Author Info for Miller Nash LLP

Paige Alli

OSHA Amends Rule on Employee Representation During Safety Inspections

The Department of Labor Occupational Safety and Health Administration (OSHA) is amending an existing rule to provide clarification on the right employees have to authorize a representative that accompanies an OSHA Compliance…more

Employer Liability Issues, OSHA, Workplace Hazards, Workplace Injury, Workplace Safety

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Richard Alli, Jr.

Two More Anti-Employer Actions that Employers are Going to Hate

The National Labor Relations Board (NLRB) under the Biden administration has developed a decidedly anti-employer, pro-union philosophy that spells significant trouble for all employers—union or non-union. Two recent actions by…more

Employer Liability Issues, Employment Policies, NLRA, NLRB, Unfair Labor Practices

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Noah Ashman

Another Stumble for AI in the Copyright Office

The topic of copyright registration for AI-generated works has been popular on this blog..…more

Artificial Intelligence, Authorship, Copyright, Copyright Applications, Copyright Office

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Julianne Avery

Oregon Energy Facility Siting Council Provides Clarity on Renewable Energy Project Compliance with Statewide Planning Goals

On August 31, 2023, the Oregon Energy Facility Siting Council (the “Council”) issued a final order approving a site certificate for the Nolin Hills Wind Power Project (the “Project”), a significant wind, solar, and energy…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy, Wind Power

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Andrea Barton

[Webinar] Pressing Topics and Looming Challenges in College Athletics: A Legal Briefing for Colleges and Universities - January 24th, 9:00 am - 10:00 am PT

Please join us for this one-hour, complimentary legal briefing to discuss hot topics in college sports. With the ever shifting college sports landscape, this webinar will help attendees get up to speed on the latest legal…more

College Athletes, Colleges, Department of Education, Educational Institutions, Name and Likeness

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Katherine M. Bennett

PFAS Year-End Review: EPA Lays Groundwork for Tighter Regulatory Scrutiny

2022 was a foundational year for the Environmental Protection Agency’s (EPA) planned actions to regulate per- and poly-fluoroalkyl substances (PFAS) under its PFAS Strategic Roadmap (Roadmap). Since issuing its Roadmap in…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Kalin Bornemann

AI Strategy for Banks: You’ve Got This!

When you think about artificial intelligence (AI), does your pulse start to race? Or are you excited to embrace it, but stuck in the quagmire of often conflicting, and even alarmist, information that seems to be coming at you…more

Artificial Intelligence, Banking Sector, Banks, Financial Institutions, Financial Services Industry

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David Brandon

Today in Tax: Three Things to Watch for in 2023

Brief commentary on recent cases, rulings, notices, and related federal tax guidance. Like clockwork, Americans greet each new year with soon-forgotten resolutions and unfounded predictions for the upcoming year. In keeping with…more

Income Taxes, International Tax Issues, IRS, Tax Liability, Tax Planning

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LeAnne Bremer

Impact Fees at the Supreme Court: How Far Must Government Go to Justify the Fees on a Case-by-Case Basis?

On January 9th of this year, the United States Supreme Court heard oral argument in Sheetz v. El Dorado County on an important issue related to impact fees imposed on development. Under existing law, if government requires an…more

Fees, Land Use Restrictions, Permits, Property Owners, Takings Clause

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Erin Burris

Public School Districts—Get Ready for Change! The New Title IX Regulations Have Landed

On April 19, 2024, the U.S. Department of Education (DOE) issued the long-awaited amended Title IX regulations, which include significant changes from the 2020 regulations. School districts have until August 1, 2024, to come…more

Public Schools, School Districts, Students, Title IX

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Trevor Caldwell

NLRB Acts Swiftly to Apply New Standards on Union Elections and Bargaining Obligations

As expected, the National Labor Relations Board (NLRB) is swiftly implementing its new standards governing union elections and bargaining orders under the groundbreaking Cemex decision. We discussed Cemex and the new standards…more

