Davis Wright Tremaine LLP

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920 Fifth Avenue
Suite 3300
Seattle, Washington 98104, United States
Phone: 206-622-3150
Areas Of Practice
  • Agriculture
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • New York
  • Oregon
  • Washington
Number of Attorneys
600+ Attorneys

Is Software Patentable?

The short answer is "no, but yes." This post explains why and illuminates how software, apps, and computer-related products can be protected by patents. Asking and Answering the Right Question - When people ask "is software…more

Inventors, Mobile Apps, Patent-Eligible Subject Matter, Patents, Software

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DABUS Will Need to Wait—U.S. District Court Affirms USPTO's Denial of AI System as Inventor

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for…more

Artificial Intelligence, Inventors, Patents, USPTO

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Recurring Online Subscriptions Face a New Arbitration Standard in California

In a case of first impression, the California Court of Appeal, Fourth District (San Diego), considered "under what circumstances a 'sign-in wrap' agreement … is valid and enforceable" between consumers and online companies that…more

Arbitration, Automatic Renewals, Consumer Contracts, Contract Terms, Online Contracts

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DOE Working Toward a More Efficient Permitting Review Process for Transmission Projects

It's a no-brainer that we need to modernize the grid to tap the potential of renewable energy and the electrification transition as well as maintain reliability and resilience in the face of extreme weather conditions. Major…more

Department of Energy (DOE), Notice of Proposed Rulemaking (NOPR), Permits, Proposed Rules, Renewable Energy

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California Legislates New Rules for Firearm and Production Set Safety | Insights

The tragic death of cinematographer Halyna Hutchins on the set of "Rust" in October 2021 led studios and labor representatives to immediately commence negotiations with respect to safety protocols on film and television sets. On…more

Cal-OSHA, Enforcement, Firearms, Motion Picture Industry, New Legislation

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OSHA Vaccine Mandate Update: Supreme Court Blocks Mandate for Businesses, But Allows Healthcare Worker Rule to Be Enforced

On January 13, 2022, the U.S. Supreme Court blocked implementation of the Occupational Safety and Health Administration's (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that applied to U.S. employers…more

Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA, SCOTUS

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Where’s the (TCPA) Harm in That?

Following the U.S. Supreme Court’s ruling in Spokeo v. Robins that plaintiffs must allege a concrete and particularized injury to meet Article III standing requirements, federal district courts across the country are beginning…more

Article III, Corporate Counsel, Debt Collection, Injury-in-Fact, Robocalling

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What the Supreme Court's Mallory Ruling Means for Businesses

On Tuesday, the U.S. Supreme Court resurrected the consent-by-registration theory of personal jurisdiction. Under the Court's decision in Mallory v. Norfolk Southern Railway Co., a state can require out-of-state businesses to…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Supreme Court Clarifies Standard for Undue Hardship for Religious Accommodations

Employers must consider a new, more rigorous standard before concluding that a proposed accommodation for a religious belief or practice presents a new hardship, following the U.S. Supreme Court's ruling in Groff v. DeJoy. No…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Information Blocking Enforcement Is Here – Are You Ready?

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced its final rule (the Enforcement Rule) implementing the information blocking penalties created by the 21st Century Cures Act that…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

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California Makes It Easier for Employees to Recover on Whistleblower Retaliation Claims

In Lawson v. PPG Architectural Finishes, Inc., a unanimous California Supreme Court strengthened whistleblower protections in the state by holding that whistleblower claims brought by an employee (or former employee) are to be…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Retaliation, Whistleblowers

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Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers

The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on U.S…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Cloud Service Providers (CSPs), Cybersecurity, IaaS

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ASBCA Lays Out Rules of Contract Interpretation at Summary Judgment

The standard for summary judgment is well-settled in federal litigation: construing all facts in the light most favorable to the non-moving party, summary judgment is properly granted only when there are no genuine issues of…more

Armed Services Board of Contract Appeals, Federal Acquisition Regulations (FAR), Federal Contractors, Summary Judgment

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FERC Authorizes Targeted Utility Incentive Rate Options for Advanced Cybersecurity Investments

With Order No. 893, Commission Continues to Prioritize Regulations to Improve Electric Grid Reliability - Cyberattacks continue to threaten the reliability of the electric grid. In response to a congressional directive to…more

Cybersecurity, FERC, Incentives, Notice of Proposed Rulemaking (NOPR), Power Grid

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First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under…more

Compliance, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumers, Data Privacy

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HHS Reveals Strategy for Addressing Healthcare Sector Cybersecurity

The U.S. Department of Health and Human Services ("HHS") issued a concept paper describing its overarching strategy to address healthcare cybersecurity. The concept paper builds on the Biden-Harris Administration's National…more

Cybersecurity, Department of Health and Human Services (HHS), Enforcement, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Project W: Q&A with Nimra Azmi

As a media litigator at Davis Wright Tremaine, Nimra Azmi knows the power of words. Nimra uses words to tell the stories of powerful Muslim women and to share the beauty and complexity of Islamic culture in her debut novel Every…more

Diversity, Heritage & Culture

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PRC Regulation on Internet-Based Live Broadcasting Businesses

On Sept. 2, 2016, the General Administration of Press Publication Radio, Film and Television of the People’s Republic of China (the “GAPP”) released the Circular on Several Issues for Strengthening the Administration of…more

Broadcasting, China, Live Streaming

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Family Business Law Basics: Choosing a Name

Setting up your family business correctly allows you to hit the ground running and prevent major issues from popping up down the road. To that end, DWT's Family Business Resource Center is running a series of articles to provide…more

Business Formation, Family Businesses, Trademark Registration, Trademarks

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Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit Deepfakes

In the Empire State, the right of publicity remains alive and well—including (soon) for celebrities who are, well, no longer alive. New York has expanded its nearly 120-year old statutory regime to provide a post-mortem right of…more

Celebrities, Commercial Use, Deceased, Deep Fake, Governor Cuomo

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[Webinar] AI, Big Data, and Cloud Conference - November 17th, 12:00 pm - 2:45 pm PT

Please join us for our annual exploration of cutting-edge legal, business, and technology issues in Artificial Intelligence, Big Data and the Cloud as these sectors become the most active and important for technology law and…more

Artificial Intelligence, Big Data, Biometric Information, California Consumer Privacy Act (CCPA), Cloud Service Providers (CSPs)

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No Surprises Act: Washington State Rethinks IDR Transition Amid Federal Court Showdown

Washington State's Office of the Insurance Commissioner (OIC) is delaying its transition to the federal No Surprises Act (NSA) Independent Dispute Resolution (IDR) process for at least six months. As a result of this decision,…more

Billing, Dispute Resolution, Health Care Providers, Health Insurance, Healthcare

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First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under…more

Compliance, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumers, Data Privacy

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UPDATE: NLRB Continues Its Full-Court Press on Collegiate Athletics – Inside the Dartmouth Unionization Decision

UPDATE: The men's basketball team at Dartmouth voted Tuesday, March 5, to unionize – a first in college sports history. We wrote about the labor decision that led to Tuesday's union vote, as well as takeaways for private…more

Alston v NCAA, Basketball, College Athletes, Colleges, NLRA

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DOJ Announces Tougher Stance on Corporate Criminal Enforcement

On October 28, 2021, Deputy Attorney General Lisa Monaco announced new policies from the U.S. Department of Justice (DOJ) related to corporate and white-collar enforcement actions. Based on these new DOJ policies, corporations…more

Compliance, Criminal Investigations, Department of Justice (DOJ), Enforcement Actions, White Collar Crimes

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State of Commercial AI Contracts – Software, Cloud Services, and Beyond . . .

While most are not as newsworthy as AI that summons your car or delivers your package, AI services are already widely used behind the scenes by businesses worldwide…more

Artificial Intelligence, Cloud Computing, Technology Sector

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Project W: Cage the Rage – Going from Anger to Action

To choose to become a startup founder, they say you have to be a little bit crazy. As a former founder myself and an advocate for entrepreneurs, I like to think it's a good kind of crazy. To go out on a limb and start a startup,…more

Bias, Early Stage Companies, Economic Downturn, Entrepreneurs, Investors

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Sixth Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” is Protected Opinion

In a helpful decision for online publishers of rankings and ratings, the Sixth Circuit Court of Appeals held that a travel website’s annual top-ten list of the dirtiest hotels in the United States, based on data compiled from…more

First Amendment, Free Speech, Hotels, TripAdvisor

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SECURE and CARES Amendments Deadline Postponed But Plans Should Still Review Year-End Needs

When the SECURE Act was passed in late 2019 and the CARES Act in Spring 2020, retirement plans were expected to adopt appropriate amendments by the end of 2022. While the IRS in Notice 2022-33 and Notice 2022-45 extended the…more

CARES Act, Employee Benefits, IRS, Required Minimum Distributions, Retirement Plan

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Converting Your Family Business Entity: Why Convert?

Contrary to popular belief, the legal structure of your business is not permanent and can change to meet the needs of your evolving family business. Your family business's legal structure plays a role in determining your tax…more

Choice of Entity, Corporate Governance, Family Businesses, Partnerships, Sole Proprietorship

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U.S. Department of Justice Report Outlines Key Action Items to Address Criminal Activity Related to Digital Assets

A U.S. Department of Justice (DOJ) report released on September 16, 2022, will have a significant impact on the U.S. Government's ability to investigate and prosecute offenses involving digital assets…more

Blockchain, Criminal Prosecution, Cryptocurrency, Department of Justice (DOJ), Digital Assets

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SEC Issues Four Proposals with Potentially Broad Ramifications on Equity Market Structure

The Securities and Exchange Commission ("SEC" or the "Commission") issued four sweeping proposals on December 14, 2022, covering a broad range of market structure and regulatory issues facing the equities markets. The four…more

Broker-Dealer, Disclosure Requirements, Proposed Amendments, Proposed Rules, Securities and Exchange Commission (SEC)

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Oregon Health Authority's COVID-19 Vaccine Rule for Healthcare Providers and Staff

Effective September 30, 2021, a new rule issued by the Oregon Health Authority (OHA) will require either 1) proof of vaccination or 2) weekly COVID-19 testing for all "Healthcare Providers" and "Healthcare Staff" working in any…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Workers, Vaccinations, Workplace Safety

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FTC Articulates Consumer Privacy Concerns – Potential Misuse of Biometric Information and Technologies

On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and data…more

Biometric Information, Data Collection, Data Security, Deep Fake, Facial Recognition Technology

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Washington Employers Soon Must Describe Salary Ranges and Benefits in Job Postings

Beginning on January 1, 2023, Washington employers with 15 or more employees must include salary ranges and a general description of "all of the benefits and other compensation to be offered" in all job postings. This new…more

Employer Liability Issues, Job Ads, Posting Requirements, State Labor Laws, Wage and Hour

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CPPA Solicits Comments on Cyber Audits, Risk Assessment and AI Tech

The California Privacy Protection Agency ("CPPA" or "Agency") is seeking preliminary comments on proposed rulemaking for risk assessments and cybersecurity audits for higher-risk data processing activities, and consumer rights…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Cybersecurity, Data Privacy

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Who is Caring for WA Cares? Part 3: Unconstitutional Income Tax or Excise Tax?

Constitutional question follows the Washington Supreme Court's recent capital gains decision - As discussed in Parts 1 and 2 of our advisory series, Washington State's Long-Term Services and Supports Trust Program ("WA…more

Excise Tax, FICA Taxes, Income Taxes, Paid Family Leave Law, Social Security Act

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SCOTUS Limits Reach of Computer Fraud and Abuse Act: Nefarious Reasons Are Not Enough for Criminal Liability

Last week, the U.S. Supreme Court resolved an important question about the meaning of provisions prohibiting "unauthorized access" or "exceeding authorized access" to computer systems and databases under the Computer Fraud and…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Delaware Formally Adopts Proposed Statutory Amendments Governing Mergers Following the Completion of a Tender Offer

The governor of Delaware recently signed into law previously proposed amendments to Section 251(h) of the Delaware General Corporation Law (“DGCL”), which make Section 251(h) more accessible to deal parties by..…more

Delaware General Corporation Law, Merger Agreements, New Amendments, Shareholders, Stocks

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QPRTs: Take Advantage of Efficient Wealth Transfers While Rates Are Higher

In a high interest environment, a QPRT ("Qualified Personal Residence Trust") is a great tax strategy with a statutory basis, supported by both the Internal Revenue Code and its Regulations, that can allow taxpayers to make a…more

Estate Planning, Estate Tax, Gift Tax, Interest Rates, Internal Revenue Code (IRC)

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Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers

The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on U.S…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Cloud Service Providers (CSPs), Cybersecurity, IaaS

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The Revisit: Our Take on the U.S. Banking Agencies' Regulatory Capital Revamp

On July 27, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (collectively, FBAs) issued their long-awaited proposal…more

Banks, Data Collection, Dodd-Frank, EGRRCPA, FDIC

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Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces…more

Artificial Intelligence, Automation Systems, Hospitality Industry, Layoffs, Machine Learning

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2017 Oregon Update: Oregon Courts Fill in Holes Left in Anti-SLAPP Proceedings

The development of Oregon’s anti-SLAPP law in 2017 resembles the progress of salmon headed upstream in Oregon rivers: slow, but definitely steady. It appears from an informal survey that more anti-SLAPP special motions to strike…more

Anti-SLAPP, Defamation, Motion to Dismiss, Motion To Strike

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Understanding AAFCO's New Model Pet Food Regulations

With a history spanning more than a century, the industry organization Association of American Feed Control Officials (AAFCO) has been leading the charge on setting ingredient definitions, labeling standards, and laboratory…more

Advertising, Animal Health, Food Labeling, New Regulations, Pets

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California Privacy Protection Agency Posts Preliminary Proposed Regulations

The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA, NLRB

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[Webinar] Hot Topics in Fair Servicing - April 13th, 11:00 am - 12:00 pm PT

The national and administrative focus on advancing racial equity and support for underserved communities keeps fair servicing in the foreground as a top priority for mortgage servicers. In this webinar, you’ll hear from a panel…more

Appraisal, Best Practices, Bias, Borrowers, Continuing Legal Education

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Commerce/BIS Issues New Resource To Facilitate Antiboycott Compliance

On March 28, 2024, the Department of Commerce's Bureau of Industry and Security (BIS) published a new resource for companies, freight forwarders, financial institutions, and others to help them comply with the U.S. antiboycott…more

Antiboycott Requirements, Bureau of Industry and Security (BIS), Compliance, Export Administration Regulations (EAR), Office of Antiboycott Compliance (OAC)

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Alaska Becomes Latest to Sue for PFAS Damages

The state of Alaska has thrown its hat into the ring of state and local governments suing designers, manufactures, and distributors for damages arising from per- and polyfluoroalkyl substance (PFAS) contamination…more

Alaska, Asbestos, Contamination, Mesothelioma, PFAS

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San Francisco Grocery Store and Pharmacy Workers Now Entitled to COVID-19 Hazard Pay

On March 9, 2021, the San Francisco Board of Supervisors approved the COVID-Related Hazard Pay Ordinance, which became effective March 22, 2021…more

Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores, Hazard Pay

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DOJ Adopts Accessibility Requirements for State and Local Government Websites and Mobile Apps

On April 8, 2024, the U.S. Department of Justice (DOJ) issued a final rule under Title II of the Americans with Disabilities Act (ADA) establishing specific requirements for making websites and mobile apps offered by state and…more

Advanced Notice of Proposed Rulemaking (ANPRM), Americans with Disabilities Act (ADA), Compliance, Deadlines, Department of Justice (DOJ)

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In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the First…more

Actual Malice, Counterman v Colorado, Criminal Liability, Cyber-Stalking, Dissenting Opinions

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Food Venture Financing News - Weekly Issue No. 112

Food Venture Financing Trends - Ghost Financial, a platform that provides financing for ghost kitchen operators, announced that it will provide $100 million in financing and customized insurance for Cruising Kitchens, a…more

Food Manufacturers, Private Equity, Private Equity Funds

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Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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"Ladies' Night" Promotions Violate California Law

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a…more

Americans with Disabilities Act (ADA), Discounts, Discrimination, Hospitality Industry, Protected Class

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A New Era for U.S. Export Controls and Human Rights?

