Author Info for Holland & Hart LLP

Becky Achten

Both Sides Now… Must Be Alert to Cybersecurity

by Becky Achten New guidance from the Employee Benefits Security Administration (EBSA) affirms that both sides—retirement plans and welfare plans—must take steps to secure participant data from cybercrime. In 2021 the…more

401k, Compliance, Cybersecurity, Department of Labor (DOL), EBSA

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Erik Adams

Looming Deadline for California Employers to Implement a Workplace Violence Prevention Program

Starting July 1, 2024, California will begin requiring employers to implement a workplace violence prevention program. What are the New Requirements? California already requires nearly all employers to implement an…more

California, Employees, Employer Liability Issues, Healthcare Facilities, Labor Reform

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Tom Alldridge

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in…more

Burden of Proof, Business Litigation, Commercial Electronic Messages, Corporate Counsel, Demand Letter

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John Anderson

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Robert Ayers

Looming Deadline for California Employers to Implement a Workplace Violence Prevention Program

Starting July 1, 2024, California will begin requiring employers to implement a workplace violence prevention program. What are the New Requirements? California already requires nearly all employers to implement an…more

California, Employees, Employer Liability Issues, Healthcare Facilities, Labor Reform

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Timothy Bagshaw

Important Changes to EPA's RCRA Program

The Environmental Protection Agency (EPA) has made several recent changes that will affect compliance obligations under the Resource Conservation and Recovery Act (RCRA). First, EPA finalized revisions to the definition of solid…more

E-Waste, Environmental Protection Agency (EPA), Final Rules, Hazardous Waste, Manufacturers

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Thomas Balmat

Main Street Lending Program Now Open to Borrowers and Lenders

On July 6, 2020, the Federal Reserve Bank of Boston announced that the Main Street Lending Program is now fully operational. This means that lenders who registered for the program can administer, and borrowers can apply for,…more

Borrowers, CARES Act, Coronavirus/COVID-19, Lenders, Main Street Lending Programs

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Bryan Benard

DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the Fair…more

Audits, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Jennifer Benda

the buzz: Cannabis News & Policy Update | August 2024

Welcome to the buzz, our monthly cannabis news and policy update. Your at-a-glance source for regulatory developments, agency announcements, and trends impacting the cannabis industry. This month's highlights include: • IRS…more

Cannabis Products, CIMA, IRS, Licensing Rules, Regulatory Standards

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Jonathan Bender

Colorado Legislative Update: Sales Tax Exemption Legislation Affecting Mining Industry

At the Colorado Capitol this week, the Tax Expenditure Evaluation Interim Committee voted to move forward with legislation related to the sales tax exemption for the purchases of electricity, gas, and other types of energy used…more

Electricity, Manufacturers, Mining, Oil & Gas, Proposed Legislation

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Doug Benevento

What's on Congress' PFAS Agenda?

Federal legislative activity on PFAS is expected to pick up considerably as Congress comes closer to adjourning for the year. While it’s mid-May, there are only about 70 legislative days left before the end of the year, and as…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Proposed Legislation

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Dean Bennett

Idaho Legislature Repeals 2016 Changes to Non-Compete Law

When a new business comes to town, when an existing business seeks to expand, or when a startup is making its way off the ground, it may want (or need) to recruit key employees from existing companies. That can be especially…more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, Independent Contractors

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Brenda Berg

Just Because I’m Missing, Doesn’t Mean I’m Lost: Should Plan Sponsors Provide Data for the DOL’s Missing Participant Database?

“Missing participants” have long been a thorn in the side of plan sponsors and administrators, as they are owed a retirement benefit, but are unable to be found or unresponsive to plan communications. As a partial solution,…more

Benefit Plan Sponsors, Confidential Information, Data Collection, Databases, Department of Labor (DOL)

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Utsarga Bhattarai

BLM Finalized New Waste Prevention Rule – What Does it Mean for Industry?

The Bureau of Land Management (BLM) finally released its new Waste Prevention Rule (“Rule”), which was originally proposed back in November 2022. The new Rule, which will be published in the Federal Register soon, is aimed at…more

Air Quality Standards, Bureau of Land Management, Inflation Reduction Act (IRA), Natural Gas, New Rules

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Sarah Bordelon

Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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James Borgel

Weld County is Moving Quickly to Place Extreme Limits on Solar Development

Weld County, Colorado is moving quickly to place extreme limits on solar development. This week the Weld County Board of County Commissioners plans to take initial steps toward adopting amendments to the County zoning code…more

Proposed Amendments, Solar Energy

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Amy Bowler

New SEC Rules Enhance Regulation of Private Fund Advisers

Recently, the Securities and Exchange Commission (the “SEC”) adopted much anticipated rules under the Investment Advisers Act of 1940 (the “Advisers Act”) aimed at (i) bolstering the regulation of private fund advisers and…more

Audits, Books & Records, Clawbacks, Compensation, Disclosure Requirements

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Leslie Boyle

Rejection of Gathering Agreements in Bankruptcy Affirmed by Second Circuit in Sabine Oil & Gas

On May 25, 2018, the United States Court of Appeals for the Second Circuit confirmed in re Sabine Oil & Gas Corp. that a midstream gathering agreement did not create a real covenant that ran with the land, and therefore, a…more

Bankruptcy Code, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Executory Contracts

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Kate Bradshaw

Utah Primary Update 2024

Utah’s Primary Election results continued the multi-year trend of voters rejecting the Republican candidates selected by delegates at the Republican county and state conventions. Several incumbents were forced to Primaries this…more

Political Candidates, Primary Elections, State and Local Government, State Elections

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Susie Brancaccio

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few months…more

Appeals, Biden Administration, Clean Water Act, Environmental Litigation, Environmental Policies

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Melissa Braun

IRS Issues Final Prevailing Wage and Apprenticeship Regulations

On June 25, 2024, the Internal Revenue Service and U.S. Department of Treasury published final Treasury Regulations (“Final Regulations”) in the Federal Register on the prevailing wage and registered apprenticeship requirements…more

Apprenticeships, Final Rules, Internal Revenue Code (IRC), IRS, Prevailing Wages

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Kathryn Brautigam

HHS Proposes Disincentives for Providers Who Violate the Information Blocking Rule

The U.S. Department of Health and Human Services (HHS) released a proposed rule that establishes disincentives for healthcare providers who violate the Information Blocking Rule (IBR) under the 21st Century Cures Act ("Cures…more

21st Century Cures Act, ACOs, Critical Access Hospitals, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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Ken Broda-Bahm Ph.D.

