Schwabe, Williamson & Wyatt PC

The Grad Pack: Estate Planning for Newly-Minted Adults

Did you know that as soon as your child turns 18, you lose automatic access to their health, school, and financial information? When a child turns 18 and becomes a legal adult, it’s a momentous occasion—filled with…more

Adult Children, Beneficiary Designations, Durable Power of Attorney, Estate Planning, FERPA

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Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s…more

Appeals, Daubert Standards, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Intrinsic Evidence

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The FCC Funds the COVID-19 Telehealth Program

The Federal Communications Commission (“FCC”) established the COVID-19 Telehealth Program (the “Telehealth Program”) on April 2, 2020 in response to the COVID-19 pandemic. The Telehealth Program provides $200 million in funding,…more

CARES Act, Coronavirus/COVID-19, FCC, Federal Funding, Health Care Providers

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Court Blocks FTC’s Nationwide Ban on Non-Compete Agreements

On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Contract

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ABA Criticizes Nonrefundable Fees in Formal Opinion 505

In Formal Opinion 505 (the Opinion), the ABA wades into the discussion about nonrefundable attorney fees paid in advance, and declares that such a label “is not accurate” and should “not dictate whether a fee has been earned.”…more

American Bar Association (ABA), Attorney's Fees, Ethics, Jurisdiction

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Preparing a Small Business for the Unexpected: Owner’s Illness and Incapacity

To run a successful business, an owner must plan meticulously. In 2021, there were an estimated 32 million closely held businesses in the US. However, 61% of ‎them lacked a written succession plan. A company’s beating heart is…more

Business Succession, Family Businesses, Guardianships, Small Business, Succession Planning

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Update on Oregon’s New Air Toxic Program

Oregon’s new air toxic program is set to go “live” in November 2018. After two plus years in development, Oregon’s new, and, in many ways, radical approach to air toxics control, known as Cleaner Air Oregon (CAO), is expected…more

Air Pollution, Air Quality Standards, Department of Environmental Quality, Environmental Policies, Pollution Control

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Indian Child Welfare Act Goes Before Supreme Court ‎

On Wednesday, November 9, 2022, the U.S. Supreme Court held a three-hour oral argument in the Brackeen v. Haaland case. Brackeen involves constitutional challenges to the federal Indian Child Welfare Act of 1978 (ICWA) that…more

Adoption, Constitutional Challenges, Indian Child Welfare Act of 1978 (ICWA), Native American Issues, SBA

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Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and Kellogg, in which a majority of the panel affirms summary judgment of obviousness of a patent directed to a resealable cookie package…more

Appeals, Apportionment, Contributory Infringement, Damages, Ex Partes Reexamination

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Latest Federal Court Cases - August 2024 #3

Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this week’s Case of the Week, the Federal Circuit clarifies rules relating to when an applicant’s patent can be used…more

Appeals, Article III, Constitutional Challenges, EU, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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HB 1732 and 1733: Washington’s Long-Term Care Act

The Washington Legislature and Governor Inslee moved quickly the last week of January to pass and sign House Bills 1732 and 1733, which revised the controversial Long Term Care Act that would have gone into effect January 1,…more

Employee Benefits, Governor Inslee, Legislative Agendas, Long-Term Care, New Legislation

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Latest Federal Court Cases - September 2023 #2

Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2021-2299, -2338 (Fed. Cir. Sept. 15, 2023) - In a decade-old case that has raised a number of issues relating to design patents over…more

Administrative Procedure Act, Appeals, Design Patent, Disgorgement, Inter Partes Review (IPR) Proceeding

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Planning a Transaction in an Election Year? Stay The Course and Get Prepared

After slow deal flow last year, 2024 was expected to bring a resurgence in mergers and acquisitions as inflation eased and financing improved. In the first half of this year, transactions in the U.S. increased 6% over the same…more

Acquisitions, Cross-Border Transactions, Global Market, Mergers, Presidential Elections

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Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit affirms the decision in Secured Mail v. Universal to dismiss an infringement case under Rule 12(b)(6), holding that all of the asserted claims of the seven patents are directed to patent-ineligible subject matter. In…more

Abstract Ideas, Broadest Reasonable Interpretation Standard, Federal Rule 12(b)(6), Inter Partes Review (IPR) Proceeding, Patent Infringement

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Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel…more

Appeals, Arbitration Agreements, Common-Interest Privilege, Contempt, Declaratory Judgments

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What to Expect When Selling A Manufacturing Business