On March 30, 2023, the United States and over 20 additional Subscribing States released a "Code of Conduct for Enhancing Export Controls of Goods and Technology That Could be Misused and Lead to Serious Violations or Abuses of…more

Bureau of Industry and Security (BIS), Censorship, Code of Conduct, Commerce Control List, Enforcement

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Oregon OSHA to Enforce Statewide Face Coverings Rule

Starting July 1, 2020, all Oregonians over age 12 are required to wear a face covering in public indoor spaces and certain businesses to slow the spread of COVID-19 in the state. According to Governor Kate Brown, the state’s…more

Coronavirus/COVID-19, Governor Brown, OSHA, Personal Protective Equipment, Public Health

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Obfuscating Mercy: How the California Supreme Court Finally Addressed Secretive Pardons

In May of 2021, the California Supreme Court in Administrative Order 2021-05-26 announced a rule change to make it easier for the public to view clemency files for twice-convicted felons. The new rule rejects the decades-old…more

CA Supreme Court, Convictions, Governor Pardons, Sealed Records

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Get Ready for 2024: Review Overtime Exemptions and Pay Plans for Sales Employees

Now is the time to review overtime exemptions and pay plans for sales employees to be ready for 2024. The changing tech economy has created a class of sales employees who may not fit traditional overtime exemptions. Moreover,…more

Attorney's Fees, Compliance, Double Damages, Employer Payment Plans, Exemptions

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Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Internet Service Providers (ISPs)

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New Form I-9 Required by November 1 for New Hires and Reverifications

Starting November 1, 2023, employers must use a new version of the Form I‑9 to verify the employment eligibility of their employees. The new form, with an edition date of 08/01/23, is reduced to one page from two pages. The…more

Department of Homeland Security (DHS), E-Verify, Employees, Employer Liability Issues, Employment Authorization Documents (EAD)

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Washington’s New Biometric Privacy Law: What Businesses Need to Know

With the rise in hackings and data breaches, companies and government agencies are looking for ways to protect their data that offer more security than passwords. Because passwords are easily lost, stolen, guessed, and cracked…more

Biometric Information, Data Collection, Data Privacy, Data Protection, Popular

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U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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California Poised to Empower Charter Banks to Bank Cannabis Money (SB 51)

The California legislature is currently considering a first-of-its kind urgency bill, SB 51, the “Cannabis Limited Charter Banking and Credit Union Law.” The law would empower privately insured charter banks and credit unions to…more

Banking Sector, Decriminalization of Marijuana, Financial Institutions, Financial Services Industry, Marijuana

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California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take…more

Arbitration, California, Cannabis Products, Civil Monetary Penalty, Coronavirus/COVID-19

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USDOL Publishes Temporary Regulations Interpreting FFCRA

On April 1, 2020, contemporaneous with the effective date of the Families First Coronavirus Response Act (FFCRA or the Act), the Department of Labor (USDOL) published temporary regulations concerning interpretation and…more

Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA), Paid Leave

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More Time for Filing Comments on Proposed HIPAA Changes

The U.S. Department of Health and Human Services (HHS) recently announced a 45-day extension of the comment period for proposed changes to the HIPAA Privacy Rule. The deadline for submitting comments now has been pushed from…more

Comment Period, Department of Health and Human Services (HHS), Extensions, Health Insurance Portability and Accountability Act (HIPAA), Information Governance

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Protecting Online Games in China

With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts against…more

China, Copyright, Infringement, Online Gaming, Preliminary Injunctions

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New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions…more

Antitrust Provisions, Attorney General, Hart-Scott-Rodino Act, Health Care Providers, Hospitals

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Biden Signs Historic Climate Legislation

The Inflation Reduction Act of 2022 (IRA) signed by President Biden on August 16, 2022, features $369 billion of incentives to dramatically reduce U.S. greenhouse gas (GHG) emissions. Future blog posts will analyze individual…more

Biden Administration, Climate Change, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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9th Circuit Sets Phasers on Star Trek-Seuss Mash-Up

On December 18, 2020, a panel of the 9th Circuit held that the creators of a Star Trek/Dr. Seuss "mash-up" ventured beyond the edge of the fair-use universe by taking too much of Dr. Seuss's iconic illustrations. Dr. Seuss…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Trademarks

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Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of fair…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

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FERC's Notice of Proposed Rulemaking Leads a Trio of Issuances on Inverter-Based Resources

The Federal Energy Regulatory Commission (FERC) is proposing new reliability requirements that will apply to renewable and storage resources. On November 17, 2022, FERC issued a Notice of Proposed Rulemaking ("NOPR") to address…more

Electricity, Energy Sector, FERC, NERC, Power Grid

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U.S. Travel & Visa Application Restrictions Connected to Coronavirus

President Trump has issued a Proclamation suspending entry into the United States for certain persons who pose a risk of transmitting the 2019 Novel Coronavirus…more

Centers for Disease Control and Prevention (CDC), Infectious Diseases, Travel Ban, Trump Administration, USCIS

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FCC Confirms Most In-Kind Contributions Are Franchise Fees, Curtails Regulation and Taxation of Internet Services on Mixed-Use Systems

On August 1, 2019, the Federal Communications Commission (FCC) ruled that most non-cash (in-kind) assessments required by cable franchises constitute franchise fees subject to the 5% cap under the Communications Act…more

Cable Operators, Cable Television Providers, FCC, Franchise Agreements, Franchises

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What the Supreme Court's Mallory Ruling Means for Businesses

On Tuesday, the U.S. Supreme Court resurrected the consent-by-registration theory of personal jurisdiction. Under the Court's decision in Mallory v. Norfolk Southern Railway Co., a state can require out-of-state businesses to…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Consumer Financial Protection Bureau Begins Accepting Consumers’ Money Transfer Complaints

Noting that “[i]t’s pretty incredible that you can quickly send money to almost anywhere in the country or abroad,” the Consumer Financial Protection Bureau (“CFPB”) recently announced it has begun accepting consumer complaints…more

Consumer Complaint System, Consumer Financial Protection Bureau (CFPB), Money Transfer

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SEC Proposes Host of New Rules for Data Security, Cybersecurity, and IT Resilience

The Securities and Exchange Commission (SEC or Commission) voted on March 15, 2023, to propose three new sets of rules for data security, cybersecurity, and IT operational resilience. The newly proposed rules would, among other…more

Cybersecurity, Data Breach, Data Privacy, Data Security, Gramm-Leach-Blilely Act

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Claims Must Be Substantiated — It Seems So Obvious, but the Who, What, Where, and How Is Not Always So Clear

When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem…more

Advertising, Clinical Trials, Evidence, False Advertising, Federal Industry Standards

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CFTC’s Annual Enforcement Results Include Notable and Novel Cases

The Commodity Futures Trading Commission ("CFTC") recently released its enforcement results for Fiscal Year 2022 ("FY 2022"). In addition to detailing the recovery of over $2.5 billion in restitution, disgorgement, and civil…more

CFTC, Commodity Exchange Act (CEA), Corporate Counsel, Cryptocurrency, Decentralized Autonomous Organization (DAO)

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New $20 Minimum Wage Requirement for California Fast Food Workers Coming April 1, 2024

Beginning April 1, 2024, California's minimum wage for fast food employees will increase to $20 per hour. This change is the result of Governor Newsom signing AB1228 (also known as the Fast Food Franchisor Responsibility Act)…more

California, Employer Liability Issues, Fast-Food Industry, Minimum Wage, NAICS

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Supreme Court Is Positioned To Consider The Future Of The First Amendment Online

A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue…more

First Amendment, Free Speech, Online Platforms, Political Speech, Public Forum

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SEC's Charges Against SolarWinds and Its CISO Highlight Emerging Risks for Public Companies, Security Professionals

The U.S. Securities and Exchange Commission ("SEC") has charged SolarWinds Corp. (SolarWinds) and the company's chief information security officer ("CISO") with securities fraud and violations of internal controls requirements…more

Anti-Fraud Provisions, Chief Information Security Officer (CISO), Cybersecurity, Enforcement Actions, Governance Standards

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Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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CARES Act Funding and Support for Telehealth

As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress appropriated significant funding for a number of telehealth programs and initiatives, including funding for programs administered by the Federal…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), FCC, Health Care Providers

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OSHA Inspectors Granted Authority to Require Employers to Permit Third Parties Onsite During Safety Inspections

Effective May 31, 2024, OSHA will have additional authority to permit third parties, including union representatives, to join OSHA inspectors during onsite walkaround inspections at employer facilities, including non-union…more

Department of Labor (DOL), Labor Inspectors, New Rules, OSHA, Safety Inspections

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Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a…more

Health Care Providers, Rest and Meal Break, Wage and Hour, Wage Orders, Waivers

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How Might EV Charging Impact the Bulk Power System? NERC Issues Findings and Solutions

On February 8, 2024, the North American Electric Reliability Corporation ("NERC") published a white paper titled "Potential Bulk Power System Impact of Electric Vehicle Chargers." The White Paper informs electric vehicle ("EV")…more

Charging Stations, Electric Vehicles, Electricity, NERC, Power Grid

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FTC Updates 2024 Thresholds for HSR and Interlocking Directorates

The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976…more

Acquisitions, Antitrust Division, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate

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CFTC Requests Comments on the Use of Artificial Intelligence

On January 24, 2024, the CFTC's newly formed AI Task Force announced the issuance of a request for comment (RFC) on the current and potential uses and risks of artificial intelligence (AI) in the derivatives markets the CFTC…more

Artificial Intelligence, Automation Systems, Bots, CFTC, Comment Period

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Time for Employers to Review and Update Employee Handbooks (Again)

Union and non-union employers could face an uphill climb defending well-intentioned workplace rules under the new framework issued by the National Labor Relations Board ("NLRB") in its long-awaited decision in Stericycle, Inc…more

Boeing, Employee Handbooks, Employer Liability Issues, Employment Policies, NLRA

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New York State to Require Written Agreements for Independent Contractors

Businesses in New York will soon need to provide written agreements to many "freelancers" under a new law recently signed by Governor Kathy Hochul. The "Freelance Isn't Free Act," which will become effective on May 20, 2024,…more

Enforcement, Independent Contractors, New York, NYDOL, Payment Systems

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2022 EEO-1 Reporting Period Now Open

Employers nationwide should be aware that the long-delayed 2022 EEO-1 reporting period opened October 31, 2023. The deadline for filing 2022 EEO-1 Component 1 data is December 5, 2023, though employers are encouraged to file…more

Data Collection, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Filing Deadlines

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SECURE 2.0: New Year, New Rules For Retirement Plans

SECURE 2.0 became law on December 29, 2022. It has something for all retirement plans, and its provisions should be reviewed by all retirement plan sponsors. It aims to increase retirement savings and expand retirement coverage…more

401k, 403(b) Plans, Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions

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Can a Startup Pay a Transaction-Based Fee or Commission to Someone Who Helps Raise Capital?

We can't tell you how often we are presented with this question. For the most part, the answer is a clear "no," but why is that? The short answer is that—except under certain limited circumstances—it is likely illegal, it may…more

Broker-Dealer, Early Stage Companies, Fees, Finder's Fees, Finders

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Does the Government CARE? The ASBCA Believes It Should

Under its contract with the Air Force, Aviation Training and Consulting LLC ("ATC") "operates, maintains, supports, and upgrades the Air Force's training systems (or trainers) for B-52 bombers." As did many responsible…more

Armed Services Board of Contract Appeals, CARES Act, Contract Disputes Act, Coronavirus/COVID-19, Indemnification

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Oregon's PFML Program Is Going Live Soon – What Employers Need to Know

Eligible employees may receive benefits under Oregon's paid family and medical leave (PFML) program starting September 3, 2023. Many Oregon employers and employees still have questions about this PFML program and how it…more

Employee Benefits, Oregon, Paid Family Leave Law, Reinstatement

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Another Court Limits Discovery Protections for Digital Forensic Investigations

A recent magistrate decision from the Middle District of Pennsylvania adds to the growing body of cases limiting discovery protection for forensic reports and other materials prepared in response to a data security incident…more

Attorney-Client Privilege, Corporate Counsel, Disclosure, Discovery, Forensic Examination

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Senator Manchin's Permitting Reform Bill Could End Debate Over Who Regulates Hydrogen Pipelines

Buried toward the end of the 91-page bill unveiled by Senator Manchin on September 21, 2022, is a small but significant provision amending the Natural Gas Act's (NGA) definition of natural gas to include "hydrogen mixed or…more

Energy Sector, FERC, Hydrogen Power, Natural Gas, Natural Gas Act

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Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human…more

Breach Notification Rule, CARES Act, Civil Monetary Penalty, Confidentiality Policies, Consent Agreements

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[Ongoing Program] Healthcare Regulatory and Compliance Seminar: Telehealth, and Government Investigations of Health Care Providers - March 24th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance. This year’s seminar will take place virtually on March 15, March 17, March 22, and…more

Antitrust Violations, Business Development, CEOs, CFOs, Chief Compliance Officers

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January Surprise: Court Ruling on Post-Employment Restrictive Covenants in Delaware

Equity and capital forfeiture for competition provisions given less scrutiny than other post-employment restrictive covenants - Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme Court…more

Competition, DE Supreme Court, Employer Liability Issues, Employment Contract, Employment Litigation

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Washington's 2021 Emergency Standard on Employee Exposure to Wildfire Smoke

The Washington Department of Labor & Industries has issued a new wildfire smoke emergency rule. Washington is one of a few states to do so, explicitly recognizing wildfire smoke as a potential health hazard to employees. The…more

Air Quality Standards, Employees, Employer Responsibilities, Wildfires, Workplace Hazards

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Bona Fide Market Making Activity Should Include Trading Interest Other Than Quotations

As part of a recent rulemaking, the Securities and Exchange Commission ("Commission" or "SEC") adopted Rule 3a5-4 to include certain liquidity providers within the meaning of the phrase "as a part of a regular business" in the…more

Incentives, Investors, Liquidity, Market Making, Marketing

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Waymo and Cruise Receive CPUC Authorizations to Collect Fares for Autonomous Vehicle Rides in San Francisco

On August 10, 2023, the California Public Utilities Commission (CPUC) voted 3-1 to approve Resolution TL-19144 and Resolution TL-19145 (the "Resolutions") authorizing Waymo LLC (Waymo) and Cruise LLC (Cruise), respectively, to…more

Americans with Disabilities Act (ADA), CPUC, DMV, Driverless Cars, Motion To Stay

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Stay ADvised: What's New This Week

Truth In Advertising Says “Your Super” Is Running Afoul of FDA - Another day, another supplement company violating FDA rules, at least according to a recent investigation conducted by TruthInAdvertising.org (TINA)…more

Advertising, Dietary Supplements, Digital Advertising Alliance, Federal Trade Commission (FTC), Food and Drug Administration (FDA)

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Washington Supreme Court Clarifies and Likely Expands State and Local Regulatory Power in Pair of Housing Decisions

Washington’s Supreme Court published a pair of opinions last Thursday that are likely to give much wider berth to state and local policymakers across the field of land use and environmental regulation…more

Criminal Records, Due Process, Landlords, Rental Property, Tenants

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2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will not…more

Functional Equivalent, Patent Infringement, Patent Litigation, Patents

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New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

In a substantial narrowing of the public’s ability to review court files, the Washington Supreme Court has held there is no constitutional right of access to any case record unless and until the record becomes “relevant to a…more

Discovery, Right of Access, Sealed Records

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Ninth Circuit: Mortgage Underwriters Are Not Exempt

The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters who worked for Provident Savings Bank were not “administrative employees,” and thus did not qualify for exemption from the overtime…more

Exempt-Employees, Fair Labor Standards Act (FLSA), Mortgage Servicers, Mortgages, Over-Time

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[Webinar] Paths and Pitfalls on the Road to AI in Healthcare - July 18th, 11:00 am - 12:00 pm PT

Artificial intelligence-driven technology is transforming nearly everything that we can see and touch, with great promise for the healthcare industry. This webinar will explore the promise, pitfalls and other key considerations…more

Artificial Intelligence, Continuing Legal Education, Health Care Providers, Health Technology, Machine Learning

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CDPH Adopts New Adverse Event Reporting Regulations for General Acute Care Hospitals and Acute Psychiatric Hospitals

The California Department of Public Health (CDPH) adopted new regulations for General Acute Care Hospitals and Acute Psychiatric Hospitals, effective January 1, 2022. The regulations are intended to improve patient care, reduce…more

CDPH, Hospitals, Reporting Requirements

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Recent Stark Developments: A Moving Target Where a Miss is as Good as a Mile

The federal physician self-referral ban or Stark law has been a part of the legal landscape for almost 25 years. The breadth of the law’s prohibitions, its strict liability formulation and draconian remedies have made it the…more

BPCI, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Healthcare, Hospitals

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CFPB Officially Takes Aim at Credit Card Late Fees

The Consumer Financial Protection Bureau (CFPB or Bureau), under Director Chopra, is moving toward placing new restrictions on fees for the late payment of credit card debts. The proposed rulemaking represents a continuation of…more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Late Fees, Regulation Z, Truth in Lending Act (TILA)

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Coronavirus: Food Safety Readiness

As news about coronavirus (COVID-19) infections and mortality rates continue to evolve, many in the food and beverage industry are wondering what can be done to ensure workplace safety and employee health while also minimizing…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Food Safety, Health and Safety, Infectious Diseases

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Coronavirus: Food Safety Readiness

As news about coronavirus (COVID-19) infections and mortality rates continue to evolve, many in the food and beverage industry are wondering what can be done to ensure workplace safety and employee health while also minimizing…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Food Safety, Health and Safety, Infectious Diseases

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On Eve of Trial, Gizmodo Wins Dismissal of Ex-Trump Staffer’s Libel Suit – Fair-Report Privilege Bars Claims

In the fall of 2018, former communications head for President Donald Trump’s campaign, Jason Miller, filed a defamation claim in the U.S. District Court for the Southern District of Florida against Gizmodo Media Group LLC,…more

Defamation, Dismissals, Libel, Motion to Dismiss

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Rarely Used "Constructive Termination for Convenience" Argument Disposes of Contractor Claim

In a recent Court of Federal Claims decision, JKB Solutions and Services, LLC v. U.S., Nr. 19-1290C (October 16, 2020), the court held on summary judgment that the government constructively terminated an IDIQ contract for its…more

Army, Contract Termination, Contractors

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U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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State Banking Supervisors Clarify Cybersecurity Expectations for Nonbank Financial Institutions

Entities that offer financial services to businesses and consumers but do not hold deposits for their customers now have clear guidance on what they should be doing to protect their networks' customers from cyberattacks and…more

Banking Sector, Cybersecurity, Financial Institutions, Financial Services Industry, Popular

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NYSDOL Guidance and FAQs Relating to New York’s HERO Act

As set forth in our previous advisory, many employer obligations under the New York HERO Act were triggered by the New York State Department of Health's designation on September 6, 2021, of COVID-19 as a highly contagious…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Infectious Diseases, New York, NYDOL

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NLRB Restores Employers Right to Discipline Workers Promoting Unions on Work Time

Employers have long been allowed to ban employee solicitations of union support in work areas on work time, but they cannot ban general discussion of unions or protected activity. The definition of what constitutes a…more

Corporate Counsel, NLRB, Solicitation, Unions

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New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions…more

Antitrust Provisions, Attorney General, Hart-Scott-Rodino Act, Health Care Providers, Hospitals

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Libel-Proof Poster Child: Lenny Dykstra Strikes Out in Suit Against Former Mets Teammate and Book Publishers

The most elusive of legal creatures, a "libel-proof" plaintiff, has been found in New York City. And it's Lenny Dykstra—the bad boy of baseball. Former New York Mets slugger Dykstra—whose misdeeds on and off the field are…more