Consider Involving -Both- Sides in the Mock Trial

Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a…more

Juror, Mediation, Mock Trials

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Mark Buchi

Utah Tax Restructuring and Equalization Task Force Releases Draft of Tax Restructuring Policy Proposal

In an effort to address Utah’s structural tax revenue imbalance, the Utah Tax Restructuring and Equalization Task Force released a draft of its tax restructuring policy proposal (Proposal). The Proposal is authored by Senator…more

Federal Agency Taskforce, Legislative Agendas, Public Policy, State Budgets, State Funding

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Bret Busacker

Go Your Own Way (Or Maybe Not): New Heightened Fiduciary Standards are Coming to Group Health Plans

There has been a shift taking place in ERISA litigation and compliance that could significantly impact group health plan fiduciary requirements. We anticipate group health plan fiduciary standards will evolve along the same…more

401k, Consolidated Appropriations Act (CAA), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, ERISA Litigation

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Michael Carrigan

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in…more

Burden of Proof, Business Litigation, Commercial Electronic Messages, Corporate Counsel, Demand Letter

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William Cason

No More Non-Competes

In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements…more

Confidential Information, Confidentiality Agreements, Contract Terms, Employment Contract, Non-Compete Agreements

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Matthew Cavarra

Strategies for Dealing with Critical Suppliers in Distress

As the economic impact of the COVID-19 pandemic continues to affect a greater number of businesses, suppliers’ capabilities to access cash through debt and equity will likely be further constrained. For customers procuring…more

Coronavirus/COVID-19, Software, Technology

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Bradley Cave

10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Handbooks, Employee Training, Employer Liability Issues

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Chris Chrisman

Third Circuit: Unpaid Royalties in Bankruptcy are Subject to Constructive Trust under Colorado Law

The United States Court of Appeals for the Third Circuit determined that, under Colorado law, unpaid royalties are real property interests and not property of the bankruptcy estate, reversing lower courts in Delaware that…more

Appeals, Bankruptcy Code, Bankruptcy Court, Colorado, Natural Gas

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Adam Cohen

IRS Issues Final Prevailing Wage and Apprenticeship Regulations

On June 25, 2024, the Internal Revenue Service and U.S. Department of Treasury published final Treasury Regulations (“Final Regulations”) in the Federal Register on the prevailing wage and registered apprenticeship requirements…more

Apprenticeships, Final Rules, Internal Revenue Code (IRC), IRS, Prevailing Wages

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William Colgin

Court News: Economic Substance Doctrine Nullifies Transaction

The IRS won a major economic substance case on October 31. A federal district court in Liberty Global, Inc. v. United States, No. 20-cv-03501 (D. Colo.), found that a planned corporate transaction lacked economic substance. …more

Controlled Foreign Corporations, Economic Substance Doctrine, GILTI tax, Income Taxes, IRS

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Susan Combs

Court News: Economic Substance Doctrine Nullifies Transaction

The IRS won a major economic substance case on October 31. A federal district court in Liberty Global, Inc. v. United States, No. 20-cv-03501 (D. Colo.), found that a planned corporate transaction lacked economic substance. …more

Controlled Foreign Corporations, Economic Substance Doctrine, GILTI tax, Income Taxes, IRS

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Kody Condos

A Tale Of Two Rulings: This Week’s Conflicting Decisions On The Pregnant Worker’s Fairness Act

Tuesday, June 18, 2024, marks the effective date of the Pregnant Worker’s Fairness Act (“PWFA”) Final Rule, which is now effective in 48 states. The path to implementing the PWFA has been fraught with lawsuits, culminating in…more

Appeals, Dismissals, Equal Employment Opportunity Commission (EEOC), Final Rules, Mootness

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Timothy Crisp

Continuing Reporting Obligations Under the Corporate Transparency Act: You're Never Done

Most smaller businesses newly formed or registered to do business in the United States will soon be required to file their initial beneficial ownership report with the federal Financial Crimes Enforcement Network (FinCEN),…more

Beneficial Owner, Budgets, Compensation, Corporate Transparency Act, Debt

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Natalie Cristo

State Level PFAS Regulations Are Coming: Are You Ready?

As the US Environmental Protection Agency (EPA) expands its regulation of per-and polyfluoroalkyl substances (PFAS), a number of states have also taken steps to regulate the use, production, and sale of products containing PFAS…more

Environmental Protection Agency (EPA), PFAS, Proposed Legislation, Regulatory Agenda, Toxic Chemicals

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James Crowe

Debt-Free Deals with "Free Debt" – Practical Solutions for Sellers with PPP Loans in M&A

The majority of middle-market M&A has followed a similar structure for quite some time: while ensuring normalized working capital, the seller sweeps “Cash” and pays off all “Debt” at closing. The nuance, of course, lies in the…more

Cash Transactions, Collateral, Coronavirus/COVID-19, Debt, Loan Forgiveness

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William Crowther

SCOTUS Curbs Agency Power, Empowering Businesses in Four Admin Law Cases

In the final days of the US Supreme Court’s session, the Court issued four rulings taking the side of the regulated community against federal agencies. While the implications of these cases could take several years to fully…more

Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Dodd-Frank, Loper Bright Enterprises v Raimondo, Ohio v Environmental Protection Agency

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Nadya Davis

Pity for Parody – SCOTUS Decision Sides with Jack Daniel's

Key Take-Aways - Infringers/diluters who are using another’s mark to identify the source of their own good or service cannot rely on Rogers (to shield from application of the likelihood of confusion factors) or “fair use” (to…more

Cease and Desist, Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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Nate Davis

New California Proposition 65 Warning Requirements Apply to the Outdoor Recreation Industry

New Proposition 65 regulations take effect on August 30, 2018. We invite you to take a deeper dive into what the Proposition 65 changes mean for your outdoor recreation company and learn what you can do to implement and bolster…more

Manufacturers, New Regulations, OEHHA, Proposition 65, Recreation

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Cindy DeLancey

Highlights from the 2024 Wyoming Legislative Budget Session

Dramatic Finish to the Legislative Session Two weeks after the 67th Wyoming Legislature left Cheyenne, the legislative process concluded. The Governor used all of the available time before the March 23 deadline to make veto…more

Energy Projects, Federal Land, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Mining

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J. Malcolm DeVoy

CMS Updates EMTALA Signage for Hospitals

On August 13, 2024, the Centers for Medicare and Medicaid Services (CMS) and its Center for Clinical Standards and Quality / Quality, Safety & Oversight Group issued its memorandum QSO-24-17-EMTALA (the “Memorandum”), providing…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Emergency Rooms, EMTALA, Health Care Providers

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Katy DeVries Riker

Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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Mike Dill

Crypto, DAOs, and the Wyoming Frontier

On July 1, 2021, Wyoming’s Decentralized Autonomous Organization (“DAO”) law (Wy. Stat. § 17-31-101 through 17-31-115) became effective. This makes Wyoming the first U.S. state to clarify the legal status of, and legally…more

Blockchain, Cryptocurrency, Dispute Resolution, Ethereum, Hackers

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Dana Dobbins

Preventing Double-Dipping: Ensure that Paid Parental Leave Runs Concurrently with FAMLI Leave and FMLA

In Colorado, beginning on January 1, 2024, eligible employees can take paid leave for a variety of circumstances under Colorado’s Family and Medical Leave Insurance (FAMLI) program. Given that the FAMLI program is still in its…more

Employment Policies, Family and Medical Leave Act (FMLA), Paid Leave, Parental Leave, Policies and Procedures

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Matthew Dolphay

MT Supreme Court Greenlights First New Copper Mine in Decades

In a momentous decision last week, the Montana Supreme Court affirmed the Montana Department of Environmental Quality's (MDEQ) issuance of a mine operating permit to Tintina Montana for the Black Butte Copper Project, rejecting…more

Contractors, Department of Environmental Quality, MT Supreme Court, Renewable Energy

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Lyn Domenick

Never Make Your SPD Move Too Soon… or Should You?

by Lyn Domenick As the late, great B.B. King would sing, never make your move too soon. That’s often a smart approach in life. But when it comes to employee benefits communications, that might not be the right advice..…more

Benefit Plan Sponsors, Deadlines, Employee Benefits, Retirement Plan, Retirement Plan Providers

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Diane Mathis-Durfey

The Russia – Ukraine Conflict: Making Difficult Decisions in Uncertain Times

It was 1993. I was 25, a young American lawyer living and working in Moscow. As events are now unfolding in Russia and Ukraine, I am reminded of the images of tanks rolling down the street outside my window and the fear of…more

Compliance, Currency Fluctuation, Cyber Attacks, Economic Sanctions, Military Conflict

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Stephanie Edinger

Rejection of Gathering Agreements in Bankruptcy Affirmed by Second Circuit in Sabine Oil & Gas

