Perkins Coie

New DoD Cybersecurity Rule and How Contractors Can Reduce Their Risks

The Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases…more

Cloud Computing, Controlled Unclassified Information, Cyber Incident Reporting, Cyber Threats, Cybersecurity

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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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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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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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Recent Court Cases Interpreting “Reverse Payments” Post-Actavis

Patent settlement agreements were traditionally deemed outside the purview of antitrust scrutiny unless the patent holder’s conduct fell outside the legitimate scope of the patent’s exclusionary power. This all changed when the…more

AbbVie, Actavis Inc., ANDA, FDA, FTC

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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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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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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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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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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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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, DOJ

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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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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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The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues

Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However, there are several sales and use tax consequences of promoting consumer loyalty. Here’s a brief question and…more

Customer-Loyalty Programs, Redemption Agreement, Reporting Requirements, Retail Market, Retailers

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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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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

Administrative Procedure Act, Alaska, Alaska Native Claims Settlement Act (ANCSA), Anti-Discrimination Policies, Department of the Interior

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Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the ability…more

Credit Cards, Data Collection, Personally Identifiable Information, Retailers, ZIP Codes

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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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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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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

FTC, PayPal, Prior Express Consent, Robocalling, TCPA

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SEC Proposes Rules to Implement JOBS Act Relief From Exchange Act Registration Requirements

In December 2014, the Securities and Exchange Commission (SEC) proposed rules to implement Title V and Title VI of the Jumpstart Our Business Startups Act (JOBS Act), which permit early stage companies to defer registration…more

Issuer Exemption, JOBS Act, Proposed Regulation, Public Comment, Registration

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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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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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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, FCRA, Injury-in-Fact, SCOTUS

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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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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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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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CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on hotly…more

Berkeley Hillside v City of Berkeley, CA Supreme Court, CEQA, Construction Industry, Earthquakes

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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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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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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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Proxy Access Update—Preparing for the 2016 Proxy Season

Proxy access predominated corporate governance issues for the 2015 proxy season, with over 100 proposals submitted on the topic, compared to 18 in 2014. Shareholder proponents achieved significant success in 2015, with an…more

Proxy Access, Proxy Season, SEC, Shareholder Proposals, Shareholder Votes

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Antitrust Division Focuses Enforcement Efforts on Individuals Behind International Cartels

The Antitrust Division of the U.S. Department of Justice is vigorously pursuing civil and criminal actions against individuals—and not simply the companies they run. Just last month, Assistant Attorney General Bill Baer…more

Anti-Competitive, Antitrust Investigations, Cartels, Corporate Crimes, Criminal Prosecution

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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, 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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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 Companies, Operating Agreements

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Oregon Supreme Court Upholds Delaware Corporation’s “Exclusive-Forum” Bylaw

In Roberts v. TriQuint Semiconductor, Inc., 358 Or. 413, __ P.3d ___, 2015 WL 8539902 (Dec. 10, 2015), the Oregon Supreme Court unanimously held that a Delaware corporation’s “exclusive-forum” bylaw, which required that all…more

Bylaws, Corporate Counsel, Corporate Governance, Delaware General Corporation Law, Exclusive Forum

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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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The Animas Spill: EPA Liability and Insurance Coverage

When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it…more

CERCLA, Department of Toxic Substances Control, E&O Insurance, EPA, Federal Contractors

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Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,…more

Administrative Appeals, Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers

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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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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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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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Birds of a Feather: The 5th Circuit Joins the 8th and 9th Circuits’ Narrow View of the MBTA’s Take Prohibition

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit held in United States v. CITGO Petroleum Co. that the Migratory Bird Treaty Act’s take prohibition does not include the unintentional take of migratory birds…more

Bird Fatalities, DOJ, Endangered Species Act (ESA), Energy Sector, Migratory Bird Treaty Act

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Arizona Supreme Court Follows Central Bank: No Implied Private Right Of Action For Aiding And Abetting Securities Fraud Under The Arizona Securities Act

Earlier today, in a case titled Sell v. Sewell, et al. (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities…more

Aiding and Abetting, Private Right of Action, Securities Fraud

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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, 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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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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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, FCPA, Forum Selection

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Year 2014 IRS Dollar Limits

The IRS announced the Year 2014 cost-of-living adjustments for various provisions affecting employee benefit plans. The following table shows certain Year 2014 limits and those from prior years…more

401k, Benefit Plan Sponsors, COLA, Employee Benefits, FICA Taxes

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Don't Let a Data Breach Diminish Your Retail Profits This Holiday Season

