Perkins Coie

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
| Franchise Law, Labor & Employment Law

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
| Franchise Law, Labor & Employment Law

Federal Court Stops Clean Water Act Rule from Going into Effect in 13 States

On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal jurisdiction…more
| Environmental Law, Zoning, Planning & Land Use

Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data Security

Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to challenge…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

The Ninth Circuit Holds Transfer of Water in Klamath River Basin Does Not Require Clean Water Act NPDES Permit

On August 21, 2015, the Ninth Circuit Court of Appeals affirmed an Oregon district court’s ruling that a Clean Water Act National Pollutant Discharge Elimination System permit is not required for the discharge of water from one…more
| Environmental Law, Zoning, Planning & Land Use

California Makes it Easier to Transfer Insurance Coverage Rights

Last week, the California Supreme Court ruled in Fluor Corp. v. Superior Court, No. S205889, 2015 WL4938295 (Cal. 2015), that an insurer is precluded from refusing to honor an insured’s assignment of rights for past losses that…more
| Commercial Law & Contracts, Insurance

Food Litigation Newsletter - August 2015

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All…more
| Administrative Law, Commercial Law & Contracts, Communications & Media Law, Conflict of Laws, Consumer Protection

Victory for California Policyholders

Last week, the California Supreme Court ruled in Fluor Corp. v. Superior Court, No. S205889, 2015 WL4938295 (Cal. 2015), that an insurer is precluded from refusing to honor an insured’s assignment of rights for past losses that…more
| Commercial Law & Contracts, Insurance

Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

A California appellate court has ruled that inadvertent disclosure of documents containing attorney-client communications in response to a Public Records Act request does not result in a waiver of the privilege. Newark Unified…more
| Administrative Law, Civil Procedure, Zoning, Planning & Land Use

Bitcoin Week in Review – 08.06.15 – 08.13.15

Vermont. Early this month, Vermont’s governor formally asked a broad coalition of stakeholders to consider whether blockchain technology could be used to help manage state records. While still in its investigative stage,…more
| Finance & Banking, Science, Computers, & Technology

Federal District Court Strikes Down Eagle Act Rule

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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
| Civil Procedure, Government Contracting

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of…more
| Constitutional Law, Environmental Law, Indigenous Peoples, Transportation, Zoning, Planning & Land Use

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
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

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
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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131 S Dearborn Suite 1700
Chicago, Illinois 60603, United States

Contact: Sarah DiCaro

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