On May 25, 2018, the United States Court of Appeals for the Second Circuit confirmed in re Sabine Oil & Gas Corp. that a midstream gathering agreement did not create a real covenant that ran with the land, and therefore, a…more

Bankruptcy Code, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Executory Contracts

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Steven Eheart

The FTC’s Noncompete Ban Is Dead—For Now

Employers finally have the answer they’ve been waiting for: they don’t need to comply with the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements—for now…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Andrew Emrich

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration released two significant policies aimed at analyzing and curtailing the impact…more

Biden Administration, Bureau of Land Management, Carbon Emissions, Clean Energy, Climate Action Plan

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Michael Feldewert

New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

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Murray Feldman

Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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Angela Franklin

Biden Administration's 30x30 Conservation Goal: Only the Beginning

President Biden identified his goal "of conserving at least 30 percent of our lands and waters by 2030" (the 30x30 goal) in Section 216 of Executive Order No. 14008, "Tackling the Climate Crisis at Home and Abroad" (EO 14008)…more

Agricultural Sector, Biden Administration, Climate Change, Conservation, Department of Agriculture

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Craig Galli

Buckle Up for the SEC's Mandatory Climate Change Reporting Ride

On March 21, 2022, the US Securities and Exchange Commission (the "SEC") proposed rules governing the "Enhancement and Standardization of Climate-Related Disclosures for Investors."…more

Clean Air Act, Climate Change, Compliance, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Christine Garson

Guidance on Extension of Statute of Limitations for Civil and Criminal Violations of Sanctions Authorities

On July 22, 2024, the Office of Foreign Assets Control (“OFAC”) published guidance regarding recent legislation extending the statute of limitations for civil and criminal violations of the International Emergency Economic…more

International Emergency Economic Powers Act (IEEPA), Office of Foreign Assets Control (OFAC), Policies and Procedures, Recordkeeping Requirements, Statute of Limitations

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Benjamin Gibbons

Vacation, All I Ever Wanted – But Don’t Forget Your July Compliance Deadlines

Congratulations! You made it to summer, that wonderful time of year when things at work (hopefully) slow down a bit and you’re able to take some well-deserved time off. Though before you Go-Go(‘s) (do you see what I did there?),…more

Audits, Compliance, Deadlines, Extensions

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Rachel Gillette

the buzz: Cannabis News & Policy Update | August 2024

Welcome to the buzz, our monthly cannabis news and policy update. Your at-a-glance source for regulatory developments, agency announcements, and trends impacting the cannabis industry. This month's highlights include: • IRS…more

Cannabis Products, CIMA, IRS, Licensing Rules, Regulatory Standards

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Heidi Glance

Providing Disaster Relief Payments or Charitable Assistance to Employees During COVID-19

Employers may provide disaster relief payments and/or charitable assistance to employees in several ways. The following includes brief descriptions of each scenario in the context of the COVID-19 pandemic and corresponding…more

Charitable Donations, Coronavirus/COVID-19, Employee Assistance Programs, IRS, Qualified Disaster Relief Payments

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Marcy Glenn

Supreme Court OK's TABOR Repeal Initiative

Law Week Colorado Last year, a divided Colorado Supreme Court ruled that an initiative to repeal the Taxpayers’ Bill of Rights didn’t violate the state’s “single subject” rule and could move forward. But the impact of this…more

CO Supreme Court, Repeal, State Constitutions, Taxpayers' Bill of Rights

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David Glynn

Guidance on Extension of Statute of Limitations for Civil and Criminal Violations of Sanctions Authorities

On July 22, 2024, the Office of Foreign Assets Control (“OFAC”) published guidance regarding recent legislation extending the statute of limitations for civil and criminal violations of the International Emergency Economic…more

International Emergency Economic Powers Act (IEEPA), Office of Foreign Assets Control (OFAC), Policies and Procedures, Recordkeeping Requirements, Statute of Limitations

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Greg Goldberg

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Laura Granier

Restraining ESA Critical Habitat: Ninth Circuit Overturns FWS’s Jaguar Critical Habitat Designation

On May 17, 2023, in Center for Biological Diversity v. U.S. Fish & Wildlife Service (CBD v. FWS), the Ninth Circuit Court of Appeals set aside parts of the U.S. Fish and Wildlife Service’s (FWS) designation of critical habitat,…more

Center for Biological Diversity, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Andrea Grave

BLM Raises Fees for Unpatented Mining Claims, Mill Sites and Tunnel Sites Impacting Payments Due September

On July 1, 2024, the Bureau of Land Management (BLM) issued a final rule to adjust location and maintenance fees for federal unpatented mining claims, mill sites, and tunnel sites. The Mining Law of 1872, 30 U.S.C. § 28j(c)…more

Bureau of Land Management, Consumer Price Index, Fees, Final Rules, Maintenance Fees

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Michael Geraghty

No More Non-Competes

In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements…more

Confidential Information, Confidentiality Agreements, Contract Terms, Employment Contract, Non-Compete Agreements

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Chris Groll

10 Tips to Mitigate the Risk of Deal Breakups in the Era of COVID-19

People involved in mergers and acquisitions know there are risks inherent in every deal, including the risk that the parties will spend time and money and then the deal will not close. The only certainty in the COVID-19 world…more

Coronavirus/COVID-19, Due Diligence, Exclusivity, Financing, Letters of Intent

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Steven Gutierrez

Religious Accommodation: SCOTUS Approaching Decision on Title VII ‘Undue Hardship’ Standard

On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision…more

Amazon, Americans with Disabilities Act (ADA), Civil Rights Act, Collective Agreements, Religious Accommodation

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Joshua Halen

Events Excusing Performance of a Contract

My company cannot perform under a contract. What are my options? When unexpected events occur such as a global pandemic, parties to a contract may need to evaluate various legal bases to excuse performance under an otherwise…more

Anticipatory Repudiation, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose, Uniform Commercial Code (UCC)

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Jody Hall

2022 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

The 2022 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. Probate practitioners should be aware of the change in figures related to…more

Colorado, Cost-of-Living Adjustment (COLA), Probate Code

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Gabriel Hamilton

Beginning a Vet Practice in the Beehive State

There are plenty of attractive reasons to launch or buy a veterinary practice in Utah. The beehive, the official emblem of Utah, is a symbol of diligence and perseverance, and the state’s hard work and industry has paid off: In…more

Animal Drugs, Animal Health, Pets, Veterinarians, Veterinary Products

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Julie Hamilton

California’s New Right to Reproductive Loss Leave Effective January 1

As we begin 2024, California has a new right for employees to take leave to grieve loss that went into effect with the new year. Effective January 1, 2024, the state will require employers with five or more employees to…more

California, FEHA, Paid Leave, Reproductive Healthcare Issues, State Labor Laws

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Phil Harris

Self-Driving Cars: Are You In or Out?

