Says WA Supreme Court

From Washington, D.C. to Washington state, the manner in which government officials and employees create and store business records is making headlines. The latest development is a unanimous decision of the Washington Supreme…more

Cell Phones, Mobile Devices, Popular, Privacy Concerns, Public Records

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Private Company Tax Planning Opportunities for 2018

The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) and the recent taxpayer victory in the U.S. Tax Court’s Lender Management, LLC decision have created important planning opportunities for both our closely held and…more

Alternative Minimum Tax, Bonus Depreciation, Business Taxes, C-Corporation, Compensation & Benefits

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The New COPPA Rule Takes Effect Today — Are You Ready?

In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13…more

COPPA, Data Protection, Federal Trade Commission (FTC), Parental Consent, Personally Identifiable Information

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New Rules Regarding Repayment of Candidate Loans

Last month, a three-judge federal district court struck down as unconstitutional a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), which limited the amount of money a candidate’s authorized committee could raise…more

Federal Election Commission (FEC), Loans, New Rules, Political Contributions, SCOTUS

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CFPB Issues Proposed Open Banking Rule

The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement…more

Banking Sector, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), EFTA, Fair Credit Reporting Act (FCRA)

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Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy Production

President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and…more

Bureau of Land Management, Clean Power Plan, Climate Change, Coal, Energy Policy

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Welcome News: Chicago Amends Paid Leave Ordinance

In welcome news for employers, the Chicago City Council passed an amendment (the Amendment) to the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the Ordinance), which will delay implementation of paid leave…more

Collective Bargaining, Earned Sick and Safe Time Act, Employee Benefits, Employer Liability Issues, Labor Regulations

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Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the…more

Adverse Employment Action, Age Discrimination, Civil Rights Act, Discrimination, Employer Liability Issues

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Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create Standing

In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing. Spokeo, Inc. v. Robins, 578 U.S. __, No. 13-1339 (May 16, 2016). Instead, the…more

Article III, Class Action, Fair Credit Reporting Act (FCRA), Injury-in-Fact, SCOTUS

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Is Your Company's Mobile App Violating CalOPPA?

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices. According to the complaint, the "Fly Delta"…more

Compliance, Delta Airlines, Kamala Harris, Mobile Apps, Online Privacy Protection Act

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U.S. Agencies Step Up Insider Trading Enforcement Against Foreign Nationals, Particularly Chinese Traders

Investigations and enforcement actions by the U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) targeting potential illegal insider trading by foreign nationals, particularly by those in China,…more

Brokerage Accounts, Burden of Proof, China, Department of Justice (DOJ), Enforcement Actions

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USCIS Releases New Policy Memorandum For EB-5 Program

Following numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications…more

EB-5, Investors, Memorandum of Guidance, NAICS, New Regulations

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FERC Approves License Surrender for the Lower Klamath Project

The Federal Energy Regulatory Commission issued an order on November 17, 2022, approving the surrender of the FERC license for the Lower Klamath Project. This order authorizes the decommissioning and removal of four…more

Clean Water Act, Dams, Energy Projects, Energy Sector, FERC

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Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees. The Sixth District Court of Appeal held that the City…more

Appeals, California, Commercial Real Estate Market, Fees, Mitigation

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Location Exception to CEQA’s Categorical Exemptions Applies Only to Designated Environmental Resources Affected by The Project

The location exception to CEQA’s categorical exemptions does not apply to earthquake and landslide hazard zones, as they are not “environmental resources” that would be affected by a project. Berkeley Hills Watershed Coalition…more

CEQA, Earthquakes, Environmental Policies, Environmental Review, Natural Resources

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Get Ready for the New York LLC Transparency Act

On March 1, 2024, New York Governor Kathy Hochul signed an amended version of the New York LLC Transparency Act (NYLTA), which was originally signed with provisions for amendments in December 2023. The NYLTA will go into effect…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Requirements, Legislative Agendas

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Labor Law Today—2020 Year in Review

No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives…more

Absentee Voting, Biden Administration, Board of Directors, Congressional Oversight, Coronavirus/COVID-19

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New Risk-Based Security Requirements for Federally Funded Research at US Institutions of Higher Education

International cooperation and welcoming foreign academics are critical to the success and leadership of U.S. institutions of higher education. These interactions enhance fundamental scientific research and promote the American…more

Department of Defense (DOD), Disclosure Requirements, Educational Institutions, Foreign Governments, National Security

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Increase in Unemployment Claims Brings Heightened Risk of Fraud: How Employers and Employees Should Respond

As new unemployment claims rise, impostors seek to scam the unemployment system at the cost of the state, employees, and employers. Here’s how to respond to, and lower the risk of, fraudulent unemployment claims. Spike in…more

Coronavirus/COVID-19, Employees, Fraud, Layoffs, Unemployment

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The SEC Speaks in 2022: Five Key Takeaways

At the Practicing Law Institute’s annual SEC Speaks conference, U.S. Securities and Exchange Commission (SEC) leadership highlighted the agency’s current enforcement priorities and previewed its agenda for the year to come..…more

Cryptoassets, Cybersecurity, Disclosure Requirements, Enforcement, Environmental Social & Governance (ESG)

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Tacoma’s New Minimum Wage and Paid Leave Laws Now in Effect

As of February 1, 2016, employers with employees who work in Tacoma must comply with two new legal requirements. First, employers must pay employees who work in Tacoma a minimum wage of $10.35 per hour, rather than the state…more

Employee Benefits, Minimum Wage, New Legislation, Paid Leave, Wage and Hour

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Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New Year

It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the Washington…more

Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Coronavirus/COVID-19, Data Collection

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State AGs Call for Congressional Action on Copycat THC Edibles

More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular products..…more

Counterfeiting, Enforcement, Food and Drug Administration (FDA), Marijuana-Infused Edibles, State Attorneys General

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DOT Shifts Into Gear on Self-Driving Cars and Issues New Automated Vehicles Policy

The National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars. Part of the U.S. Department of Transportation, NHTSA is the federal…more

Auto Insurance, Automotive Industry, Comment Period, Connected Cars, Covered Entities

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Healthcare Industry Implications of the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act, known as the “CARES Act,” became law on March 27, 2020. The CARES Act implements wide-ranging changes to law and funding designed to ameliorate the coronavirus pandemic’s…more

CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Medicaid

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Supreme Court Rules on Constitutionality of California’s Charity Donor Disclosure Requirement

On Thursday, July 1, the U.S. Supreme Court issued its long-awaited ruling on California’s charity donor disclosure requirement, finding the requirement to be facially invalid because it burdened donors’ First Amendment rights…more

Certiorari, Constitutional Challenges, Disclosure Requirements, Donors, Political Contributions

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DOJ Formally Ends Use of Supplemental Environmental Projects in Settlements

Companies should be aware that Supplemental Environmental Projects (SEPs)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no longer…more

Coronavirus/COVID-19, Environmental Protection Agency (EPA), Environmental Violations, Settlement, Supplemental Environmental Project (SEP) Policy

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FDA: Grease-Proofing Substances Containing PFAS No Longer Being Sold

On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use in…more

Chemicals, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, PFAS

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FCC Reduces Regulatory Barriers to 5G Wireless Deployment

The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented…more

5G Network, Cell Towers, Deregulation, Environmental Assessments, FCC

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FTC Announces 2022 Changes to HSR and Clayton Act Thresholds

The Federal Trade Commission (FTC) recently announced that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will be increased…more

Acquisitions, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and…more

Air Quality Standards, Bureau of Land Management, Carbon Emissions, Clean Power Plan, Clean Water Act

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Final Clawback Rules Adopted by the SEC

On October 26, 2022, the U.S. Securities and Exchange Commission (SEC) adopted final rules implementing Section 954 of the Dodd‑Frank Act. The final rules were published in the Federal Register on November 28, 2022..…more

Clawbacks, Corporate Counsel, Corporate Governance, Department of Justice (DOJ), Disclosure Requirements

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California Supreme Court Decision Signals Victory For Online Retailers

The California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in…more

Apple, Credit Cards, E-Commerce, Internet Retailers, Personally Identifiable Information

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Federal Election Commission Clarifies Permissible Uses of Campaign Finance Data

This week the Federal Election Commission (FEC or the Commission) issued Advisory Opinion 2021-05 (Tally Up), telling a campaign vendor that it may not integrate federal campaign finance data into software that scores groups of…more

Advisory Opinions, Campaign Finance Reform, Federal Election Commission (FEC), Political Candidates, Political Contributions

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Resources on Crypto-Tokens and Securities Law

The following resources take a deep dive into the issues surrounding crypto-tokens and securities law and recognize that, when properly designed, some tokens may not meet the Howey test..…more

Bitcoin, Blockchain, Corporate Counsel, Cryptocurrency, Investment Funds

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SECURE Act Presents Planning Challenges and Opportunities for Retirement Accounts

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) was signed into U.S. law on December 20, 2019. The SECURE Act makes significant changes to the administration of IRAs and other tax-deferred…more

Beneficiaries, Beneficiary Designations, Charitable Remainder Trust, Estate Planning, Individual Retirement Account (IRA)

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Chancery Court Applies Onerous Entire Fairness Standard in First SPAC-Related Decision

In one of the first decisions to analyze fiduciary duty claims in the context of a special purpose acquisition company (SPAC) merger, the Delaware Chancery Court recently sustained the legal viability of a putative shareholder…more

Disclosure Requirements, Duty of Loyalty, Fairness Standard, Fiduciary Duty, Mergers

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U.S. Supreme Court Confirms State Courts Can Resolve Covered 1933 Act Class Actions

On Tuesday, a unanimous U.S. Supreme Court held that state courts have jurisdiction to hear “covered” class-action claims under the Securities Act of 1933 (1993 Act), and that defendants may not remove such claims to federal…more