For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates…more

Data Breach, E-Commerce

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CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on hotly…more

Berkeley Hillside v City of Berkeley, CA Supreme Court, CEQA, Construction Industry, Earthquakes

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New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other Changes

This week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States. Most significantly, the Trade Facilitation and Trade Enforcement Act (TFTEA) will require…more

Anti-Dumping Duty, Customs, Customs and Border Protection, Declaration, Forced Labor

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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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Arizona Supreme Court Follows Central Bank: No Implied Private Right Of Action For Aiding And Abetting Securities Fraud Under The Arizona Securities Act

Earlier today, in a case titled Sell v. Sewell, et al. (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities…more

Aiding and Abetting, Private Right of Action, Securities Fraud

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DOJ’s Increased Focus on Environmental Criminal Cases

Recently, John C. Cruden, DOJ’s Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ’s environmental litigation, voiced a heightened commitment to enforcing…more

Criminal Prosecution, DOJ, Enforcement Actions, Environmental Crimes, Environmental Policies

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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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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, FTC

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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

DOJ, Enforcement Actions, SEC

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Make Your Insurance Policies List and Check It Twice

As the holidays rapidly approach, it is a perfect time for retailers to review their insurance policies and understand the extent of their coverage. Seasonal hires, new products and revisions in services may expose retailers to…more

Cyber Insurance, Insurance Industry, Liability Insurance, Retailers, Risk Management

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CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on hotly…more

Berkeley Hillside v City of Berkeley, CA Supreme Court, CEQA, Construction Industry, Earthquakes

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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, 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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Implications of Supreme Court’s Approval of Statistical Study Use in Wage-and-Hour Class Actions

The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for…more

Admissible Evidence, Class Action, Class Certification, Doffing, Donning

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3…The Number of Weeks in a Row for Bitcoin Related CFTC Guidance…CFTC Settles With Bitcoin SEF Over Wash Sales / Prearranged Trading

On September 24th, the U.S. Commodity Futures Trading Commission (CFTC) settled charges against TeraExchange LLC, a provisionally registered bitcoin swap execution facility (SEF). The charges stem from a non-deliverable forward…more

Bitcoin, CEA, CFTC, Commodities Exchange Act, Enforcement Actions

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New Labor “Persuader” Reporting Requirements, Status in Flux

A federal judge in Texas has issued a nationwide injunction against the new labor “persuader” reporting requirements that were due to take effect on July 1, 2016. The ruling does not impact earlier employer reporting…more

Collective Bargaining, Consultants, DOL, Final Rules, LMRDA

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New Production Tax Credit “Beginning of Construction” Advice From the IRS

The IRS recently issued Notice 2016-31, providing further guidance regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code and the investment tax…more

Biomass, Energy Projects, Energy Sector, Geothermal Energy, Hydropower

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France’s Foreign Public Corruption Law (Article 435-3)

The chart traces the flow and logic of Article 435-3 (proscribing foreign corruption), discusses the Government’s 2015 anti-corruption “Compliance Guidelines,” and summarizes the pending anti-corruption legislation. Please…more

Bribery, Corruption, France, Penalties, White Collar Crimes

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SBA Issues Final Rule Implementing The Small Business Jobs Act Of 2010

On October 2, 2013, Small Business Administration (SBA) published a final rule to establish and revise rules and procedures pertaining to small business set-asides, partial set-asides, multiple award contracts (MACs), task and…more

Bundling Rules, Contractors, MACs, NDAA, SBA

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Navigating the Unsafe Harbor: Keep Calm and Carry On

The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework. Under…more

Corporate Counsel, Cybersecurity, Data Protection Authority, Edward Snowden, EU Data Protection Laws

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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

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, LGBT, Sexual Orientation Discrimination

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13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers for…more

Attorney's Fees, Crime Victims, Domestic Workers, Employee Benefits, Evidence

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Commercial Buildings in D.C. Face Potential Big Property Tax Increases Due in 2015

Landlords and tenants of commercial buildings in the District of Columbia should brace for potentially significant increases in their property taxes payable in 2015 and future years. The District of Columbia Office of Tax and…more

Commercial Property Owners, Commercial Real Estate Market, Property Tax, Tax Assessment

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Proxy Access Update—Preparing for the 2016 Proxy Season

Proxy access predominated corporate governance issues for the 2015 proxy season, with over 100 proposals submitted on the topic, compared to 18 in 2014. Shareholder proponents achieved significant success in 2015, with an…more