Autonomous vehicle testing and development continues to accelerate. Problems and setbacks, however, have delayed technology advancement and assessment, and influenced public perception of this new transportation mechanism…more

Automation Systems, Automotive Industry, Bodily Injury, Car Accident, Connected Cars

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Matthew Hippler

Events Excusing Performance of a Contract

My company cannot perform under a contract. What are my options? When unexpected events occur such as a global pandemic, parties to a contract may need to evaluate various legal bases to excuse performance under an otherwise…more

Anticipatory Repudiation, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose, Uniform Commercial Code (UCC)

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Brian Hoffman

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Tyson Horrocks

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

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Loren Hulse

IP Opportunities and Options for Small and Startup Businesses

Business owners and founders face a mountain of decisions and needs in the early days of their company. Infrastructure, supply chains and personnel issues often attract the lion’s share of attention, in part because of their…more

Patents, Small Business, Trade Secrets, Trademarks, USPTO

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Arthur Hundhausen

Providing Disaster Relief Payments or Charitable Assistance to Employees During COVID-19

Employers may provide disaster relief payments and/or charitable assistance to employees in several ways. The following includes brief descriptions of each scenario in the context of the COVID-19 pandemic and corresponding…more

Charitable Donations, Coronavirus/COVID-19, Employee Assistance Programs, IRS, Qualified Disaster Relief Payments

See all updates »

Alison Hunter

EPA Issues Final Rule Revising CWA Section 401 Regulation

On June 1, 2020, the U.S. Environmental Protection Agency (EPA) released a Final Rule revising its regulations implementing Section 401 of the Clean Water Act (CWA). Section 401 gives states and tribes the authority to evaluate…more

Certifications, Clean Water Act, Environmental Protection Agency (EPA), Final Rules, State and Local Government

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Jennifer Huntsman

Recent EPA Guidance Spells Out Superfund Liability Protections Available to Local Governments

State and local governments are in a unique position when it comes to facilitating the cleanup and redevelopment of contaminated properties within their jurisdictions and can play a vital role in revitalizing neighborhoods…more

CERCLA, Contaminated Properties, Environmental Protection Agency (EPA), Hazardous Substances, New Guidance

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Christopher Jackson

Supreme Court Poised to Issue Blockbuster Decision on Free Speech

Earlier this year, the U.S. Supreme Court agreed to hear 303 Creative, LLC v. Elenis, an appeal brought by a Colorado website designer who claims she has a First Amendment right to refuse to make websites for same-sex weddings…more

American Civil Liberties Union (ACLU), Anti-Discrimination Policies, Appeals, Free Speech, NAACP

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Mickell Jimenez

U.S. Supreme Court Blocks OSHA's Vaccine-or-Test Rule; Upholds CMS's Healthcare Vaccine Mandate

The U.S. Supreme Court, in a 6-3 decision, has blocked the Department of Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring private employers with 100 employees or more to…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates, National Federation of Independent Business v Department of Labor and OSHA

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Brent Johnson

Alternative Means for FDA Approval of Pet Care Drugs – Part 3: Differences Between Major and Minor Species

This update is the final in a multi-part series exploring FDA approval of pet care drugs. In part one of our series we discussed that before an animal drug product can be legally marketed for use in animals, a New Animal Drug…more

Animal Drugs, FDA Approval, Food and Drug Administration (FDA), Orphan Drugs, Pets

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Kelly Johnson

Bipartisan Infrastructure Bill Invests Billions in CCUS

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (“Bipartisan Infrastructure Bill”), a $1.2 trillion commitment of funding for the country’s physical infrastructure. Along with…more

Biden Administration, Carbon Capture and Sequestration, Department of Energy (DOE), Infrastructure, Tax Credits

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Karol Kahalley

BLM Raises Fees for Unpatented Mining Claims, Mill Sites and Tunnel Sites Impacting Payments Due September

On July 1, 2024, the Bureau of Land Management (BLM) issued a final rule to adjust location and maintenance fees for federal unpatented mining claims, mill sites, and tunnel sites. The Mining Law of 1872, 30 U.S.C. § 28j(c)…more

Bureau of Land Management, Consumer Price Index, Fees, Final Rules, Maintenance Fees

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Jon Katchen

Chevron is Dead…But Modified Agency Deference May Exist

“Chevron is overruled.” The Supreme Court did not mince words in its June 28, 2024, opinion in Loper Bright Enterprises v. Raimondo. Contrary to many predictions, the Court did not merely clarify or water down its 1984 decision…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Derek Kearl

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in…more

Burden of Proof, Business Litigation, Commercial Electronic Messages, Corporate Counsel, Demand Letter

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Shaun Kennedy

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Kathryn Carlisle-Kesling

Promises Delivered: CDFI Fund Announces $5 Billion in New Market Tax Credits

On September 1, 2021, at a time when America’s underserved and distressed communities need financial investment the most, the U.S. Department of Treasury through its Community Development Financial Institution Fund announced it…more

CDFI Fund, Community Development Entities, Internal Revenue Code (IRC), New Market Tax Credits, Qualified Investment Funds (QIFs)

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Kristy Kimball

DOJ Announces Significant Changes to Corporate Criminal Enforcement Policies

On October 28, 2021, Deputy Attorney General Lisa Monaco issued a Memorandum entitled “Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies,” which she explained the same day in her…more

Compliance, Corrective Actions, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Actions

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Allison Kjellander

OIG Issued Updated General Compliance Program Guidance for Healthcare Providers and Stakeholders

On Monday, November 6, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released its General Compliance Program Guidance (“GCPG”) for the general healthcare compliance community and…more

Anti-Kickback Statute, Audits, Civil Rights Act, Compliance, Corrective Actions

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Emily Klick

Iterative Diligence: Information in Real-Time is Crucial for Buyers During COVID-19

COVID-19 and its disruptions are not going away anytime soon. Buyers in M&A deals are wise to keep their pulse on real-time financial and business relationship information given the almost daily changes in the “new normal”…more

Buyers, Coronavirus/COVID-19, Due Diligence, Minimum Purchase Requirements, Termination Rights

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Joshua Kohler

DEI after SCOTUS University Admissions Decision

With the Supreme Court’s recent consolidated opinion on the affirmative action programs at Harvard and the University of North Carolina (UNC) in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and…more

Affirmative Action, Diversity, Federal Contractors, OFCCP, SCOTUS

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Lynn Kornfeld

CDPHE Issues New Changes Regarding PFAS

On February 29, 2024, the Colorado Department of Public Health and Safety (CDPHE) withdrew its prior amended version to the Industrial Stormwater General Permit for Non-Extractive Industries, COR900000 — even before its…more

Corrective Actions, NPDES, PFAS, Storm Water

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Bryce Kunimoto

Step-by-Step Process of Applying For and Taking a Deposition at the U.S. Embassy or U.S. Consulate in Japan

In 2020, Japan imposed strict COVID-19 measures which, among other things, has since prevented most Americans from entering Japan. Japan’s border closings created a dilemma for litigators who needed to depose a witness in situ…more

Depositions, International Deposition Reservations, International Depositions, Japan, Litigation Strategies

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Frank LaForge

Alter Ego: When Individuals May Be Liable for Corporate Debts

Nevada encourages business ventures and entrepreneurism by allowing individuals to form corporations as a shield against personal liability. Generally, individuals are considered separate from the corporations they control. So,…more

Corporate Liability, Debt, Limited Liability Company (LLC), Personal Liability, Piercing the Corporate Veil

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Dora Lane

What Did the Nevada Legislature Change for Employers this Session?