Knowing what to expect when going into the sale process and teaming up with experienced advisors is critical to making the sale of your business the crowning achievement of all of your hard work. This article discusses several…more

Acquisitions, Business Transfer Agreements, Closing Documents, Due Diligence, Letters of Intent

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Maritime Risks in the Age of COVID-19

It is critical that maritime operators manage the risks that arise from COVID-19 in order to maintain operational capacity. The risks are evolving as the crisis develops, and they can affect different companies in different…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Maritime Transport, OSHA

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Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the…more

Abstract Ideas, Appeals, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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Revised FLSA Rule on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a ‎final rule that revises the DOL’s interpretation of worker classification (employees versus ‎independent contractors) under the Fair Labor…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Employment Tax

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SBA’s Proposed Rule: Recertification of HUBZone Businesses

September 19, 2024 Comments are due by October 7, 2024. Industry Group Leader Associate On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small…more

Compliance, Contract Terms, HUBZone, Proposed Rules, Recertification

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Supreme Court decision overturning Chevron could have huge implications for health care

The recent U.S. Supreme Court decision overturning the Chevron Doctrine, which curtailed the power of the federal agencies to interpret the laws they administer, could prove to be disruptive in the health care realm, said two…more

Administrative Procedure Act, American Hospital Association, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Government Agencies

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Potential Impacts on the Natural Resources Industry After Chevron Overturn

On June 28, the Supreme Court abrogated the Chevron doctrine that has guided courts’ review of agency actions for the past 40 years. Chevron mandated that courts defer to an agency’s reasonable interpretation of an ambiguous…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Chevron v NRDC, Government Agencies

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Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et al…more

Appeals, Assessment, New Legislation, Notice Requirements, Property Improvements

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CARES Act Questions for the Manufacturing, Distribution and Retail Industry - Update #9

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and…more

Applications, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA)

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Civil Penalties Pivot to Federal Courts, Post-Jarkesy

The Supreme Court’s June 27 decision in Securities and Exchange Commission v. Jarkesy marks ‎a pivotal shift in administrative law, potentially limiting administrative adjudication of agency ‎enforcement across the federal…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Oregon Department of Forestry Nears End of Rulemaking Process to Change Forest Practices Act

The Oregon legislature passing Senate Bill 1501 in March of this year set the stage for the Oregon Department of Forestry’s (ODF’s)‎ rulemaking process to implement a comprehensive set of changes to Oregon’s Forest Practices Act…more

Forestry, Legislative Agendas, New Legislation, Notice of Proposed Rulemaking (NOPR), Oregon

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Latest Federal Court Cases - February 2024

Univ. of South Florida Bd. of Trustees v. United States, Appeal No. 2022-2248 (Fed. Cir. Feb. 9, 2024) In this week’s Case of the Week, the Federal Circuit examined the scope of a provision of the Bayh-Dole Act of 1980 (35…more

Appeals, Bayh-Dole Act, Claim Construction, Federal Funding, Final Written Decisions

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New Regulation Proposal Would Require Project Labor Agreements for Federal Construction ‎Projects

On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to require…more

Biden Administration, Comment Period, Construction Contracts, Construction Project, Contractors

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Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in…more

Appeals, Condominium Act, Condominiums, Declaration, Fraud

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Stanford Economist Nick Bloom shares WFH Trends and Predictions

Stanford Economist Nick Bloom shares WFH Trends and Predictions - More than two years into the pandemic, businesses are still wrestling with how to best navigate return to office (RTO). Firms that do it right stand to…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Hybrid Plan, Remote Working

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SBA 8(a) Program Regulatory Changes: ‎8(a) Business Activity Targets ‎

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA…more

8(a) Program, Business Development, Certification Requirements, Federal Contractors, Final Rules

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Overview of COVID-19-Related Eviction Moratoria Extensions

Since the start of the COVID-19 pandemic, the State of Oregon and federal agencies have enacted various moratoria on residential and commercial evictions and foreclosures. These include the foreclosure moratorium set forth in…more

Coronavirus/COVID-19, Eviction, Executive Orders, Fannie Mae, Foreclosure

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CPA Shoptalk: 8 Takeaways

On January 10th, 11th and 18th our tax attorneys ?hosted a "CPA Shoptalk" seminar in ?Portland, Vancouver and Bend. Below are ?some key takeaways to consider... 1. Partnership Audit Rules Post-TEFRA - The Balanced Budget…more