Proxy Access, Proxy Season, SEC, Shareholder Proposals, Shareholder Votes

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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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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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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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Proxy Access Update—Preparing for the 2016 Proxy Season

Proxy access predominated corporate governance issues for the 2015 proxy season, with over 100 proposals submitted on the topic, compared to 18 in 2014. Shareholder proponents achieved significant success in 2015, with an…more

Proxy Access, Proxy Season, SEC, Shareholder Proposals, Shareholder Votes

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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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Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act (TSCA)…more

Confidential Information, Environmental Policies, EPA, Hazardous Substances, Lautenberg Act

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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 Companies, Operating Agreements

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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, Data Privacy, De Minimus Quantity Exemption

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NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a group…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Franchisee, Franchisors, General Contractors

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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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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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Decision 2016: Is Your Company Ready?

The 2016 election season is fast approaching. As companies begin to plan their political participation for the coming year, government affairs staff and compliance counsel should closely consider whether there are any…more

Campaign Finance Reform, Lobbying, Meals-Gifts-and Entertainment Rules, Pay-To-Play, Registration Requirement

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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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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, FCRA, Injury-in-Fact, SCOTUS

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Top 10 Issues To Consider When You Are Sued: Issue #8: Disclosing Litigation And Reserving For Litigation Losses

(updated from April 11, 2007) - Determining when and how to account for loss contingencies is an important decision for companies that have been sued…more

Disclosure Requirements, GAAP, Legal Costs, Loss Contingencies, SEC

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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, FCPA, Fraud

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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, FTC

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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

FTC, PayPal, Prior Express Consent, Robocalling, TCPA

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Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See Hoosier…more

Clean Water Act, Federal Highway Administration, Highways, Infrastructure, Public Projects

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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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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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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

Administrative Procedure Act, Alaska, Alaska Native Claims Settlement Act (ANCSA), Anti-Discrimination Policies, Department of the Interior

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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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United States: IP and Antitrust

United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to encourage…more

FRAND, FTC Act, Non-Practicing Entities, Patent Infringement, Patent Litigation

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FCC Proposes Streamlining Foreign-Ownership Review Process

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy. …more

Acquisition Agreements, FCC, Foreign Ownership, NPRM, Standard of Review

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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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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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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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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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ICANN's Trademark Clearinghouse For Expanded gTLDs To Launch March 26: Are You Ready?

The Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project. This expansion includes changes to the…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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NLRB’s Union Poster Rule Struck Down By D.C. Circuit

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit vacated the rule adopted by the National Labor Relations Board (the Board) that required most private sector employers to display on their properties…more

NLRB, Notice Requirements, Posting Requirements

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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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Data Breach Incident Response: 5 Questions to Ask and New Laws to Know Now

The spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways. This year, Illinois, Nebraska, and Tennessee…more

Breach Notification Rule, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Protection

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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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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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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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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, EPA, Greenhouse Gas Emissions

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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, EPA, Hazardous Substances, Land Developers

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Pharma and Medical Device Industry Victory in Off-Label Marketing Decision

The U.S. District Court for the Southern District of New York recently held that the FDA may not constitutionally bring a misbranding action based on truthful and non-misleading off-label promotion of an FDA-approved drug,…more

Amarin, Commercial Speech, False Claims Act (FCA), FDA, FDCA

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Facebook Simplifies Its Promotion Guidelines

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions through…more

Contests & Promotions, Facebook, Mobile Apps, Social Media

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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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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, Internet Gambling, Licenses, Software, Software Developers

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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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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, OFAC, SDN List

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New Arizona Legislation May Affect the Interests of Arizona Businesses and Employers

Two new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the independent contractor relationship and how wages are regulated. Below is a description of…more

Employee Definition, Employer Liability Issues, Independent Contractors, Minimum Wage, Misclassification

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While Hamstrung By DOMA, Federal Election Commission Still Opens Door To Joint Political Contributions From Same-Sex Couples

The Federal Election Commission (FEC) this week became the latest government agency to grapple with the impact of the Defense of Marriage Act (DOMA) on the federal rights of legally married same-sex couples. At issue was…more

DOMA, Federal Election Commission (FEC), Political Contributions, Same-Sex Marriage

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Navigating the Unsafe Harbor: Keep Calm and Carry On

The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework. Under…more

Corporate Counsel, Cybersecurity, Data Protection Authority, Edward Snowden, EU Data Protection Laws

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SEC Answers Frequently Asked Questions About Conflict Minerals Disclosure — Finally