In 2023, the Nevada Legislature passed employment-related bills on various subjects including employee leave entitlements, final wage payment, and employee misclassification. Some of these bills are discussed below…more

Employee Definition, Layoffs, Misclassification, Nevada, New Legislation

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Ann Lee

A Path Towards Legal Permanent Residency: Applications Open on August 19, 2024 for New DHS Family Unity Program

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking…more

Applications, Criminal Records, DACA, Department of Homeland Security (DHS), Filing Deadlines

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Andy LeMieux

Ute Indian Tribe Asserts Ownership of All Federal Lands in the Uncompahgre Reservation

On March 8, 2018, the Ute Indian Tribe of the Uintah and Ouray Reservation (the "Tribe") filed a lawsuit in the United States District Court for the District of Columbia against the United States, the Department of the Interior…more

Action to Quiet Title, Department of the Interior, Indian Reorganization Act, Injunctions, Injunctive Relief

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Andrew Lillie

Buckle Up for the SEC's Mandatory Climate Change Reporting Ride

On March 21, 2022, the US Securities and Exchange Commission (the "SEC") proposed rules governing the "Enhancement and Standardization of Climate-Related Disclosures for Investors."…more

Clean Air Act, Climate Change, Compliance, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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John Ludlum

I Seen a Girl on a One-Way Corridor, Stealing Down a Wrong-Way Street – Tax Opportunities with ISOs in M&A

by John Ludlum Incentive Stock Options (“ISOs”) have a somewhat legendary status as equity incentives for technology and other early-stage companies. It is true that ISOs are one of two types of equity awards that can achieve…more

Alternative Minimum Tax, Capital Gains, Incentive Stock Options, Shareholders

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Timothy Lukas

Pets Are Not Cars: The Perils of the Lease-to-Own Business Model for Pets

Is pet leasing a real business model? The short answer is that pet leasing fails as a business enterprise model. First, pets are not cars nor any other type of tangible collateral lacking any instinctive permanency to…more

Business Model, Leases, Pets

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Ryan Lundquist

DoD OUSD Memorandum Provides Guidance on Addressing Inflation Cost Impacts

In a fixed-price contract, increased costs caused by market inflation alone will not entitle the contractor to an equitable adjustment. Contracting Officers are advised to utilize contract provisions that include an Economic…more

Audits, Contractors, Department of Defense (DOD), Fixed Price Contracts, New Guidance

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Troy Lyons

What's on Congress' PFAS Agenda?

Federal legislative activity on PFAS is expected to pick up considerably as Congress comes closer to adjourning for the year. While it’s mid-May, there are only about 70 legislative days left before the end of the year, and as…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Proposed Legislation

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Stephen Masciocchi

Supreme Court OK's TABOR Repeal Initiative

Law Week Colorado Last year, a divided Colorado Supreme Court ruled that an initiative to repeal the Taxpayers’ Bill of Rights didn’t violate the state’s “single subject” rule and could move forward. But the impact of this…more

CO Supreme Court, Repeal, State Constitutions, Taxpayers' Bill of Rights

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Eric Maxfield

What Healthcare Providers Need to Know About EKRA

In October 2018, the President signed the SUPPORT for Patients and Communities Act, a portion of which is known as the “Eliminating Kickbacks in Recovery Act of 2018” or “EKRA.” EKRA, aimed at the ongoing opioid crisis, is meant…more

Anti-Kickback Statute, Clinical Laboratories, Drug Treatment, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Health Care Providers

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Cameron McCue

Supreme Court Restores the EMTALA Exception to Idaho’s Abortion Ban for Now

On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA cases…more

Abortion, Department of Health and Human Services (HHS), Department of Justice (DOJ), EMTALA, Preliminary Injunctions

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Christopher McCurdy

Chasing Their Tails: Are Service Animals Protected Under the American Disabilities Act?

Imagine you are the owner of a valuable service animal, a German Shepherd, and you need to board the dog while you attend a conference. What rights, if any, does the German Shepherd have for protection under the American…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Public Accommodation, Service Animals, Title III

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Erica Medley

Step-by-Step Process of Applying For and Taking a Deposition at the U.S. Embassy or U.S. Consulate in Japan

In 2020, Japan imposed strict COVID-19 measures which, among other things, has since prevented most Americans from entering Japan. Japan’s border closings created a dilemma for litigators who needed to depose a witness in situ…more

Depositions, International Deposition Reservations, International Depositions, Japan, Litigation Strategies

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William Mercer

MT Supreme Court Greenlights First New Copper Mine in Decades

In a momentous decision last week, the Montana Supreme Court affirmed the Montana Department of Environmental Quality's (MDEQ) issuance of a mine operating permit to Tintina Montana for the Black Butte Copper Project, rejecting…more

Contractors, Department of Environmental Quality, MT Supreme Court, Renewable Energy

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Brit Merrill

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

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Zachary Metzger

7 Ways CA Assembly Bill 1535 Impacts Veterinary Medicine

Effective January 1, 2022, California Assembly Bill 1535 and related rulemaking have significantly revised the rules governing the practice of veterinary medicine in California. Key changes include: #1 - Elimination of the…more

Animal Shelters, California, Fees, Licensing Rules, Permits

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Jane Michaels

Tips for Effective Advocacy in Arbitration

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration…more

Arbitration, Arbitration Awards, Arbitrators, Attorney's Fees, Commercial Arbitration

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Matt Micheli

Highlights from the 2024 Wyoming Legislative Budget Session

Dramatic Finish to the Legislative Session Two weeks after the 67th Wyoming Legislature left Cheyenne, the legislative process concluded. The Governor used all of the available time before the March 23 deadline to make veto…more

Energy Projects, Federal Land, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Mining

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Thomas Morales

DoD OUSD Memorandum Provides Guidance on Addressing Inflation Cost Impacts

In a fixed-price contract, increased costs caused by market inflation alone will not entitle the contractor to an equitable adjustment. Contracting Officers are advised to utilize contract provisions that include an Economic…more

Audits, Contractors, Department of Defense (DOD), Fixed Price Contracts, New Guidance

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Cristina Mulcahy

New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

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Brian Mumaugh

Service Advisors Exempt From Overtime, Says Supreme Court

In a 5-to-4 decision, the Supreme Court ruled that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). In an opinion written by Justice Thomas, and joined by Justices…more

Appeals, Automotive Industry, Car Dealerships, Department of Labor (DOL), Exempt-Employees

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Kevin Murray

CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive Environmental…more

CERCLA, Clean-Up Costs, Environmental Protection Agency (EPA), Hazardous Substances, Liability

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Chris Myers

New Investment Adviser Marketing Rule Now in Effect

The transition period for recently adopted changes intended to modernize rules that govern investment adviser advertisements and compensation of solicitors has expired (effective November 4, 2022). The new rules revise and…more

Advertising, Compensation, Endorsements, Investment Adviser, Marketing

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William Myers III

Idaho Legislature Grants Limited Immunity to Businesses Responding to Coronavirus

The Idaho Legislature has passed House Bill No. 6, the Coronavirus Limited Immunity Act, during its Special Session. The Act limits civil lawsuit liability for the spread of the coronavirus. The bill passed the Senate on a 27-7…more

Coronavirus/COVID-19, Governor Little, Immunity

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Beth Nedrow

You Say It’s Your Birthday?! Well, It’s ERISA’s Birthday, Too!

Employee benefits law is mostly drawn from two federal sources—the Internal Revenue Code and ERISA. Just what is “ERISA,” though? Its official reference is the “Employee Retirement Income Security Act of 1974.” That means the…more

Benefit Plan Sponsors, COBRA, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Thorvald Nelson

Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that…more

Climate Change, Constitutional Challenges, Department of Environmental Quality, Fossil Fuel, Greenhouse Gas Emissions

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Leah Neumann

Proposed Reforms to Private Fund Adviser Regulation

On February 9, 2022, the US Securities and Exchange Commission (the “SEC”) proposed changes to the rules governing advisers to private funds. If adopted, the rules would constitute a sweeping change to the regulatory framework…more

Audits, Breach of Duty, Fiduciary Duty, Financial Statements, Internal Rate of Return (IRR)

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James Newman

Alter Ego: When Individuals May Be Liable for Corporate Debts

Nevada encourages business ventures and entrepreneurism by allowing individuals to form corporations as a shield against personal liability. Generally, individuals are considered separate from the corporations they control. So,…more

Corporate Liability, Debt, Limited Liability Company (LLC), Personal Liability, Piercing the Corporate Veil

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Ryan Nichols

New SEC Rules Enhance Regulation of Private Fund Advisers

Recently, the Securities and Exchange Commission (the “SEC”) adopted much anticipated rules under the Investment Advisers Act of 1940 (the “Advisers Act”) aimed at (i) bolstering the regulation of private fund advisers and…more

Audits, Books & Records, Clawbacks, Compensation, Disclosure Requirements

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Michael O'Leary

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Juan Obregon

Can An Employee Be Required to Sign a Noncompete Agreement Before They Receive Their Final Paycheck?