Beneficiaries, Business Taxes, C-Corporation, Charitable Donations, Corporate Taxes

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Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s…more

Appeals, Daubert Standards, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Intrinsic Evidence

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OP-ED: An Oregon OSHA Effect to Be Aware of if State Bill Becomes Law

On March 8, 2023, the Oregon Senate passed Senate Bill 592, which, if passed by the House and signed by the governor, would significantly increase the penalty amounts that the Oregon Occupational Safety and Health Division…more

Employees, Employer Liability Issues, Labor Law Violations, Oregon, OSHA

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Latest Federal Court Cases - December 2022 #4

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed…more

Appeals, Claim Construction, Inequitable Conduct, Patent Infringement, Patent Invalidity

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First Draw PPP Loans $2 Million and Up and the PPP Necessity Questionnaires - Update #2

Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are…more

American Rescue Plan Act of 2021, Borrowers, CARES Act, Paycheck Protection Program (PPP), Questionnaires

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Department of Treasury Issues Final Regulations Regarding Elective Pay Program ‎

The final regulations are effective on May 10, 2024. ‎ Last week, the Department of the Treasury issued final regulations that address the Elective Pay program (also called direct pay), predominantly under Internal Revenue…more

Comment Period, Eligibility, Final Rules, Internal Revenue Code (IRC), IRS

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Corporate Transparency Act: Reporting Beneficial Ownership Starting January 2024 - Update

What Does it Mean for Your Business? This article updates and provides new information and guidance and replaces our original article dated August 3, 2023. On January 1, 2024, the Corporate Transparency Act (the “Act” or…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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Potential Impacts on the Natural Resources Industry After Chevron Overturn

On June 28, the Supreme Court abrogated the Chevron doctrine that has guided courts’ review of agency actions for the past 40 years. Chevron mandated that courts defer to an agency’s reasonable interpretation of an ambiguous…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Chevron v NRDC, Government Agencies

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The Clean Power Plan Update

On Friday, June 30, the U.S. Supreme Court issued its opinion in  West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean…more

Carbon Emissions, Clean Air Act, Clean Energy, Clean Power Plan, Environmental Protection Agency (EPA)

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SBA Proposed Rule and its Impact on Alaska Native Corporations

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory changes…more

Alaska, Comment Period, Deadlines, Federal Acquisition Regulations (FAR), Mentor-Protege Program

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Corporate Transparency Act: Reporting Beneficial Ownership Starting January 2024 - Update

What Does it Mean for Your Business? This article updates and provides new information and guidance and replaces our original article dated August 3, 2023. On January 1, 2024, the Corporate Transparency Act (the “Act” or…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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Supreme Court decision overturning Chevron could have huge implications for health care

The recent U.S. Supreme Court decision overturning the Chevron Doctrine, which curtailed the power of the federal agencies to interpret the laws they administer, could prove to be disruptive in the health care realm, said two…more

Administrative Procedure Act, American Hospital Association, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Government Agencies

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Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s…more

Appeals, Daubert Standards, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Intrinsic Evidence

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Employers Can No Longer Require Arbitration of Sexual Harassment Claims

On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes…more

Arbitration, Arbitration Agreements, Dispute Resolution, Employer Liability Issues, Employment Contract

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Corporate Transparency Act: Reporting Beneficial Ownership Starting January 2024 - Update

What Does it Mean for Your Business? This article updates and provides new information and guidance and replaces our original article dated August 3, 2023. On January 1, 2024, the Corporate Transparency Act (the “Act” or…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063…more

Biden Administration, Collective Bargaining Agreements (CBA), Commercial Litigation, Construction Industry, Construction Project

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Senator Joe Nguyễn’s List of 2024 Washington Clean Energy Legislation

The transition to carbon-free energy requires significant investments in new energy facilities and extensive new transmission lines. Senator Joe Nguyễn spearheaded this effort during the 2024 legislative session by leveraging…more

Clean Energy, Electricity, Energy Sector, Legislative Agendas, New Legislation

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Operator Liability for Intoxicated Crew

Maritime operators should diligently enact and follow policies and procedures on personal leave and drinking ashore. In a recent decision from the U.S. District Court for the Middle District of Louisiana, the court refused to…more

Alcohol Testing, Drug Testing, Employees, Employer Liability Issues, Maritime Transport

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What Landlords Need to Know with the Expiration of Oregon’s Commercial Eviction Ban