Administrative Law Judge (ALJ), Employer Liability Issues, NLRB, Unfair Labor Practices, Unions

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Jeffrey Chicoine

New NLRB Rule Significantly Broadens Joint Employer Definition

In yet another significant reversal, the National Labor Relations Board (NLRB) enacted a critical change in how it interprets the National Labor Relations Act (NLRA). On October 26, 2023, the NLRB released its final rule…more

Employer Liability Issues, Franchises, Joint Employers, NLRA, NLRB

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Sarah Chicoine

FTC’s Most Recent Order Cracks Down on Sharing and Selling Users’ Location Data

A recent settlement between the FTC and data broker X-Mode Social, Inc. (and its successor company Outlogic) signals the FTC’s growing focus on protecting individuals’ location data privacy, particularly when it comes to…more

Corporate Counsel, Data Brokers, Data Privacy, Federal Trade Commission (FTC), FTC Act

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Ed Choi

BOLI Surprise Inspections: A Guide for Employers

Many Oregon employers may not be aware that the Oregon Bureau of Labor and Industries (BOLI) has the authority to conduct surprise, warrantless searches and inspections of employer premises and books to find violations of…more

BOLI, Employer Liability Issues, State Labor Laws, Wage and Hour

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D. Gary Christensen

[Webinar] Construction Series—Retainage Options in Oregon & Washington - July 9th, 9:00 am - 10:30 am PT

Oregon and Washington now allow contractors and subcontractors to avoid cash retainage by posting a surety bond with the owner, on both public and private/commercial construction projects. The process is similar in both states…more

Construction Contracts, Construction Industry, Construction Managers, Construction Project, General Contractors

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Jeffrey Condit

Important Legislative Updates—Changes to Oregon School District Meetings and Public Contracting Code

Although the 2024 legislative short session was dominated by affordable housing and social services, several bills of interest to school districts were enacted in the 2024 and 2023 legislative sessions and will require some…more

Public Meetings, Public Schools, School Districts, Students

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Zachary A. Cooper

The Supreme Court Abrogates Tribal Immunity in Bankruptcy Proceedings

On June 15, 2023, Justice Jackson led the majority in an 8-1 decision holding that the Bankruptcy Code abrogates federally recognized tribes’ sovereign immunity. The decision has significant implications for tribal creditors in…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Financial Services Industry, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin

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Robert Cumbow

Supreme Court Vindicates Restriction on Registering Trademarks Containing Personal Names

Citing the common law right to use one’s own name commercially and to prevent others from doing so, the U.S. Supreme Court on June 13, 2024 upheld the constitutionality of a challenged restriction on trademark registration…more

First Amendment, Free Speech, Lanham Act, SCOTUS, Trademark Registration

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Edward Decker

Ninth Circuit Expands Securities Seller Liability to Social Media Promoters

On December 21, 2022, the Ninth Circuit sent a holiday gift to investor plaintiffs and a stocking full of coal to promoters advertising on social media. If you are thinking about touting your business plan on Instagram, think…more

Corporate Counsel, Instagram, Joint and Several Liability, Material Misstatements, Securities Act of 1933

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Linda Degman

[Webinar] Retainage, Back Charges, and Withholdings—Law and Best Practices in Oregon & Washington - October 24th, 9:00 am - 10:30 am PDT

No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your bottom…more

Best Practices, Construction Contracts, Construction Industry, Construction Project, Contract Claims

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Julia DeWitt

SECURE 2.0 Act Impacts Employer Retirement Plans

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law, which included the SECURE 2.0 Act of 2022 (“SECURE 2.0”). SECURE 2.0, which contains over 90 provisions and builds upon the Setting…more

401k, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Retirement

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Fabio Dworschak

Breaking Down EPA's Latest Proposed Rules: Expanded Hazardous Waste Definitions and PFAS Listings

On February 8, 2024, the United States Environmental Protection Agency (EPA) published two proposed rules under the Resource Conservation and Recovery Act (RCRA) that will expand the regulatory definition of “hazardous waste”…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, RCRA