Question: Can we require an employee to sign a noncompete agreement before they receive their final paycheck? Answer: In short: no, employers cannot withhold an employee’s final paycheck until they sign a non-compete. Doing…more

Colorado, Final Payments, Non-Compete Agreements, Penalties, Restrictive Covenants

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Matt Ochs

Third Circuit: Unpaid Royalties in Bankruptcy are Subject to Constructive Trust under Colorado Law

The United States Court of Appeals for the Third Circuit determined that, under Colorado law, unpaid royalties are real property interests and not property of the bankruptcy estate, reversing lower courts in Delaware that…more

Appeals, Bankruptcy Code, Bankruptcy Court, Colorado, Natural Gas

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Colin Oldberg

IRS Issues Final Prevailing Wage and Apprenticeship Regulations

On June 25, 2024, the Internal Revenue Service and U.S. Department of Treasury published final Treasury Regulations (“Final Regulations”) in the Federal Register on the prevailing wage and registered apprenticeship requirements…more

Apprenticeships, Final Rules, Internal Revenue Code (IRC), IRS, Prevailing Wages

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Andrew Orr

Chemical Safety Board to Require Reporting of Significant Accidental Releases

On February 5, 2020, the U.S. Chemical Safety & Hazard Investigation Board (“CSB”) announced a new rule that will require owners and operators of stationary sources to report certain unanticipated emissions of regulated or…more

Chemical Safety Board, Clean Air Act Violations, Environmental Violations, Hazardous Substances, Incident Response Plans

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J. Marcus Painter

Corporate Transparency Act Deadlines Loom: Are You Ready?

As we’ve noted in earlier bulletins, in an effort to gain visibility into ownership and control of business entities operating in the United States, the federal Corporate Transparency Act (“Act”) went into effect January 1,…more

Compliance, Corporate Transparency Act, Filing Deadlines, Financial Crimes, FinCEN

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Ashley Peck

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging…more

Center for Biological Diversity, Declaratory Relief, Environmental Policies, Navigable Waters, Public Trust Doctrine

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Leslie Perkins

A Tale Of Two Rulings: This Week’s Conflicting Decisions On The Pregnant Worker’s Fairness Act

Tuesday, June 18, 2024, marks the effective date of the Pregnant Worker’s Fairness Act (“PWFA”) Final Rule, which is now effective in 48 states. The path to implementing the PWFA has been fraught with lawsuits, culminating in…more

Appeals, Dismissals, Equal Employment Opportunity Commission (EEOC), Final Rules, Mootness

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Alexandria Pierce

AAFCO Updates to Model Regulations

2024 has ushered in the first major update in more than 40 years1 to the Association of American Feed Control Officials (AAFCO) Model Regulations for Pet Food and Specialty Pet Food. The new Model Regulations impose major…more

Compliance, Food Labeling, Food Manufacturers, Pets, Regulatory Standards

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Kami Pomerantz

The Disappearing Deduction for Colorado State Income Tax Purposes

On June 23, 2021, Governor Polis signed Colorado House Bill 21-1311 into law. The Bill makes significant changes to a number of Colorado state income tax laws. One change of note is an amendment to C.R.S. § 39-22-104. The…more

Colorado, Governor Polis, Income Taxes, Internal Revenue Code (IRC), IRS

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Jeffrey Pope

Wyoming Courts Raise the Stakes for Former Operators Allowing Surface Owners to Recover Double Damages

Five years ago, the Wyoming Supreme Court decided two cases, both involving Pennaco Energy, Inc. as lessee of mineral interests—including exploration, development, and extraction rights—on land in Northern Wyoming, that are…more

Land-Use Permits, Mineral Leases, Oil & Gas, WY Supreme Court

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Ann Prouty

New WOTUS Rule Significantly Narrows Federal Jurisdiction under Clean Water Act

On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the United…more

Clean Water Act, Environmental Protection Agency (EPA), Good Cause, NPDES, Rapanos v US

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Denise Rahme

New Proposed Rules for Investment Adviser Outsourcing

On October 26, 2022, the US Securities and Exchange Commission (the "SEC") proposed a new rule (206(4)-11) and amendments under the Investment Advisers Act of 1940 that prohibit registered investment advisers from outsourcing…more

Due Diligence, Investment Adviser, Outsourcing, Proposed Rules, Registered Investment Advisors

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Joshua Randall

The Rise of Design Patents: Insights from the Apple v. Samsung Battle

The Apple v. Samsung patent battle over specific design features of Apple’s iPhone has changed the intellectual property (IP) landscape. Now, inventors beyond the technology sector are realizing the business value of design…more

Apple v Samsung, Article of Manufacture, Cell Phones, Design Patent, Patent Infringement

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Adam Rankin

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in…more

Air Pollution, Air Quality Standards, Audits, Civil Monetary Penalty, Compliance

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Hadassah Reimer

Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit…more

Corporate Counsel, Jurisdiction, Native American Issues, Pipelines, SCOTUS

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Andrew Revelle

EPA Imposes Stringent Greenhouse Gas Rule for Fossil Fuel-Fired Power Plants

On April 25, 2024, the EPA announced, as part of a suite of four rules for fossil fuel-fired power plants, its final greenhouse gas (GHG) standards for power plants—imposing stringent new requirements on existing coal-fired…more

Carbon Capture and Sequestration, Coal-Fired Plants, Environmental Protection Agency (EPA), Fossil Fuel, Greenhouse Gas Emissions

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Melissa Reynolds

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging…more

Center for Biological Diversity, Declaratory Relief, Environmental Policies, Navigable Waters, Public Trust Doctrine

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Nabil Rodriguez

Recent California Legislation Clears the Path for Veterinary Cannabis

Last month our client alert covered the increasing popularity of cannabis products for pets in the face of regulatory uncertainty. This month we highlight recent California legislation that protects veterinarians who recommend…more

California, Cannabis Products, Governor Newsom, Veterinary Products

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Laurie Rogers

How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?…more

Collective Bargaining Agreements (CBA), Damages, Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Claire Rosston

Paws on Noncompete Agreements…Maybe

In late April, the Federal Trade Commission (FTC) issued its final rule banning noncompete agreements that is scheduled to become effective on September 4, 2024 (Rule). The Rule upends arrangements many employers—including…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Legitimate Business Interest

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Amber Rudnick

Pets Are Not Cars: The Perils of the Lease-to-Own Business Model for Pets

Is pet leasing a real business model? The short answer is that pet leasing fails as a business enterprise model. First, pets are not cars nor any other type of tangible collateral lacking any instinctive permanency to…more

Business Model, Leases, Pets

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Austin Rueschhoff

Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that…more

Climate Change, Constitutional Challenges, Department of Environmental Quality, Fossil Fuel, Greenhouse Gas Emissions

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Nate Runyan

Apportionment Victory for Utah Taxpayers

On January 27, 2022, the Utah State Tax Commission held in Appeal No. 16-1358 that the state is constitutionally barred from apportioning and taxing the gain from the sale of a partnership where the seller and partnership were…more