Actual Malice, Athletes, Defamation, Libel, Publishers

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Dispute Resolution Methods: Using a Mediator

In family businesses, where many decisions are intermingled with emotions, conflicts are inevitable. However, conflicts do not have to lead to negative consequences—they are part of human interaction and can promote efficiency…more

Arbitration, Dispute Resolution, Family Businesses, Mediation, Mediators

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FINRA's Focus on Compliance With Market Integrity Rules

FINRA's new enforcement head, Bill St. Louis, recently appeared on FINRA Unscripted, a FINRA podcast where he discussed his vision for FINRA's Enforcement Department as well as certain key regulatory issues that are under…more

Compliance, Disciplinary Proceedings, Enforcement, Financial Industry Regulatory Authority (FINRA), MSRB

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Second Circuit Affirms Dismissal of Lawyer’s Libel Suit Against New York Post

A New York Post article headlined “Hostile Mega-Lawyer Accused of Abusing Pregnant Wife,” was a fair report of a bitter custody trial, the 2nd Circuit ruled recently. Zappin v. NYP Holdings Inc., 769 F. App’x 5 (2d Cir. 2019)…more

Defamation, Dismissals, Libel, Newspapers

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Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence in…more

Artificial Intelligence, Entertainment Industry, Fair Use, First Amendment, Innovative Technology

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Claims Must Be Substantiated — It Seems So Obvious, but the Who, What, Where, and How Is Not Always So Clear

When we talk about advertising claims (e.g., on product labels, websites, social, etc.), we stress that "claims must be truthful, not misleading, and substantiated." The requirements to be "truthful and not misleading" seem…more

Advertising, Clinical Trials, Evidence, False Advertising, Federal Industry Standards

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FTC Updates 2024 Thresholds for HSR and Interlocking Directorates

The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976…more

Acquisitions, Antitrust Division, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate

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9th Circuit Rules Publicly Owned Utilities Not Exempt From Federal Antitrust Challenges Under Filed-Rate Doctrine

On January 31, 2022, the 9th Circuit Court of Appeals reversed and remanded a district court's dismissal of an antitrust challenge by a class of solar rooftop customers against their municipal utility, the Salt River Project…more

Antitrust Provisions, Antitrust Violations, FERC, Filed-Rate Doctrine, Sherman Act

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Can the CPUC Fast Charge California's Transportation Electrification Goals? It Plans to Try

California has seen significant growth in the adoption of zero-emission vehicles and charging infrastructure in recent years. Today, one in four vehicles sold in California is a zero-emission vehicle (ZEV), of which an…more

California, Capital Investments, Charging Stations, CPUC, Electric Vehicles

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Federal Court Dismisses Newsletter Subscriber’s VPPA Claim: Not a "Consumer"

Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no audio-visual content, that…more

Data Collection, Motion to Dismiss, Personal Information, Social Media, VPPA

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NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,…more

Browning-Ferris Industries of California Inc., Final Rules, Joint Employers, Liability, NLRA

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Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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Unpaid Interns May Be Entitled to Wages and EEO Protections

Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused…more

Best Management Practices, Contract Drafting, Department of Labor (DOL), Employee Rights, Employer Liability Issues

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Preliminary Injunction Blocks California Ban on Arbitration Agreements Covered by Federal Arbitration Act

On February 7, 2020, United States District Court Judge Kimberly J. Mueller issued a decision explaining her prior order blocking enforcement of California's new law restricting arbitration agreements, AB 51…more

Arbitration, Arbitration Agreements, Employment Contract, Federal Arbitration Act, Mandatory Arbitration Clauses

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California Employment Legislation Update: What’s New for 2019

A number of new and significant California employment laws have been added to the books and will take effect on January 1, 2019. Employers should take note of the following key statutory developments and adjust their policies…more

#MeToo, Board of Directors, Construction Industry, Contractors, Corporate Counsel

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DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Project W - Family and Career? That’s Not the Right Question

For most of my adult life, I have heard – and been confounded by – the never-ending discussion about whether women can have both a family and career. I've certainly engaged in my share of debates..…more

Bias, Career Development, Infrastructure, Social Welfare Organizations

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The End of the COVID-19 Public Health Emergency: Moving Forward to Reestablishing Rules and Standards

The Biden Administration has announced that the federal Public Health Emergency (PHE) for COVID-19 will expire at the end of the day on May 11, 2023. During the COVID-19 PHE, the Centers for Medicare & Medicaid Services (CMS)…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, EMTALA, Health Care Providers

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Final CCPA Amendments Awaiting Governor’s Signature – and a New Ballot Initiative Is in the Works

On September 13, the California legislature passed six bills that would amend the California Consumer Privacy Act (CCPA). Governor Gavin Newsom has one month to decide whether to sign them into law…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

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CFPB Releases Analysis of 'Abusive' Practices in the Financial Services Marketplace

On April 3, 2023, the Consumer Financial Protection Bureau ("CFPB" or the "Bureau") published a policy statement on abusiveness in the financial services marketplace. The statement summarizes actions taken by government…more

Abusive Acts, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry

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California’s 2020 Minimum Wage Increase to Affect Exempt and Nonexempt Employees (Updated)

UPDATE: A reminder that on July 1, 2020, the minimum wage will increase in the jurisdictions listed under the "Effective July 1, 2020" section heading below – i.e., Alameda, Berkeley, Emeryville, Fremont, Los Angeles City, Los…more

Employer Responsibilities, Minimum Wage, Wage and Hour

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FCC to Quickly Launch New Affordable Connectivity Program

Mere days after the infrastructure bill became effective, the Federal Communications Commission (FCC) launched a rulemaking proceeding to create rules for the new $14.2 billion Affordable Connectivity Program (ACP). The ACP…more

Broadband, FCC, Infrastructure, Telecommunications

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DWT Assists With Los Angeles Dine-In Restaurant Reopening Guidelines

On May 28, 2020, Los Angeles Mayor Eric Garcetti announced guidelines for reopening restaurants and bars in the city. The Mayor's office developed these guidelines in collaboration with Boston Consulting Group, Davis Wright…more

Business Operations, Coronavirus/COVID-19, Re-Opening Guidelines, Restaurant Industry, Workplace Safety

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Climate Change Responses: Expect Big Things for Hydrogen?

Expect big expansion in the use of clean hydrogen energy—that has been a periodic mantra in the climate change press for years. While commercial scale development continues to face serious technical and cost barriers, there now…more

Carbon Emissions, Climate Change, Green Energy, Hydrogen Power, Renewable Energy

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2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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ARPA to the Rescue: Direct Assistance Available for Multiemployer and Single-Employer Pension Plans

The recently signed American Rescue Plan Act (ARPA) contains an assortment of benefit plan provisions, including a new COBRA assistance scheme and expanded dependent care provisions. It also includes several provisions aimed at…more

American Rescue Plan Act of 2021, Employee Benefits, Multiemployer Plan, Pension Funds, Pensions

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FTC Updates 2024 Thresholds for HSR and Interlocking Directorates

The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976…more

Acquisitions, Antitrust Division, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate

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Circuits Apply 'California Payphone' Standard to Contrasting Wireless and Wireline Cases

Two recent decisions issued this summer by different United States Courts of Appeals interpreting Sections 253 and 332 of the Communications Act demonstrate the continuing uncertainty carriers face when challenging state and…more

5G Network, Appeals, California, Communications Act of 1934, FCC

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ESG Job 1? Climate Change. Key Tool? Supply Chain Contracts.

Environmental, Social, and Governance (ESG) encompasses an array of issues so broad that it can seem overwhelming. It includes addressing climate change, eliminating forced labor, preventing exposure to toxic chemicals, and…more

Climate Change, Environmental Social & Governance (ESG), Forced Labor, Greenhouse Gas Emissions, Paris Agreement

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Custodia Bank Wins Important Digital Asset Decision

On June 7, 2022, Custodia Bank ("Custodia") filed a complaint in the U.S. District Court for the District of Wyoming against the Federal Reserve Board of Governors (the "Board") and the Federal Reserve Bank of Kansas City (the…more

Blockchain, Cryptocurrency, Depository Institutions, Digital Assets, Motion to Dismiss

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Recently Announced DOJ Nationwide COVID-19 Fraud Takedown and Los Angeles City Attorney Settlement Focus on COVID-19 Testing

On April 20, 2022, the U.S. Department of Justice (DOJ) announced coordinated law enforcement actions targeting various COVID-19 fraud schemes. The law enforcement actions were filed in nine different federal districts…more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare Fraud, Kickbacks

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Washington Enacts New Capital Gains Tax for 2022 and Beyond

Washington's legislature passed a new capital gains tax in April (Engrossed Substitute S.B. 5096), which was signed by Governor Inslee on May 4, 2021. The new law will take effect January 1, 2022…more

Capital Gains, Capital Gains Tax, Exemptions, Governor Inslee, State and Local Government

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Biden Administration Reinstates Supplemental Environmental Projects as Enforcement Tool

As part of the Biden Administration's overall strategy of enhancing environmental justice, the Department of Justice (DOJ) and Environmental Protection Agency (EPA) jointly announced last week the return (with modifications) of…more

Biden Administration, Department of Justice (DOJ), Environmental Justice, Supplemental Environmental Project (SEP) Policy

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NIST Seeks Public Comment on Developing Standards and Guidelines for Implementing Portions of the Biden AI Executive Order

Key Areas for Comment in the Request for Information - Developing guidelines, standards, and best practices for AI safety and security. Developing a companion resource to the Risk Management Framework for generative AI..…more

Artificial Intelligence, Biden Administration, Executive Orders, Machine Learning, NIST

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Georgia Becomes Latest to Address Earned Wage Access Providers

On February 26, 2021, Georgia introduced HB 674, which would authorize earned wage access (EWA) providers to operate in the state and avoid loan characterization by meeting certain requirements, including registration…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Loans, Payroll Deductions

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9th Circuit Largely Upholds California's Ban on Arbitration Agreements as a Condition of Employment

On September 15, 2021, the 9th Circuit in Chamber of Commerce of the US v. Bonta reversed (2-1), in part, a preliminary injunction and held that California Labor Code section 432.6—which prohibits employers from requiring…more

Arbitration Agreements, California, Employees, Employment Contract

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Alcohol Beverage Suppliers, Charitable Promotions, and Commercial Co-Venturers

Generally speaking, when a sales promotion in which a for-profit business represents to the public that the purchase or use of goods or services will directly benefit either a named charity or a charitable cause purpose, the…more

Commercial Co-Ventures (CCVs), Wine & Alcohol

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How Might EV Charging Impact the Bulk Power System? NERC Issues Findings and Solutions

On February 8, 2024, the North American Electric Reliability Corporation ("NERC") published a white paper titled "Potential Bulk Power System Impact of Electric Vehicle Chargers." The White Paper informs electric vehicle ("EV")…more

Charging Stations, Electric Vehicles, Electricity, NERC, Power Grid

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Checklist of Employer Considerations for Remote Work Policies

The COVID-19 pandemic and the proliferation of employees working remotely has prompted employers of every size to contend with new questions about laws applicable to their workers in distant locations. Depending on whether…more

Compliance, E-3, Employee Benefits, Employees, Flexible Work Arrangements

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Seattle's Payroll Expense Tax Upheld by Trial Court—Time for Employers to Gear Up for Reporting

On June 4, 2021, King County Superior Court upheld the validity of the new Seattle payroll expense tax (dubbed the "JumpStart" tax) against a constitutional challenge. The tax came into effect January 1, 2021, but reporting for…more

Employees, Payroll Taxes, State and Local Government, Tax Liability, Tax Rates

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And, Action! New 2021 California Employment and COVID-19 Safety Laws Demand Entertainment Employers Take Immediate Steps

The entertainment industry worked at a fast clip throughout 2020 to swiftly adapt production protocols to comply with federal, state, and local COVID-19 orders, and to keep cast and crew safe. While a widespread vaccine rollout…more

Cal-OSHA, California, City of Los Angeles, Coronavirus/COVID-19, Entertainment Industry

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Does the Mifepristone Case Tee Up a Chevron Challenge? - Controversial Abortion Decision May Have Implications for Judicial Deference in Administrative and Environmental Law Cases

In Alliance for Hippocratic Medicine v. USFDA, U.S. District Judge Matthew J. Kasmaryck stayed the FDA approval of the abortion drug Mifepristone, disregarding the FDA's medical and scientific judgment to approve the drug 23…more

Abortion, FDA Approval, Food and Drug Administration (FDA), Prescription Drugs, Reproductive Healthcare Issues

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New York State Department of Labor Issues Guidance Concerning Employee Cannabis Use

On October 8, 2021, the New York State Department of Labor (NYSDOL) published guidance to employers concerning "Adult Use Cannabis and the Workplace." New York employers with drug screening protocols should review their…more

Drug Testing, Marijuana, Marijuana Regulation & Taxation Act (MRTA), NYDOL

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California Near to Enacting Nation’s First Commercial Finance Disclosure Law

In the final days of its 2018 session, the California legislature sent a flurry of bills to Governor Jerry Brown’s desk on topics as diverse as net neutrality, school start times, and clean energy…more

Borrowers, Federal Reserve, Loans, Online Marketplace Lending, Small Business

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January Surprise: Court Ruling on Post-Employment Restrictive Covenants in Delaware

Equity and capital forfeiture for competition provisions given less scrutiny than other post-employment restrictive covenants - Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme Court…more

Competition, DE Supreme Court, Employer Liability Issues, Employment Contract, Employment Litigation

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FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry

It took years, but DWT's cannabis group prevailed in obtaining U.S. Customs and Border Protection's (CBP) policy on the admissibility of non-citizens with ties to legal foreign cannabis businesses…more

Customs and Border Protection, FOIA, Foreign Nationals, Marijuana

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Federal Contractors: Avoid Getting Shortchanged on Prevailing Wages

The Davis-Bacon Act and the FAR - The Davis-Bacon Act, 40 U.S.C. §§ 3131-3148, (the Act) is a fact of life in federal government construction contracting. The Act, passed in 1931, establishes the requirement of paying the local…more

Armed Services Board of Contract Appeals, Construction Contracts, Federal Acquisition Regulations (FAR), Federal Contractors, Prevailing Wages

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Blue Mountain Clarifies Scope of Business Sale Exception to Prohibition on Restrictive Covenants in Connection With Joint Ventures

California employers often find themselves frustrated by the limits that state law places on their ability to prevent former employees from targeting their customers because California's Business & Professions Code § 16600 voids…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Biden Administration Rescinds Trump's TikTok and WeChat Bans, Issues Two Executive Orders Highlighting Policies on Chinese Tech Companies

Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese…more

Biden Administration, China, Executive Orders, Foreign Adversaries, National Security

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Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day, Chairwoman…more

Broadband, Data Privacy, FCC, Net Neutrality, Notice of Proposed Rulemaking (NOPR)

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Washington State Developing Model Ordinance for Permitting Behavioral Health Services as Essential Public Facilities

The Washington State Department of Commerce is currently developing model legislation that could benefit behavioral health treatment facilities, as well as other Essential Public Facilities, across the state…more

Draft Ordinance, Healthcare Facilities, Public Health, State and Local Government, Washington

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U.S. House Approves Law Targeting Sex Trafficking Ads, Threatens to Undermine Section 230 of the Communications Decency Act

On May 20, 2014, the U.S. House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). If enacted, the bill would expose websites and other media to federal criminal penalties for…more

Communications Decency Act, Crime Victims, First Amendment, Free Speech, Internet

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New $20 Minimum Wage Requirement for California Fast Food Workers Coming April 1, 2024

Beginning April 1, 2024, California's minimum wage for fast food employees will increase to $20 per hour. This change is the result of Governor Newsom signing AB1228 (also known as the Fast Food Franchisor Responsibility Act)…more

California, Employer Liability Issues, Fast-Food Industry, Minimum Wage, NAICS

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Blue Mountain Clarifies Scope of Business Sale Exception to Prohibition on Restrictive Covenants in Connection With Joint Ventures

California employers often find themselves frustrated by the limits that state law places on their ability to prevent former employees from targeting their customers because California's Business & Professions Code § 16600 voids…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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The Oregon Climate Protection Program Is Dead. Long Live the Climate Protection Program?

The Oregon Department of Environmental Quality (DEQ) just announced that it would not appeal a recent decision by the Oregon Court of Appeals invalidating the Climate Protection Program (CPP), Oregon's sweeping administrative…more

Appeals, Climate Change, Department of Environmental Quality, Greenhouse Gas Emissions, Oregon

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Washington’s My Health My Data Act and its Nevada Twin are Now in Effect – Are You Ready?

Washington's My Health My Data Act (Act), which imposes substantial new obligations on the collection and use of broadly defined "consumer health data" (CHD), went into effect March 31, 2024. Everyone that conducts business in…more

Data Collection, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, Mental Health

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Washington State's Expanded TIF Authority Creates Powerful Catalyst for Public-Private Partnerships

On May 10, 2021, Governor Jay Inslee signed ESHB 1189 (TIF for Jobs bill), completing a bipartisan legislative effort to grant new powers of Tax-Increment Financing (TIF) to the state's cities, counties, and port districts…more

Infrastructure, Public Private Partnerships (P3s), Tax Increment Financing, Washington

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Corporate Transparency Act Creates National Database of Company Ownership Information

The Corporate Transparency Act (CTA), passed over President Trump's veto as part of the National Defense Authorization Act on January 1, 2021, may have a major impact on the manner in which financial institutions comply with…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, National Security

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What Would You Do With the (Maybe Not So) Pleasant Creek Natural Gas Storage Field?