The Securities and Exchange Commission’s (the Commission or SEC) Division of Corporation Finance provided answers to questions regarding the Commission’s rules adopted in response to the Dodd-Frank Wall Street Reform and…more

Conflict Mineral Rules, Disclosure Requirements, Form SD, Generic, Mining

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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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SEC Continues to Turn the Screw on Non-GAAP Financial Disclosures With Updates to Compliance & Disclosure Interpretations

Continuing the SEC’s recent focus on companies’ use of non-GAAP financial measures, the staff of the SEC Division of Corporation Finance issued updated guidance on May 17, 2016 that addresses compliance issues under Regulation G…more

C&DIs, Disclosure Requirements, EBITDA, GAAP, Guidance Update

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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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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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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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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, DOJ, Migratory Bird Treaty Act, US Fish and Wildlife Service, Wind Power

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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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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 Companies, Operating Agreements

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New Arizona Legislation May Affect the Interests of Arizona Businesses and Employers

Two new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the independent contractor relationship and how wages are regulated. Below is a description of…more

Employee Definition, Employer Liability Issues, Independent Contractors, Minimum Wage, Misclassification

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Data Breach Incident Response: 5 Questions to Ask and New Laws to Know Now

The spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways. This year, Illinois, Nebraska, and Tennessee…more

Breach Notification Rule, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Protection

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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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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

Class Action, Class Certification, Dukes v Wal-Mart, Wage and Hour, Wang v Chinese Daily News

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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, FTC

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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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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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Retail Leasing: Tis’ The Season to Make Your List and Check It Twice

The holiday shopping season is fast approaching and for the brick and mortar retail industry, it is a critical time. Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant,…more

Commercial Leases, Leases, Retailers

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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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Final CMS Rule Provides Long-Awaited Clarity on Reporting and Returning Medicare Overpayments

On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) published its long-anticipated Final Rule implementing Section 6402(a) of the Patient Protection and Affordable Care Act (ACA) (section 1128J(d) of the…more

60-Day Rule, CMS, False Claims Act (FCA), Health Care Providers, Medicare Part A

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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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Capital Gains Tax Exclusion for Certain New Investments in Small Businesses Made Permanent

President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act) on December 18, 2015. Among other provisions, the PATH Act provides that the 100 percent exclusion from gross income of certain…more

C-Corporation, Capital Gains, Investment, New Legislation, Popular

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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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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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EPA Approves New Refrigerant Alternatives

On March 2, 2015, the U.S. Environmental Protection Agency published a final rule expanding the number of refrigerants approved for use in a variety of refrigeration and air-conditioning equipment as compliant with the…more

EPA, Final Rules, Ozone

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FCC Proposes Streamlining Foreign-Ownership Review Process

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy. …more

Acquisition Agreements, FCC, Foreign Ownership, NPRM, Standard of Review

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Insurance Coverage for Businesses Affected by the Napa Earthquake

As the Napa Valley community begins the process of repairing damage and healing from injuries and losses related to the earthquake that struck on August 24, 2014, we extend our heartfelt wishes to those affected by the natural…more

Earthquakes, Property Damage, Property 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, Energy Efficiency, Energy Policy

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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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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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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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SCOTUS Decision on Implied Certification Theory of Liability Under FCA Leaves Many Questions Unanswered

The U.S. Supreme Court handed down an important decision on June 16, 2016 that expands the scope of liability under the False Claims Act, 31 U.S.C. §§ 3729-3733, (the FCA). In Universal Health Services, Inc. v. United States…more

False Claims Act (FCA), False Implied Certification Theory, Implied Certification, Medicaid, Reimbursements

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CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on hotly…more

Berkeley Hillside v City of Berkeley, CA Supreme Court, CEQA, Construction Industry, Earthquakes

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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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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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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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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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Supreme Court Rules Exception to Bankruptcy Discharge for Fraud Claims Extends to Fraudulent Transfer Liability

In a decision rendered on May 16, 2016, in the case of Husky International Electronics, Inc. v. Ritz, the U.S. Supreme Court ruled that the exception to bankruptcy discharge for debts incurred through actual fraud applies to…more

Chapter 7, Commercial Bankruptcy, Debtor-Creditor, Dischargeable Debts, Fraudulent Conveyance

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Decision 2016: Is Your Company Ready?