Class Action, Cyan Inc v Beaver Cty Emps Ret Fund, Jurisdiction, PSLRA, Removal

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Annual Investment Update: Economic Review & Outlook - December 31, 2013

Welcome 2014! We want to thank you for continuing to support the investment strategies we have in place to protect your wealth. The total return in the S&P Index in 2013 of 32.4% now has the index up an astounding 173% since the…more

Economic Development, Federal Reserve, Rating Agencies, S&P

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Four Weeks Remain to Comment on Unmanned Aircraft Systems Rules

The Federal Aviation Administration (FAA) and U.S. Department of Transportation (DOT) jointly published a December 31, 2019, notice of proposed rulemaking for the remote identification (remote ID) of unmanned aircraft systems…more

Airspace, Data Privacy, Department of Transportation (DOT), Drones, Federal Aviation Administration (FAA)

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New Defend Trade Secrets Act Creates Powerful Protection Options

The United States House of Representatives passed the Defend Trade Secrets Act, S. 1890 (DTSA) on April 27, 2016, in identical form to that previously passed by the Senate on April 4, 2016. Now that the DTSA has cleared…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Misappropriation

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District of Arizona Evaluates Restrictive Covenants

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation…more

Arizona, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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SEC Proposes Rules to Implement Dodd-Frank Act Executive Compensation Clawback

The Securities and Exchange Commission (SEC) recently proposed another long-awaited set of rules to implement the clawback policy required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). …more

Clawbacks, Disclosure Requirements, Dodd-Frank, Emerging Growth Companies, Federal Register

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Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create Standing

In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing. Spokeo, Inc. v. Robins, 578 U.S. __, No. 13-1339 (May 16, 2016). Instead, the…more

Article III, Class Action, Fair Credit Reporting Act (FCRA), Injury-in-Fact, SCOTUS

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Office of Management and Budget Issues New Requirements for Federal Agencies’ Use of AI

The Office of Management and Budget (OMB), part of the Executive Office of the President, recently issued a memorandum (the Memorandum) containing requirements and recommendations for executive agencies regarding those agencies’…more

Artificial Intelligence, Biden Administration, Executive Orders, Governance Standards, Innovation

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Expansion of Hospital Tort Liability in Washington

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and…more

Healthcare, Hospitals, Indemnification Clauses, Independent Contractors, Insurance Industry

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EPA Sets End Date for Temporary COVID-19 Environmental Enforcement Policy

Across the country, the COVID-19 pandemic has profoundly affected the ability of businesses to fulfill their environmental compliance obligations. The pandemic has led to worker shortages, the temporary closure of laboratories…more

Coronavirus/COVID-19, Deadlines, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the…more

Administrative Agencies, Administrative Law Judge (ALJ), Appeals, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB)

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Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan Scrutiny

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings…more

Constitutional Challenges, Dolan v City of Tigard, George Sheetz v County of El Dorado, Impact Fees, Land Developers

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Don’t Let The Grinch Steal Your Holiday Season: Preserving Your Right To Rebuild Your Business After A Disaster

The one-year anniversary of 2012’s Hurricane Sandy has just passed, which is a fitting occasion to think about how or if your business could be rebuilt after suffering complete or near destruction. Hurricane Sandy, which…more

Hurricane Sandy, Natural Disasters, Property Damage

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Offer Wi-Fi or Internet Service to Customers? These Are Your New Legal Obligations

It would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give much…more

CALEA, Corporate Counsel, Criminal Investigations, Cruise Ships, Electronically Stored Information

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The Beaver State Joins Growing List of States To Pass Comprehensive Consumer Privacy Law: The Oregon Consumer Privacy Act

Governor Tina Kotek signed the Oregon Consumer Privacy Act (OCPA or the Act) into law on July 18, 2023. The OCPA goes into effect on July 1, 2024. Oregon follows 11 other states that have enacted consumer privacy protections,…more

Consumers, Data Collection, Data Privacy, Data Protection, Data Protection Acts

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Treasury Releases First Installment of Long-Awaited Guidance on Donor-Advised Funds

Over the past several years, the U.S. Department of the Treasury has been preparing guidance concerning donor-advised funds (DAFs), which are accounts owned and controlled by public charities over which individual or corporate…more

Distribution Rules, Donor-Advised Funds (DAFs), Donors, Estate Planning, Internal Revenue Code (IRC)

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Expect Significant Investments in Water Infrastructure

Earlier this month, a report from the American Society of Civil Engineers gave America’s infrastructure an overall grade of C-. The nation’s water infrastructure fell below that average with a C- for drinking water…more

Biden Administration, Drinking Water, Infrastructure, Investment, Wastewater

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FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines…more

Administrative Procedure Act, Agency Deference, Appeals, Certificate of Public Convenience and Necessity, Environmental Impact Report (EIR)

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Belated Government Dismissal of False Claims Act Cases: DOJ Maneuvering in Post-Escobar and Granston Memo Era

The solicitor general filed an amicus brief in the U.S. Supreme Court last month supporting the relators’ opposition to certiorari in Gilead Sciences, Inc. v. United States ex rel. Campie, et al., No. 17-936. Yet the…more

Amicus Briefs, Department of Justice (DOJ), Discovery, False Claims Act (FCA), Food and Drug Administration (FDA)

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DOJ Issues New Guidance on Use of Personal Devices and Third-Party Messaging Applications

The U.S. Department of Justice (DOJ) announced significant new guidance on March 3, 2023, regarding the use of personal devices and the retention of corporate communications. The DOJ’s concern regarding the use of personal…more

Corporate Communications, Department of Justice (DOJ), Enforcement Actions, Instant Messaging Apps, Investigations

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and…more

Biometric Information Privacy Act, Employment Discrimination, Enforcement, Genetic Materials, Genetic Testing

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Food Litigation Newsletter

RECENT SIGNIFICANT FILINGS - Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ - Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. Cal.): In this putative class action alleging violations of…more

Class Action, False Advertising, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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Blockchain Week in Review - August 2021

U.S. Developments - 1. Unamended Infrastructure Bill with “Broker” Reporting Requirements Set for Vote in September - The U.S. House of Representatives locked in a date of September 27, 2021, for the vote on a $1 trillion…more

Bitcoin, Blockchain, Broker-Dealer, CFTC, China

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Governor Signs Into Law Amendments to Washington’s Uniform Money Services Act

On April 18 the governor of Washington signed into law amendments proposed by the Washington Department of Financial Institutions (“DFI”) in December of last year, to the state’s Uniform Money Services Act, including provisions…more

Amended Regulation, Banks, Digital Currency, Financial Institutions, Financial Services Industry

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Insurance Coverage for Businesses Affected by Hurricane Odile

Reports are coming in from Baja California about substantial damages from Hurricane Odile. As of September 15, 2014, the airport in Cabo San Lucas is closed, as are roads up and down the Baja peninsula. While there is no way to…more

Additional Insured, Business Interruption, Property Damage, Property Insurance, Scope of Coverage

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Updated Language to Federal Rule of Evidence 702: What Litigators Should Know

Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways…more

Evidence, Expert Testimony, Expert Witness, Federal Rules of Evidence, Rule of Evidence 702

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FCC Seeks to Spark Space Innovation

Earlier this month, the Federal Communications Commission (FCC) released a Notice of Inquiry (NOI) directed at advancing the space economy by examining in-space servicing, assembly, and manufacturing (ISAM) activities. The FCC’s…more

Comment Period, Department of Defense (DOD), FCC, NIST, Notice of Inquiry

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33rd Annual Land Use & Development Law Briefing - 2023

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court of…more

California, CEQA, Environmental Protection Agency (EPA), Environmental Review, Fully Protected Species

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Is the New Idaho Benefit Corporation Act Right for Your Company?

Idaho recently joined the ranks of the District of Columbia and 26 other states that have passed benefit corporation legislation. The Idaho Benefit Corporation Act, S.B. 1076, becomes effective July 1, 2015, and provides new…more

Benefit Corporations, Business Formation, Choice of Entity, Public Benefits

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FERC Meeting Agenda Summaries for April 2024

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on April 25th, at 10:00 a.m. ET. The summaries below are based on publicly available…more

Administrative Hearings, Electricity, Energy Sector, FERC, Hydropower

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Municipal Water Rates are Protected from Referendum Challenges

The California Supreme Court ruled that water rates and other local utility charges are considered “taxes” for the purpose of California Constitution Article II, Section 9 and therefore exempt from the referendum process. Wilde…more

Appeals, CA Supreme Court, Local Ordinance, Municipalities, Referendums

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If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act Permit

On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and…more

Bald and Golden Eagle Protection Act, Endangered Species, Endangered Species Act (ESA), Energy Sector, Incidental Take Permits

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Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

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Valentine’s Day Marks Compliance Deadline for California Noncompete Notification Requirement

For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section 16600…more

California, Deadlines, Employees, Employer Liability Issues, Employment Litigation

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"Color" Is the New "Black and White" for EU Trademarks

Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new rule,…more

Color Marks, EU, Logos, Trademarks

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Valentine’s Day Marks Compliance Deadline for California Noncompete Notification Requirement

For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section 16600…more

California, Deadlines, Employees, Employer Liability Issues, Employment Litigation

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No Game Changer for Fantasy Sports in Washington

Based on their interpretation of Washington state gambling laws, many fantasy sports game operators do not allow players from Washington to participate in pay-to-play fantasy sports games. Game operators and players alike were…more

Fantasy Sports, Gambling, Proposed Legislation

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California Issues New Regulations on Notification Obligations for Medical Information Breaches

Certain California-licensed healthcare facilities are now subject to additional breach reporting obligations pursuant to regulations (Regulations)[1] issued by the California Department of Public Health (Department) on July 1,…more