PG&E has announced that it will sell its Pleasant Creek natural gas storage field, has retained an investment banker, and is now publicly soliciting bids. But who will buy the 400 acres of land located between Sacramento and the…more

CPUC, Energy Sector, Energy Storage, Natural Gas, PG&E

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Workplace Policy Updates Required: What Employers Need to Know About the NLRB's Stericycle Decision

Are your employee handbooks and policies "chilling" employee conduct? This and other questions, answered - Employers should take note, the NLRB's recent Stericycle decision has broad implications for all U.S. employers with…more

Employee Handbooks, Employer Liability Issues, Employment Policies, Labor Reform, NLRA

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No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely" appeal…more

CBCA, Construction Industry, Contract Disputes, Contract Disputes Act, Court of Federal Claims

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FinCEN Beneficial Ownership Information Access Proposal Raises Many Questions

As described in DWT's October 2021 post, the Corporate Transparency Act ("CTA"), enacted as part of the Anti-Money Laundering Act of 2020, establishes beneficial ownership reporting requirements for a broad range of entities…more

Anti-Money Laundering, Banking Sector, Beneficial Owner, Customer Due Diligence (CDD), Financial Crimes

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California Mandatory Paid Sick Leave Increased to 5 Days per Year in 2024

This week, California Gov. Newsom signed Senate Bill 616, which increases the amount of Paid Sick Leave ("PSL") that employers are required to provide to California employees. The new PSL law amends California Labor Code…more

Anti-Retaliation Provisions, California, Labor Code, New Legislation, Paid Sick Leave

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Update: WA Governor Extends Employment Protections to "High-Risk" Workers Indefinitely

Update: On July 29, 2020, Washington Governor Inslee issued Proclamation 20-46.2, which extends the protections for high-risk employees as originally set forth by Proclamation 20-46 "High-Risk Employees—Workers' Rights on April…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Governor Inslee

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Who's Liable for Deepfakes? FTC Proposes To Target Developers of Generative AI Tools in Addition to Fraudsters

Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new rule that would prohibit…more

Artificial Intelligence, Deep Fake, Federal Trade Commission (FTC), Fraud, FTC Act

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Employee or Independent Contractor? New DOL Rule Aims to Clarify Worker Classifications

The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on March…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

Justice Clarence Thomas recently triggered profound concern among First Amendment and media lawyers by suggesting that the nation’s high court reevaluate New York Times v. Sullivan, calling that seminal decision, “and the…more

Defamation, First Amendment, Free Speech, Libel

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CFPB Provides Guidance on Unauthorized Transfers

Recent technological developments in banking and other financial services, combined with the effects of the pandemic, have led consumers to increasingly adopt digital payment solutions. At the same time, reports of digital fraud…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ETFs, Financial Services Industry, Fraud

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FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry

It took years, but DWT's cannabis group prevailed in obtaining U.S. Customs and Border Protection's (CBP) policy on the admissibility of non-citizens with ties to legal foreign cannabis businesses…more

Customs and Border Protection, FOIA, Foreign Nationals, Marijuana

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New IRS Guidance on Long-Term, Part-Time Employee Retirement Plan Participation

New proposed regulations clarify how employers should implement retirement plan eligibility rules for long-term, part-time ("LTPT") employees. While some questions remain, the proposed regulations provide a number of welcome…more

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Contributions, Employee Retirement Income Security Act (ERISA)

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Washington Employers Now Have Greater Access to PFML Leave Information for Employees

Since Washington launched its Paid Family Medical Leave program ("PFML") in 2020, employers have had very limited access to information from the state regarding employee leaves, including when leaves begin or end. With the…more

Applications, Essential Health Benefits, Paid Family Leave Law, Privacy Laws, Reasonable Accommodation

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Analysis of Proclamation Halting Visas for H-1B and Other Temporary Workers Outside U.S.

On June 22, 2020, President Trump issued a "Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market During the Coronavirus Outbreak," effective June 24, 2020 through December 31, 2020…more

Foreign Nationals, Foreign Workers, Green Cards, H-1B, H-2B

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SCOTUS Makes It Harder for Employers to Defend Against Federal Whistleblower Claims

The Supreme Court recently issued a unanimous pro-employee ruling that makes it harder for employers to defend whistleblower claims. In Murray v. UBS Securities, LLC, the Court rejected the argument that an employer must have…more

Civil Rights Act, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Murray v UBS Securities LLC, Retaliation

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Will AB 50 and SB 410 Actually Result in Faster Electric Service for Data Centers (and Everything Else) in California?

California is in a rush to electrify everything. The rapid conversion of appliances such as furnaces, water heaters, ovens, and dryers from natural gas to electricity and the proliferation of electric vehicles (EVs) – including…more

Artificial Intelligence, CAISO, California, Data Centers, Electric Vehicles

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The 2016 Amendments to the Federal Rules of Civil Procedure: Eliminating the Three-Day Rule for Electronic Service

On December 1, 2016, absent congressional action, new amendments to the Federal Rules of Civil Procedure will take effect, amending Rules 4, 6, and 82. (See At-A-Glance Summary, infra.) While these changes seem mostly…more

Corporate Counsel, Federal Rules of Civil Procedure, New Amendments, Young Lawyers

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Reminder: By December 31, 2017, Online Service Providers Must Re-Register DMCA Agents Registered Before December 1, 2016

December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium…more

Copyright, Digital Media, DMCA, Internet Service Providers (ISPs), Registration Requirement

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Future Proofing Boards of Directors for Family Businesses

Michael Eisner, former CEO of Walt Disney, said it best that “management is not a science, it is an art.” But, not all art stands the test of time—and the composition of the board, and the way the directors manage a family owned…more

Board of Directors, Corporate Governance, Directors, Family Businesses

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D.C.'s Minimum Wage Increases on July 1, 2024 – Here's Everything Employers Need to Know

The District of Columbia Department of Employment Services ("DOES") has announced a minimum wage increase for all D.C. workers and tipped employees beginning July 1, 2024. Here's what employers need to know: Minimum…more

Labor Regulations, Minimum Wage, New Legislation, Tipped Employees, Wage and Hour

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NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,…more

Browning-Ferris Industries of California Inc., Final Rules, Joint Employers, Liability, NLRA

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OMWBE Announces New Public Works Small Business Enterprise Certification

Recent changes in legislation regarding Washington's Small Works Roster laws have resulted in new "PWSBE" certification - Recent changes in legislation regarding Washington's Small Works Roster laws have resulted in a new…more

Certifications, Department of Transportation (DOT), Minority-Owned Businesses, Public Works, Small Business

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OSHA Inspectors Granted Authority to Require Employers to Permit Third Parties Onsite During Safety Inspections

Effective May 31, 2024, OSHA will have additional authority to permit third parties, including union representatives, to join OSHA inspectors during onsite walkaround inspections at employer facilities, including non-union…more

Department of Labor (DOL), Labor Inspectors, New Rules, OSHA, Safety Inspections

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Project W Expands Into the Last Frontier

Women have always been a driving force in Alaska, from the frontier days to the present, and Anne Marie Tavella and Elizabeth Hodes are no exception. Under their leadership, Women Advancing a Prosperous Alaska (WAPAK) seeks to…more

Alaska, Business Development, Leadership, Professional Development, Professional Networking

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The Demise of the Past-Practice Defense: Takeaways From Recent NLRB Decisions

Following recent decisions of the National Labor Relations Board, it is now nearly impossible for employers to make unilateral decisions consistent with past practices when negotiating a first contract and when negotiating a…more

Anti-Discrimination Policies, Collective Bargaining Agreements (CBA), Cost-of-Living Adjustment (COLA), Management Rights Clauses, NLRB

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NLRB Poised to Tip Scale in Favor of Disclosure of Employer Financial Information Based on Competitive Disadvantage Statements

In recent weeks, the National Labor Relations Board has issued several labor-friendly decisions, quickly checking off key items on General Counsel Jennifer Abruzzo's agenda. On November 30, 2022, the General Counsel released a…more

Collective Bargaining, Corporate Counsel, Inability To Pay, NLRB, NLRB General Counsel

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Ownership Transparency: The New Normal in Healthcare?

On November 17, 2023, the U.S. Department of Health and Human Services ("HHS") Centers for Medicare and Medicaid Services ("CMS") published a final rule (the "Final Rule") requiring Medicare skilled nursing facilities ("SNFs")…more

Business Ownership, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Disclosure Requirements, Federal Trade Commission (FTC)

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New Year, New Possibilities: OIG Final Rule Amends Beneficiary Inducement Rules

The Office of Inspector General (“OIG”) of the Department of Health and Human Services has issued a final rule (“Final Rule”) adding new safe harbors to the federal anti-kickback statute, amending existing safe harbors, and…more

Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Department of Health and Human Services (HHS), FQHC

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CMS Sprints to Overhaul Stark

With the benefit of more than three decades of rulemaking and hundreds of submissions under the Self-Referral Disclosure Protocol, CMS has seized the opportunity in the final Sprint Regulations to adopt a number of significant…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Fair Market Value, Health Care Providers, Physicians

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SEC Adopts Proposals to Enhance Share Repurchase Disclosures and Private Fund Reporting

On May 3, 2023, the Commission announced that it adopted amendments to two rules enhancing disclosure requirements for share repurchases and private fund reporting. First, the Commission adopted amendments to the rules on share…more

10b5-1 Plans, Amended Rules, Corporate Governance, Disclosure Requirements, Form 10-K

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California Communications Infrastructure Mid-Year Update

As predicted in our earlier post, here at the mid-way point of 2022 we have seen a number of significant regulatory developments related to communications infrastructure in California. In the first half of 2022, the California…more

CPUC, Infrastructure, Public Utility, Utilities Sector

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FCC Adopts "All-In" Pricing Rules for Video Service Providers

At its March 14, 2024, open meeting, the Federal Communications Commission (FCC) adopted new rules that require multichannel video programming distributors (MVPDs – cable television operators and satellite video providers) to…more

Broadcasting, FCC, Fees, Multichannel Video Programming, New Rules

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Reimbursing California Remote Employees' Expenses: Obligation Confirmed

Reimbursing employees for job-related expenses has become a hot-button issue with so many employees working remotely and even on-site employees communicating with their employers by way of their personal cell phones. The…more

Appeals, California, Coronavirus/COVID-19, Employer Responsibilities, Job Duties

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Avoiding a Pitfall for Family Business Loan Guarantors: Contribution Among Multiple Guarantors

When a family business borrows money, the lender often requires some or all of the business owners to guarantee the loan. If one of the business owner guarantors pays on the guaranty, that guarantor is entitled to contribution…more

Family Businesses, Guarantors, Lenders, Limited Liability Company (LLC), Loans

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CFPB Proposes Rule to Treat Overdraft as Credit Under TILA

The Consumer Financial Protection Bureau released its proposed rule to treat overdraft features for deposit accounts as credit, subject to the Truth in Lending Act (TILA) and its implementing rules, Regulation Z. The proposal is…more

Consumer Financial Protection Bureau (CFPB), EFTA, Federal Register, Final Rules, Financial Institutions

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Surnames as Trademarks: Tips for Family Businesses

Choosing the right name is important when starting a business because the business name plays an important role in brand growth and perception. For many family-owned enterprises, business name and surname are inextricably and…more

Family Businesses, Trademark Registration, Trademarks, USPTO

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CFPB to Use "Unfairness" to Address Gaps in Antidiscrimination Coverage

On March 16, 2022, the Consumer Financial Protection Bureau (CFPB) issued a press release and an updated UDAAP exam manual setting forth its intentions to use the Consumer Financial Protection Act's (CFPA) prohibition against…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), ECOA, Financial Services Industry, UDAAP

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What Are a Company's Tax Reporting Obligations for Incentive Stock Option Exercises?

Every corporation, whether a startup or public company, that has an employee who exercises an incentive stock option (ISO) must provide the employee an information statement about the exercised option (using IRS Form 3921). A…more

Employees, Form 3921, Incentive Stock Options, IRS, Reporting Requirements

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California Modifies Employment Regulations Regarding Criminal History

New regulations effective October 1, 2023, will impact how employers may consider criminal history in employment decisions. The Fair Chance Act (FCA) prohibits California employers with five or more employees from inquiring…more

California, Conditional Job Offers, Corporate Counsel, Criminal Background Checks, Criminal Convictions

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9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch Make-Ready Orders

On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR orders in all but one…more

5G Network, Broadband, FCC, Infrastructure, Moratorium

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EPA Seeks Comments on "Clean" Label for Construction Industry

Inflation Reduction Act pledged millions to label program intended to cut climate pollution linked to manufacturing of construction products and materials - The Environmental Protection Agency ("EPA") is seeking public…more

Climate Change, Comment Period, Construction Industry, Environmental Protection Agency (EPA), Inflation Reduction Act (IRA)

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Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence in…more

Artificial Intelligence, Entertainment Industry, Fair Use, First Amendment, Innovative Technology

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FCC May Consider Potential "Amnesty" for Federal Broadband Funding Defaults

On March 5, the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) issued a public notice seeking input on a recently submitted proposal to implement an "amnesty period" for internet service providers…more

Amnesty, Broadband, FCC, Funding, Penalties

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Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces…more

Artificial Intelligence, Automation Systems, Hospitality Industry, Layoffs, Machine Learning

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To OCIP or Not to OCIP, That Is the Question – Pros and Cons of Wrap-Up Construction Insurance

Developers and owners often find that obtaining insurance coverage for their construction projects can be confusing and unnecessarily complicated. When dealing with construction projects in excess of $50 million, an Owner…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Insurance Industry, OCIP

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DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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DOJ Adopts Accessibility Requirements for State and Local Government Websites and Mobile Apps

On April 8, 2024, the U.S. Department of Justice (DOJ) issued a final rule under Title II of the Americans with Disabilities Act (ADA) establishing specific requirements for making websites and mobile apps offered by state and…more

Advanced Notice of Proposed Rulemaking (ANPRM), Americans with Disabilities Act (ADA), Compliance, Deadlines, Department of Justice (DOJ)

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Washington State Passes New Anti-SLAPP Statute

Effective July 25, 2021, the state of Washington has a new anti-SLAPP statute—replacing the version that the Washington Supreme Court declared invalid in 2015. The statute restores important defenses for news organizations,…more

Anti-SLAPP, Defamation, Discovery, Free Speech, Washington

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No Surprises Act: Washington State Rethinks IDR Transition Amid Federal Court Showdown

Washington State's Office of the Insurance Commissioner (OIC) is delaying its transition to the federal No Surprises Act (NSA) Independent Dispute Resolution (IDR) process for at least six months. As a result of this decision,…more

Billing, Dispute Resolution, Health Care Providers, Health Insurance, Healthcare

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Congressional Payments Technology Caucus Formed

Innovation in the payments industry continues to accelerate as both established and emerging companies invest significant resources in the development of new payment systems and technologies. Recognizing the challenge that…more

Emerging Growth Companies, Legislative Agendas, Payment Systems, Technology

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CPUC to Consider Issues Related to Providers of Last Resort – Will the Commission Recognize Modern Trends of Retail Choice?

Pursuant to Senate Bill (SB) 520, the California Public Utilities Commission (CPUC) issued an Order Instituting Rulemaking (OIR) on March 25, 2021, to address issues related to providers of last resort (POLR) requirements. In…more

CPUC, Electricity, Energy Sector, Utilities Sector

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FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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HHS Publishes Guidance on Using Online Tracking Technologies Under HIPAA

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued a bulletin on December 1, 2022, clarifying that "regulated entities are not permitted to use tracking technologies in a manner that would…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry

It took years, but DWT's cannabis group prevailed in obtaining U.S. Customs and Border Protection's (CBP) policy on the admissibility of non-citizens with ties to legal foreign cannabis businesses…more

Customs and Border Protection, FOIA, Foreign Nationals, Marijuana

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California Wage and Hour Considerations During COVID-19

As employers navigate employee health and safety and government shutdown orders during the COVID-19 pandemic, they must do so while complying with California’s strict wage and hour laws. The new temporary “normal” is an…more

Coronavirus/COVID-19, Employee Benefits, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave

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CFTC Requests Comments on the Use of Artificial Intelligence

On January 24, 2024, the CFTC's newly formed AI Task Force announced the issuance of a request for comment (RFC) on the current and potential uses and risks of artificial intelligence (AI) in the derivatives markets the CFTC…more

Artificial Intelligence, Automation Systems, Bots, CFTC, Comment Period

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D.C. Federal District Court Holds Work Created Entirely by an AI System Cannot Be Copyrighted

On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Corporate Counsel

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Supreme Court Clarifies FCA Scienter Standard – Overturns 7th Circuit Decision

Ruling in case involving national retail pharmacies rejects the “objective reasonableness” standard for the False Claims Act - On June 1, 2023, the U.S. Supreme Court unanimously vacated the 7th Circuit's decision in U.S. ex…more

Drug Pricing, False Claims Act (FCA), Medicaid, Medicare, Pharmacies

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The Importance of Establishing Prejudice in Bid Protests

Contractors filing bid protests necessarily focus on the alleged errors in the procurement process, as establishing these errors is essential to prevailing in the protest. However, a recent—and rare—decision by the Federal…more

Bid Protests, Federal Contractors, Federal Procurement Systems

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CFPB Enforcement Action Latest Move Against Overdraft Fees by Financial Regulators

Continuing the uptick in regulatory scrutiny of overdraft and other bank fees by state and federal regulators, the Consumer Financial Protection Bureau (CFPB) on September 28, 2022, announced an enforcement action/consent order…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry

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2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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Lights, Camera, Action!: HIPAA Enforcement for Camera Crews on Hospital Premises

HIPAA and 15-minutes-of-fame are not compatible. In September 2018, the federal Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that it had reached settlements with Boston Medical Center…more

Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals, OCR, PHI

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California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take…more

Arbitration, California, Cannabis Products, Civil Monetary Penalty, Coronavirus/COVID-19

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Out With the Old, In With the New: California Revamps Its Department of Business Oversight

On September 25, 2020, California Governor Gavin Newsom signed the California Consumer Financial Protection Law (CCFPL), Assembly Bill 1864, which replaces the Department of Business Oversight (DBO) with the new Department of…more