On June 26, 2020, in response to the COVID-19 pandemic, the State of Oregon passed House Bill 4213, which restricted a landlord’s ability to enforce certain rights if a tenant failed to pay rent during the “Emergency Period,”…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Governor Brown

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Healthcare Employee Data Privacy during the COVID-19 Pandemic

The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Covered Entities, Equal Employment Opportunity Commission (EEOC), Families First Coronavirus Response Act (FFCRA)

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OP-ED: Running the Numbers - Structuring a Commercial Real Estate Investment

As a commercial real estate lawyer, I understand that my clients often rely on their financial analysts and their projections, forecasts and assumptions to determine whether to invest in a real estate venture. Whether a lawyer…more

Analytics, Business Strategies, Commercial Real Estate Market, Investment, Investment Management

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Latest Federal Court Cases - August 2024

Sanho Corp. v. Kaijet Technology International Limited Inc., Appeal No. 2023-1336 (Fed. Cir. July 31, 2024) In our Case of the Week, the Federal Circuit held that the private but non-confidential sale of thousands of laptop…more

Appeals, Claim Construction, Final Written Decisions, Inventions, Inventors

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Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare, Ltd., Decided June 13, 2022

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private foreign…more

28 U.S.C. § 1782, Arbitration, Business Disputes, Business Litigation, Corporate Counsel

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Oregon Legislature Extends Eviction Ban Until September 30, 2020, and Adds Six-Month Payment Grace Period

On Friday, June 26, 2020, the Oregon Legislature passed House Bill 4213 (“HB4213”), and the Governor signed HB4213 into law on June 30, 2020. Although slightly different than the Governor’s eviction ban under Executive Order…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Injunctive Relief, Relief Measures

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CARES Act Questions for the Agricultural Industry - Update #7

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and…more

Applications, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA)

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A recap from the PNW Predictions: Retail Real Estate Reimagined event

This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real…more

Brick-and-Mortar Stores, Business Formation, Business Ownership, Coronavirus/COVID-19, Customers

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U.S. Supreme Court Limits Extent of Federal Authority Over Wetlands

Following years of administrative rulemaking and litigation, the U.S. Supreme Court published a much-anticipated decision interpreting what is a water of the United States (WOTUS) under the Clean Water Act (CWA). On May 25,…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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The Private Forest Accord: Oregon Legislature Paves the Way for Changes to the Forest Practices Act

The Oregon legislature passed, as part of its February 2022 session, three bills that form a comprehensive set of changes to the Oregon Forest Practices Act (Senate Bill 1501), create a small forestland owner tax credit (Senate…more

Forestry, Legislative Agendas, New Legislation, Oregon, State and Local Government

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Biden Administration Voices Strong Support for the Jones Act

On January 25, 2021, President Biden signed the Ensuring the Future Is Made in All of America by All of America’s Workers (Made in America) Executive Order, which not only directs that federal government purchases and…more

Biden Administration, Buy American Act, Executive Orders, General Services Administration (GSA), Jones Act

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CARES Act Questions for the Transportation, Ports, and Maritime Industries - Update #8

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and…more

Airports, Applications, Aviation Industry, CARES Act, Coronavirus/COVID-19

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Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its…more

Appeals, Condemnation, Inland Waterways, Land Owners, Municipalities

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The Fall of the Chevron Doctrine: Implications for Indian Country and Alaska Native Corporations

For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the doctrine,…more

8(a) Program, Administrative Procedure Act, Alaska, Chevron Deference, Chevron v NRDC

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New Drought Exemption Protects Oregon Water Rights from Forfeiture

July 17, 2023 Of Counsel On June 7, 2023, Governor Tina Kotek signed into law SB 718, which provides an additional layer of protection for Oregon water right holders in drought-stricken counties. The new law goes into effect…more

Drought, Legislative Agendas, New Legislation, Oregon, State and Local Government

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Generative AI in the Workplace: Proceed with Caution

The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when AlphaGo…more

Artificial Intelligence, Automated Systems, Electronic Monitoring, Employee Rights, Employees

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Generative AI in the Workplace: Proceed with Caution

The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when AlphaGo…more

Artificial Intelligence, Automated Systems, Electronic Monitoring, Employee Rights, Employees

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Recent Decision Allows Tribes to Recover Healthcare Expenses ‎

In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act (ISDEAA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service…more

Becerra v San Carlos Apache Tribe, Health Insurance, Healthcare, Indian Health Service (IHS), Indian Self-Determination and Education Assistance Act (ISDEAA)