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Cody Elliott

Responding to a Crisis: How Human Resources Can Make Things Better, Not Worse

Just as unforeseen site conditions can test a contractor’s problem-solving skills, unexpected events can test a construction-industry employer’s crisis-management readiness. Crisis can hit at any time, and individuals involved…more

Construction Industry, Crisis Management, Defamation, Employer Liability Issues, Employment Policies

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Brian Esler

Companies Face a New Wave of Class Action Privacy Litigation

Plaintiffs class action lawyers have latched onto privacy litigation as their next big meal ticket. Over the past year, companies have faced a new barrage of lawsuits under the federal Video Privacy Protection Act, (VPPA) and…more

Class Action, Data Privacy, Eavesdropping, Websites, Wiretapping

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Jollee Faber Patterson

[Webinar] Navigating Workplace Investigations: Best Practices for K-12 School Districts - September 11th, 4:00 pm - 5:00 pm PT

In the dynamic environment of K-12 education, maintaining an appropriate, safe, and supportive workplace is crucial. State and federal laws provide expanded protections for employees in relation to harassment, discrimination,…more

Best Practices, Employer Liability Issues, Employment Policies, Human Resources Professionals, Jury Verdicts

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Max Forer

[Webinar] Pressing Topics and Looming Challenges in College Athletics: A Legal Briefing for Colleges and Universities - January 24th, 9:00 am - 10:00 am PT

Please join us for this one-hour, complimentary legal briefing to discuss hot topics in college sports. With the ever shifting college sports landscape, this webinar will help attendees get up to speed on the latest legal…more

College Athletes, Colleges, Department of Education, Educational Institutions, Name and Likeness

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Mary Ann Frantz

SEC Adopts Final Cybersecurity Disclosure Rules for Public Companies

The Securities and Exchange Commission (SEC) adopted new rules in late July 2023 that will require publicly traded companies to disclose information to assist investors in understanding the processes companies use to manage…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules, Publicly-Traded Companies

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April Fredrickson

Not Perfect Harmony: Blasting Music with Derogatory Terms May Create a Hostile Workplace

Employers who allow music in the workplace should pay attention to lyrics and content. The Ninth Circuit Court of Appeals recently held that music with sexually derogatory and violent content played in the workplace can create a…more

Civil Rights Act, Discrimination, Employer Liability Issues, Hostile Environment, Policies and Procedures

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Jonathon Goodling

Oregon Construction Owners and Lenders Are Affected by New Retainage Law

If you develop or build on real property in Oregon, your progress payments to contractors on future projects will be affected by a new law, effective on March 7, 2024. If you are a construction lender, your borrower may request…more

Construction Industry, Construction Liens, Construction Loans, Construction Project, Lenders

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Brian Guthrie

[Webinar] Retainage, Back Charges, and Withholdings—Law and Best Practices in Oregon & Washington - October 24th, 9:00 am - 10:30 am PDT

No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your bottom…more

Best Practices, Construction Contracts, Construction Industry, Construction Project, Contract Claims

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Iván Resendiz Gutierrez

(We Can’t Have No) Retaliation: Part Two—Important Lessons for Employers Resulting from the SCOTUS Whistleblower Decision

Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split regarding…more

Adverse Employment Action, Anti-Retaliation Provisions, Employer Liability Issues, Intent, Murray v UBS Securities LLC

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Ryan Hall

The Initial Impact of Moody? More Confusion.