Breach Notification Rule, California, Data Breach, Health Information Technologies, Health Insurance Portability and Accountability Act (HIPAA)

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Significant Change in Award of Attorneys’ Fees in Idaho Coming in 2017

On March 1, 2017, the standard for awarding attorneys’ fees in civil actions under Idaho Code § 12-121 will change significantly to allow attorneys’ fees in all civil actions “when justice so requires.” Hoffer v. Shappard, 2016…more

Attorney's Fees, Prevailing Party

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Takeaways From TRANSACT: Payments Industry Legal and Regulatory Trends

Earlier this month, the Electronic Transactions Association (ETA) hosted its annual TRANSACT conference to connect and educate the various branches of the payments industry. Industry leaders spoke on technology, security,…more

Arbitration, Citibank, Consumer Financial Protection Bureau (CFPB), CSBS, Dodd-Frank

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“See Something, Say Something”: Prompt Reporting of Criminal Antitrust Violations Is Critical

When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one factor…more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Code of Conduct, Competition

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USPTO Launches Updated Version Of Its After Final Consideration Pilot Program

The U.S. Patent and Trademark Office (USPTO) has launched an updated version of its After Final Consideration Pilot Program (AFCP 2.0)…more

AFCP, Patent Applications, Patent Examinations, Patents, USPTO

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Defend Trade Secrets Act Contains New Immunity Notification Requirements for Employers

The new Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016, creates a new private civil cause of action in federal court for trade secret misappropriation. Prior to the DTSA, trade secret…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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FTC Signals Tough Line in First AI Discrimination Case Under Section 5

The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According to…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consent Order, Data Privacy

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Making Sustainability a Stakeholder

Consumers increasingly are aware of, and make value assessments and purchase decisions based on, the environmental and social impact of brands. Brands, in turn, are evaluating and embarking on sustainability programs. Before…more

B Corporation, Corporate Governance, Fiduciary Duty, For-Profit Corporations, Shareholders

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USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S…more

America Invents Act, Inventions, Patent Reform, Patent Trial and Appeal Board, Patents

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Get Ready for the New York LLC Transparency Act

On March 1, 2024, New York Governor Kathy Hochul signed an amended version of the New York LLC Transparency Act (NYLTA), which was originally signed with provisions for amendments in December 2023. The NYLTA will go into effect…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Requirements, Legislative Agendas

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Tax Relief and Estate Planning Strategies in the Wake of COVID-19

IRS Grants Automatic Extension of Federal Tax Returns - Between March 17 and April 9, 2020, the U.S. Department of the Treasury and the Internal Revenue Service issued a series of notices automatically extending to July 15 the…more

Annual Filings, Coronavirus/COVID-19, Federal Taxes, Filing Deadlines, Income Taxes

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Washington Capital Gains Tax: More Questions, Tentative Answers

Nearly two years after being enacted by the state legislature, and one year after being struck down by a lower court, the Washington state capital gains tax has been reinstated as constitutional, and the first returns and…more

Capital Gains, Capital Gains Tax, Income Taxes, State Constitutions, State Taxes

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Crowdfunding Leaps Closer To Becoming A Reality

The Securities and Exchange Commission (SEC) took a giant step in fulfilling its rulemaking obligation under the 2012 Jumpstart Our Business Startups (JOBS) Act last week when it released proposed Regulation Crowdfunding. …more

Crowdfunding, JOBS Act, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from indirect…more

Administrative Procedure Act, Arbitrary and Capricious, Cap-and-Trade, Carbon Emissions, Clean Air Act

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XR Report - Rise of WEB3 Technologies to Accelerate XR

When we published our first XR survey report in 2016, major media outlets were still skeptical about whether XR, or Extended Reality, would live up to the hype, and industry respondents cited a lack of compelling content, user…more

Investment, Investors, Next Generation, Online Platforms, Technology Sector

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Compliance Is King: DOJ Announces Policy to Incentivize Corporate Antitrust Compliance Programs

The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. In remarks made at the New York University…more

Antitrust Violations, Chief Compliance Officers, Compliance, Criminal Antitrust Litigation, Department of Justice (DOJ)

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Supreme Court Reinstates Injunction Against Texas Social Media Law

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar…more

Appeals, Injunctions, Online Platforms, Private Right of Action, SCOTUS

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Pop-Up for the Holidays

With the holidays just around the corner, many retailers are focused on how to best engage shoppers. Pop-ups are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. While…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Real Estate Market, Hiring & Firing, Holidays

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DOJ’s New National Cryptocurrency Enforcement Team Portends Wave of Criminal Scrutiny

On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) is stepping further into the cryptocurrency fray by creating the National Cryptocurrency Enforcement Team (NCET)…more

Biden Administration, Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets

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Governor Newsom Proposes CEQA Reform

Governor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to…more

Bridges, CEQA, CEQA Reform, Executive Orders, Governor Newsom

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Risks Of Tribute Advertisements Are Focus Of Seventh Circuit Decision

Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again…more

Advertising, Celebrities, First Amendment, Right of Publicity

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Treasury Releases First Installment of Long-Awaited Guidance on Donor-Advised Funds

Over the past several years, the U.S. Department of the Treasury has been preparing guidance concerning donor-advised funds (DAFs), which are accounts owned and controlled by public charities over which individual or corporate…more

Distribution Rules, Donor-Advised Funds (DAFs), Donors, Estate Planning, Internal Revenue Code (IRC)

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Blockchain Week in Review - June 2020 #2

US Regulatory Developments - New York’s Financial Services Regulator Announces New Virtual Currency Initiatives - It has been five years since the New York Department of Financial Services (the NYDFS) issued the “BitLicense”…more

AML/CFT, Bitcoin, BitLicense, Blockchain, FATF

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FAA Details Unmanned Aircraft Systems (UAS) Integration Pilot Program

The Federal Aviation Administration (FAA) published a notice on the Unmanned Aircraft Systems (UAS) Integration Pilot Program on November 8, 2017. Here is an overview of the program..…more

Airspace, Competition, Department of Transportation (DOT), Federal Aviation Administration (FAA), Federal Pilot Programs

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FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or…more

Cannabis Products, Clinical Trials, Controlled Substances Act, DEA, Farm Bill

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Omnicare: Good and Bad News for Security Issuers Offering Statements of Opinion

Securities issuers breathed a collective sigh of relief last week when the U.S. Supreme Court ruled in Omnicare Inc. et al. v. Laborers District Council Construction Industry Pension Fund et al. that Section 11 of the Securities…more

Material Misstatements, Omnicare, Omnicare v Laborers District Council, Personal Liability, Registration Statement

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Treasury Releases First Installment of Long-Awaited Guidance on Donor-Advised Funds

Over the past several years, the U.S. Department of the Treasury has been preparing guidance concerning donor-advised funds (DAFs), which are accounts owned and controlled by public charities over which individual or corporate…more

Distribution Rules, Donor-Advised Funds (DAFs), Donors, Estate Planning, Internal Revenue Code (IRC)

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Comparison of Short-Term Cash Management Alternatives

In response to recent client questions regarding the various considerations and options for holding short-term funds, we have prepared a reference chart comparing certain key characteristics of demand deposits with government…more

Banking Sector, Consumer Lenders, Deposit Advances, Deposit Insurance, Distressed Debt

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China Releases New Regulations on the Protection of Critical Information Infrastructure

On August 17, 2021, China released the new regulations on the Security and Protection of Critical Information Infrastructure (CII Regulations), which became effective on September 1, 2021. Even though China started its…more

China, CII, Corporate Counsel, Critical Infrastructure Sectors, Cybersecurity

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COVID-19 Exclusions in Representation and Warranty Insurance Policies for M&A Transactions

In response to the rapidly changing and unpredictable business environment resulting from the novel coronavirus (COVID-19) outbreak, underwriters of representation and warranty insurance (RWI) policies are introducing broad…more

Business Interruption, Coronavirus/COVID-19, Exclusions, Insurance Industry, Representations and Warranties

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District Court Remands Offshore Wind Project For Failure To Comply With Endangered Species Act

In a decision that has been nearly thirteen years in the making, on March 14, 2014, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service and U.S. National Marine Fisheries Service…more

Endangered Species Act (ESA), Offshore Wind, Wind Power

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Europe Seeks to Tame Artificial Intelligence with the World’s First Comprehensive Regulation

In what could be a harbinger of the future regulation of artificial intelligence (AI) in the United States, the European Commission published its recent proposal for regulation of AI systems. The proposal is part of the European…more

Artificial Intelligence, Corporate Counsel, Data Privacy, Disclosure, EU

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COVID-19 Related State Reopening Executive Orders & Guidance Tracker - Update

Each state’s guidance is rapidly updated and changing, and each state’s orders and respective reopening guidance should be reviewed to determine any exceptions, restrictions, or other intricacies around the reopening of any…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Extensions, Legislative Agendas

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Extended Producer Responsibility Packaging Laws in the United States

Extended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. EPR laws are found worldwide, particularly in Europe and Canada, but are becoming more prevalent at the state level…more

Compliance, Consumer Product Companies, Product Packaging, Proposed Legislation, Retail

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How New Discrimination Ordinances in Anchorage and Bethel May Affect Your Business

Anchorage became the first Alaska town to pass a civil rights ordinance that extends protections to gay, lesbian, transgender and bisexual people in housing, employment and public accommodations. The new ordinance, passed in…more

Anti-Discrimination Policies, Compliance, Gender Discrimination, LGBTQ, Sexual Orientation Discrimination

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ASBCA Questions Consideration of Materiality in Certain Cost Accounting Change Cases

The Armed Services Board of Contract Appeals (ASBCA or the Board) recently released a decision addressing the final issue of materiality in the long saga of the Raytheon accounting change case. ASBCA No. 58068, August 9, 2016. …more