Debt Collectors, Department of Business Oversight, Financial Institutions, Financial Services Industry, FinTech

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Washington State Employers to Face Significant Minimum Wage and Salary Threshold Increases

Starting January 1, 2023, the Washington state minimum wage will be $15.74 per hour. This is a $1.25 increase from the current 2022 minimum wage of $14.49 per hour…more

Employer Liability Issues, Exempt-Employees, Minimum Wage, Salaried Employees, State Labor Laws

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FTC Issues Staff Report on Consumer Recognition of Paid Advertising

The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts…more

Advertising, Disclosure Requirements, Federal Trade Commission (FTC), Native Advertising

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Oregon and Seven Other States Suspend Bottle Deposit Redemption Enforcement During COVID-19 Pandemic

Eight of the ten U.S. states with beverage container redemption programs have temporarily suspended enforcement actions against retailers for failing to accept empty beverage containers for redemption under so-called "bottle…more

Coronavirus/COVID-19, Non-Enforcement, Relief Measures, Retailers

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California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,…more

CA Supreme Court, Cal Code of Civil Procedure, Coronavirus/COVID-19, Duty of Care, Employer Liability Issues

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FERC to Revoke Market-Based Rate Authority for Parties Not Complying with New Requirements by October 7

The Federal Energy Regulatory Commission (FERC) has issued an order with major implications for sellers with market-based rate (MBR) authority. Issued at the FERC’s meeting on September 22, 2022, the order provides notice to…more

Electricity, Energy Market, Energy Sector, FERC

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DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Getting to Closing

This is the final article in our series on selling the family business. Our previous articles include advance planning, preliminary diligence, marketing, letters of intent, indemnification provisions, backstopping the deal,…more

Buy-Sell Agreements, Closing Documents, Family Businesses, Selling a Business

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Me, Myself, and (A)I: Copyright Office to Focus on AI Authorship

According to a recent interview in December 2022, the U.S. Copyright Office (the "Office") signaled that it would focus in 2023 on "legal grey areas" surrounding copyrightability of works generated in conjunction with artificial…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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COVID-19 State of Emergency Orders Are Sunsetting in California

Earlier this year, Governor Gavin Newsom announced that the State of California's COVID-19 State of Emergency will end on February 28, 2023. Since then, numerous localities have announced the end of their own states of…more

Coronavirus/COVID-19, Governor Newsom, Health and Safety, Infectious Diseases, Public Health

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Carbon Offsets 101: Big Gains (and Some Growing Pains) in Forest Carbon Offset Markets

Companies looking to reduce their climate impacts and greenhouse gas (GHG) emissions use a variety of tools to do so: buying renewable electricity (especially solar and wind); improving the efficiency of energy-hungry…more

Carbon Emissions, Energy Efficiency, Greenhouse Gas Emissions, Renewable Energy, Sustainability

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Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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U.S. FinTech Laws and Regulations 2022

GLI – FinTech 2022 is a U.K.-based online guide to key FinTech developments across the globe. Each chapter covers approaches and developments, FinTech offerings, related technology, regulatory bodies, key regulations and…more

Blockchain, Cryptocurrency, Digital Currency, FinTech, Virtual Currency

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Executive Order "Clarifies" (Rewrites) Online Speech Protections

A May 28, 2020, Executive Order claims to "clarify" a vital protection for internet speech, Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and proclaims that online platforms are public forums under the First…more

Executive Orders, Internet Speech, Online Platforms, Social Media

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Oregon's PFML Program Is Going Live Soon – What Employers Need to Know

Eligible employees may receive benefits under Oregon's paid family and medical leave (PFML) program starting September 3, 2023. Many Oregon employers and employees still have questions about this PFML program and how it…more

Employee Benefits, Oregon, Paid Family Leave Law, Reinstatement

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Escrow No More: A New Era for Oregon's Construction Retainage Law in 2024

On March 7, 2024, the Oregon legislature enacted a significant change to the state's law on retainage requirements for public and private construction projects. The new law introduces options for contractors to receive full…more

Construction Industry, Contractors, Escrow Accounts, Interest Rates, Oregon

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Who's Liable for Deepfakes? FTC Proposes To Target Developers of Generative AI Tools in Addition to Fraudsters

Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new rule that would prohibit…more

Artificial Intelligence, Deep Fake, Federal Trade Commission (FTC), Fraud, FTC Act

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303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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FERC Seeks Public Comment on New Potential Reforms to Regional Planning of Electric Transmission and Generator Interconnection

On July 15, 2021, the Federal Energy Regulatory Commission (FERC) issued an Advance Notice of Proposed Rulemaking (ANOPR) that seeks public comment on a number of potential reforms to improve the electric regional transmission…more

Advanced Notice of Proposed Rulemaking (ANPRM), Electricity, Energy Sector, FERC, Public Comment

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Restaurant Revitalization Fund FAQs

Who Is an Eligible Entity? A restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public…more

American Rescue Plan Act of 2021, Bars, Business Expenses, Business Losses, Coronavirus/COVID-19

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California Supreme Court Removes Financial Barriers to Electronic Public Records Requests

In an important victory for government transparency, the California Supreme Court has strictly limited the costs that public agencies can demand from members of the public and the media who request public records in an…more

CA Supreme Court, Electronic Records, Public Records

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Restaurant Revitalization Fund FAQs

Who Is an Eligible Entity? A restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public…more

American Rescue Plan Act of 2021, Bars, Business Expenses, Business Losses, Coronavirus/COVID-19

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Project W: The Invisible Struggle for Black Women

Protect Black women. Believe Black women. Do better for Black women. That is the call to action from Tiffani Lambie, Director, DEI Operations at Davis Wright Tremaine. Tiffani shares her experience as Black woman in the…more

Black and Minority Ethnic (BME), Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Equal Protection

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California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,…more

CA Supreme Court, Cal Code of Civil Procedure, Coronavirus/COVID-19, Duty of Care, Employer Liability Issues

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Solar Leasing with Governments: Key Issues for Developers to Keep in Mind

According to Secretary of Energy J.M. Grantholm, solar is our cheapest and fasting-growing source of clean energy. And, under a scenario outlined in the U.S. Department of Energy's Solar Futures Study, by 2035 the solar energy…more

Clean Energy, Electricity, Energy Sector, Solar Energy

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Selling the Family Business: Dispute Resolution Mechanisms

Unlike in litigation, most parties to an M&A transaction are actively working towards a shared, overarching goal. Namely, they both want to get the deal done expeditiously. However, it would be a mistake to assume that the…more

Arbitration, Buyers, Dispute Resolution, Family Businesses, Popular

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[Webinar] Hotel Liquor Licensing - September 27th, 10:00am PST

Join DWT Partner Matt LeMaster and Associate Jeff Giametta for this webinar where they will provide practical advice for dealing with the ins and outs of retail and hotel liquor licensing, including acquisition diligence,…more

Acquisitions, Alcohol Beverage Control, Continuing Legal Education, Corporate Structures, Hospitality Industry

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Supreme Court Concludes Paying on a Daily Rate Cannot Meet the Salary Basis Test for Exempt Status

The United States Supreme Court recently decided a case particularly important to employers who pay employees a daily rate. In Helix Energy Solutions Group, Inc. v. Hewitt, the Court concluded that paying an employee a daily…more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, Salaried Employees

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Ownership Transparency: The New Normal in Healthcare?

On November 17, 2023, the U.S. Department of Health and Human Services ("HHS") Centers for Medicare and Medicaid Services ("CMS") published a final rule (the "Final Rule") requiring Medicare skilled nursing facilities ("SNFs")…more

Business Ownership, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Disclosure Requirements, Federal Trade Commission (FTC)

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2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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California Regulator Previews Intentions for Cybersecurity, Privacy, and Automated Decisionmaking Regulations

The CPPA kicked off a first round of rulemaking in May 2022 and finalized that set of rules in March of this year. At the latest California Privacy Protection Agency (CPPA) meeting, the CPRA Rules Subcommittee (Rules…more

Artificial Intelligence, Audits, Automated Systems, California, California Privacy Protection Agency (CPPA)

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Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers

The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on U.S…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Cloud Service Providers (CSPs), Cybersecurity, IaaS

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New Jersey Governor Signs Comprehensive Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado,…more

Advertising, Consumer Privacy Rights, COPPA, Data Protection, Enforcement Actions

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Antitrust State of Play for Healthcare Providers Under a New Administration - Part I: Mergers and Acquisitions

Antitrust scrutiny of large technology companies may be in the headlines, but what some have dubbed "Big Med" is being eyed by the Biden Administration and federal agencies for heightened antitrust enforcement. Hospitals,…more

Enforcement, Federal Trade Commission (FTC), Health Care Providers, Merger Reviews

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[Webinar] What You Don't Know Might Hurt You: New 2019 Oregon Employment Laws - June 25th, 10:00am PT

The Oregon legislature is considering very significant changes to Oregon employment laws in 2019 – there are more than 60 new laws proposed that, if enacted, will directly impact your employment practices…more

Anti-Harassment Policies, Continuing Education, Continuing Legal Education, Employment Policies, Marijuana

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Project W: The Next Generation of Venture Capitalists Is Here

Reflecting on a recent article about a moment of transition in the venture capital industry, Lynn Loacker, Founder and Managing Director of Project W, considers how that transition is well under way and how the next generation…more

Diversity, Innovation, Investors, Portfolio Companies, Venture Capital

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New Form Factors in Cobrand and Private-Label Credit Card Program Agreements

Most current cobrand and private-label agreements involve one or, more usually, two parties that are issuing, branding or developing non-traditional form factors alongside or in lieu of plastic cards. Some of these form factors…more

Brand, Credit Cards, Mobile Payments, Servicing Agreements

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FCC Adopts Rules for TRACED Act Review of Autodialer and Prerecorded-Call Exceptions

The Federal Communications Commission (FCC) has complied with the directive in the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) to review the regulatory exceptions to restrictions on autodialed…more

Auto-Dialed Calls, FCC, Robocalling, TCPA, Telecommunications

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Beneficial Ownership Information Reporting Rule – Update and Comparison with Beneficial Ownership Rule

Implementation of the Corporate Transparency Act (CTA)[1] is gathering momentum. Most notably, as of the new year the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) is accepting reports of…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Regulatory Requirements

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Bottle Bill Changes in California and Oregon Will Soon Affect Wineries and Distilleries

Ten U.S. states have beverage container redemption laws, more commonly referred to as "bottle bills." Recent bottle bill changes in California and Oregon will soon impact the alcohol industry through the addition of canned wine…more

Beverage Manufacturers, California, Compliance, Dealers, Distilleries

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New York City Employers Must Post and Distribute Recently Issued "Workers' Bill of Rights"

By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also…more

Anti-Discrimination Policies, City of New York, Compensation & Benefits, Disability Benefits, Employee Rights

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Biden Executive Order on Competition Casts a Spotlight on Beer, Wine, and Liquor

The Biden Administration's Executive Order on Promoting Competition in the American Economy is bringing some unexpected attention to the alcoholic beverages industry. The long-term impact will be determined by what the federal…more

Biden Administration, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Liquor

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FTC's Hospital Merger Win Streak Ends

On Monday morning, the Federal Trade Commission quietly added a sentence to its web page dedicated to the Commission's challenge of a proposed merger of two health systems in Philadelphia's northern suburbs, Thomas Jefferson…more

Federal Trade Commission (FTC), Healthcare Facilities, Hospital Mergers, Hospitals, Mergers

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Washington Appeals Court Holds Compliance With WSDOT Standard Specifications Is Mandatory

In an unpublished opinion filed February 20, 2024, Division 1 of the Washington Court of Appeals held in C.A. Carey Corporation v. City of Snoqualmie that compliance with the WSDOT Standard Specifications for Road, Bridge and…more

Appeals, Compliance, Construction Industry, Contractors, Summary Judgment

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Obfuscating Mercy: How the California Supreme Court Finally Addressed Secretive Pardons

In May of 2021, the California Supreme Court in Administrative Order 2021-05-26 announced a rule change to make it easier for the public to view clemency files for twice-convicted felons. The new rule rejects the decades-old…more

CA Supreme Court, Convictions, Governor Pardons, Sealed Records

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San Francisco Health Care Security Ordinance – New Expenditure Rates for 2024

The San Francisco Health Care Security Ordinance ("SFHCSO") requires Covered Employers to make certain minimum Health Care Expenditures on a quarterly basis for their Covered Employees. Those employers should take note of the…more

Employer Group Health Plans, Healthcare, Medicare, Recordkeeping Requirements, San Francisco

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COVID-19 State of Emergency Orders Are Sunsetting in California

Earlier this year, Governor Gavin Newsom announced that the State of California's COVID-19 State of Emergency will end on February 28, 2023. Since then, numerous localities have announced the end of their own states of…more

Coronavirus/COVID-19, Governor Newsom, Health and Safety, Infectious Diseases, Public Health

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Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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FCC Announces Top 10 National Nonbroadcast Network Rankings for 2024-2027 Audio Description Requirements

On November 30, 2023, the Federal Communications Commission's (FCC) Media Bureau released a Public Notice announcing national nonbroadcast network rankings ahead of the next triennial update to the list of networks subject to…more

Children's TV Programming, Disability Access Claims, FCC, Hearing-Impaired, Public Notice

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Securities Class Actions: Data, Trends, and Insights

The number of securities class actions filed last year fell for the fourth year in a row. But these time-consuming, costly litigations still target 5 percent of all S&P 500 companies in an average year, and settlement costs rose…more

Class Action, Corporate Counsel, Misleading Statements, Rule 10b-5, Securities Exchange Act

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FTC Leads Renewed Enforcement Focus on Payment Processors

Complaints alleging widespread institutional failures in controlling fraudulent payment processing activity; rogue merchants charging consumer accounts thousands of dollars based on dubious or nonexistent authorizations; and…more

Consent Order, Federal Trade Commission (FTC), Merchants, Payment Processors

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Could Your Property Be Contaminated? And Do You Want to Know?

Avoiding Information Gathering About Your Property’s Potential Environmental Contamination May Not Do Your Business Any Favors - Do you own a piece of property that may be contaminated? We often hear clients say they do not…more

Contaminated Properties, Contamination, Property Damage, Property Owners

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2019 Oregon New Employment Laws

The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon…more

Disability Discrimination, Hiring & Firing, Lactation Accommodation, Non-Compete Agreements, Pregnancy

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California Privacy Protection Agency Posts Preliminary Proposed Regulations

The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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CFTC Action Against Decentralized Digital Asset Manipulation Is First of Its Kind

The Commodity Futures Trading Commission ("CFTC") recently filed a novel civil enforcement action against Avraham "Avi" Eisenberg in the U.S. District Court for the Southern District of New York, charging Eisenberg with a…more

CFTC, Cryptocurrency, Decentralized Autonomous Organization (DAO), Digital Assets, Enforcement Actions

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European Commission Proposes Sweeping New Regulatory Schema for "High-Risk" AI Systems

The European Commission's (Commission) proposal for regulations establishing harmonized rules on artificial intelligence systems and applications (AI Regulations) reflects aggressive and sweeping proposals to regulate artificial…more

Artificial Intelligence, Biometric Information, Corporate Counsel, EU, European Commission

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Employee or Independent Contractor? New DOL Rule Aims to Clarify Worker Classifications

The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on March…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces…more

Artificial Intelligence, Automation Systems, Hospitality Industry, Layoffs, Machine Learning

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Securities Class Actions: Data, Trends, and Insights

The number of securities class actions filed last year fell for the fourth year in a row. But these time-consuming, costly litigations still target 5 percent of all S&P 500 companies in an average year, and settlement costs rose…more

Class Action, Corporate Counsel, Misleading Statements, Rule 10b-5, Securities Exchange Act

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The Regulatory Trio: Long-Term Debt and Resolution Plan Proposals Signal Need for Greater Clarity and Simplification

On August 29, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (collectively, FBAs) issued requests for comment…more

Banking Sector, Bankruptcy Code, Debt, Dodd-Frank, FDIC

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California Communications Infrastructure Mid-Year Update

As predicted in our earlier post, here at the mid-way point of 2022 we have seen a number of significant regulatory developments related to communications infrastructure in California. In the first half of 2022, the California…more

CPUC, Infrastructure, Public Utility, Utilities Sector

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Decision of the Ninth Circuit Court of Appeals in Garvin v. Cook Investments NW, Case No. 18-35119 (9th Cir. May 2, 2019)

In an earlier update, we told you about an appeal pending in the U.S. Court of Appeals for the Ninth Circuit that would decide whether a landlord receiving rent from someone involved in the state-legal cannabis industry could…more

Appeals, Bankruptcy Code, Chapter 11, Landlords, Marijuana Related Businesses

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The (New) Marketing Rule: Perspectives on RIA Compliance, One Year Later

As we move further away from the one-year anniversary of the compliance date for the SEC's new Marketing Rule 206(4)(1) under the Investment Advisers Act of 1940 (the "Marketing Rule"), Registered Investment Advisers ("RIAs")…more

Cash Solicitation Rule, Compensation, Compliance, Investment Advisers Act of 1940, Marketing

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CFTC Requests Comments on the Use of Artificial Intelligence

On January 24, 2024, the CFTC's newly formed AI Task Force announced the issuance of a request for comment (RFC) on the current and potential uses and risks of artificial intelligence (AI) in the derivatives markets the CFTC…more

Artificial Intelligence, Automation Systems, Bots, CFTC, Comment Period

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303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the First…more

Actual Malice, Counterman v Colorado, Criminal Liability, Cyber-Stalking, Dissenting Opinions

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SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings

This week, in a unanimous decision, the Supreme Court held that law firms conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection Practices Act…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

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New Oregon Law Targets Non-Competes (Again)

Over the past several years, Oregon's legislature has whittled away at non-competition agreements with the focus on increasing employee mobility and autonomy. Non-competition agreements were once again a target for the…more

Employees, Governor Brown, Non-Compete Agreements, Oregon, Salaried Employees

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Confused About the Washington My Health My Data Act?