Until recently, Oregon courts did not allow policyholders to bring claims against their insurers under Oregon’s Unfair Claims Settlement Practices Act and only allowed tort-based “bad faith” claims in narrow circumstances. This…more

Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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Naomi Haslitt

[Webinar] Pressing Topics and Looming Challenges in College Athletics: A Legal Briefing for Colleges and Universities - January 24th, 9:00 am - 10:00 am PT

Please join us for this one-hour, complimentary legal briefing to discuss hot topics in college sports. With the ever shifting college sports landscape, this webinar will help attendees get up to speed on the latest legal…more

College Athletes, Colleges, Department of Education, Educational Institutions, Name and Likeness

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Justin Hebenstreit

Bank Merger Guidelines—Updates from the FDIC

The Federal Deposit Insurance Corporation (FDIC) is ready and eager to make some updates to the guidelines it applies when reviewing potential bank merger transactions. This comes nearly three years after President Biden…more

Bank Merger Act, Banking Sector, Banks, Financial Institutions, Mergers

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Justin Hobson

Cannabis & Taxes: Making Cents of Refunds and Reclassification

On April 30, 2024, the Associated Press announced the U.S. Drug Enforcement Agency (DEA) will move to reclassify cannabis from a Schedule I to Schedule III under the Controlled Substances Act. It is important to note that the…more

Controlled Substances Act, DEA, Marijuana, Schedule I Drugs

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Delfina Homen

[Webinar] Privacy 101: Navigating the Digital Frontier - June 4th, 9:00 am - 10:00 am PT

Join us for an insightful webinar with Miller Nash’s head of privacy and data security team, Eva Novick, and colleague, Delfina Homen, where we will delve into the essentials of privacy and data security in 2024. Whether you're…more

Best Practices, Chief Information Security Officer (CISO), Chief Risk Officers (CRO), Corporate Executives, Data Breach

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Anthony Hunt

SECURE 2.0 Act Impacts Employer Retirement Plans

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law, which included the SECURE 2.0 Act of 2022 (“SECURE 2.0”). SECURE 2.0, which contains over 90 provisions and builds upon the Setting…more

401k, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Retirement

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Alexandra Hutchinson

SEC Approves Nasdaq’s Revised Board Diversity Disclosure Deadlines

On December 14, 2022, the Securities and Exchange Commission (SEC) approved a proposed rule change with regard to upcoming disclosure deadlines in Nasdaq Listing Rules 5605 and 5606. The rule change aligns the disclosure…more

Board of Directors, Corporate Governance, Disclosure Requirements, LGBTQ, Listing Rules

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Stephen Klein

Chaos at the FDIC—What Portends for Banks in 2022

Recent events at the FDIC leading up to the resignation of Chairman Jelena McWilliams foreshadow a challenging year for banks in 2022. The unprecedented power struggle at the FDIC whereby a majority of the Board initiated a…more

Acquisitions, Banks, Biden Administration, Cryptocurrency, FDIC

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John Knapp Jr.

Ninth Circuit Holds the Trustee Has Standing, Not the Employee, to Title VII Claims Rooted in the Pre-Bankruptcy Past

The Ninth Circuit’s May 30, 2024 decision in Bercy v. City of Phoenix precludes employees from bringing Title VII employment claims that the employee could have brought before filing for personal bankruptcy. These claims belong…more

Bankruptcy Code, Chapter 7, Commercial Bankruptcy, Discrimination, Employer Liability Issues

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Jesse Kobernick

Federal Court Rules CTA Unconstitutional, but Most Will Still Need to Comply for Now

A federal district court in Northern District of Alabama issued an opinion on March 1, 2024, in the case of National Small Business United v. Yellen, granting summary judgment in favor of the plaintiffs, holding that the…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

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Garrett Ledgerwood

Oregon Enacts Bill Changing Garnishment Exemptions and Procedures

On April 4, 2024, the Oregon Governor signed Senate Bill 1595—the Family Financial Protection Act (SB 1595)—into law. SB 1595 increases the amounts exempt from execution by creditors, imposes new account review procedures for…more

Creditors, Debt Collection, Debt Collectors, Debtors, Financial Services Industry

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Melissa Lehane Rawlinson

Posting Outside the Office, but Not Outside the Scope of an Employer’s Potential Liability

Between hybrid work, flexible schedules, online meetings, and the ubiquity of social media, the lines between in and out of office conduct continue to get murkier and create potential tagalong liability that persists for…more

Employer Liability Issues, Harassment, Hostile Environment, Title VII

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Steven Liday

Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

At the core of Oregon’s coordinated land-use-planning law are 19 “statewide planning goals.” These goals set forth policy and directives that local governments must follow in crafting their planning ordinances and zoning code…more

Beachfront Properties, Coastal Real Estate, Land Use Restrictions, State and Local Government, Waterfront Properties

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Beatrice Bremer Lucas

Impact Fees at the Supreme Court: How Far Must Government Go to Justify the Fees on a Case-by-Case Basis?