Apportionment, SCOTUS, Tax Commissions

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Jennifer Rupe

Beyond the Clinic: California's Vet Telemedicine Bill

As California goes, so goes the nation. Time will tell if this popular saying rings true with respect to California’s recent enactment of Assembly Bill 1399 (AB 1399), which allows a veterinarian-client-patient relationship…more

California, Telemedicine, The Humane Society, Veterinarians

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Janae Ruppert

The Significance of Pay Transparency: A Persistent Legislative Trend and Its Relevance for Employers

The 2023 and 2024 legislative landscape witnessed a surge in states and cities implementing diverse pay transparency requirements. Despite the progress in recent years in reducing the wage gap, gender pay disparities persist,…more

Compensation, Gender-Based Pay Discrimination, Job Ads, Minimum Salary, Negotiations

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Susan Ryan

Legal Corner: A Guide to Valuing Water Rights in Colorado

With population growth, increased environmental concerns, and a greater demand for water for residential, commercial and industrial projects, understanding water rights ownership and regulation is important for anyone evaluating…more

Colorado, Water Rights

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Karina Sargsian

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning HR…more

Anti-Discrimination Policies, Appeals, Audio Recording, Corporate Counsel, Employment Policies

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Greg Saylin

Does Your Business Properly Classify Independent Contractors? DOL Publishes Final Rule on Worker Classification

On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the “Rule”)…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Emily Schilling

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, …more

Databases, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA), Environmental Violations

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Jessica Schmidt

Eighth Circuit Affirms Producer's Royalty Calculations Under North Dakota Law

The United States Court of Appeals for the Eighth Circuit has affirmed a district court’s ruling that overriding royalty owners generally must bear their share of post-production costs under North Dakota law. The Eighth…more

Appeals, Oil & Gas, Royalties, Summary Judgment

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Michelle Seares

Third Circuit: Unpaid Royalties in Bankruptcy are Subject to Constructive Trust under Colorado Law

The United States Court of Appeals for the Third Circuit determined that, under Colorado law, unpaid royalties are real property interests and not property of the bankruptcy estate, reversing lower courts in Delaware that…more

Appeals, Bankruptcy Code, Bankruptcy Court, Colorado, Natural Gas

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Sydney Sell

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, …more

Databases, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA), Environmental Violations

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Kevin Selzer

Sweet Child O’Mine – Business Transition with Benefits

Owners of closely held businesses, particularly first-generation owners, often have a difficult time finding a suitable succession plan. These owners are faced not only with phasing out of their labor of love, but choosing a new…more

Department of Labor (DOL), Employee Benefits, Employees, Employer Liability Issues, Equity Compensation

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Claudia Shadler

CDPHE Issues New Changes Regarding PFAS

On February 29, 2024, the Colorado Department of Public Health and Safety (CDPHE) withdrew its prior amended version to the Industrial Stormwater General Permit for Non-Extractive Industries, COR900000 — even before its…more

Corrective Actions, NPDES, PFAS, Storm Water

See all updates »

Matt Shell

The Appeal of Nevada: Why Corporations are Heading West

More and more corporations are moving to Nevada. Is this because of the lack of corporate or franchise taxes associated with incorporating in the state or the lack of state income tax? Likely not (Nevada does not collect…more

Damages, Fiduciary Duty, Good Faith, Gross Negligence, Income Taxes

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John Shepherd

Eighth Circuit Affirms Producer's Royalty Calculations Under North Dakota Law

The United States Court of Appeals for the Eighth Circuit has affirmed a district court’s ruling that overriding royalty owners generally must bear their share of post-production costs under North Dakota law. The Eighth…more

Appeals, Oil & Gas, Royalties, Summary Judgment

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Lindsay Silber

Intellectual Property Protection Post-Pandemic: ‘The Readiness Is All'

One thing has become clear as we emerge from the shutdown: companies, especially technology companies and startups, must be nimble and ready to adapt to rapidly changing conditions, regulations, customer expectations and…more

Best Practices, Coronavirus/COVID-19, Data Security, Intellectual Property Protection, Privacy Policy

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Hayley Siltanen

EPA Issues Temporary Policy for Violations Caused By COVID-19

On March 26, 2020 EPA issued a temporary policy for enforcement of environmental legal obligations during the COVID-19 pandemic. The policy provides the framework for the agency's use of its enforcement discretion where COVID-19…more

Coronavirus/COVID-19, Corporate Counsel, Environmental Policies, Environmental Protection Agency (EPA), Environmental Violations

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George Singer

The Corporate Transparency Act Isn't Dead Yet

Congress has enacted legislation over the decades aimed at curbing money laundering and the financing of terrorism. Increased legislation has been necessary to ensure that the federal government is able to address evolving…more

Alabama, AML/CFT, Anti-Money Laundering, Appeals, Beneficial Owner

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Alex Smith

Hole in the Bottle… Employer Considerations After Another Lawsuit Against an Employer Health Plan

Last week, former Wells Fargo employees filed a class action lawsuit against Wells Fargo and its health plan fiduciaries alleging that Wells Fargo’s self-funded health plan violated ERISA by paying its pharmacy benefits manager…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fees, Fiduciary

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Sandra Snodgrass

Key Takeaways from Final Revisions to Endangered Species Act Regulations

On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered Species…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Final Rules

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Nicole Snyder

Drafting Commercial Contracts: Eight Important Provisions During a Pandemic

Companies have been navigating how to adjust “standard” business contracts to mitigate the ongoing uncertainties and risks resulting from the COVID-19 pandemic for several months now. Parties should consider the following…more

Business Interruption, Commercial Contracts, Coronavirus/COVID-19, Exclusivity, Force Majeure Clause

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Holly Stein Sollod

10th Circuit Affirms FINRA Arbitration Award—Adopts Face-of-the-Award Rule

On April 14, 2020, the 10th Circuit U.S. Court of Appeals adopted the “face-of-the-award” rule for dealing with arbitrator errors in damage calculations under Section 11(a) of the FAA, affirming the district court’s refusal to…more

Broker-Dealer, Commodity Trading Advisors (CTAs), Compliance, Damages, Enforcement Actions

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Shelley Spiecker Ph.D.

Innovate to Keep Track of Information During Voir Dire

The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future fact-finders is coming at you from all directions. You may have responses from a…more

Defense Strategies, Jury Selection, Jury Trial, Litigation Strategies, Questionnaires

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Kim Stanger

Idaho’s New Crisis Hold Law

Idaho’s new crisis hold statute takes effect October 1, 2024, and allows hospitals to temporarily detain “persons with a neurocognitive disorder who are in acute crisis due to an unidentified underlying medical condition [so…more

Crisis Management, Health and Safety, Health Care Providers, Healthcare Facilities, Hospitals

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Lucy Stark

Buckle Up for the SEC's Mandatory Climate Change Reporting Ride

On March 21, 2022, the US Securities and Exchange Commission (the "SEC") proposed rules governing the "Enhancement and Standardization of Climate-Related Disclosures for Investors."…more

Clean Air Act, Climate Change, Compliance, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Craig Stewart

GDPR "Lite" Comes to the United States: The California Consumer Privacy Act of 2018

Last month the GDPR launch in the EU was punctuated by lawsuits seeking $8.8 billion from Google and Facebook. It turns out that the GDPR foreshadowed significant changes to the US data privacy landscape that came much sooner…more

Consumer Protection Laws, Data Collection, General Data Protection Regulation (GDPR), Governor Brown, Notice Requirements

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Annie Stuller

Second Decision on FTC’s Noncompete Ban Is In

On July 23, 2024, a federal judge from the Eastern District of Pennsylvania declined to issue a preliminary injunction that would block the Federal Trade Commission’s (“FTC”) rule banning most noncompete agreements, current and…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Pennsylvania