Accounting, Armed Services Board of Contract Appeals, DCMA, Defense Contracts, Defense Sector

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Financial Reform Act: SEC Proposes CEO Pay Ratio Disclosure Rules

Recently, the SEC, by a vote of 3 to 2, proposed long-delayed and controversial rules to implement the “CEO pay ratio” disclosure mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules,…more

CEOs, Disclosure Requirements, Pay Ratio, Securities and Exchange Commission (SEC), Wages

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FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

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FinCEN Is Watching ICOs for BSA Violations

In a recently published letter to the Senate Finance Committee, FinCEN confirmed that when an ICO token is a “convertible virtual currency,” administrators or exchangers of the token would be “money transmitters” under existing…more

Anti-Money Laundering, Bank Secrecy Act, Cryptocurrency, Financial Institutions, FinCEN

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Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent…more

Appeals, Constitutional Challenges, Damage Caps, Emotional Injury Claims, Loss of Consortium

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IRS to Target High Net Worth Individuals, Private Foundations, and Associated Entities Beginning in July 2020

The Internal Revenue Service (IRS) intends to audit hundreds of high net worth individuals and their related entities starting this month. The campaign, announced at a conference by a top IRS division commissioner, will include…more

Audits, C-Corporation, Foreign Assets, Gifts, High Net-Worth

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Don’t Let Liability Exposure Be The Grinch That Ruins Your Holiday Season

With the holiday season quickly approaching, it’s a particularly good time to check your internal procedures. As you are certainly aware, a disappointed customer, or worse, an injured user, can assert claims against…more

Compliance, Consumer Product Safety Commission (CPSC), Employer Liability Issues, Reporting Requirements, Workplace Injury

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Expansion of Hospital Tort Liability in Washington

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and…more

Healthcare, Hospitals, Indemnification Clauses, Independent Contractors, Insurance Industry

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PIPE Transactions: Key Considerations for Issuers and Investors

During uncertain times, public companies may find themselves in need of additional capital, but a traditional follow-on underwritten public offering may be out of reach or considered too risky. Alternative ways to access the…more

20% Rule, Anti-Dilution Terms, Board of Directors, Business Judgment Rule, Documentation

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Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a…more

Acquisitions, American Bar Association (ABA), Antitrust Division, Discovery, Divestiture

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Brand Sustainability: Practical Considerations for Creating IP Enforcement Programs

This summer, we have provided information on supply chain and forced labor risks, proper substantiation of green advertising claims, alternative corporate forms to promote sustainability efforts, understanding a public company’s…more

Advertising, Brand, Counterfeiting, Enforcement, Forced Labor

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IPR>>IRL - A brief guide to the essentials of inter partes reviews in real life. Post-Grant Patent Law Practice

In 2011, Congress passed the America Invents Act, which replaced the inter partes reexamination process with inter partes review (IPR). The IPR procedure was intended to streamline disputes by, among other things, shortening the…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Ownership, Patent Trial and Appeal Board

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Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain Enforcement

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the…more

Anti-Dumping Duty, China, Compliance, Deferred Prosecution Agreements, Department of Justice (DOJ)

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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IRS Publishes Proposed Regulations Applicable to Three-Year Carried Interest Holding Period Requirement

08.05.2020 | Updates On Friday, July 31, 2020, the Internal Revenue Service (IRS) issued proposed regulations under Section 1061 of the Internal Revenue Code. Enacted as part of the 2017 Tax Cuts and Jobs Act, Section 1061…more

Holding Periods, IRS, New Guidance, Proposed Regulation, Tax Cuts and Jobs Act

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Use of Generative AI in Litigation Requires Care and Oversight

In what may be the beginning of a trend, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas recently issued a new mandatory rule regarding the use of artificial intelligence (AI) in legal…more

Artificial Intelligence, Litigation Strategies, Machine Learning, Popular, Regulatory Oversight

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DOJ Refines Guidance on Effective Corporate Compliance

The U.S. Department of Justice on June 1, 2020, released another update to its “Evaluation of Corporate Compliance Programs” (the 2020 Update). This update revises guidance that the DOJ initially published in February 2017 and…more

Compliance, Department of Justice (DOJ), Guidance Update, Securities and Exchange Commission (SEC), Whistleblower Awards

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IRS Issues Proposed Regulations Relating to Digital Asset Transactions

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) recently released proposed regulations (REG-122793-19) pertaining to information reporting and backup withholding, as well as basis and amount…more

Blockchain, Brokers, Digital Assets, IRS, Proposed Regulation

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District of Arizona Evaluates Restrictive Covenants

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation…more

Arizona, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust Regulations

Alaskans should prepare for major changes to the unique legal framework governing tribal lands in Alaska. In mid-November, the U.S. Department of the Interior (DOI) announced that it can acquire lands in trust for Alaska’s 231…more

Alaska, Alaska Native Claims Settlement Act (ANCSA), Biden Administration, Department of the Interior, Indian Tribal Trusts

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District of Arizona Evaluates Restrictive Covenants

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation…more

Arizona, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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With Specific Focus on Crypto, SEC Revisits Proposed “Exchange” Definition Changes

The U.S. Securities and Exchange Commission (the SEC or the Commission) voted on Friday, April 14, 2023, to reopen the comment period for previously proposed amendments to Rule 3b-16 under the Exchange Act of 1934 (the Exchange…more

Broker-Dealer, Comment Period, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

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Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S…more

Clean Water Act, Clean Water Rule, Deregulation, Environmental Protection Agency (EPA), Executive Orders

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Coevolution: Reimagining Mergers and Acquisitions, Partnerships, and Engagements in the Financial Industry

As the COVID-19 pandemic has raged on, financial institutions and banks have withstood its effects and are digitally transforming out of necessity. Many fintech companies, with technology at their core, are seeing double-digit…more

Acquisitions, Banks, Collaboration, Coronavirus/COVID-19, Financial Services Industry

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CCPA Enforcement Surprise: Regulations Effective Immediately

On Friday, February 9, as the country collectively packed up and prepared to head home for Super Bowl weekend, the Third Appellate District of the California Appellate Court issued an Order granting the California Privacy…more

California, California Consumer Privacy Act (CCPA), Data Privacy, Data Security, Enforcement Actions

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CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Digital Marketplace, Federal Trade Commission (FTC), Financial Services Industry

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DOJ Issues New Guidance on Use of Personal Devices and Third-Party Messaging Applications

The U.S. Department of Justice (DOJ) announced significant new guidance on March 3, 2023, regarding the use of personal devices and the retention of corporate communications. The DOJ’s concern regarding the use of personal…more

Corporate Communications, Department of Justice (DOJ), Enforcement Actions, Instant Messaging Apps, Investigations

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New My Health, My Data Act Part 1: Washington State Joins the Biometric Litigation Fray

Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for…more

Biometric Information, Biometric Information Privacy Act, Data Privacy, Data Protection, Data Protection Acts

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Conflicted Transactions: Cleansing Process Only Effective if Procedures Are Rigorously Followed

In today’s difficult economic environment, many companies—including those in the portfolios of private equity and venture capital funds—are struggling financially. For some, a transaction in which a private equity sponsor or a…more

Investors, Nasdaq, Private Equity, Shareholders

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White House Adopts Blueprint for an AI Bill of Rights

The Office of Science and Technology Policy (OSTP), a part of the Executive Office of the President, recently published a white paper titled “The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American…more

Algorithms, Artificial Intelligence, Automation Systems, Data Collection, Data Privacy

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New Jersey To Regulate Automatically Renewing Subscription Services

New laws regulating certain providers of automatically renewing subscription services were passed this year in Idaho, Tennessee, Virginia, and, most recently, New Jersey. These laws are the most recent additions to a growing…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, E-Commerce

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$18 Million Fine Levied for Campaign Finance Violation in Washington State

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance…more

Agricultural Land, Ballot Measures, Campaign Finance Reform, Corporate Counsel, Farms

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Tenth Circuit Holds “Made in USA” Challenge Is Preempted

Last week, a split-panel of the Tenth Circuit affirmed the district court’s dismissal of a false advertising case in which plaintiffs alleged that “Product of the U.S.A.” labels on various beef products were misleading because…more

Dismissals, False Advertising, Federal Meat Inspection Act (FMIA), Food Labeling, Made in the USA

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First Impressions: New Strategies in the New Era of Patent Exhaustion After Impression Products v. Lexmark International

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in that…more

Breach of Contract, Exports, First Sale Doctrine, Foreign Sales, Imports

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New Year’s Resolutions for Successful Brand Partnerships in 2023

As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products…more

Advertising, Brand, Celebrity Endorsements, Consumer Product Companies, Endorsements

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The Race to a Clean Electricity Future in Washington State Begins With WUTC and Commerce Rules

In May of 2019, the Clean Energy Transformation Act (CETA) became law in Washington state and set bold decarbonization and renewable energy mandates for electric utilities. Under CETA, electric utilities in Washington must…more

CETA, Clean Energy, Compliance, Electricity, Enforcement

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California Seeks To Expedite Wage Claim Adjudication: Audit Scheduled

As California Governor Gavin Newsom’s administration seeks to finalize the 2023-24 Governor’s Budget, the California Joint Legislative Audit Committee (the Committee) has moved to audit the persistent backlog of wage theft cases…more

Audits, California Consumer Privacy Act (CCPA), Labor Standards Enforcement, Wage Theft, Wages

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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DOJ Fraud Official Offers An Insider’s View Of The FCPA Resource Guide

Charles Duross, deputy chief of the Department of Justice’s (DOJ) Criminal Division, Fraud Section, offered white collar crime practitioners rare insight into the DOJ’s and the Security and Exchange Commission’s (SEC) recently…more