The Washington Attorney General's (AG's) office released an FAQ that clarifies some important provisions of Washington's new My Health My Data Act (HB 1155)(MHMD), which was signed into law by Governor Jay Inslee on April 27,…more

Compliance, Corporate Counsel, Document Retention Policies, Enforcement, Health Insurance Portability and Accountability Act (HIPAA)

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U.S. Travel & Visa Application Restrictions Connected to Coronavirus

President Trump has issued a Proclamation suspending entry into the United States for certain persons who pose a risk of transmitting the 2019 Novel Coronavirus…more

Centers for Disease Control and Prevention (CDC), Infectious Diseases, Travel Ban, Trump Administration, USCIS

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Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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D.C.'s Minimum Wage Increases on July 1, 2024 – Here's Everything Employers Need to Know

The District of Columbia Department of Employment Services ("DOES") has announced a minimum wage increase for all D.C. workers and tipped employees beginning July 1, 2024. Here's what employers need to know: Minimum…more

Labor Regulations, Minimum Wage, New Legislation, Tipped Employees, Wage and Hour

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FERC Seeks Public Comment on New Potential Reforms to Regional Planning of Electric Transmission and Generator Interconnection

On July 15, 2021, the Federal Energy Regulatory Commission (FERC) issued an Advance Notice of Proposed Rulemaking (ANOPR) that seeks public comment on a number of potential reforms to improve the electric regional transmission…more

Advanced Notice of Proposed Rulemaking (ANPRM), Electricity, Energy Sector, FERC, Public Comment

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California Legislates New Rules for Firearm and Production Set Safety | Insights

The tragic death of cinematographer Halyna Hutchins on the set of "Rust" in October 2021 led studios and labor representatives to immediately commence negotiations with respect to safety protocols on film and television sets. On…more

Cal-OSHA, Enforcement, Firearms, Motion Picture Industry, New Legislation

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Oregon Governor Orders 90-Day Moratorium on Some Commercial Evictions, Restates Moratorium on Residential Evictions for Nonpayment of Rent

On April 1, 2020, Oregon Governor Kate Brown issued Executive Order 20-13, limiting commercial landlords' ability to terminate leases for nonpayment of rent. The order provides that a commercial landlord cannot terminate a lease…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

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FCC May Consider Potential "Amnesty" for Federal Broadband Funding Defaults

On March 5, the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) issued a public notice seeking input on a recently submitted proposal to implement an "amnesty period" for internet service providers…more

Amnesty, Broadband, FCC, Funding, Penalties

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Does Your Startup Own Its Intellectual Property? The Answer Is Frequently Not as Clear as It Seems

Intellectual property can be among the most important assets that a startup owns, especially as the startup begins to distinguish itself or seek investment. Making sure that the startup actually owns and can protect its rights…more

Copyright, Intellectual Property Protection, Patents, Popular, Startups

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FCC's Expansive New Rules Prohibiting "Digital Discrimination" in Broadband Access

On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further Notice…more

Broadband, Compliance, FCC, Federal Register, Infrastructure

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Did California Truly Extend the Life of Diablo Canyon? Only Time Will Tell.

As most readers are likely aware, the Legislature recently passed Senate Bill 846, which aims to extend the Diablo Canyon nuclear powerplant (Diablo Canyon) to 2030. The Governor quickly signed the legislation that largely…more

Energy Sector, Governor Newsom, Nuclear Power, State Legislatures

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EDPB Issues Draft Guidance on Post-Schrems II GDPR Compliant Data Transfers

Earlier this month, the European Data Protection Board (EDPB) issued its long-anticipated draft guidance on supplemental tools to ensure that data transfers out of the European Union (EU) to third countries comply with the GDPR…more

Data Protection, EU, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR), International Data Transfers

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Biden's Executive Order Takes Aim at Non-Competes

On July 9, 2021, President Biden signed an Executive Order seeking to curtail the use of non-compete agreements and other terms of employment that arguably limit worker mobility—an area of employment law that has traditionally…more

Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC), Non-Compete Agreements

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Trial Victory for Alaska Airlines: Five Takeaways for Employers

Following a four-week, virtual trial, Alaska Airlines (Alaska) received a complete defense verdict from a King County Superior Court jury on June 1, 2022. The case offers important takeaways for employers on handling…more

Employer Liability Issues, Employment Litigation, Trial Preparation, Witnesses

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ABCs of Distribution to Grocery

At Farm to Label, I presented a panel called “ABCs of Distribution to Grocery” with Brittany Sienia, Trade Analyst at Tillamook, Chris Tjersland, Partner Brands Development Manager at New Seasons and Ray VanWetten, Vice…more

Distributors, Grocery Stores, Retailers

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Employers Beware – Slew of Class Actions Filed Alleging Violations of Washington's Pay Transparency Requirements in Job Postings

Within the past week, roughly 30 class action lawsuits were filed against myriad employers alleging violations of Washington's new(ish) pay transparency law. This is a good time for employers to review their job postings,…more

Attorney's Fees, Class Action, Compensation, Corporate Counsel, Job Ads

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Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in…more

Advertising, Brand, Intellectual Property Protection, Marketing, Misleading Impressions

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Interstate 5 Bridge Replacement Project Becoming a Reality

The project to replace the Interstate 5 bridge between Portland, Oregon, and Vancouver, Washington, is becoming more reality than dream. For those who have traveled that stretch of I-5, or moved goods from the Ports or up…more

Bridges, Environmental Policies, Federal Transit Administration, Highways, NEPA

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[Webinar] Washington and Oregon Leave Programs - June 29th, 12:00 pm - 1:30 pm PT

Many employers and employees remain confused by the intricacies of Oregon and Washington state’s leave programs. In this webinar, our speakers will provide an overview of Washington’s Paid Family and Medical Leave (PFML)…more

Continuing Legal Education, Employee Benefits, Employment Policies, Medical Leave, Multistate Employers

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[Webinar] Paths and Pitfalls on the Road to AI in Healthcare - July 18th, 11:00 am - 12:00 pm PT

Artificial intelligence-driven technology is transforming nearly everything that we can see and touch, with great promise for the healthcare industry. This webinar will explore the promise, pitfalls and other key considerations…more

Artificial Intelligence, Continuing Legal Education, Health Care Providers, Health Technology, Machine Learning

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Jack Daniel’s v. VIP Products: Supreme Court Clarifies When Rogers Test Applies in Trademark Cases

On June 8, 2023, the Supreme Court issued a highly anticipated decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S.). The decision left intact existing legal protections for the use of trademarks and…more

Cease and Desist, Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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Five Antitrust Tips for FinTech In-House Counsel

With the proliferation of financial technology used by consumers and merchants to conduct everyday transactions, financial institutions, tech unicorns, and start-ups alike are more eager than ever to integrate the next…more

Antitrust Provisions, Corporate Counsel, Financial Services Industry, FinTech

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New FERC Filing Requirements Starting Soon for Electric Market-Based Rate Sellers

Sellers of wholesale electricity that have market-based rate (MBR) authority from the Federal Energy Regulatory Commission (FERC), or that will need to apply to FERC for such authority, should be aware of major regulatory…more

Electricity, Energy Market, Energy Sector, FERC

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U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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SECURE 2.0 Medley – IRS and DOL Guidance for Plan Sponsors on Recent Changes

The Internal Revenue Service and U.S. Department of Labor recently issued guidance on various aspects of the Consolidated Appropriations Act of 2023, commonly referred to as SECURE 2.0. Below is a summary of key provisions that…more

401k, 403(b) Plans, Automatic Enrollment, Benefit Plan Sponsors, CARES Act

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FCC Imposes Robocall Obligations on Gateway Providers, New Blocking Requirements on Downstream Providers

The Federal Communications Commission (FCC) has adopted a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking that, among other things, imposes significant robocall mitigation requirements on…more

Call Blocking, FCC, Robocalling, Telecommunications, TRACED Act

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FCC May Consider Potential "Amnesty" for Federal Broadband Funding Defaults

On March 5, the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) issued a public notice seeking input on a recently submitted proposal to implement an "amnesty period" for internet service providers…more

Amnesty, Broadband, FCC, Funding, Penalties

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U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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[Ongoing Program] Healthcare Regulatory and Compliance Seminar: Telehealth, and Government Investigations of Health Care Providers - March 24th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance. This year’s seminar will take place virtually on March 15, March 17, March 22, and…more

Antitrust Violations, Business Development, CEOs, CFOs, Chief Compliance Officers

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New 2014 Oregon Employment Laws

Oregon employers are directly affected by several new laws recently passed by the legislature. Most changes went into effect on Jan. 1, 2014, unless otherwise noted. We’ve compiled a summary of the most significant changes for…more

Compliance, Employee Rights, Minimum Wage, Paid Leave, Passwords

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A Moment of Clarity for the SEC’s Regulation of Cryptocurrencies

There is a certain irony in the fact that the legal principles that currently govern the regulatory treatment of cryptocurrencies draw primarily from a 1946 case dealing with investment contracts in Florida orange groves…more

Cryptocurrency, Digital Assets, Digital Currency, Initial Coin Offering (ICOs), Securities Act of 1933

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E-Signing Arbitration Agreements in a Remote World

A recent California Court of Appeal decision (Bannister v. Marinidence OPCO, LLC) provides employers with important guidance about using electronic signatures to confirm acceptance of arbitration agreements with employees. This…more

Arbitration, Arbitration Agreements, E-SIGN, E-Signatures

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UPDATE: NLRB Continues Its Full-Court Press on Collegiate Athletics – Inside the Dartmouth Unionization Decision

UPDATE: The men's basketball team at Dartmouth voted Tuesday, March 5, to unionize – a first in college sports history. We wrote about the labor decision that led to Tuesday's union vote, as well as takeaways for private…more

Alston v NCAA, Basketball, College Athletes, Colleges, NLRA

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FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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“CLOUD”s On the Horizon – How Law Enforcement Electronic Data Requests Are Going Global

Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records…more

CLOUD Act, Criminal Investigations, Electronically Stored Information, Search Warrant, Subpoenas

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Credit Card Late Fees Scrutinized by CFPB

Financial institutions' longstanding practice of charging fees to consumers for the late payment of credit card debts is under scrutiny from the Consumer Financial Protection Bureau (CFPB) and its Director, Rohit Chopra. Despite…more

CARD Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Late Fees

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Los Angeles Safer at Home Order Does Not Exempt Entertainment Production

Over the weekend, Los Angeles County issued a revised version of its "Safer at Home" order that narrows the definition of "Essential Business."…more

Business Closures, Coronavirus/COVID-19, Entertainment Industry, Infectious Diseases, Operators of Essential Services

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303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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CFTC Division of Enforcement, FY 2023: A Year in Review and Looking Ahead

On November 7, 2023, the Division of Enforcement ("Division") of the United States Commodity Futures Trading Commission ("CFTC") released its annual report of the results of its enforcement efforts, announcing that it had filed…more

CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Cybersecurity, Decentralized Finance (DeFi)

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FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly…more

Antitrust Provisions, Department of Labor (DOL), Employer Liability Issues, Enforcement, Federal Trade Commission (FTC)

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Maryland and Florida Take Divergent Approaches in Their 'Mini-TCPA' Laws

Continuing the trend of state interest in telephone and text message marketing regulation, this week Maryland and Florida took diverging approaches to amending their existing telephone and text message marketing laws (so called…more

Artificial Intelligence, Auto-Dialed Calls, Automotive Industry, Florida, Maryland

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FERC Approves NERC Plan to Make Some Wind, Solar, and Storage Resources Subject to Reliability Standards

On May 18, 2023, the Federal Energy Regulatory Commission ("FERC") took one more step in its ongoing efforts to enhance and protect the reliability of the bulk power system by approving a work plan submitted by the North…more

Energy Storage, FERC, NERC, Reliability Standards, Solar Energy

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Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day…more

Bad Actors, Breach of Contract, Class Action, Corporate Counsel, Data Breach

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The Revisit: Our Take on the U.S. Banking Agencies' Regulatory Capital Revamp

On July 27, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (collectively, FBAs) issued their long-awaited proposal…more

Banks, Data Collection, Dodd-Frank, EGRRCPA, FDIC

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Project W: Embracing Her Heritage and Giving Back — Q&A with Jessica Roberts

Jessica Roberts, an associate in Davis Wright Tremaine's Business & Transactions Practice, draws on her personal background and knowledge of federal Indian law and tribal law to help clients transcend cultural barriers when…more

Native American Issues, Sovereign Territories, Territorial Disputes, Tribal Lands

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Electronics Right to Repair Laws Are Here – New York and Minnesota Lead the Way

On December 28, 2022, New York Governor Kathy Hochul signed the state's Digital Fair Repair Act into law. The Minnesota legislature quickly followed, passing its own version in May 2023. Interest in "right to repair" legislation…more

Manufacturers, OEM, Right to Repair, Technology Sector

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Can a Startup Pay a Transaction-Based Fee or Commission to Someone Who Helps Raise Capital?

We can't tell you how often we are presented with this question. For the most part, the answer is a clear "no," but why is that? The short answer is that—except under certain limited circumstances—it is likely illegal, it may…more

Broker-Dealer, Early Stage Companies, Fees, Finder's Fees, Finders

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New Penalty Offense Letters Remind Marketers That Health Claims Require Robust Substantiation

On April 13, 2023, the Federal Trade Commission ("FTC") announced the issuance of what is now the fourth round of Notice of Penalty Offense Letters, this time to approximately 670 companies involved in the marketing of drugs,…more

Advertising, Dietary Supplements, Federal Trade Commission (FTC), Health Claims, Marketing

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"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server. The…more

Copyright, Copyright Litigation, Direct Infringement, En Banc Review, Instagram

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Recently Announced DOJ Nationwide COVID-19 Fraud Takedown and Los Angeles City Attorney Settlement Focus on COVID-19 Testing

On April 20, 2022, the U.S. Department of Justice (DOJ) announced coordinated law enforcement actions targeting various COVID-19 fraud schemes. The law enforcement actions were filed in nine different federal districts…more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare Fraud, Kickbacks

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Is My In-House Message Privileged? 9th Circuit Clarifies Test for Attorney-Client Privilege and Dual-Purpose Communications

The 9th Circuit recently clarified the bounds of the attorney-client privilege. While the basic assessment of the privilege is simple (it protects confidential communications between attorneys and clients made for the purpose of…more

Attorney-Client Privilege, Confidential Communications, Corporate Counsel, Privileged Communication, Work-Product Doctrine

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Can the CPUC Fast Charge California's Transportation Electrification Goals? It Plans to Try

California has seen significant growth in the adoption of zero-emission vehicles and charging infrastructure in recent years. Today, one in four vehicles sold in California is a zero-emission vehicle (ZEV), of which an…more

California, Capital Investments, Charging Stations, CPUC, Electric Vehicles

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Recently Announced DOJ Nationwide COVID-19 Fraud Takedown and Los Angeles City Attorney Settlement Focus on COVID-19 Testing

On April 20, 2022, the U.S. Department of Justice (DOJ) announced coordinated law enforcement actions targeting various COVID-19 fraud schemes. The law enforcement actions were filed in nine different federal districts…more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare Fraud, Kickbacks

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Washington Employers Now Have Greater Access to PFML Leave Information for Employees

Since Washington launched its Paid Family Medical Leave program ("PFML") in 2020, employers have had very limited access to information from the state regarding employee leaves, including when leaves begin or end. With the…more

Applications, Essential Health Benefits, Paid Family Leave Law, Privacy Laws, Reasonable Accommodation

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Rare Washington State Tax Amnesty Opportunity – Expires November 30!

The Washington State Department of Revenue has opened a window for more remote businesses to take advantage of its Voluntary Disclosure Program. We encourage you to share this news with your tax or finance teams to consider…more

Business Taxes, State and Local Government, State Taxes, Tax Amnesty, Voluntary Disclosure

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New Federal Privacy Bill Would Require Audits of Algorithmic Decision-Making

Senator Maria Cantwell (D-WA) and Democratic colleagues have proposed a sweeping data privacy bill that would require covered entities to audit certain "algorithmic decision-making" systems that use machine learning (ML) and…more

Algorithms, Artificial Intelligence, Audits, Machine Learning

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FCC's Enforcement Bureau Sanctions ViaTalk for Failing to Provide Product Support for Individuals with Disabilities

In late August 2021, the Federal Communications Commission's (FCC) Enforcement Bureau issued an Order and Citation to ViaTalk, LLC, for failing to fulfill its obligations under the Commission's accessibility rules in 47 C.F.R. §…more

Accessibility Rules, Disabilities, FCC, Telecommunications, Telecommunications Act

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DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again have thwarted the Trump Administration's efforts to change H-1B rules and to increase the required wages that U.S. employers must pay to foreign workers. On December 1 and 3, 2020, a federal court order in…more

Corporate Counsel, Department of Labor (DOL), Employer Responsibilities, Foreign Workers, H-1B

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Alaska Legislature Approves Lower Quorum Requirements for Alaska Native Corporations

The Alaska state legislature recently passed a bill reducing quorum requirements for certain Alaska Native Corporations at their annual shareholder meetings. Under HB 149, which is expected to be signed into law by Alaska…more

Corporate Governance, Native American Issues, New Legislation, Quorum, Shareholder Meetings

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DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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EEOC Will Not Seek to Collect EEO-1 Pay Data Next Year -- But Employers Must Still Submit 2017 and 2018 Data by September 30

EEO-1 filers must submit EEO-1 Component 2 (compensation and hours worked) data for years 2017 and 2018 by the deadline of September 30, 2019. However, on September 12, 2019, the EEOC announced that it does not intend to require…more

Data Collection, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pay Data

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President Biden Signs Executive Order Encouraging Greater Regulation of Tech and Communications Companies

On July 9, 2021, President Biden issued a far-reaching Executive Order seeking to fight market concentration and anticompetitive practices across the entire U.S. economy, stating that "[a] fair, open, and competitive marketplace…more

Biden Administration, Competition, Executive Orders, FCC, Federal Trade Commission (FTC)

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California Privacy Protection Agency Posts Preliminary Proposed Regulations

The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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California Department of Public Health Issues New Guidance on Face Coverings

Under the direction of Governor Gavin Newsom, the California Department of Public Health has issued revised statewide guidance requiring cloth face coverings in most public settings in order to slow the spread of COVID-19. The…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Governor Newsom, Public Health

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Washington’s My Health My Data Act and its Nevada Twin are Now in Effect – Are You Ready?