On January 9th of this year, the United States Supreme Court heard oral argument in Sheetz v. El Dorado County on an important issue related to impact fees imposed on development. Under existing law, if government requires an…more

Fees, Land Use Restrictions, Permits, Property Owners, Takings Clause

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Scott MacDonald

[Webinar] The Dos and Don'ts of Public Contracting in 2023—Procurement Processes - February 28th, 9:00 am - 10:30 am PDT

Public contracting presents a unique set of hurdles and risks that do not typically arise in the private contracting setting. In this complimentary webinar, our experienced construction and public law attorneys will discuss how…more

Bid Proposals, Bid Protests, Competitive Bidding, Construction Industry, Construction Project

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Sofia McDonald

Ninth Circuit Holds the Trustee Has Standing, Not the Employee, to Title VII Claims Rooted in the Pre-Bankruptcy Past

The Ninth Circuit’s May 30, 2024 decision in Bercy v. City of Phoenix precludes employees from bringing Title VII employment claims that the employee could have brought before filing for personal bankruptcy. These claims belong…more

Bankruptcy Code, Chapter 7, Commercial Bankruptcy, Discrimination, Employer Liability Issues

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Nicole McLaughlin

PFAS Year-End Review: EPA Lays Groundwork for Tighter Regulatory Scrutiny

2022 was a foundational year for the Environmental Protection Agency’s (EPA) planned actions to regulate per- and poly-fluoroalkyl substances (PFAS) under its PFAS Strategic Roadmap (Roadmap). Since issuing its Roadmap in…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Jeff Miller

Prospective Purchaser Agreements: Lessees and Subsequent Owners and Operators

Having previously written about the importance of Prospective Purchaser Agreements when purchasing contaminated property in Oregon, I wanted to follow up with two additional and sometimes overlooked details: Although Prospective…more

Contaminated Properties, Contamination, Hazardous Substances, Toxic Chemicals

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Souvanny Miller

Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace

The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school district…more

Constitutional Challenges, Establishment Clause, First Amendment, Free Exercise Clause, Kennedy v. Bremerton School District

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Brianna Morrison

Oregon Enacts Bill Changing Garnishment Exemptions and Procedures

On April 4, 2024, the Oregon Governor signed Senate Bill 1595—the Family Financial Protection Act (SB 1595)—into law. SB 1595 increases the amounts exempt from execution by creditors, imposes new account review procedures for…more

Creditors, Debt Collection, Debt Collectors, Debtors, Financial Services Industry

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Carolyn Mount

Washington Supreme Court Refuses to Narrow Coverage Preserved by a Resulting Loss Clause

The Washington Supreme Court’s March 14, 2024 decision in Gardens Condominium v. Farmers Insurance Exchange held that an all-risk policy’s resulting loss clause preserves coverage for non-excluded losses that are the natural…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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Dave Neu

Supreme Court Limits the Ability to Discharge Debts Obtained by Fraud

The discharge provided in bankruptcy is fundamental, allowing the “honest but unfortunate” debtor a fresh start. There are various exceptions to the discharge found in Sections 523 and 727 of the Bankruptcy Code—designed to…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Bankruptcy Court, Bartenwerfer v Buckley, Creditors

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Eva Novick

The State of State Privacy Laws: What Businesses Need to Know (2024 Edition)

Summer days are over and it’s time to hit the books. State legislatures were just as busy in 2024 as they were in 2023 making up for the U.S. Congress’s inability to pass a comprehensive privacy law…more