Declination, Department of Justice (DOJ), FCPA Resource Guide, Foreign Corrupt Practices Act (FCPA), Morgan Stanley

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California Enacts Toughest Equal Pay Law in the Country

Governor Jerry Brown signed the California Fair Pay Act (Fair Pay Act or the Act) last week. The law, which has been described as the toughest equal pay law in the country, strengthens protections that have been in place since…more

Anti-Retaliation Provisions, Discrimination, Employment Discrimination, Equal Pay, Fair Pay Act

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State Antitrust Lawsuit Challenges NCAA Recruitment Rules

In January of this year, the attorneys general of Tennessee and Virginia filed a federal antitrust lawsuit against the National Collegiate Athletics Association (NCAA). The lawsuit seeks to prevent the NCAA from enforcing…more

Antitrust Litigation, College Athletes, Compensation, Competition, Department of Justice (DOJ)

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Washington Open Public Meetings Act, Public Records Act Requirements Temporarily Waived and Suspended in Response to COVID-19

Washington public meeting and public records laws contemplate that members of the public can be physically present at the meeting location or the agency office. During this time of social distancing, however, those requirements…more

Coronavirus/COVID-19, Notice Requirements, Operators of Essential Services, Policies and Procedures, Public Hearing

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2020 California Labor & Employment Legislative Roundup

California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including…more

Arbitrators, California Family Rights Act (CFRA), Coronavirus/COVID-19, Executive Orders, Governor Newsom

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New Space Investments and Acquisitions Take Off

This article is the first of a series by the Perkins Coie New Space industry group on developments in the "new space" industry. Responsible for lowering the cost to access space, the "new space" industry has been developing…more

Acquisitions, Capital Markets, Corporate Governance, Emerging Growth Companies, Investment

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Coevolution: Reimagining Mergers and Acquisitions, Partnerships, and Engagements in the Financial Industry

As the COVID-19 pandemic has raged on, financial institutions and banks have withstood its effects and are digitally transforming out of necessity. Many fintech companies, with technology at their core, are seeing double-digit…more

Acquisitions, Banks, Collaboration, Coronavirus/COVID-19, Financial Services Industry

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IPR Evolution: Decisions and Developments Shaping Inter Partes Review Practice - Volume II, December 2021

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Post-Grant Review, USPTO

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U.S. Supreme Court finds in Favor of Taxpayer Trust Beneficiary in Kaestner

On June 21, 2019, the U.S. Supreme Court issued its opinion in North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust. This unanimous decision stated that the State of North Carolina may not tax trust…more

Beneficiaries, Due Process, Estate Tax, Exclusive Control, Forum State

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Los Angeles County Adopts New Background Check Requirements for Employers

Los Angeles County adopted a new Fair Chance Ordinance for Employers (the Ordinance) on February 27, 2024, which supplements California’s 2018 Fair Chance Act (located in California Government Code Section 12952 et. seq.). The…more

Background Checks, California, Covered Employees, Covered Employer, Employer Liability Issues

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A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

President Biden issued a long-awaited executive order, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Executive Order or E.O.), on August 9, 2023,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, China, Compliance, Corporate Governance

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Security Breach Notification Chart - Revised September 2021

Perkins Coie's Privacy & Security practice maintains a comprehensive chart that summarizes state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in…more

Breach Notification Rule, Chief Compliance Officers, Compliance, Corporate Counsel, Cybersecurity

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Cal/OSHA Enforcement Authority Expands Significantly in 2022

Effective January 1, 2022, SB 606 significantly expands Cal/OSHA’s enforcement powers and the potential penalties for workplace health and safety violations. Specifically, this bill (1) enhances Cal/OSHA compliance and…more

Cal-OSHA, Employees, Employer Liability Issues, Enforcement Actions, Enforcement Authority

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IRS Clarifies Guidance Regarding Repayment of 2020 Required Minimum Distributions Taken in 2020

Taxpayers are required to take minimum annual distributions, commonly referred to as required minimum distributions (RMDs), from their Individual Retirement Accounts (IRAs) and certain other defined contribution plans (e.g.,…more

401k, 403(b) Plans, Guidance Update, Individual Retirement Account (IRA), IRS

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Cal/OSHA Provides Guidance for Employers Developing Workplace Violence Prevention Plans

California’s Division of Occupational Safety and Health (Cal/OSHA) published a model workplace violence prevention plan and fact sheets for applicable industries to help employers comply with SB 553. As we noted in our 2023…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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Federal Election Commission Clarifies Permissible Uses of Campaign Finance Data

This week the Federal Election Commission (FEC or the Commission) issued Advisory Opinion 2021-05 (Tally Up), telling a campaign vendor that it may not integrate federal campaign finance data into software that scores groups of…more

Advisory Opinions, Campaign Finance Reform, Federal Election Commission (FEC), Political Candidates, Political Contributions

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Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water Rights

The Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County on…more

AZ Supreme Court, Department of Water Resources, Surface Water, Transfer of Rights, Water Rights

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Bioengineered Foods: USDA Solicits Comments on Potential Revisions to Digital Disclosure Option

USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National…more

Bioengineering, Disclosure Requirements, Food Labeling, Food Manufacturers, Genetically Engineered Animals

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Supreme Court: “Generic Nature” of Misstatements in Securities Action May Help Defendants Defeat Class Certification

In a significant decision on securities class actions, the U.S. Supreme Court last week held that the generic nature of alleged misrepresentations will often be “important evidence of a lack of price impact” that can be used by…more

Arkansas Teacher Retirement System v Goldman Sachs Group, Basic v Levinson, Burden of Persuasion, Burden of Proof, Certiorari

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Units Converted from One Residential Use to Another Are Not Exempt from Rent Control under Costa-Hawkins

Remodeled residential units converted from space long dedicated to residential use are not considered new construction and are not exempt from local rent control under the Costa-Hawkins Rental Housing Act. NCR Properties, LLC v…more

Landlords, Multi-Family Development, Rent, Rent Control, Rental Property

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Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were…more

Commercial General Liability Policies, D&O Insurance, Fracking, Horizontal Wells, Liability Insurance

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Fundamentals of Non-Fungible Tokens

Non-fungible tokens (NFTs) have been widely adopted by the sports, arts, music, gaming, fashion, and other industries. Behind the hype is a fast-developing ecosystem of technical and commercial innovation that is embracing the…more

Blockchain, Commodities, Cryptocurrency, Digital Assets, Digital Media

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Preparing for the 2021 Public Company Reporting Season

In anticipation of the upcoming reporting season, we highlight rule changes, guidance, and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2021. During 2020, the U.S…more

Annual Meeting, Annual Reports, Board of Directors, CD&A, Coronavirus/COVID-19

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DOJ Recovers More Than $3 Billion in False Claims Act Cases in FY 2019

The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving the False Claims Act (FCA) in the fiscal year ending September 30, 2019, according to statistics released by…more

Department of Defense (DOD), Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA)

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Don’t Burst My Bubble! IRS Provides Clarity for F Reorganizations

Recently, the Internal Revenue Service issued final regulations addressing reorganizations, commonly referred to as “F reorganizations,” under Section 368(a)(1)(F) of the Internal Revenue Code (the Code). F reorganizations…more

Asset Transfer, Corporate Counsel, Internal Revenue Code (IRC), IRS, Reorganizations

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BOEM Announces Regional Environmental Analysis of Floating Wind Energy Development Offshore California

The Bureau of Ocean Energy Management (BOEM) published on December 20, 2023, its notice of intent (NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) of reasonably foreseeable impacts of floating offshore wind…more

BOEM, Clean Energy, Energy Sector, Environmental Policies, Offshore Wind

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U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S…more

Bird Fatalities, Department of Justice (DOJ), Migratory Bird Treaty Act (MBTA), US Fish and Wildlife Service, Wind Power

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Bureau Of Safety And Environmental Enforcement Announces New Rule For Safety And Environmental Management Systems

In an effort to reduce the occurrence of accidents, injuries and spills during oil and gas activities on the Outer Continental Shelf (OCS), the Bureau of Safety and Environmental Enforcement (BSEE) of the U.S. Department of the…more

Bureau of Safety and Envirnonmental Enforcement, Environmental Management Systems, Oil & Gas

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FWS Proposes Revisions to Development Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S. Fish…more

Conservation, Construction Industry, Endangered Species Act (ESA), Mitigation, Natural Resources

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Supreme Court Limits Reach of Clean Water Act

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US, Sackett

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PCAOB Proposes Significant Changes To Auditor’s Report And Responsibilities For Annual Reports Filed With The SEC

As a result of ongoing efforts to improve the informational value of the auditor’s reporting model, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed two new auditing standards for public comment…more

Annual Reports, Auditors, Audits, PCAOB, Reporting Requirements

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Oregon Offshore Wind Watch—Examining BOEM’s Final Wind Energy Areas and Scoping Notice

In support of the Biden administration’s goal of 15 gigawatts (GW) of floating wind by 2040 and Oregon’s goal of 3 GW of offshore wind by 2030, the Bureau of Ocean Energy Management (BOEM) recently announced its selection of two…more

BOEM, Clean Energy, Energy Projects, Energy Sector, Environmental Assessments

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New Pet Food Proposal Introduced in US House

On February 15, a bipartisan group of five Congressional Representatives introduced the Pet Food Uniform Regulatory Reform Act of 2024 (the PURR Act) in the U.S. House. Currently, the FDA’s regulation of pet foods is…more

Animal Food, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Legislative Agendas, Pets

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Net Neutrality Is Back, for Now

With the recent circulation of the Federal Communications Commission’s (FCC) draft version of its highly anticipated net neutrality order, Promoting a Fast, Open, and Fair Internet (the 2024 Order), Chairwoman Jessica…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), National Security

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2019 ABA Antitrust Spring Meeting: Consumer Protection Takeaways