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Navigating Small Business Set-Asides

The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business…more

Federal Acquisition Regulations (FAR), Federal Contractors, GAO, Set-Asides, Small Business

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The Net-Net: How the Supreme Court’s Administrative Law Rulings Could Transform the Tech Industry ‎

This summer, the Supreme Court ended its term shortly after issuing game-changing rulings that modify the authority of federal agencies. Given the result of restraining agencies such as the FTC and FCC from interpreting and…more

Administrative Authority, Administrative Procedure Act, Administrative Proceedings, Artificial Intelligence, Chevron Deference

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Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare, Ltd., Decided June 13, 2022

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private foreign…more

28 U.S.C. § 1782, Arbitration, Business Disputes, Business Litigation, Corporate Counsel

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Oregon Governor’s Executive Order and the Real Estate and Construction Industry

These continue to be very unusual and challenging times. With the Oregon governor’s announcement of the “Stay Home, Save Lives” executive order, many businesses are significantly affected and are feeling a great deal of…more

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Estate Planning and Business Transition Considerations for Year-End Preparations

As we enter the homestretch of 2023, it’s the perfect time to reexamine plans and action items. There are plenty of items to address, and it’s best to do so sooner rather than later. When you review year-end estate planning or…more

Business Taxes, Charitable Donations, Estate Planning, Estate Tax, Gift Tax

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Estate Planning and Business Transition Considerations for Year-End Preparations

As we enter the homestretch of 2023, it’s the perfect time to reexamine plans and action items. There are plenty of items to address, and it’s best to do so sooner rather than later. When you review year-end estate planning or…more

Business Taxes, Charitable Donations, Estate Planning, Estate Tax, Gift Tax

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New FAR Rule Aims to Maximize Federal Sustainable Purchases

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have issued a final rule (the “Final Rule”) that amends the Federal Acquisition Regulation (FAR) to maximize Federal…more

Biden Administration, Energy Efficiency, Environmental Protection Agency (EPA), Federal Acquisition Regulations (FAR), Federal Procurement Systems

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Corporate Transparency Act: Reporting Beneficial Ownership Starting January 2024 - Update

What Does it Mean for Your Business? This article updates and provides new information and guidance and replaces our original article dated August 3, 2023. On January 1, 2024, the Corporate Transparency Act (the “Act” or…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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Minimum Wage Increase for Federal Contractors

Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into or…more

Biden Administration, Davis-Bacon Act, Department of Labor (DOL), Employees, Employer Liability Issues

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Preparing a Small Business for the Unexpected: Owner’s Illness and Incapacity

To run a successful business, an owner must plan meticulously. In 2021, there were an estimated 32 million closely held businesses in the US. However, 61% of ‎them lacked a written succession plan. A company’s beating heart is…more

Business Succession, Family Businesses, Guardianships, Small Business, Succession Planning

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Comments Sought on Proposed Requirements of the Cyber Incident Reporting for Critical ‎Infrastructure Act

On March 15, 2022, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law. Generally, CIRCIA requires “covered entities,” defined as entities in certain critical infrastructure sectors, to…more

Comment Period, Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting

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Latest Federal Court Cases - May 2024

SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction…more

Anticipation, Appeals, Claim Construction, Damages, Declaratory Judgments

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Potential Changes in Office, Retail, and Residential Construction in the Post-COVID-19 Market

The shelter-in-place orders during the COVID-19 pandemic have altered the way we work, play, and interact. Retail establishments have been forced to close or dramatically change the way they operate. Many office buildings are…more

Business Closures, Commercial Buildings, Construction Industry, Coronavirus/COVID-19, Hospitality Industry

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Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et al…more

Appeals, Assessment, New Legislation, Notice Requirements, Property Improvements

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Ports Must Control Stormwater Across Their Entire Footprint

Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,…more

Appeals, Citizen Suits, Clean Water Act, Environmental Policies, Industrial Stormwater Rule

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OP-ED: Design Professional Standard of Care vs. Affordable Housing Needs

A few years ago, at the beginning of the pandemic, I wrote an article about the shifting norms in building design and legal risk for architects and engineers arising from the quickly evolving shifts in building use and public…more

Affordable Care Act, Construction Industry, Construction Project, Land Developers, Oregon

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Learn with Schwabe: Celebrating Pride by Remembering Its Roots as a Riot