Biometric Information, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Sean O'Brien

Consider Protecting Your Brands Early in the Era of Artificial Intelligence

Artificial Intelligence (AI) is the latest emerging technology that is overtaking news headlines and transforming the way we live, learn, and work. The term generally refers to content created or produced by artificial…more

Algorithms, Artificial Intelligence, Brand, Intellectual Property Protection, Intent-to-Use

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Tara O'Hanlon

What the Infrastructure Bill Means for Transportation, Construction, and Real Estate in the Northwest

The much anticipated trillion-dollar federal infrastructure bill has now been signed by President Biden. Under the bill, Washington and Oregon are projected to receive billions in funds..…more

Biden Administration, Climate Change, Energy Projects, Infrastructure, Infrastructure Financing

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Jesús Miguel Palomares

The Washington Court of Appeals (Re-)Explains the Statute of Limitations for Deeds of Trust After a Bankruptcy Discharge

On January 18, 2021, the Washington Court of Appeals in Copper Creek (Marysville) Homeowners Ass’n v. Kurtz reaffirmed an important rule related to real property foreclosures and the statute of limitations after a bankruptcy…more

Bankruptcy Discharge Order, Deed of Trust, Foreclosure, Promissory Notes, Statute of Limitations

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Bryce Parkllan

Today in Tax: Employee Loans in an Environment of Rising AFR

Employers who offer special rate loans to employees—either directly or through a third-party lender—may need to consider the effect that the rising Applicable Federal Rate (AFR) will have on such loans. Loans with rates lower…more

AFR, Financial Institutions, Interest Rates, Lenders, Loans

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Trajan Perez

California Employees Must Receive Notice of Noncompete Invalidity by February 14

Your normal Valentine’s Day to-do list may include a box of chocolates, card, or bottle of wine. This year, for employers with California employees subject to noncompete agreements, add one more task: notices of invalidity of…more

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

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Michael Porter

Thrown for a Lope—Supreme Court Decision in Loper Bright Enterprises Overturning Chevron Likely to Impact Employer Practices

The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, No. 22-451, June 28, 2024, overruled long-standing precedent under which courts were to provide substantial deference to federal…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

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Diana Ramos

The War on Bank Fees Rages On—New CFPB Rule Aims to Hobble Courtesy Overdraft Services

As you may have heard, the Consumer Financial Protection Bureau (CFPB) has proposed a new rule that would drastically change the landscape of courtesy overdraft services offered by many large financial institutions. Under this…more

Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Overdraft Fees, Regulation Z

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William Rasmussen

Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

At the core of Oregon’s coordinated land-use-planning law are 19 “statewide planning goals.” These goals set forth policy and directives that local governments must follow in crafting their planning ordinances and zoning code…more

Beachfront Properties, Coastal Real Estate, Land Use Restrictions, State and Local Government, Waterfront Properties

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Julie Reed

What’s It All About, AI?

AI is everywhere. And, no, I do not mean in a “Skynet is coming,” or “Big Brother is here,” kind of way. I mean everywhere you look. Stories abound about the oddities that result from using generative AI. In one story, a car…more

Artificial Intelligence, Machine Learning, Technology Sector, USPTO

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Christopher Riley

EPA Issues Drinking Water Standard for Six PFAS

On March 14, 2023, the United States Environmental Protection Agency (EPA) issued its proposed PFAS National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act (SDWA) for six PFAS under the Proposed…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Eric Robertson

Tech Layoffs Give Employers and Employees Important Reminder to Review Equity Compensation Terms

The end of 2022 and the beginning of 2023 have been filled with news of tech layoffs, including the notable FAANG companies (Meta, Apple, Amazon, Netflix, Alphabet) and smaller, privately held companies. The cause of these…more

Employee Benefits, Employee Stock Purchase Plans, Employer Liability Issues, Employment Policies, Equity Compensation