This is the final article in a three-part series on the American Bar Association's 67th Antitrust Law spring meeting. The meeting earlier this month included many sessions addressing consumer protection. Some of the most…more

Advertising, American Bar Association (ABA), Anti-Competitive, Consumer Protection Laws, Disclosure Requirements

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Bioengineered Foods: USDA Solicits Comments on Potential Revisions to Digital Disclosure Option

USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National…more

Bioengineering, Disclosure Requirements, Food Labeling, Food Manufacturers, Genetically Engineered Animals

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Tax Cuts and Jobs Act of 2017: Year-End Planning for Businesses

The tax reform bill, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the Act), was signed into law on December 22, 2017. The Act contains a number of provisions that create significant year-end planning opportunities…more

Acquisitions, Bonus Depreciation, Corporate Taxes, Mergers, Net Operating Losses

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CEQA Year In Review 2013 - A Summary Of Published Appellate Opinions Under CEQA

INTRODUCTION AND OVERVIEW - The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that actually…more

CEQA, CEQA Reform, Environmental Impact Report (EIR), Land Developers, Urban Planning & Development

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Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists regardless…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Construction Litigation, Construction Project

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More Than a Mansion Tax: L.A.’s Measure ULA Will Address the City’s Housing Crisis

Los Angeles’ United to House LA Measure (Measure ULA), enacted by city voters in November 2022, implements a significant new transfer tax on high-value real estate transfers or sales throughout the city of Los Angeles. Beginning…more

California, City of Los Angeles, IRS, Property Owners, Property Tax

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US Supreme Court Remands Blaszczak Insider Trading Case Back to the Second Circuit

The U.S. Supreme Court recently cast doubt on the criminal convictions of the one-time “King of Political Intelligence” David Blaszczak and three others for their role in an insider trading scheme. The Court’s action could…more

Centers for Medicare & Medicaid Services (CMS), Confidential Information, Dirks v SEC, Employees, Insider Trading

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IRS Publishes Proposed Regulations Applicable to Three-Year Carried Interest Holding Period Requirement

08.05.2020 | Updates On Friday, July 31, 2020, the Internal Revenue Service (IRS) issued proposed regulations under Section 1061 of the Internal Revenue Code. Enacted as part of the 2017 Tax Cuts and Jobs Act, Section 1061…more

Holding Periods, IRS, New Guidance, Proposed Regulation, Tax Cuts and Jobs Act

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The Rapidly Escalating Global Trade War: A Snapshot of New Trade Barriers

Driven by a newly aggressive “America First” trade policy under the Trump administration, global trade barriers are increasing rapidly, with proposals for new tariffs and non-tariff barriers issued by U.S. and foreign…more

Aluminum Sales, China, Customs and Border Protection, Exports, Imports

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Trends To Watch In Cyber Liability and Reputational Insurance

With major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber liability…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, D&O Insurance, Data Breach

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FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and…more

Biometric Information Privacy Act, Employment Discrimination, Enforcement, Genetic Materials, Genetic Testing

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noyb Takes Aim at “Cookie Banner Terror” While CNIL Enforces Cookie Guidelines

Last month, the European Center for Digital Rights (more commonly known as None of Your Business or “noyb”) launched a new campaign against the use of allegedly unlawful cookie banners by sending nearly 600 draft complaints to…more

CNIL, Cookies, Court of Justice of the European Union (CJEU), EU, General Data Protection Regulation (GDPR)

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Higher Education Institutions May Be Back in the Department of Labor’s Crosshairs

The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in professor…more

Biden Administration, Compensation, Department of Labor (DOL), Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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Potential HIPAA Pitfalls for Developers of Healthcare Apps

As federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge. Every day, new healthcare apps are being developed to respond…more

App Developers, Business Associates, Covered Entities, Data Protection, Digital Health

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Park and Recreation Fees Violated Mitigation Fee Act

The court of appeal held that the City of Alameda’s development fee for parks and recreation was invalid and unenforceable because there was no reasonable relationship between the fee charged and the burden from new development…more

Appeals, Community Development, Excessive Fees, Local Ordinance, Public Parks

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Irrevocable Life Insurance Trusts - Tax and Nontax Advantages

Creating an Irrevocable Life Insurance Trust (ILIT) can dramatically increase the liquidity of an individual’s estate and effectively leverage the value of the annual $14,000 per donee gift tax exclusion and the $5,430,000…more

Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Irrevocable Life Insurance Trusts

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Opportunity to Address Evolving Standards and Risk Management in the Pandemic Aftermath

As the United States and the rest of the world move toward reopening economies, businesses will begin to shift from survival mode to “back to business.” But back to business may not be the same for many reasons beyond simply the…more

Board of Directors, Coronavirus/COVID-19, Corporate Governance, Customers, Employer Responsibilities

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Will Taylor Swift’s Bad Blood With Ticketmaster Spur Antitrust Action?

Taylor Swift fans seeking to score tickets to the superstar’s highly anticipated “Eras” tour were outraged when Ticketmaster could not handle what it dubbed “unprecedented” demand. In response, Taylor Swift bemoaned, “It’s…more

Antitrust Division, Competition, Corporate Counsel, Department of Justice (DOJ), Enforcement Actions

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Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)…more

Appeals, Bid Protests, Contract Disputes, Federal Acquisition Regulations (FAR), Federal Contractors

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February Tip of the Month: SEC Targets Whistleblower Restrictions in Employment-Related Agreements

The U.S. Securities and Exchange Commission (SEC) has signaled that it will take aggressive action against employers who, by way of employment-related agreements, restrict, prohibit, or otherwise discourage employees from…more

Employer Liability Issues, Employment Contract, Enforcement Actions, Securities and Exchange Commission (SEC), Securities Violations

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Top Advertising Law Trends for 2024

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges…more

Advertising, Artificial Intelligence, Consumer Privacy Rights, COPPA, Corporate Counsel

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What is the US-UK Data Access Agreement and Why Does it Matter?

This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act…more

CLOUD Act, Criminal Investigations, Cross-Border, DATA Act, Data Privacy

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New Law Criminalizes Streaming: What Businesses Need to Know

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center…more

Copyright, Coronavirus/COVID-19, Criminal Penalties, Internet Streaming, Live Streaming

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Experts In Patent Cases: Getting The Most Out Of Your Star Witness

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts …more

Claim Construction, Discovery, Expert Witness, Infringement, Motion To Strike

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COVID-19 Related State Reopening Executive Orders & Guidance Tracker - Update

Each state’s guidance is rapidly updated and changing, and each state’s orders and respective reopening guidance should be reviewed to determine any exceptions, restrictions, or other intricacies around the reopening of any…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Extensions, Legislative Agendas

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Regulating the Security of Connected Devices: Are You Ready?

As if businesses did not have enough on their plates as they prepare for the California Consumer Protection Act and similar privacy laws in other states, manufacturers of Internet of Things (IoT) devices (objects that connect to…more

California Consumer Privacy Act (CCPA), Connected Items, Data Collection, Data Security, Internet of Things

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What Companies Should Know Now About the SEC’s Proposed Rule on Mandatory Climate Disclosures—and How to Plan Ahead

The U.S. Securities and Exchange Commission, on March 21, 2022, proposed detailed and wide-ranging requirements for publicly traded companies to disclose their greenhouse gas (GHG) emissions and climate risks in their…more

Annual Reports, Climate Change, Corporate Counsel, Corporate Governance, Corporate Social Responsibility

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FCC Launches Proceeding to Rollback Net Neutrality

New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality..…more

Appeals, Broadband, Broadband Internet Access Services (BIAS), Common Carriers, En Banc Review

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Will Supreme Court Issue Preclusion Ruling Give TTAB Decisions More Bite?

The Supreme Court addressed the preclusive effect of decisions of the USPTO’s administrative court, the Trademark Trial and Appeal Board (TTAB), on district court trademark infringement proceedings in B&B Hardware, Inc. v…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, SCOTUS, Trademark Infringement

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Remote Proceeding Tracker - Update April 2024

In response to COVID-19, courts were forced to adapt to the pandemic and adopt new rules regarding in-person and remote proceedings. The list below contains links to each state’s laws and rules related to remote proceedings…more

Coronavirus/COVID-19, Court Closures, Court Reporters, Court Schedules, Dispositions

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2022 Cybersecurity Issues and Recommendations for ERISA Plan Fiduciaries

New cybersecurity developments and observations, including those relating to U.S. Department of Labor's (DOL) review of cybersecurity issues, warrant prompt consideration by plan sponsors and other fiduciaries of employee…more

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

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New Online Opportunities for .store and .stream Domain Names

Several new unrestricted generic Top Level Domains (gTLDs), such as .store and .stream, are now available, with several others set to launch soon. You are afforded a short window of time, referred to as the Sunrise Period,…more

Domain Names, gTLD, Internet, Registration, Sunrise Periods

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Managing the Privacy and Data Security Risks of IoT This Holiday Season

As brick-and-mortar retailers seek effective ways of competing with the perceived convenience of online shopping, more and more are turning to the Internet of Things (IoT) to enhance customer engagement, in-store experience, and…more

Brick-and-Mortar Stores, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, E-Commerce

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Employer Action Recommended to Navigate New Pay Data Reporting to EEOC

Most employers have heard the news that the once-paused EEO-1 pay data reporting requirements are now live, and the deadline to respond is set for September 30, 2019. Many employers will rush to collect the necessary data in an…more

Data Collection, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Filing Deadlines

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Ninth Circuit Reinforces Need for Due Diligence When Doing Business With the Cannabis Industry

In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies. One principle we stressed is the need to know…more

Decriminalization of Marijuana, Department of Justice (DOJ), Due Diligence, Federal Land, Federal v State Law Application