As we celebrate Pride Month this year, and with the Black Lives Matter movement in the forefront of the current collective national consciousness, Schwabe urges all to remember that there would be no Pride without…more

Civil Rights Act, Gender Discrimination, Gender Identity, LGBTQ, Sex Discrimination

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ABA Criticizes Nonrefundable Fees in Formal Opinion 505

In Formal Opinion 505 (the Opinion), the ABA wades into the discussion about nonrefundable attorney fees paid in advance, and declares that such a label “is not accurate” and should “not dictate whether a fee has been earned.”…more

American Bar Association (ABA), Attorney's Fees, Ethics, Jurisdiction

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What Landlords Need to Know with the Expiration of Oregon’s Commercial Eviction Ban

On June 26, 2020, in response to the COVID-19 pandemic, the State of Oregon passed House Bill 4213, which restricted a landlord’s ability to enforce certain rights if a tenant failed to pay rent during the “Emergency Period,”…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Governor Brown

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Shining Light on Oregon’s Solar Future: Governor Signs Bills Affecting Solar Facility Rules

In the latest legislative session, Oregon Governor Tina Kotek signed two new bills directly impacting the siting and development of photovoltaic solar power generation facilities. Oregon House Bill (HB) 3179, which expands…more

Climate Action Plan, Legislative Agendas, New Legislation, Oregon, Regulatory Agenda

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Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the specification…more

Appeals, Dismissals, Enablement Inquiries, First-to-File, Indefiniteness

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Chapter 11 Bankruptcy is Expensive; the Small Business Reorganization Act Provides a Realistic Opportunity for Small Businesses to Reorganize

Many commentators have long complained and many companies have experienced the reality that bankruptcy laws are too complex, costly, and onerous to successfully allow small businesses to survive by reorganizing in bankruptcy…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Reorganizations

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Ports Obtain Authority to Provide Wholesale and Retail Broadband under New Legislation

Port districts in Washington now have broad authority to extend broadband into unserved areas. ESHB 1336 amends RCW 53.08.370 to grant ports broad authority to provide wholesale and retail telecommunication services within…more

Broadband, Governor Inslee, Mobile Broadband Services, New Legislation, State Legislatures

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Oregon HOA’s and Condo Associations Need to Omit Discriminatory Language in Governing ‎Documents ‎

The Oregon Legislature adopted a bill in 2021 to ensure planned communities eliminate discriminatory language from their governing documents by the end of this year. House Bill 2534, which amends Oregon Revised Statutes (ORS)…more

Community Associations, Condominium Associations, Discrimination, Documentation, Fair Housing Act (FHA)

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Oregon Legislature Changes OFLA and Paid Leave Oregon Rules, Yet Again

In what many employers will regard as a welcome change, on February 27, 2024, the Oregon Legislature passed Senate Bill 1515 (which Governor Tina Kotek is expected to sign into law right away) to eliminate many of the…more

Employee Benefits, Employees, Employer Liability Issues, Legislative Agendas, New Legislation

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Biden Administration Voices Strong Support for the Jones Act

On January 25, 2021, President Biden signed the Ensuring the Future Is Made in All of America by All of America’s Workers (Made in America) Executive Order, which not only directs that federal government purchases and…more

Biden Administration, Buy American Act, Executive Orders, General Services Administration (GSA), Jones Act

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Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its…more

Appeals, Condemnation, Inland Waterways, Land Owners, Municipalities

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The Lender’s Role in the PPP Loan Review Process - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review and Appeals Process, ‎Part 3‎ - Update

Updated February 24, 2022 - Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness…more

Borrowers, Coronavirus/COVID-19, Economic Aid Act, Lenders, Loan Forgiveness

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Shining Light on Oregon’s Solar Future: Governor Signs Bills Affecting Solar Facility Rules

In the latest legislative session, Oregon Governor Tina Kotek signed two new bills directly impacting the siting and development of photovoltaic solar power generation facilities. Oregon House Bill (HB) 3179, which expands…more

Climate Action Plan, Legislative Agendas, New Legislation, Oregon, Regulatory Agenda

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Reminder: Workplace Fairness Act goes into Effect October 1

With a pandemic and wildfires, it is understandable that many Oregon employers have not yet taken steps to comply with the Workplace Fairness Act ("Act") that takes effect on October 1, 2020..…more

BOLI, Compliance, Employees, Employer Liability Issues, Employment Discrimination

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Estate Planning and Business Transition Considerations for Year-End Preparations