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Amy Robinson

So Much for Goodbye: FTC Ban on Noncompetes Just Overturned

On May 7, 2024, the Federal Trade Commission (FTC) published a much-anticipated new rule that would have prohibited ALL new noncompetes with employees nationwide, and enforcement of almost all existing noncompetes beginning…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Seth Row

“Take-Home COVID” Claims May Lead to Future Insurance Disputes

What Are “Take-Home COVID” Claims? “Take-home COVID” claims are claims brought against an employer by the spouse or child of an employee who caught COVID-19 in the workplace and brought it home, infecting a spouse or child and…more

CA Supreme Court, Coronavirus/COVID-19, Employer Liability Issues, Insurance Litigation, Popular

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Donald Scaramastra

This Is [Not] How We Do It: Insurer Gets Schooled on the Consequences of a Bad Faith Refusal to Defend

Washington State goes to great lengths to protect policyholders from insurance company misconduct and overreach. This is especially true when it comes to an insurer’s duty to defend its policyholder against third-party claims…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Christine Slattery

[Webinar] Navigating Workplace Investigations: Best Practices for K-12 School Districts - September 11th, 4:00 pm - 5:00 pm PT

In the dynamic environment of K-12 education, maintaining an appropriate, safe, and supportive workplace is crucial. State and federal laws provide expanded protections for employees in relation to harassment, discrimination,…more

Best Practices, Employer Liability Issues, Employment Policies, Human Resources Professionals, Jury Verdicts

See all updates »

Susan Eberle Stahlfeld

Beginning January 1, 2025, Minimum Wages Increase in Unincorporated King County

On May 14, 2024, the King County Council adopted a minimum wage higher than the state minimum wage (and some of the cities inside King County) for all employees working anywhere in unincorporated King County…more

Employer Liability Issues, Local Ordinance, Minimum Wage, Wage and Hour

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John Stellwagen

Two More Anti-Employer Actions that Employers are Going to Hate

The National Labor Relations Board (NLRB) under the Biden administration has developed a decidedly anti-employer, pro-union philosophy that spells significant trouble for all employers—union or non-union. Two recent actions by…more

Employer Liability Issues, Employment Policies, NLRA, NLRB, Unfair Labor Practices

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Anela Summers

The Corporate Transparency Act Takes Effect January 1, 2024: What Businesses Need to Know and How to Prepare for the New FinCEN Regulations

Effective January 1, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury will implement new “beneficial ownership” reporting requirements that will have a significant impact on businesses…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Tristan Swanson

[Webinar] Insurance Applications: Best Practices and the Consequences of Missteps - May 23rd, 9:00 am - 10:30 am PDT

Insurance applications are emerging as the first place insurers look to deny coverage. These often-contentious coverage fights are avoidable and, given their increasing frequency, emphasize the need for risk managers and brokers…more

Applications, Best Practices, Chief Information Officers (CIO), Chief Technology Officer (CTO), Continuing Legal Education

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Christine Taylor

Important Legislative Updates—Changes to Oregon School District Meetings and Public Contracting Code

Although the 2024 legislative short session was dominated by affordable housing and social services, several bills of interest to school districts were enacted in the 2024 and 2023 legislative sessions and will require some…more

Public Meetings, Public Schools, School Districts, Students

See all updates »

Cozette Tran-Caffee

Oregon Energy Facility Siting Council Provides Clarity on Renewable Energy Project Compliance with Statewide Planning Goals

On August 31, 2023, the Oregon Energy Facility Siting Council (the “Council”) issued a final order approving a site certificate for the Nolin Hills Wind Power Project (the “Project”), a significant wind, solar, and energy…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy, Wind Power

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Vanessa Triplett Kuchulis

“Home Sweet Home”: The Impact of Urban Growth on Real Estate Property Disclosures in Oregon

With its lush landscapes and relative affordability, Oregon is rapidly becoming a sought-after place to live. During the pandemic, densely populated and expensive cities like San Francisco, Los Angeles, and Seattle are seeing an…more