Washington's My Health My Data Act (Act), which imposes substantial new obligations on the collection and use of broadly defined "consumer health data" (CHD), went into effect March 31, 2024. Everyone that conducts business in…more

Data Collection, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, Mental Health

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Federal Banking Regulators Issue Final Third-Party Risk Management Guidance

On June 6, 2023, the Federal Reserve Board of Governors, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly issued final third-party risk management guidance for supervised banking…more

Banking Sector, Banks, Deposit Insurance, Final Guidance, Financial Institutions

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President Biden Signs Bill Banning Mandatory Arbitration in Sexual Assault and Harassment Claims

To update our previous advisory, as expected, President Biden signed a bill that significantly limits the use of mandatory arbitration for claims involving sexual assault or sexual harassment. Titled "Ending Forced Arbitration…more

Arbitration, Arbitration Agreements, Biden Administration, Employer Liability Issues, Federal Arbitration Act

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New Jersey Governor Signs Comprehensive Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado,…more

Advertising, Consumer Privacy Rights, COPPA, Data Protection, Enforcement Actions

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Washington Supreme Court Holds Prelien Notice Not Required for Labor Liens

The Washington Supreme Court recently held that a contractor is not required to provide a property owner with a prelien notice in order to have a valid lien for labor provided to a construction project. Washington…more

Construction Liens, Construction Project, Contractors, Liens, Property Owners

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California Near to Enacting Nation’s First Commercial Finance Disclosure Law

In the final days of its 2018 session, the California legislature sent a flurry of bills to Governor Jerry Brown’s desk on topics as diverse as net neutrality, school start times, and clean energy…more

Borrowers, Federal Reserve, Loans, Online Marketplace Lending, Small Business

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Meal or Rest Break Premiums Do Not Trigger Waiting Time or Wage Statement Penalties

Update February 10, 2021: This blog has been updated to reflect current guidance about California meal and rest break laws. On September 26, 2019, California’s Second District Court of Appeals in Gustavo Naranjo, et al. v…more

Employee Rights, Employer Liability Issues, Penalties, Rest and Meal Break, Wage and Hour

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[Ongoing Program] Healthcare Regulatory and Compliance Seminar: Telehealth, and Government Investigations of Health Care Providers - March 24th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance. This year’s seminar will take place virtually on March 15, March 17, March 22, and…more

Antitrust Violations, Business Development, CEOs, CFOs, Chief Compliance Officers

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[Webinar] 2020 Employment, Immigration, and Benefits Legal Developments - What Did I Miss? The Year in Review (So Far) - October 7th, 10:00 am - 11:00 am PT

Even in the midst of the pandemic, we continue to see significant legal developments in the world of the workplace. To kick off our Fall Webinar Series, we begin with “What Did I Miss? The Year in Review (So Far)” We will…more

Continuing Legal Education, Coronavirus/COVID-19, Employee Definition, Employer Liability Issues, Employment Litigation

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Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence in…more

Artificial Intelligence, Entertainment Industry, Fair Use, First Amendment, Innovative Technology

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California's Agricultural Employee Overtime Phase-In Thresholds Are Now in Effect

Over two years ago, California passed the Phase-In Overtime for Agricultural Workers Act of 2016, which required a modification of Industrial Welfare Commission Order No. 14-2001 ("Wage Order No. 14") to create a schedule that…more

Agricultural Sector, Agricultural Workers, Employer Liability Issues, Over-Time, Wage and Hour

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The Recipe for a Strong Bank-Fintech Partnership Agreement

Bank partnerships are a critical component of the U.S. fintech ecosystem and infrastructure. The agreements that govern bank-fintech partnerships are nevertheless frequently overlooked simply as a legal formality—a…more

Acquisitions, Banks, Compliance, Due Diligence, FinTech

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Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day…more

Bad Actors, Breach of Contract, Class Action, Corporate Counsel, Data Breach

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FTC Seeks to Weigh In on Competition, Data Security in Cloud Computing

The federal government continues to put pressure on cloud service providers. On March 22, 2023, the Federal Trade Commission (FTC) issued a Request for Information (RFI) seeking public input on the market power and business…more

Cloud Computing, Cybersecurity Information Sharing Act (CISA), Data Security, Federal Trade Commission (FTC), FTC Act

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IRS Extends Tax Treatment for Leave-Based Donation Programs for COVID-19 Relief Through the End of 2021

To enable employees to help victims of the pandemic, employers may establish leave-based donation programs for making cash contributions to charitable organizations described in Section 170(c) of the Internal Revenue Code (the…more

Charitable Donations, Coronavirus/COVID-19, Internal Revenue Code (IRC), IRS, Relief Measures

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Increased Risk for Buyers of Credit Card Loans

Third party debt buyers may face increased threat of state-law class action lawsuits after a recent Second Circuit ruling prohibiting such debt buyers from invoking federal preemption defenses under the National Bank Act to…more

Bank of America, Banking Sector, Banks, Class Action, Credit Cards

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New York Governor Vetoes Legislation That Would Have Banned Post-Employment Noncompete Agreements

As we reported previously, in June 2023, both houses of the New York State legislature passed legislation that would have banned post-employment noncompete agreements in New York. While expectations had been high early on that…more

Governor Vetoes, Highly Compensated Employees, New York, Non-Compete Agreements, Proposed Legislation

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Summary of Paycheck Protection Program Flexibility Act of 2020 (Updated)

Update June 08: This blog has been updated to reflect current guidance about the Paycheck Protection Program Flexibility Act of 2020. The U.S. House and Senate recently passed the Paycheck Protection Program Flexibility Act of…more

CARES Act, Loan Forgiveness, Loans, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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California Supreme Court Removes Financial Barriers to Electronic Public Records Requests

In an important victory for government transparency, the California Supreme Court has strictly limited the costs that public agencies can demand from members of the public and the media who request public records in an…more

CA Supreme Court, Electronic Records, Public Records

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New York City Employers Must Post and Distribute Recently Issued "Workers' Bill of Rights"

By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also…more

Anti-Discrimination Policies, City of New York, Compensation & Benefits, Disability Benefits, Employee Rights

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[Webinar] What’s Next? How the Biden Administration Will Impact Employers, and What You Can Do to Plan Ahead - January 21st, 12:00 pm - 1:30 pm PT

What can employers expect from the incoming Biden Administration, and how can they plan to stay ahead of expected Executive and Legislative action? In this webinar, our panel of employment, labor, immigration, and employee…more

Benefit Plan Sponsors, Biden Administration, Continuing Legal Education, Coronavirus/COVID-19, Diversity and Inclusion Standards (D&I)

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FCC Announces April 2024 as the Final Month for Full ACP Reimbursement

The Federal Communications Commission's (FCC) Wireline Competition Bureau announced Monday that the last fully funded month for the Affordable Connectivity Program (ACP) will be April 2024 absent additional funding from…more

Broadband, Compliance, Discounts, FCC, Internet Service Providers (ISPs)

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Get Ready for June 7, 2018: New Washington Laws Address the #MeToo Movement

Washington State recently passed several employment-related laws that take effect on June 7, 2018. These laws: - Void nondisclosure agreements that prevent employees from disclosing workplace sexual harassment; - Prohibit…more

#MeToo, Arbitration, Employer Liability Issues, Non-Disclosure Agreement, Sexual Harassment

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Biden Issues Executive Order To Limit Access to Personal and Government-Related Data by "Countries of Concern"

On February 28, 2024, President Biden announced that he was issuing an Executive Order (the "EO") directing the promulgation of regulations to limit the dissemination of "bulk sensitive personal data" and "United States…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, Consumer Financial Protection Bureau (CFPB), Cybersecurity

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Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

Oleg Cassini, the designer who created Jacqueline Kennedy’s iconic styles, had been linked or married to the most beautiful women of his day – Grace Kelly, Marilyn Monroe, Anita Ekberg, Gene Tierney, among countless others. But…more

Dismissals, Intentional Infliction of Emotional Distress, Libel, Statute of Limitations

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California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements

The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to…more

Bank of America, Borrowers, Foreclosure, Fraud Exception, Lenders

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Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under…more

Compliance, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumers, Data Privacy

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Affordable Connectivity Program Ending April 2024 Unless Congress Provides Funding

In 2022, the Federal Communications Commission (FCC) launched the Affordable Connectivity Program (ACP) under a finite $14.2 billion Congressional appropriation that is now forecast to be exhausted by April 2024. The FCC has now…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), Telecommunications

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What Is "Work Share Oregon" and How Can It Help Avoid Layoffs? (Updated)

Update May 5: This blog has been updated to reflect additional guidance about Work Share Oregon. Oregon's Work Share program seeks to prevent layoffs by enabling employers to enter into a voluntary agreement with the Oregon…more

Coronavirus/COVID-19, Layoffs, Relief Measures, Wage and Hour, Work Share

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FCC Adopts "All-In" Pricing Rules for Video Service Providers

At its March 14, 2024, open meeting, the Federal Communications Commission (FCC) adopted new rules that require multichannel video programming distributors (MVPDs – cable television operators and satellite video providers) to…more

Broadcasting, FCC, Fees, Multichannel Video Programming, New Rules

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And, Action! New 2021 California Employment and COVID-19 Safety Laws Demand Entertainment Employers Take Immediate Steps

The entertainment industry worked at a fast clip throughout 2020 to swiftly adapt production protocols to comply with federal, state, and local COVID-19 orders, and to keep cast and crew safe. While a widespread vaccine rollout…more

Cal-OSHA, California, City of Los Angeles, Coronavirus/COVID-19, Entertainment Industry

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Who's Liable for Deepfakes? FTC Proposes To Target Developers of Generative AI Tools in Addition to Fraudsters

Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new rule that would prohibit…more

Artificial Intelligence, Deep Fake, Federal Trade Commission (FTC), Fraud, FTC Act

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New IRS Guidance on Long-Term, Part-Time Employee Retirement Plan Participation

New proposed regulations clarify how employers should implement retirement plan eligibility rules for long-term, part-time ("LTPT") employees. While some questions remain, the proposed regulations provide a number of welcome…more

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Contributions, Employee Retirement Income Security Act (ERISA)

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The CFPB and the Technological Revolution

The Consumer Financial Protection Bureau (CFPB) Director Richard Cordray emphasized during the CFPB’s September 11, 2014, meeting with the Consumer Advisory Board the CFPB’s new focus on protecting consumers who use mobile…more

Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Mobile Apps, Mobile Devices, Mobile Payments

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CA Ban of PFAS-Containing Firefighting Foam Begins Jan. 1, 2022

In recent years, "forever chemicals," otherwise known as PFAS, have been extensively discussed in the scientific community and reported on by the media. And as the notoriety of PFAS grows, regulation of these widespread…more

CERCLA, Chemicals, Environmental Protection Agency (EPA), PFAS

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Washington Imposes New Limits on Pre-Employment Testing for Lawful Cannabis Use

Employers should review policies covering drug screening and controlled substances to ensure compliance by Jan. 1, 2024 - Employers in Washington who engage in pre-employment drug testing must re-evaluate their drug testing…more

Drug Testing, Employment Discrimination, Employment Policies, Marijuana, Pre-Employment Agreements

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Rethinking Resilience: ESG, DEI, and the Future of Supply Chains

Environmental, Social, and Governance (ESG) issues encompass a broad range of opportunities and challenges for companies operating in the increasingly complex global supply chain. Even as supply chains become more…more

Advanced Batteries, Climate Change, Coronavirus/COVID-19, Diversification Requirements, Diversity and Inclusion Standards (D&I)

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Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers?

On Nov. 4, 2014, Oregon voted to decriminalize, regulate, and tax the production, delivery, and possession of marijuana. Oregon joins Alaska, Colorado, Washington, and Washington, D.C. in legalizing recreational marijuana use…more

Decriminalization of Marijuana, Employment Policies, Marijuana, New Legislation

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303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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State Consumer Privacy Law Round-Up - February 2020

As the likelihood of the federal government passing a timely, workable national consumer privacy law before the November election decreases, states from coast to coast have been busy. According to the National Conference of…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

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Supreme Court Clarifies FCA Scienter Standard – Overturns 7th Circuit Decision

Ruling in case involving national retail pharmacies rejects the “objective reasonableness” standard for the False Claims Act - On June 1, 2023, the U.S. Supreme Court unanimously vacated the 7th Circuit's decision in U.S. ex…more

Drug Pricing, False Claims Act (FCA), Medicaid, Medicare, Pharmacies

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Washington Enacts New Law That May Void Employment Contracts With Wholesale Sales Representatives

Washington companies that employ wholesale sales representatives should pay close attention to a new Washington law that will void certain types of provisions in legally required sales-representative employment contracts and…more

Employment Contract, Governor Inslee

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California Privacy Regulator Issues First Enforcement Alert

On April 1, 2024, the California Privacy Protection Agency (CPPA) issued its first enforcement advisory directing businesses to implement the data minimization principle when responding to consumer requests. The advisory was…more

California, California Privacy Protection Agency (CPPA), Enforcement, Personal Information, Privacy Laws

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Electronics Right to Repair Laws Are Here – New York and Minnesota Lead the Way

On December 28, 2022, New York Governor Kathy Hochul signed the state's Digital Fair Repair Act into law. The Minnesota legislature quickly followed, passing its own version in May 2023. Interest in "right to repair" legislation…more

Manufacturers, OEM, Right to Repair, Technology Sector

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CFTC Issues Staff Advisory Letters on DCO Regulation: Prime Brokerage Arrangements and Digital Assets

In May 2023, the Division of Clearing and Risk ("DCR") of the Commodity Futures Trading Commission ("CFTC") issued two Staff Advisory letters addressing areas of regulatory focus related to Derivatives Clearing Organizations…more

Advisory Opinions, CFTC, Commodity Exchange Act (CEA), Cryptocurrency, Derivatives Clearing Organizations

See all updates »

Project W - Diversity, Equity, and Inclusion: Charting a Path Forward

With the recent spate of legal challenges against DEI initiatives, business leaders are being forced to balance their commitment to principles of diversity, equity, and inclusion with the risk of costly and time-consuming…more

Affirmative Action, Diversity and Inclusion Standards (D&I), Equal Protection, Fourteenth Amendment, Investment

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Divided D.C. Circuit Remands FCC Retention of 1996 RF Limits

On August 13, 2021, a divided D.C. Circuit panel granted petitions for review of the Federal Communications Commission's (FCC) 2019 order that terminated a Notice of Inquiry concerning the FCC's guidelines for radiofrequency…more

FCC, Notice of Inquiry, Radiofrequency (RF), Telecommunications

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Federal Banking Regulators Issue Final Third-Party Risk Management Guidance

On June 6, 2023, the Federal Reserve Board of Governors, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly issued final third-party risk management guidance for supervised banking…more

Banking Sector, Banks, Deposit Insurance, Final Guidance, Financial Institutions

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Plus Ca(lifornia) Change . . .

The only constant in California privacy law continues to be change, and the month of June was bookended by two major developments in this area. The final draft of the regulations implementing the California Consumer Privacy Act…more

Ballot Measures, Ballots, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Enforcement Actions

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Washington's 'Safe Staffing Bill' – What All Healthcare Employers Should Know

Most Washington hospitals will soon be subject to a sweeping 30-page "Safe Staffing Bill" (Bill 5236), aimed at strengthening workplace standards. Starting January 1, 2024, covered hospitals, which is broadly defined to include…more

Collective Bargaining, Compliance, Enforcement, Healthcare, New Legislation

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Securities Class Actions: Data, Trends, and Insights

The number of securities class actions filed last year fell for the fourth year in a row. But these time-consuming, costly litigations still target 5 percent of all S&P 500 companies in an average year, and settlement costs rose…more

Class Action, Corporate Counsel, Misleading Statements, Rule 10b-5, Securities Exchange Act

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Protecting Your Brand and Networks During COVID-19 - Practical Steps for Brand Owners Relying on Independent Contractors

This communication is for brand owners (franchisors, suppliers, licensors) that rely on authorized brand users (franchisees, distributors, dealers, licensees) to operate businesses identified by your brand name that distribute…more

Brand, Coronavirus/COVID-19, Franchisors, Intellectual Property Protection

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California Workplace Violence Prevention Law: What Employers Should Know Before July 1, 2024

In 2023, the California Legislature enacted a first-of-its-kind workplace violence prevention law that, unlike other workplace violence laws that apply to specific industries only (such as healthcare), applies across all…more

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

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Washington State Passes New Anti-SLAPP Statute

Effective July 25, 2021, the state of Washington has a new anti-SLAPP statute—replacing the version that the Washington Supreme Court declared invalid in 2015. The statute restores important defenses for news organizations,…more

Anti-SLAPP, Defamation, Discovery, Free Speech, Washington

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Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers

The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on U.S…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Cloud Service Providers (CSPs), Cybersecurity, IaaS

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CFTC Proposes Guidance on Listing Voluntary Carbon Credit Derivative Contracts, Continuing Focus on Carbon Markets

On December 4, 2023 the CFTC issued proposed guidance regarding the listing of voluntary carbon credit ("VCC") derivative contracts ("Proposed Guidance"). The Proposed Guidance outlines factors that designated contract markets…more

CFTC, Climate Change, Commodity Exchange Act (CEA), Compliance, Derivatives

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2019 – The Year of Positive Planning

A few weeks have passed since the beginning of the New Year, and we suggest that it is time to check-in on your family business’ New Year’s resolutions. One resolution that should be on every family business’ list in 2019 is…more

Business Succession, Family Businesses, Succession Planning

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FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly…more

Antitrust Provisions, Department of Labor (DOL), Employer Liability Issues, Enforcement, Federal Trade Commission (FTC)

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Second Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

On June 10, 2014, the Second Circuit issued its decision in Authors Guild v. HathiTrust, a copyright case involving mass digitization of university library collections. The case centered on whether three actions would be…more

Authors Guild, Books, Copyright, Copyright Infringement, Fair Use

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Legislation Proposed to Ban Mandatory Arbitration Clauses

On April 29, 2015, Senator Al Franken (D-MN) and Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2015 (AFA), which would amend the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), by…more

Arbitration, Federal Arbitration Act, Mandatory Arbitration Clauses, Proposed Amendments

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2nd Circuit to King of Bullshit News: "No Redo on Review: You Lose, Fake News."