As we enter the homestretch of 2023, it’s the perfect time to reexamine plans and action items. There are plenty of items to address, and it’s best to do so sooner rather than later. When you review year-end estate planning or…more

Business Taxes, Charitable Donations, Estate Planning, Estate Tax, Gift Tax

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Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision

Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v…more

Clean Water Act, Direct Discharge, Discharge of Pollutants, Draft Guidance, Environmental Protection Agency (EPA)

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CPA Shoptalk: 8 Takeaways

On January 10th, 11th and 18th our tax attorneys ?hosted a "CPA Shoptalk" seminar in ?Portland, Vancouver and Bend. Below are ?some key takeaways to consider... 1. Partnership Audit Rules Post-TEFRA - The Balanced Budget…more

Beneficiaries, Business Taxes, C-Corporation, Charitable Donations, Corporate Taxes

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The Lender’s Role in the PPP Loan Review Process - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review and Appeals Process, ‎Part 3‎ - Update

Updated February 24, 2022 - Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness…more

Borrowers, Coronavirus/COVID-19, Economic Aid Act, Lenders, Loan Forgiveness

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The Washington My Health, My Data Act Looms Large

The Washington My Health My Data Act was passed in April 2023 to expand privacy protections for personal health data. Thus far, only the Act’s geofencing requirements have been enforceable. On March 31, 2024, the Act’s remaining…more

DATA Act, Data Protection Acts, Health Information Technologies, Healthcare, Privacy Policy

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SBA’s Proposed Rule: Recertification of HUBZone Businesses

September 19, 2024 Comments are due by October 7, 2024. Industry Group Leader Associate On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small…more

Compliance, Contract Terms, HUBZone, Proposed Rules, Recertification

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Federal Grants for Office-to-Residential Conversions and Transit-Oriented Development

As we’ve previously discussed, the Washington legislature recently passed legislation to allow conversion of underutilized commercial office space to residential units. The federal government recently established and revised…more

Department of Transportation (DOT), Federal Funding, Federal Grants, Infrastructure, Infrastructure Financing

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Senator Joe Nguyễn’s List of 2024 Washington Clean Energy Legislation

The transition to carbon-free energy requires significant investments in new energy facilities and extensive new transmission lines. Senator Joe Nguyễn spearheaded this effort during the 2024 legislative session by leveraging…more

Clean Energy, Electricity, Energy Sector, Legislative Agendas, New Legislation

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Washington Expands Change Order Protections to Private Projects

In March 2024, Governor Inslee signed SSB 6192 into law. This amended RCW 39.04.360 to require timely execution of change orders on both public and private construction projects. The amended language, which went into effect on…more

Amended Legislation, Change Orders, Construction Industry, Construction Project, Contractors

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Does Oregon's Emergency Time Extensions During the COVID-19 Pandemic Give Contractors, Suppliers, and Design Professionals More Time to Notice, Perfect, and Foreclose Their Construction Liens? 

In response to the ongoing delays and uncertainty caused by the COVID-19 pandemic, Governor Brown signed House Bill 4212 into law in June 2020. The law contains a number of remedial measures affecting the functioning of local…more

Construction Industry, Construction Liens, Contractors, Coronavirus/COVID-19, Deadlines

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Clean Water Act Coverage – Another Revised WOTUS Rule

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the Clean…more

Clean Water Act, Environmental Protection Agency (EPA), Hawaii Wildlife Fund v County of Maui, Jurisdiction, Navigable Waters

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Oregon Poised to Enact Expedited Land Division Allowances for Middle Housing

It is a truism to say that infill development in Oregon is fraught and expensive. This is apparently not lost on the Legislature, which over the past four years has enacted a number of laws to reduce local permitting barriers on…more

Affordable Housing, Governor Brown, Legislative Agendas, Municipalities, New Legislation

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Recent Decision Allows Tribes to Recover Healthcare Expenses ‎

In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act (ISDEAA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service…more

Becerra v San Carlos Apache Tribe, Health Insurance, Healthcare, Indian Health Service (IHS), Indian Self-Determination and Education Assistance Act (ISDEAA)

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How Can We Promote Greater Inventor Equity in U.S. Patenting?