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Steven Suflas

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

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John Sullivan

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Rachel Austin Supiro

Top 10 Things to Know: Proposed Regs for Renewable Energy Direct Pay & Direct Transfer

On Wednesday, June 14, 2023, the Internal Revenue Service (IRS) and U.S. Department of Treasury (Treasury) issued proposed Treasury Regulations on the elective payment of certain tax credits (also known as direct pay) under…more

Energy Projects, Internal Revenue Code (IRC), IRS, Proposed Regulation, Renewable Energy

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Cory Talbot

Withdrawal of Antitrust "Safety Zones"

The US Department of Justice recently announced its withdrawal of three decades-old policy statements recognizing antitrust “safety zones” relating to information sharing and collaboration among competitors. The statements…more

ACOs, Antitrust Provisions, Collaboration, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Engels Tejeda

Failed Silicon Valley Bank Acquired by First Citizens Bank

Today, First Citizens Bank & Trust Company (First Citizens Bank) is taking over the business of the tech-focused Silicon Valley Bank (SVB) which was closed by regulators approximately two weeks ago on March 10. The transaction…more

Banking Sector, FDIC, Liquidity, Nasdaq

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Chris Thomas

A Path Towards Legal Permanent Residency: Applications Open on August 19, 2024 for New DHS Family Unity Program

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking…more

Applications, Criminal Records, DACA, Department of Homeland Security (DHS), Filing Deadlines

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Leslie Thomson

P-R-I-V-A-C-Y is Priceless to Me: The 2024 Privacy Rule

The Department of Health and Human Services issued a final rule amending the HIPAA privacy rules (“2024 Privacy Rule”). The 2024 Privacy Rule limits the use or disclosure of an individual’s PHI in connection with reproductive…more

Data Privacy, Department of Health and Human Services (HHS), Disclosure Requirements, Final Rules, Health Insurance Portability and Accountability Act (HIPAA)

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Trent Timmons

Taxpayer-Favorable Final Opportunity Zone Regulations Issued

On December 20, 2019, the Treasury Department and Internal Revenue Service issued final regulations on “opportunity zones” and these regulations are scheduled to be published by the Federal Register on January 13, 2020. This tax…more

Capital Gains, Final Rules, IRS, Opportunity Zones, Qualified Opportunity Funds

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Aaron Tucker

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in…more

Air Pollution, Air Quality Standards, Audits, Civil Monetary Penalty, Compliance

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Tina Van Bockern

BLM Finalized New Waste Prevention Rule – What Does it Mean for Industry?

The Bureau of Land Management (BLM) finally released its new Waste Prevention Rule (“Rule”), which was originally proposed back in November 2022. The new Rule, which will be published in the Federal Register soon, is aimed at…more

Air Quality Standards, Bureau of Land Management, Inflation Reduction Act (IRA), Natural Gas, New Rules

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Paula Vance

New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and…more

Contamination, Proposed Regulation, Proposed Rules, Water, Water Quality Control Boards

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Nicole Vele

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section. …more

Bank Secrecy Act, Bribery, CFTC, Compliance, Corporate Counsel

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Kayleigh Verboncoeur

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in…more

Air Pollution, Air Quality Standards, Audits, Civil Monetary Penalty, Compliance

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Ashley Wald

Renewable Energy Ready to Deliver Despite Continued Uncertainty

Notwithstanding the ongoing impacts of COVID-19, in 2021 the deployment of solar, solar + storage, stand-alone storage, wind, and other renewable energy technologies continued to rapidly expand across the U.S. (and the rest of…more

Climate Change, Coronavirus/COVID-19, Electric Vehicles, Energy Storage, Force Majeure Clause

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S. Jordan Walsh

What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a…more

Canada, Disability Discrimination, Employer Liability Issues, Reasonable Accommodation

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Carol Warnick

Trust Disclosure Requirements and Quiet Trusts

The Uniform Trust Code and the Restatement (Third) of Trusts both follow the presumption that trust beneficiaries should be generally kept aware of the existence of the trust, their status as beneficiaries, and their right to…more

Beneficiaries, Disclosure Requirements, Trustees, Trusts, Uniform Trust Code

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Steven Washington

Nevada’s New Minimum Wage Starts Today

Nevada employers may be happy to learn that as a result of a November 8, 2022, ballot measure passing, Nevada’s two-tier minimum wage will be no more. The two-tier minimum wage system reduced the required minimum wage if an…more

Minimum Wage, Nevada, Wage and Hour

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Shawn Welch

Looking Beyond the Supreme Court's Eminent Domain Decision in PennEast

On June 29, the United States Supreme Court issued its decision in PennEast Pipeline Co., LLC v. New Jersey. PennEast presented the question of whether a private company could condemn a pipeline right-of-way across state-owned…more

Appeals, Eminent Domain, FERC, Natural Gas Act, PennEast Pipeline Co. v New Jersey

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Little West

Algorithmic Accountability: The Next Frontier in Employment Law?

Artificial intelligence (or AI) technology is rapidly transforming industry norms and creating new possibilities along with moral, ethical, and legal implications. The Society for Human Resource Management has recently observed…more

Algorithms, Anti-Discrimination Policies, Anti-Retaliation Provisions, Artificial Intelligence, Automated Decision Systems (ADS)

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Andrew Wheeler

SCOTUS Curbs Agency Power, Empowering Businesses in Four Admin Law Cases

In the final days of the US Supreme Court’s session, the Court issued four rulings taking the side of the regulated community against federal agencies. While the implications of these cases could take several years to fully…more

Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Dodd-Frank, Loper Bright Enterprises v Raimondo, Ohio v Environmental Protection Agency

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Cris Wilcoxon

New SEC Rules Enhance Regulation of Private Fund Advisers

Recently, the Securities and Exchange Commission (the “SEC”) adopted much anticipated rules under the Investment Advisers Act of 1940 (the “Advisers Act”) aimed at (i) bolstering the regulation of private fund advisers and…more

Audits, Books & Records, Clawbacks, Compensation, Disclosure Requirements

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Mark Wiletsky

The FTC’s Noncompete Ban Is Dead—For Now

Employers finally have the answer they’ve been waiting for: they don’t need to comply with the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements—for now…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Jody Williams

Practical Guide to Navigating Utah's Water Rights Adjudication Process

In an age of increasing demand and decreasing supply, obtaining and protecting valid water rights is essential for ranchers, agribusiness, energy companies, and private landowners. Equally important is understanding the…more

Adjudicatory Process, Agricultural Sector, Water Rights

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Risa Wolf-Smith

Rejecting Power-Purchase Agreements in Energy Cases: Do Bankruptcy Courts Have Exclusive Jurisdiction?

In a much-awaited and pivotal decision in the PG&E chapter 11 proceeding, the U.S. Bankruptcy Court for the Northern District of California held that it not only has exclusive jurisdiction over the rejection of wholesale…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Exclusive Jurisdiction, Executory Contracts

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Samantha Wolfe

Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National…more

Green Cards, Highly-Skilled Workers Visa, Labor Certifications, National Interest Waiver, PERM

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Mary York

Service Animals 101: Keep Your Business Out of the Legal Doghouse

QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? …more

Americans with Disabilities Act (ADA), Disability Discrimination, Emotional Support Animals, Fair Housing Act (FHA), Public Accommodation

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Steve Young

Apportionment Victory for Utah Taxpayers

On January 27, 2022, the Utah State Tax Commission held in Appeal No. 16-1358 that the state is constitutionally barred from apportioning and taxing the gain from the sale of a partnership where the seller and partnership were…more

Apportionment, SCOTUS, Tax Commissions

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