The 2016 election season is fast approaching. As companies begin to plan their political participation for the coming year, government affairs staff and compliance counsel should closely consider whether there are any…more

Campaign Finance Reform, Lobbying, Meals-Gifts-and Entertainment Rules, Pay-To-Play, Registration Requirement

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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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Portland Adopts Mandatory Sick Leave Law

Portland has become just the fourth U.S. city to require that employers provide sick leave. The Portland ordinance goes into effect January 1, 2014. Following is a brief summary of the ordinance. As the effective date…more

Local Ordinance, Medical Leave, Municipalities, Notice Requirements, Paid Leave

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Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,…more

Administrative Appeals, Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers

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Halliburton: SCOTUS Reaffirms Fraud-on-the-Market Presumption, Allows Attack at Class Cert Stage

On Monday the Supreme Court issued its much anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, 2014 WL 2807181 (U.S. June 23, 2014), rejecting all pleas to overturn the fraud-on-the-market…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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Privacy Best Practices for Commercial and Private Drone Use Adopted in NTIA Process

Consensus was reached in a proceeding of the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce on a set of privacy best practices for the commercial and recreational use of…more

Airspace, Best Practices, Commercial Use, Drones, Federal Aviation Administration (FAA)

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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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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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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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Revlon “Ring-Fencing” Settlement: Greater Risk Of SEC Enforcement Activity In Going Private Transactions?

On June 13, 2013, the Securities and Exchange Commission announced the settlement of administrative proceedings against Revlon, Inc. In the settlement order, the SEC asserted that the company hid information regarding a 2009…more

401k, Board of Directors, Going-Private Transactions, Revlon, Ring-Fencing

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CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on hotly…more

Berkeley Hillside v City of Berkeley, CA Supreme Court, CEQA, Construction Industry, Earthquakes

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FCC Proposes Streamlining Foreign-Ownership Review Process

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy. …more

Acquisition Agreements, FCC, Foreign Ownership, NPRM, Standard of Review

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2016 Changes in Hart-Scott-Rodino Reporting Thresholds, Clayton Act Section 8 Interlocking Directorates Thresholds

The Federal Trade Commission (FTC) announced on January 21, 2016 that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (H-S-R) Antitrust Improvements Act of 1976 (the Act), will be…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Reporting Requirements, The Clayton Act

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Supreme Court Clarifies Bankruptcy Court Jurisdiction (Somewhat)

In 2011, the Supreme Court decided Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), which gave voice to the Court’s grave concerns about the constitutional limits of bankruptcy court jurisdiction and raised several…more

Article III, Chapter 7, Commercial Bankruptcy, EBIA v Arkison, Executive Benefits Insurance Agency

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Implications of Supreme Court’s Approval of Statistical Study Use in Wage-and-Hour Class Actions

The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for…more

Admissible Evidence, Class Action, Class Certification, Doffing, Donning

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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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New Production Tax Credit “Beginning of Construction” Advice From the IRS

The IRS recently issued Notice 2016-31, providing further guidance regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code and the investment tax…more

Biomass, Energy Projects, Energy Sector, Geothermal Energy, Hydropower

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New IRS Notification Requirement for Certain 501(c)(4)s

The IRS published temporary proposed regulations on July 12, 2016 that will impact all 501(c)(4) social welfare organizations formed after July 8, 2016. The proposed regulations will also impact many existing 501(c)(4)…more

501(c)(4), IRS, Non-Profits, Political Campaigns, Political Expression

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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 Seeks to Boost Voluntary Disclosures Through FCPA Pilot Program

In a move that follows long-standing complaints from the corporate community and the FCPA defense bar concerning the government’s vague assurances of “cooperation credit” in FCPA resolutions for self-reporting companies, on…more

Corporate Crimes, DOJ, FCPA, Federal Pilot Programs, Fraud

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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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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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EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand Permitting Requirements

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Waters of the United States

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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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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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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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DOJ Postpones Website Accessibility Proceeding: How Businesses Can Prepare in Anticipation of a Lawsuit and How to Maximize Your Insurance Once Served

The Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other businesses to make their…more

ADA, Amended Regulation, DOJ, Internet Retailers, Mobile Apps

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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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Silicon Valley in the Crosshairs: SEC and DOJ Target Fraud Involving Pre-IPO Companies

Historically, regulators have been reluctant to interfere with the complex world of pre-IPO financing and private market transactions, which tend to involve the most sophisticated investors. However, several recent public…more

Criminal Investigations, DOJ, Emerging Technology Companies, Enforcement Actions, IPO

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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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Do Words Matter? GAO Decides “Yes” in Delivery Order Precedent Case