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Understanding the Data Privacy Risks With AI-Driven AR/VR Applications

In the 2020 Augmented and Virtual Reality Survey conducted by Perkins Coie, Boost VC, and the XR Association, nearly three-quarters of industry leaders polled indicated that they expect immersive technologies to be mainstream…more

Artificial Intelligence, Augmented Reality, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA)

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Giving Value to Representations and Indemnifications in Distressed Transactions

Indemnification obligations are used to allocate risk between a buyer and a seller in nearly all mergers and acquisitions transactions. In an acquisition of a distressed company or its assets, however, the seller may not be…more

Acquisitions, Buyers, Escrow Agreements, Holdbacks, Indemnification

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Get Ready for the New York LLC Transparency Act

On March 1, 2024, New York Governor Kathy Hochul signed an amended version of the New York LLC Transparency Act (NYLTA), which was originally signed with provisions for amendments in December 2023. The NYLTA will go into effect…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Requirements, Legislative Agendas

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BARDA BioMaP-Consortium Up and Running

In a previous Update, we reported on the Biomedical Advanced Research and Development Authority’s (BARDA) plans to implement the new Biopharmaceutical Manufacturing Preparedness-Consortium (BioMaP-Consortium or Consortium),…more

Biomedical Advanced Research and Development Authority (BARDA), Biopharmaceutical, Department of Health and Human Services (HHS), Export Administration Regulations (EAR), Infectious Diseases

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Dying and Private Keys

Cryptocurrency owners must face death—be it their own, or that of anyone else with custody of the owner’s cryptocurrency or other digital assets. We received a stark reminder of this when the Canadian exchange QuadrigaCX…more

Canada, Computer Fraud and Abuse Act (CFAA), Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT)

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COVID-19 Related State Reopening Executive Orders & Guidance Tracker - Update

Each state’s guidance is rapidly updated and changing, and each state’s orders and respective reopening guidance should be reviewed to determine any exceptions, restrictions, or other intricacies around the reopening of any…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Extensions, Legislative Agendas

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SEC Updates Rules for Financial Statements for M&A

The U.S. Securities and Exchange Commission on May 21, 2020, adopted amendments to Regulation S-X (Reg S-X) for financial statements related to acquisitions and dispositions of businesses. SEC Chairman Jay Clayton stated that…more

Acquisitions, Disclosure Requirements, Dispositions, Final Rules, Financial Statements

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Delaware Bankruptcy Court Decision Strengthens Protections for Healthcare Providers in Bankruptcies

In an August 2019 case argued by Perkins Coie attorneys, the U.S. Bankruptcy Court for the District of Delaware ruled that the automatic stay under section 362(a) of the Bankruptcy Code bars the Centers for Medicare & Medicaid…more

Administrative Remedies, Automatic Stay, Bankruptcy Court, Centers for Medicare & Medicaid Services (CMS), Chapter 11

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What is Patent Term Adjustment and Why Does It Matter?

For patents granted on applications filed on or after June 8, 1995, the enforceable patent term begins on the day the patent issues and generally expires 20 years from the earliest effective filing date of the application. …more

Exelixis, Novartis, Patent Prosecution, Patent Term Adjustment, Patents

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Expansion of Hospital Tort Liability in Washington

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and…more

Healthcare, Hospitals, Indemnification Clauses, Independent Contractors, Insurance Industry

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COVID-19 and Construction Contracts: Considerations for Owners and Developers

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects. Even those construction projects permitted to continue under the…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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NLRB Challenges Franchise Model in Complaint Against McDonald’s

Last week, in an unprecedented shift away from long-standing Board precedent, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), asserted that McDonald’s, USA LLC (McDonald’s USA) — the…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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How AI and Automated Systems Use Can Lead to Discrimination in Hiring

Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity…more

Artificial Intelligence, Automation Systems, Bias, Employees, Employer Liability Issues

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DHS Introduces Alternative Remote I-9 Verification Procedure and New Form I-9

While recent changes to the I-9 process may affect select employers, the release of a new I-9 form will present changes to all employers. Qualifying employers are able to utilize an alternative verification procedure to remotely…more

Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, Employee Rights, Employer Liability Issues

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SEC Modernizes Reg S-K Financial and MD&A Disclosure Rules

The U.S. Securities and Exchange Commission recently adopted amendments to certain financial data and management’s discussion of financial information disclosure requirements in Regulation S-K. These amendments affect the…more

Disclosure Requirements, Financial Regulatory Reform, Financial Statements, MD&A Statements, Proposed Amendments

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Congress Approves New Funding for PPP Loans and EIDLs; SBA Issues Updated FAQ Regarding “Necessity”

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, established the Paycheck Protection Program (PPP), a loan program that made $349 billion available to small businesses using…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), Popular

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Updates on the Implementation of the Newly Amended PRC Patent Law

The China National Intellectual Property Administration (CNIPA) and the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued measures to facilitate the implementation of the newly…more

China, Chinese Medicine, CNIPA, Food and Drug Administration (FDA), Intellectual Property Protection

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CTA Compliance Tip: Spouses and Domestic Partners in Community Property States May Also Be “Beneficial Owners”

As discussed in our prior Update on the Corporate Transparency Act (CTA), anyone who owns or controls at least 25% of the ownership interests of a CTA reporting company must report their beneficial ownership to the Financial…more

Beneficial Owner, Compliance, Corporate Transparency Act, FinCEN, Reporting Requirements

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FTC Brings First Standalone Section 5 Unfairness Claims for Unreasonable Data Retention and Inaccurate Breach Notice

On February 1, 2024, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment. According…more

Breach Notification Rule, Consent Order, Data Deletion, Data Retention, Data Security

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SEC Proposes To Amend Broker-Dealer Customer Protection Rule Reserve Account Calculation Requirements

The U.S. Securities and Exchange Commission (SEC) proposed to amend Exchange Act Rule 15c3-3 (the Customer Protection Rule)[1] on July 12, 2023. If adopted, the proposed amendments would increase the frequency with which certain…more

Broker-Dealer, Customer Protection Rule, Investment, Investors, Proposed Amendments

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CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Digital Marketplace, Federal Trade Commission (FTC), Financial Services Industry

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You Received One of the IRS Crypto Letters—What’s Next?

Taxpayers should take prompt action to assess their situation, yet move carefully before making representations or filings to the IRS. Over the past month, the Internal Revenue Service (IRS) has sent letters to over ten…more

Amended Tax Returns, Bitcoin, Cryptocurrency, Failure to Report, Financial Transactions

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Preparing for the 2024 Public Company Reporting Season

In anticipation of the upcoming reporting season, this Update highlights some of the most significant rule changes, guidance, institutional investor areas of focus, and trends for public companies to consider in preparing annual…more

10b5-1 Plans, Board of Directors, Clawbacks, Corporate Governance, Cybersecurity

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Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration Fees

The U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung Electronics…more

Arbitration, Arbitration Agreements, Arbitration Fees, Business Litigation, Class Action

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Patents in the Emerging World of NewSpace

The NewSpace industry is seeing an increase in space launches and new entrants to the field. Technological advances are driving growth, including a steady pace of new innovations. Companies engaged in this progressive market…more

Capital Raising, Emerging Growth Companies, Emerging Technology Companies, Innovation, Intellectual Property Protection

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Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural…more

CERCLA, Enforcement Actions, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Cook County Amends Paid Leave Ordinance

Following Chicago’s last-minute changes to its much-discussed Paid Leave Ordinance, Cook County has joined the recent flurry of legislating in Illinois to amend its own leave requirements. On December 14, 2023, the Cook County…more

Employee Benefits, Employer Liability Issues, Labor Regulations, New Legislation, New Regulations

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U.S. House Considering Change to Enforcement of Trade Association PAC Rules

A bill currently being considered by the U.S. House Committee on Appropriations could significantly alter the way trade associations may solicit contributions for their political action committees (PACs) in fiscal year 2018…more

Campaign Finance Reform, Department of Justice (DOJ), Deregulation, Enforcement Authority, Federal Election Commission (FEC)

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Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration Fees

The U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung Electronics…more

Arbitration, Arbitration Agreements, Arbitration Fees, Business Litigation, Class Action

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Avoiding Lawsuits under the ADA

As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls. Title III of…more

Accessibility Rules, Americans with Disabilities Act (ADA), Commercial General Liability Policies, Department of Justice (DOJ), Disability

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Supreme Court Reinstates Cross-State Air Pollution Rule

On April 29, 2014, the Supreme Court by a 6-2 vote reversed the D.C. Circuit and upheld the Environmental Protection Agency’s Transport Rule, which imposed specific Clean Air Act limits on emissions in certain states to prevent…more

Clean Air Act, Cross-State Air Pollution, EPA v EME Homer City, SCOTUS

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Updates on the Implementation of the Newly Amended PRC Patent Law

The China National Intellectual Property Administration (CNIPA) and the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued measures to facilitate the implementation of the newly…more

China, Chinese Medicine, CNIPA, Food and Drug Administration (FDA), Intellectual Property Protection

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Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online…more

Artificial Intelligence, Contractual Safeguards, Copyright, Intellectual Property Protection, Machine Learning

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Getting Cooperation Credit Under New DOJ False Claims Act Guidance

The U.S. Department of Justice (DOJ) released long awaited guidance last week on how it will evaluate and credit self-disclosures and cooperation in False Claims Act (FCA) cases. The new guidelines, codified in the DOJ’s…more

Board of Directors, Cooperation, Cooperation Agreement, Corporate Misconduct, Department of Justice (DOJ)

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Food & Consumer Packaged Goods Litigation Year in Review 2023

Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and…more

Animal Food, Beverage Manufacturers, Cannabis Products, Cybersecurity, Dietary Supplements