Disclosure Requirements, Due Diligence, Property Ownership, Real Estate Transactions, Residential Real Estate Contracts

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Matthew Tripp

EEOC Issues Final Rule Maintaining Agency’s Expansive Interpretation of Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) was enacted in 2023 to protect pregnant employees from workplace discrimination and ensure they receive reasonable accommodations in the workplace. On April 15, 2024, the Equal Employment…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy

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Brenton Twitchell

The Corporate Transparency Act Takes Effect January 1, 2024: What Businesses Need to Know and How to Prepare for the New FinCEN Regulations

Effective January 1, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury will implement new “beneficial ownership” reporting requirements that will have a significant impact on businesses…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Mark Tyler

Ninth Circuit Expands Securities Seller Liability to Social Media Promoters

On December 21, 2022, the Ninth Circuit sent a holiday gift to investor plaintiffs and a stocking full of coal to promoters advertising on social media. If you are thinking about touting your business plan on Instagram, think…more

Corporate Counsel, Instagram, Joint and Several Liability, Material Misstatements, Securities Act of 1933

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Heather Van Meter

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about…more

Biometric Information, Corporate Counsel, Data Collection, Employer Liability Issues, Facial Recognition Technology

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Eden Vasquez

[Webinar] Embracing Change: A Guide to Oregon's Evolving Leave Laws Landscape - May 29th, 9:00 am - 10:30 am PDT

Paid Leave Oregon (PLO) continues to shape the landscape of Oregon employment benefits since going into effect on September 3, 2023, and employers have faced ongoing challenges in navigating its complexities. In addition, the…more

Employee Benefits, Human Resources Professionals, Intermittent Leave, Notice Requirements, Oregon

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Shauna Vernal

AI Strategy for Banks: You’ve Got This!

When you think about artificial intelligence (AI), does your pulse start to race? Or are you excited to embrace it, but stuck in the quagmire of often conflicting, and even alarmist, information that seems to be coming at you…more

Artificial Intelligence, Banking Sector, Banks, Financial Institutions, Financial Services Industry

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Blakely Vogel

Employer Alert: Asthma in the Cannabis Workplace

Under state and federal occupational safety laws, employers have a general duty to provide a safe and healthy workplace. That duty includes taking reasonable steps to keep it free of any recognized hazards that might hurt or…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Labor Regulations, Marijuana

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James Walker

Big Changes May be Coming to Davis-Bacon

The Davis-Bacon Act and the Davis-Bacon Act Related Acts (the “Acts”), and their corresponding rules circulated by the Department of Labor (“DOL”), propose the rules for the administration and enforcement of the Acts’ labor…more

Construction Workers, Davis-Bacon Act, Department of Labor (DOL), Employer Liability Issues, Prevailing Wages

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Jack Wallan

Breaking Down EPA's Latest Proposed Rules: Expanded Hazardous Waste Definitions and PFAS Listings

On February 8, 2024, the United States Environmental Protection Agency (EPA) published two proposed rules under the Resource Conservation and Recovery Act (RCRA) that will expand the regulatory definition of “hazardous waste”…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, RCRA

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David E. Worley

California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment Claim

Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was…more

Corporate Counsel, Employer Liability Issues, Employment Litigation, Harassment, Hostile Environment

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James Yand

[Webinar] Construction Series—Retainage Options in Oregon & Washington - July 9th, 9:00 am - 10:30 am PT

Oregon and Washington now allow contractors and subcontractors to avoid cash retainage by posting a surety bond with the owner, on both public and private/commercial construction projects. The process is similar in both states…more

Construction Contracts, Construction Industry, Construction Managers, Construction Project, General Contractors

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Jacob Zahniser

Lien Rights on Tenant Improvement Work: A Cross-Jurisdictional Perspective

Tenant improvement work is a common source of construction liens. When liens arise out of tenant improvement work, the question is always: does the lien attach to the owner/landlord’s ownership interest in the property, or does…more

Construction Liens, Landlords, Leaseholds, Liens, Property Improvements

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