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and…more

Gender Equity, Intellectual Property Protection, Inventions, Inventors, Patents

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Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Sanofi v. Watson Labs., the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another 12 years of exclusivity as to its Multaq® atrial fibrillation…more

Appeals, Doctrine of Prosecution Disclaimer, Generic Drugs, Obviousness, Patent Infringement

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Revised WOTUS Rule Limits Reach of Clean Water Act

Following years of administrative rulemaking and litigation, on September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of waters of the United…more

Amended Rules, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways

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Corporate Transparency Act: Reporting Beneficial Ownership Starting January 2024 - Update

What Does it Mean for Your Business? This article updates and provides new information and guidance and replaces our original article dated August 3, 2023. On January 1, 2024, the Corporate Transparency Act (the “Act” or…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act (“DMCA”),…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Corporate Transparency Act: Reporting Beneficial Ownership Starting January 2024 - Update

What Does it Mean for Your Business? This article updates and provides new information and guidance and replaces our original article dated August 3, 2023. On January 1, 2024, the Corporate Transparency Act (the “Act” or…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act

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Copyright Office Releases AI Guidance

After receiving input from thousands of stakeholders during a public comment period, the U.S. Copyright Office has released the first of four reports in its Copyright and Artificial Intelligence series, this one to address…more

Artificial Intelligence, Artificial Reproduction, Copyright Office, Deep Fake, Intellectual Property Litigation

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What Does Governor Inslee’s “Stay Home, Stay Healthy” Proclamation Mean for the Construction Industry in Washington?

Governor Inslee’s Proclamation (20-25) - Effective Wednesday, March 25, 2020 at midnight, all non-essential businesses in Washington shall cease operations except for performing basic minimum operations. 1. Employees may…more

Construction Industry, Construction Project, Governor Inslee, Non-Essential Businesses, Operators of Essential Services

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Proposed Rule to Codify the Cybersecurity Maturity Model Certification 2.0 Program ‎

On December 26, the Department of Defense issued its proposed rule for the Cybersecurity Maturity Model Certification (CMMC) 2.0 program, which covers federal contracts (including defense contracts) and, by extension, federal…more

Certification Requirements, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Sector

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OP-ED: Build the Right Real Estate Development Team for Your Next Project

Property development can be complicated, and a successful project requires the skills of many professionals. Before starting the hunt for the ideal property, consider first building a real estate development team. Once a…more

Appraisers, Architects, Engineering, Land Surveys, Mortgage Brokers

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Internal Revenue Service to Resume Revenue Collection Notices

Beginning on January 1, 2024, the IRS will resume automated collection notices for all tax years. Individuals, businesses, trusts, estates, and tax-exempt organizations may be eligible for penalty relief for tax years 2020 and…more

Collection Action, Income Taxes, Internal Revenue Code (IRC), IRS, Tax Reform

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The Grad Pack: Estate Planning for Newly-Minted Adults

Did you know that as soon as your child turns 18, you lose automatic access to their health, school, and financial information? When a child turns 18 and becomes a legal adult, it’s a momentous occasion—filled with…more

Adult Children, Beneficiary Designations, Durable Power of Attorney, Estate Planning, FERPA

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Chevron is Gone: How Will the Real Estate and Construction Industry be Impacted?‎

On June 28, 2024, the Supreme Court overruled the Chevron doctrine that had guided courts’ review of agency actions the past 40 years. The Chevron doctrine required courts to defer to a federal agency’s reasonable interpretation…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Construction Industry, Corner Post Inc v Board of Governors of the Federal Reserve System

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The Lender’s Role in the PPP Loan Review Process - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review and Appeals Process, ‎Part 3‎ - Update

Updated February 24, 2022 - Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness…more

Borrowers, Coronavirus/COVID-19, Economic Aid Act, Lenders, Loan Forgiveness

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Issues to Consider for Estate Planning and Business Transitions Before Year-End

With the end of the year just around the corner, it’s a good time to reassess plans and action-items. When reviewing your year-end estate planning or business transition concerns, there are several things to contemplate and…more

Business Ownership, Business Taxes, Charitable Donations, Estate Planning, Gift Tax

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The Fall of the Chevron Doctrine: Implications for Ports and Maritime Clients

Over the last forty years the Chevron doctrine, established by the Supreme Court in Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a pillar of administrative law in the United…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Chevron v NRDC, Government Agencies

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Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s…more

Appeals, Daubert Standards, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Intrinsic Evidence

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Ready or Not, Here It Is—the DOL’s New Overtime Rule Has Arrived

We are providing an update to our April 10 article regarding plans to increase the salary threshold for overtime-exempt employees, because on April 23 the Department of Labor released its final rule, Defining and Delimiting the…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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