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JOBS Act: SEC Adopts Rules To Permit General Solicitation And Advertising For Private Offerings

When enacted on April 5, 2012, Title II of the Jumpstart Our Business Startups Act of 2012 (JOBS Act) endeavored to lift the long-standing ban on general solicitation and advertising for private securities offerings under Rule…more

Accredited Investors, Advertising, General Solicitation, Investors, JOBS Act

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California River Watch v. Vacaville: “A Better Considered Position” Under RCRA

The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under…more

Appeals, California, Citizen Suits, Drinking Water, Environmental Litigation

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The Impact Of Prior Claim Constructions Since The Ptab Adopted The Same Claim Construction Standard As Other Courts

In 2018, the Patent Trial and Appeal Board aligned its claim construction standard in post-grant proceedings with the standard applied by the federal courts and the International Trade Commission. Greater consistency was the…more

Claim Construction, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Understanding the Data Privacy Risks With AI-Driven AR/VR Applications

In the 2020 Augmented and Virtual Reality Survey conducted by Perkins Coie, Boost VC, and the XR Association, nearly three-quarters of industry leaders polled indicated that they expect immersive technologies to be mainstream…more

Artificial Intelligence, Augmented Reality, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA)

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2019 Corporate Governance Hot Topics

The following update highlights recent corporate governance hot topics and trends for directors of public companies. Board Oversight of Mission-Critical Risks - In June 2019, the Delaware Supreme Court allowed a Caremark…more

Board of Directors, Caremark claim, Corporate Governance, DE Supreme Court, Disclosure Requirements

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California River Watch v. Vacaville: “A Better Considered Position” Under RCRA

The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under…more

Appeals, California, Citizen Suits, Drinking Water, Environmental Litigation

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Muldrow Sets a New Standard for Workplace Discrimination

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did not…more

Adverse Employment Action, Civil Rights Act, Discrimination, Diversity and Inclusion Standards (D&I), Employee Transfers

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State Antitrust Lawsuit Challenges NCAA Recruitment Rules

In January of this year, the attorneys general of Tennessee and Virginia filed a federal antitrust lawsuit against the National Collegiate Athletics Association (NCAA). The lawsuit seeks to prevent the NCAA from enforcing…more

Antitrust Litigation, College Athletes, Compensation, Competition, Department of Justice (DOJ)

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Potential HIPAA Pitfalls for Developers of Healthcare Apps

As federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge. Every day, new healthcare apps are being developed to respond…more

App Developers, Business Associates, Covered Entities, Data Protection, Digital Health

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As Pandemic Lingers, SEC Has Not Forgotten about Advisers’ Share Class Selection and Compensation Practices

In our October 2019 update, we discussed how the staff of the U.S. Securities and Exchange Commission (SEC) has remained sharply focused in recent years on the conflicts of interest related to investment advisers’ selection of…more

Anti-Fraud Provisions, Broker-Dealer, Compliance, Disgorgement, Fiduciary Duty

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ESG and the SEC: Where Are We Now?

The first half of 2022 saw significant U.S. Securities and Exchange Commission (SEC) enforcement and rulemaking activity around environmental, social, and governance (ESG) investing. In its regulation of ESG investing, the SEC…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Fossil Fuel, Greenwashing

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Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing and…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Intellectual Property Protection

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The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did…more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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California Supreme Court Decision Signals Victory For Online Retailers

The California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in…more

Apple, Credit Cards, E-Commerce, Internet Retailers, Personally Identifiable Information

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French Data Protection Authority Issues Guidance on Application of Blockchain to the GDPR

On September 24, 2018, the French data protection authority, Commission Nationale de l’Informatique et des Libertés (CNIL), became the first data protection authority to issue written guidance on the intersection of the use of…more

Bitcoin Mining, Blockchain, CNIL, Cybersecurity, Data Processors

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Preparing for the 2018 Public Company Reporting Season

In anticipation of the upcoming annual report and proxy season, we are highlighting new requirements and trends for public companies in 2018…more

Audit Reports, Board of Directors, Broker-Dealer, Corporate Governance, Disclosure Requirements

See all updates »

Oregon Offshore Wind Watch—Examining BOEM’s Final Wind Energy Areas and Scoping Notice

In support of the Biden administration’s goal of 15 gigawatts (GW) of floating wind by 2040 and Oregon’s goal of 3 GW of offshore wind by 2030, the Bureau of Ocean Energy Management (BOEM) recently announced its selection of two…more

BOEM, Clean Energy, Energy Projects, Energy Sector, Environmental Assessments

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Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing Development

The Washington State Legislature kicked off its 2023 Legislative Session on Monday, January 9, 2023. A big focus this year is on affordable housing initiatives. This Update summarizes five significant affordable housing bills…more

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Graphic User Interfaces (GUIs) Now Eligible For Design Patent Protection In China

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China, Design Patent, Graphical User Interface, Patent-Eligible Subject Matter, Patents

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Federal Circuit Rules Out State-Law Remedies for Failure to Participate in the Biosimilars "Patent Dance"

On December 14, the Federal Circuit issued a decision that further clarifies the ground rules for disclosures of product information by manufacturers of biosimilar pharmaceutical products. In particular, the Federal Circuit…more

aBLA, Amgen, Biosimilars, BPCIA, FDA Approval

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Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not Falling

The U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania…more

Constitutional Challenges, Dormant Commerce Clause, Due Process, Foreign Corporations, General Jurisdiction

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Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved

A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska tribes…more

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Summary Of Notice 2020-65: Deferral Of Employee’s Portion Of Social Security Taxes

In response to the ongoing coronavirus (COVID-19) pandemic, the U.S. Congress, the executive branch, and the Internal Revenue Service (IRS) have taken several actions intended to provide immediate relief to taxpayers. In prior…more

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ERC-721 Tokens Shake Up Blockchain Technology

The most prevalent tokens on the Ethereum blockchain are ERC-20-compliant (ERC-20 Tokens). However, there are many other ERC, or Ethereum Request for Comment, standards available. Recently, companies like Launch Labs, Inc. d/b/a…more

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Great Cancellations: Kentucky’s New Subscription Law and FTC’s Expansion of the Negative Option Rule

As the subscription economy continues to grow towards a predicted $1.5 trillion by 2025, the number of laws and regulations with which a business offering subscriptions must comply also continues to grow. The focus of these…more

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What to Expect From Acting Chairwoman Rosenworcel’s FCC

Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission (FCC). Acting Chairwoman Rosenworcel is expected to pursue the…more

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FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

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New Washington Laws on Equal Pay and Sexual Harassment NDAs Become Effective in June

Washington’s Amended Equal Pay Act - The Washington Equal Pay Opportunity Act will go into effect on June 7, 2018. House Bill 1506, signed by Governor Jay Inslee on March 21, 2018, amends the Washington Equal Pay Act, RCW…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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Quarterly Investment Update - 4th Quarter 2016

ECONOMIC REVIEW AND OUTLOOK - In this past year we were reminded again to expect the unexpected: The well-established political classes in the U.K., the U.S. and Italy learned that democracy was their Achilles’ heel, and…more

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The CARES Act: Key Loan and Grant Programs for Nonprofit Organizations (Update)

Certification That Funds Are “Necessary” - Following recent press and new guidance from the Small Business Administration (SBA), many nonprofit organizations are carefully considering whether borrowing funds under the…more

CARES Act, Charitable Organizations, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), SBA

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Food Litigation Newsletter - March 2015 # 2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Ninth Circuit Reverses Dismissal Based on Standing, Preemption ..Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’…more

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Ninth Circuit Holds Dukes v. Wal-Mart Certification Requirements Apply To Small Class Actions And In The Wage And Hour Context

On Tuesday, on remand from the U.S. Supreme Court, the Ninth Circuit held that the certification requirements set forth by the U.S. Supreme Court for a multimillion plaintiff gender discrimination class action in Dukes v…more

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D.C. Circuit Reaffirms Validity of Attorney-Client Privilege and Work Product Protection in Internal Investigations

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A New National Security Frontier: Executive Order and Coming Regulations Restricting US Technology Investments in China

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Consumer Finance Law – COVID-19 Year in Review

The year 2020 was a tumultuous one given the unexpected COVID-19 pandemic, particularly for the mortgage lending and servicing industry. In response to sudden stay-at-home orders and a sharp drop in employment rates, federal and…more

Biden Administration, CARES Act, Code of Federal Regulations (CFR), Consumer Litigation, Government Agencies

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CAISO Releases Ambitious 2023-2024 Transmission Plan To Address State’s Climate Goals

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In re Martha Stewart Living Omnimedia, Inc. Stockholder Litigation: MFW Provides Recipe for Protecting One-Sided Controller Transactions

In its opinion in In re Martha Stewart Living Omnimedia, Inc. Stockholder Litigation,[1] issued in August 2017, the Delaware Chancery Court addressed a question left open under Kahn v. M&F Worldwide Corp.[2] (MFW)—namely,…more

Breach of Duty, Business Judgment Rule, Conflicts of Interest, Controlling Stockholders, Dismissals

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California Makes it Easier to Transfer Insurance Coverage Rights

Last week, the California Supreme Court ruled in Fluor Corp. v. Superior Court, No. S205889, 2015 WL4938295 (Cal. 2015), that an insurer is precluded from refusing to honor an insured’s assignment of rights for past losses that…more

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Trump-Era Statement on Standards-Essential Patents Withdrawn

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Fintech Week in Review - January 2021

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Use of Generative AI in Litigation Requires Care and Oversight

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Graphic User Interfaces (GUIs) Now Eligible For Design Patent Protection In China

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China Courts Adopt Concurrent Partial Judgments and Preliminary Injunctions in New Model for Complex Copyright and Patent Civil Trials

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New York City Adopts Final Rules for Law Governing Automated Employment Decision Tools

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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