Heavy is the head that wears the crown—and the head of Central European News (CEN) boss Michael Leidig must weigh a little heavier after the 2nd Circuit twice declined to revive his defamation lawsuit against BuzzFeed for…more

BuzzFeed, Libel, News Stories, Summary Judgment

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[Webinar] Paths and Pitfalls on the Road to AI in Healthcare - July 18th, 11:00 am - 12:00 pm PT

Artificial intelligence-driven technology is transforming nearly everything that we can see and touch, with great promise for the healthcare industry. This webinar will explore the promise, pitfalls and other key considerations…more

Artificial Intelligence, Continuing Legal Education, Health Care Providers, Health Technology, Machine Learning

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SECURE 2.0 Medley – IRS and DOL Guidance for Plan Sponsors on Recent Changes

The Internal Revenue Service and U.S. Department of Labor recently issued guidance on various aspects of the Consolidated Appropriations Act of 2023, commonly referred to as SECURE 2.0. Below is a summary of key provisions that…more

401k, 403(b) Plans, Automatic Enrollment, Benefit Plan Sponsors, CARES Act

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What You Don't Know About NFTs Could Hurt You: Non-Fungible Tokens and the Truth About Digital Asset Ownership

Non-Fungible Tokens, or NFTs, are currently in the midst of the type of hype-cycle last seen in the blockchain/crypto world when Initial Coin Offerings were all the rage. On March 11, 2021, an NFT associated with a piece of…more

Blockchain, Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), Online Marketplace

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Employee or Independent Contractor? New DOL Rule Aims to Clarify Worker Classifications

The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on March…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Preliminary Injunction Barring Prop 65 Lawsuits Targeting Acrylamide Remains in Effect

On March 30, 2021, a federal court granted the California Chamber of Commerce's preliminary injunction to temporarily bar the California Attorney General and any private litigants from filing any new Proposition 65 lawsuits…more

Chemicals, Preliminary Injunctions, Proposition 65

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D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various…more

Administrative Hearings, Advertising, Appeals, Clinical Trials, False Advertising

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CPUC New Rulemakings for VoIP, Wireless & Broadband Providers

Since the 1970s, the California Public Utilities Commission (CPUC) has been setting minimum service quality standards for certain public utility telephone corporations. However, the CPUC recently adopted an Order Instituting…more

Broadband, CPUC, Telecommunications, VoIP, Wireless Industry

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[Ongoing Program] Healthcare Regulatory and Compliance Seminar: Telehealth, and Government Investigations of Health Care Providers - March 24th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance. This year’s seminar will take place virtually on March 15, March 17, March 22, and…more

Antitrust Violations, Business Development, CEOs, CFOs, Chief Compliance Officers

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Seismic Shift in Determining Contractor Status: Unanimous California Supreme Court Adopts New Test for Evaluating Independent Contractor Classification

Companies and individuals have long used independent contractor relationships to provide workers greater flexibility and to lower costs. The California Supreme Court’s decision Monday in Dynamex rewrites the test for evaluating…more

ABC Test, CA Supreme Court, Delivery Drivers, Employer Liability Issues, Gig Economy

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Stolen Patient Information on Hospital Computer Not Considered “Medical Information” by California Appellate Court

The California Court of Appeal recently held that the release of an index identifying hospital patients did not constitute the release of medical information under California’s Confidentiality of Medical Information Act (CMIA),…more

Appeals, Data Breach, Healthcare, Hospitals, Medical Records

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Coming Soon: Long-Awaited Updates to FAR Small Business Rules

After several years of disjointed regulations between the Small Business Administration ("SBA") and the Federal Acquisition Regulation ("FAR") related to the limitations on subcontracting, revised FAR regulations are on the…more

Federal Acquisition Regulations (FAR), Independent Contractors, New Rules, Proposed Rules, SBA

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Restaurant Revitalization Fund FAQs

Who Is an Eligible Entity? A restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public…more

American Rescue Plan Act of 2021, Bars, Business Expenses, Business Losses, Coronavirus/COVID-19

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What Employers Should Know About the New California Privacy Law

Beginning January 1, 2023, companies with employees or contractors in California may need to comply with a new, robust data privacy law. In 2020, California voters approved the California Privacy Rights Act (CPRA), which…more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection, Data Security

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Is It Time to Rethink the Process for Amending Online Agreements?

Online agreements are often favored by providers for their flexibility and for reducing friction in the customer contracting process. A particular benefit is the ability to update these agreements by providing notice to…more

Arbitration, Arbitration Agreements, Motion to Compel, Online Contracts, Terms of Service

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Bipartisan Legislation Would Simplify Use of Digital Assets for Everyday Purposes

Consumers might be more likely to use cryptocurrencies for everyday retail purchases if legislation introduced by U.S. Senators Pat Toomey (R-Pa.) and Kyrsten Sinema (D-Ariz.) is enacted. Titled the Virtual Currency Tax Fairness…more

Cryptocurrency, Digital Assets, Internal Revenue Code (IRC), IRS, Virtual Currency

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California Strengthens Safety Standards for Overhead Facilities

In May 2020, the California Public Utilities Commission (CPUC) finalized significant changes to its General Order 95 – Rules for Overhead Line Construction (GO 95)…more

CPUC, Public Utility, Regulatory Oversight, Utilities Sector

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Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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UPDATE: California Overhauls State Voice Surcharge System Effective April 1, 2023

*October 28, 2022 Update: On October 20, 2022, the CPUC unanimously approved a revised proposed decision. The final decision contains two important changes: (1) it moves the implementation date from January 1, 2023 to April 1,…more

CPUC, Public Utility, Surcharges, Utilities Sector

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New Oregon Workplace Fairness Act Restrictions Take Effect

A new, more restrictive version of the Oregon Workplace Fairness Act took effect on January 1, 2023. Oregon employers remain limited in their ability to enter into certain terms in agreements with employees claiming…more

Employer Liability Issues, Employment Contract, Employment Discrimination, Employment Policies, State Labor Laws

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New York Court Ruling Could Slow 'Frequency of Pay' Lawsuits Brought by Manual Workers

Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This would…more

Appeals, Attorney's Fees, Class Action, Liquidity, New York

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6th Circuit Largely Affirms FCC Ruling That Most In-Kind Franchise Requirements Are Franchise Fees

On May 26, 2021, the U.S. Court of Appeals for the 6th Circuit affirmed most aspects of the Federal Communications Commission's (FCC) 2019 ruling that nearly all non-cash (or "in-kind") assessments required by cable franchises…more

Cable Operators, FCC, Franchise Fees, Franchisee

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FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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Automated Decisionmaking Technology in California: New Rules Would Impose Transparency, Notice, and Consumer Opt-Out Obligations on Businesses

On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations mandating notice, opt-out, and information access requirements for companies using automated decision-making technology (ADMT) to…more

Artificial Intelligence, Automated Decision Systems (ADS), Business Entities, California, California Consumer Privacy Act (CCPA)

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Backstopping the Deal: Reps and Warranties

This is the sixth article in our series on selling the family business. If you need to catch up, please read our previous articles on advance planning, preliminary diligence, marketing, letters of intent, and indemnification…more

Buyers, Family Businesses, Indemnification, Selling a Business, Warranties

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Florida Set to Enact Law Regulating Electric Cooperative Poles

HB1221 subjects poles of cooperatives providing broadband to state-regulated rates, terms, and conditions for pole attachments - Once the governor approves HB1221, pole attachments on electric cooperatives' poles in Florida…more

Broadband, Electricity, Energy Sector, Florida, Unfair Competition

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Time for Employers to Review and Update Employee Handbooks (Again)

Union and non-union employers could face an uphill climb defending well-intentioned workplace rules under the new framework issued by the National Labor Relations Board ("NLRB") in its long-awaited decision in Stericycle, Inc…more

Boeing, Employee Handbooks, Employer Liability Issues, Employment Policies, NLRA

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Changes Being Proposed to Washington’s Industrial Stormwater Permit

On May 1, 2019, the Washington State Department of Ecology published a draft of the new Industrial Stormwater General Permit (New Permit), asking for all public comments by June 29. The New Permit is scheduled to go into effect…more

Comment Period, Discharge of Pollutants, General Permit, Storm Water, Stormwater Discharge Permits

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Supreme Court Clarifies Standard for Undue Hardship for Religious Accommodations

Employers must consider a new, more rigorous standard before concluding that a proposed accommodation for a religious belief or practice presents a new hardship, following the U.S. Supreme Court's ruling in Groff v. DeJoy. No…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Appreciable or de Minimis: That Is the AI Question

As AI-generated materials are becoming more commonplace in creative works across the media landscape, content creators and distributors are seeking guidance on what information needs to be disclosed to the United States…more

Artificial Intelligence, Copyright, Copyright Office, Copyright Registration, De Minimis Claims

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Oregon Passes Sweeping Law to Protect Real Property and Residential Secured Borrowers

In response to COVID-19, on June 30, 2020 (effective date), Governor Brown signed into law HB 4204, adopted by the Legislative Assembly in its 2020 Special Session, which imposes significant limits on the default remedies of…more

Borrowers, Coronavirus/COVID-19, Foreclosure, Governor Brown, Notice Requirements

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Proposed SAFE Banking Act Would Have Positive Effects on Legal Cannabis Industry

This advisory contains analysis of draft legislation that has not been passed by Congress or signed into law. On February 13, the House Financial Services subcommittee held its first hearing on a draft bill that could have a…more

Banking Sector, Financial Institutions, Financial Services Industry, Marijuana, Marijuana Related Businesses

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Appreciable or de Minimis: That Is the AI Question

As AI-generated materials are becoming more commonplace in creative works across the media landscape, content creators and distributors are seeking guidance on what information needs to be disclosed to the United States…more

Artificial Intelligence, Copyright, Copyright Office, Copyright Registration, De Minimis Claims

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DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Washington Employers Now Have Greater Access to PFML Leave Information for Employees

Since Washington launched its Paid Family Medical Leave program ("PFML") in 2020, employers have had very limited access to information from the state regarding employee leaves, including when leaves begin or end. With the…more

Applications, Essential Health Benefits, Paid Family Leave Law, Privacy Laws, Reasonable Accommodation

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New Form I-9 Required by November 1 for New Hires and Reverifications

Starting November 1, 2023, employers must use a new version of the Form I‑9 to verify the employment eligibility of their employees. The new form, with an edition date of 08/01/23, is reduced to one page from two pages. The…more

Department of Homeland Security (DHS), E-Verify, Employees, Employer Liability Issues, Employment Authorization Documents (EAD)

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'Made in the USA'? USDA Pitches Major Changes for Labeling Meat and Egg Products

In March 2023, the USDA Food Safety and Inspection Service ("FSIS") issued a proposed rule that would amend regulations defining when companies may use the voluntary label claim "Product of USA" and "Made in the USA." Here's…more

Food & Drug Regulations, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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[Webinar] AI, Big Data, and Cloud Conference - November 17th, 12:00 pm - 2:45 pm PT

Please join us for our annual exploration of cutting-edge legal, business, and technology issues in Artificial Intelligence, Big Data and the Cloud as these sectors become the most active and important for technology law and…more

Artificial Intelligence, Big Data, Biometric Information, California Consumer Privacy Act (CCPA), Cloud Service Providers (CSPs)

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Dispute Resolution Methods: Uses of Alternative Dispute Resolution

Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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CFTC Issues Staff Advisory Letters on DCO Regulation: Prime Brokerage Arrangements and Digital Assets

In May 2023, the Division of Clearing and Risk ("DCR") of the Commodity Futures Trading Commission ("CFTC") issued two Staff Advisory letters addressing areas of regulatory focus related to Derivatives Clearing Organizations…more

Advisory Opinions, CFTC, Commodity Exchange Act (CEA), Cryptocurrency, Derivatives Clearing Organizations

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Update Your California Wage Theft Prevention Notices by Jan. 1, 2024

For years now, California law has required most employers to provide a Wage Theft Prevention Notice (aka Wage Theft Notice) to nonexempt employees, and the Labor Commissioner has provided an optional template for purposes of…more

California, H-2A, Labor Code, Non-Exempt Employees, Notice Requirements

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California Court of Appeal Reverses Summary Judgment in Time-Rounding Case Involving Electronic Timekeeping System

In Camp v. Home Depot, a Sixth Appellate District panel recently found against an employer that—although its electronic system recorded employee work-time to the minute—rounded daily totals to the nearest quarter-hour for…more

Employer Liability Issues, Employment Litigation, Timekeeping, Unpaid Wages, Wage and Hour

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2023 California Minimum Wage Update

The start of the new year will bring many changes to California's state and local minimum wage laws. California employers would be wise to take note of the following changes—set to take effect on January 1, 2023—that will impact…more

Employer Liability Issues, Minimum Wage, State Labor Laws, Wage and Hour

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Selling the Family Business: Dispute Resolution Mechanisms

Unlike in litigation, most parties to an M&A transaction are actively working towards a shared, overarching goal. Namely, they both want to get the deal done expeditiously. However, it would be a mistake to assume that the…more

Arbitration, Buyers, Dispute Resolution, Family Businesses, Popular

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Hazardous Waste Facilities Beware: PFAS Soon to Be Regulated Under RCRA

On January 31, 2024, the Environmental Protection Agency ("EPA") proposed two new rules that would add nine per- and polyfluoroalkyl compounds (known as "PFAS") to its list of hazardous constituents regulated under the Resource…more

CERCLA, Contamination, Corrective Action Plans (CAPs), Environmental Policies, Environmental Protection Agency (EPA)

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When Selling a Family Business, Advance Planning Is Key

Selling a business is a complicated affair. Add to that the emotions and interpersonal dynamics involved in a family-owned business, and it's easy to see why many families wait too long to sell or experience less than stellar…more

Business Assets, Business Plans, Buyers, Equity, Family Businesses

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Bringing the Heat

On June 26, 2018, Davis Wright Tremaine LLP hosted representatives of a prominent Northwest family-owned business at the latest edition of our Family Business Legacy Series. Jenni Isaak, Rick Robinson, and Rush Riese were on…more

Family Businesses

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Real MEAT Act Reintroduced in Congress

Sen. Deb Fischer (R-Neb.), a cattle rancher and member of the Senate Agriculture Committee, thinks alternative protein products deceive Americans by imitating real meat. To address this issue, she has reintroduced the Real MEAT…more

Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Product Labels, Proposed Legislation

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Los Angeles Safer at Home Order Does Not Exempt Entertainment Production

Over the weekend, Los Angeles County issued a revised version of its "Safer at Home" order that narrows the definition of "Essential Business."…more

Business Closures, Coronavirus/COVID-19, Entertainment Industry, Infectious Diseases, Operators of Essential Services

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DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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A Makeover for the Cosmetic Industry: Legal Style

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023 (H.R. 2617), which by its name does not appear to have anything to do with cosmetics. However, buried in the approximately 1,650…more

Consolidated Appropriations Act (CAA), Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Modernization of Cosmetics Regulation Act of 2022 (MoCRA)

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California Supreme Court Analyzes Anti-SLAPP Protection for Speech in a Commercial Setting: Courts Must Consider Challenged Statement’s Context

The California Supreme Court unanimously decided earlier in the year that in ruling on an anti-SLAPP motion, the context of a defendant’s statement—such as the commercial nature of the statement, the identity of the speaker, the…more

Anti-SLAPP, CA Supreme Court, Cal Code of Civil Procedure, Commercial Speech

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A Moment of Clarity for the SEC’s Regulation of Cryptocurrencies

There is a certain irony in the fact that the legal principles that currently govern the regulatory treatment of cryptocurrencies draw primarily from a 1946 case dealing with investment contracts in Florida orange groves…more

Cryptocurrency, Digital Assets, Digital Currency, Initial Coin Offering (ICOs), Securities Act of 1933

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Washington’s My Health My Data Act and its Nevada Twin are Now in Effect – Are You Ready?

Washington's My Health My Data Act (Act), which imposes substantial new obligations on the collection and use of broadly defined "consumer health data" (CHD), went into effect March 31, 2024. Everyone that conducts business in…more

Data Collection, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, Mental Health

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FERC Directs NERC to Expand Protections to Internal Networks

On January 20, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) directing the North American Electric Reliability Corporation (NERC) to develop new or modified standards that…more

Bulk Electric System, Cybersecurity, Electricity, Energy Sector, FERC

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Carrot or Stick? FERC Grapples With How to Incentivize Electric Utility Cybersecurity Investments

The U.S. electric grid is a prime target for cyberattacks, including by both nation-state actors and organized crime. Electric utilities have been ahead of much of the rest of the energy sector in hardening their cybersecurity…more

Cybersecurity, Energy Sector, FERC, Infrastructure Investment and Jobs Act (IIJA), NERC

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Reminder: Have You Filed Your Encryption Self-Classification Reports with the Bureau of Industry and Security?

This is a reminder that annual self-classification reports and semi-annual reports for hardware, software, or technology utilizing encryption ("Encryption Items") were due to be filed by February 1, 2024, with the Bureau of…more

Bureau of Industry and Security (BIS), CCATS, Encryption, Export Administration Regulations (EAR), Hardware

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Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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