Do words matter? In a precedent-setting decision in Harris IT Services Corp., B-411699, B-411796, GAO said “yes.” In particular, GAO made clear that the phrase “delivery order” has a particular meaning under the law and that…more

DHS, FBI, Federal Acquisition Regulations (FAR), Federal Procurement Systems, GAO

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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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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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2015 SEC Speaks Conference: SEC to Balance Broad Enforcement Agenda and Initiatives with Focus on Core Mission

The U.S. Securities and Exchange Commission (SEC) touted an expansive regulatory agenda at this year’s “SEC Speaks” conference, held February 20-21, 2015, in Washington, D.C. At this year’s Speaks, SEC representatives reviewed…more

Market Participants, Regulatory Agenda, SEC, Strategic Enforcement Plan

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Federal Appeals Court Blocks Clean Water Rule Nationwide

In an attempt to “temporarily silence[] the whirlwind of confusion that springs from uncertainty,” the U.S. Court of Appeals for the Sixth Circuit has blocked the new rule defining “waters of the United States” under the Clean…more

Appeals, Clean Water Act, EPA, Jurisdiction, Stays

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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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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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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

Administrative Procedure Act, Alaska, Alaska Native Claims Settlement Act (ANCSA), Anti-Discrimination Policies, Department of the Interior

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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, LLC

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Washington Court of Appeals: No Transactional Nexus Requirement or Dissociation for Washington B&O Tax

On April 29, 2015, the Washington Court of Appeals issued an important tax decision in Avnet, Inc. v. Washington Department of Revenue, Dkt. No. 45108-5-II. In its most significant holding, the court of appeals effectively…more

Appeals, Business Taxes, Department of Revenue, Shipping, Statutory Interpretation

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Indian Government Relaxes Restrictions on Foreign Direct Investment

The Indian government announced on June 20, 2016 new rules for foreign direct investment (FDI), allowing for up to 100% FDI in certain sectors, including defense and civil aviation. The changes also relax the local sourcing…more

Airports, Aviation Industry, Defense Sector, Foreign Direct Investment, Foreign Investment

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Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See Hoosier…more

Clean Water Act, Federal Highway Administration, Highways, Infrastructure, Public Projects

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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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EPA Issues Proposed Rule to Remove Reference to ASTM E1527-05 in All Appropriate Inquiries Rule

On June 17, 2014, the U.S. Environmental Protection Agency published a proposed rule to amend the standards and practices for complying with the “All Appropriate Inquiries” rule under the Comprehensive Environmental Response,…more

ASTM, CERCLA, Environmental Site Assessment, EPA, Final Rules

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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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California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc, No. C 12-01633 CRB, 2014 WL 2702726 (N.D…more

Class Action, Class Certification, ConAgra, Damages, Food Labeling

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FCC Proposes Streamlining Foreign-Ownership Review Process

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy. …more

Acquisition Agreements, FCC, Foreign Ownership, NPRM, Standard of Review

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Facebook Simplifies Its Promotion Guidelines

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions through…more

Contests & Promotions, Facebook, Mobile Apps, Social Media

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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, Data Privacy, De Minimus Quantity Exemption

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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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Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,…more

Administrative Appeals, Administrative Procedure Act, Clean Water Act, EPA, Hawkes Co v United States Army Corps of Engineers

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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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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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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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Immigration Law Update

The filing period for the fiscal year 2016 H-1B visa cap commences on April 1, 2015. It is expected, as has happened the last several years, that there will be a lottery based on submissions received the first week of the filing…more

Barack Obama, DACA, DAPA, Executive Orders, Filing Season

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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, 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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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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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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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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Preparing for the SEC’s Increased Pursuit of Compliance Officers

The SEC’s recent aggressive enforcement posture against chief compliance officers has raised many concerns, including whether the SEC’s actions are actually chilling robust compliance efforts. To protect themselves against SEC…more

ALJ, Broker-Dealer, Chief Compliance Officers, Corporate Counsel, Enforcement Actions

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TCPA Litigation Newsletter - April 2015

In This Issue: - TCPA Litigation And Regulatory Interpretation - Class Certification - Settlements - Insurance Coverage - Excerpt from TCPA Litigation And Regulatory Interpretation: In…more

AT&T Mobility, Capital One, Class Action, Dish Network, JPMorgan Chase

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Third Quarter 2014: States Expanding Data Breach Notification Requirements

California, Florida, Kentucky, and Iowa have changed their security breach notification requirements in the past few months: California passed legislation effective January 1, 2015, that for the