Schwabe, Williamson & Wyatt PC

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PacWest Center
1211 SW Fifth Avenue Suite 1900
Portland, OR 97204, United States
Phone: 503.222.9981
Fax: 503.796.2900
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alaska
  • California
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  • Washington
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  • Canada
Number of Attorneys
100+ Attorneys

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred…more

Abbreviated New Drug Application (ANDA), Attorney's Fees, Bench Trial, Design Patent, Food and Drug Administration (FDA)

See all updates »

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

See all updates »

FTC Sued to Overturn Ban on Noncompetes

The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of…more

Arbitrary and Capricious, Class Action, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New Oregon Brownfield Loan Program to Watch - Update

Revitalizing Brownfields has long been considered a centerpiece for community efforts to encourage growth and development of properties impacted by contamination. In 2021, Oregon’s Legislature passed HB 2518, which seeks to…more

Brownfield Properties, Contaminated Properties, Deadlines, Environmental Policies, Legislative Agendas

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New Rules Aim to Treat Substance Abuse Records Like Other HIPAA-Protected Health ‎Information

The rules will take effect on April 16. For years, health systems and health care providers have struggled to make sense of the rules that govern the use and disclosure of substance use disorder (SUD) treatment records. In…more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, HIPAA Breach Notification Rule

See all updates »

Supreme Court Concludes the Takings Clause Applies to Legislative Fee Enactments

On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Tax Implications of Payments Received under the Washington Paid Family Medical Leave Program

Since its effective date of January 1, 2020, the Washington Paid Family Medical Leave Program (“PFML”) has provided qualified employees paid time off if such employees miss work due to serious health conditions, needing to care…more

1099s, Coronavirus/COVID-19, Employer Liability Issues, IRS, Paid Family Leave Insurance Program

See all updates »

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 - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three other…more

Appeals, Damages, Deficiency Judgments, Discovery, Extraterritoriality Rules

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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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred…more

Abbreviated New Drug Application (ANDA), Attorney's Fees, Bench Trial, Design Patent, Food and Drug Administration (FDA)

See all updates »

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

See all updates »

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

See all updates »

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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Public Comments Invited for New Washington Dept. of Ecology Water Treatment Plant Permit

On March 20, 2024, the Washington Department of Ecology issued a draft Water Treatment Plant General Permit for public comment. Water treatment plants that engage in filter backwash activities and pollutant discharge must obtain…more

Comment Period, Department of Ecology, Permits, Regulatory Agenda, Water

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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

See all updates »

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)

See all updates »

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 - April 2024 #2

Janssen Pharms., Inc. et al. v. Teva Pharm. USA, Inc. et al., Appeal Nos. 2022-1258, -1307 (Fed. Cir. April 1, 2024) In this week’s Case of the Week, the Federal Circuit vacated-in-part a district court’s bench trial…more

Abstract Ideas, Appeals, Claim Construction, Janssen Pharmaceuticals, Obviousness

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

Supreme Court Concludes the Takings Clause Applies to Legislative Fee Enactments

On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

See all updates »

Case Challenging Political Classification of Natives Dismissed

There has been a recent decision on an interesting case involving a challenge to the ability of the federal government to provide benefits or rights to Tribes and other Native organizations…more

Casinos, Indian Gaming, Indian Gaming Regulation Act, Native American Issues, Sovereign Immunity

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Highlights from this week’s IAPP Global Privacy Summit

Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S…more

Algorithms, Biometric Information, Cybersecurity, Data Collection, Data Privacy

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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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

In Bayer v. Watson, the panel throws out Bayer’s patent to its Staxyn erectile dysfunction drug as being obvious, noting that the district court focused too heavily on the commercial availability of the prior art. The panel also…more

Appeals, Generic Drugs, Indefiniteness, Innovative Technology, Obviousness

See all updates »

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

See all updates »

Understanding Easement Law in Washington State

This article discusses certain legal issues on how courts interpret written easements, and provides some highlights on Washington easement law. The quotations below all come from various Washington appellate and federal court…more

Contract Interpretation, Easements, Eminent Domain, Right of Way, Washington

See all updates »

Washington Psilocybin Law Faces Delay

People hoping Washington would closely follow Oregon into the regulated use of psilocybin overseen by licensed practitioners faced a delay when a committee of the Washington legislature converted Senate Bill 5263 from legalizing…more

Controlled Substances, Drug Distribution, Healthcare, Legislative Agendas, Life Sciences

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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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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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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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Reintroduced California Bill Would Subject Voluntary Carbon Offsets to the State’s False ‎Advertising Law

On February 6, 2024, the California Legislature introduced Senate Bill 1036, which would make certain actions related to voluntary carbon offsets subject to California’s False Advertising Law. Senate Bill 1036 reintroduces last…more

California, Carbon Emissions, False Advertising, Greenhouse Gas Emissions, New Legislation

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USDOT Set to Overhaul DBE Program

On April 9, 2024, the U.S. Department of Transportation published its Final Rule to the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) programs. The Final Rule is the most significant overhaul to the…more

Amended Rules, DBE Program, Department of Transportation (DOT), Final Rules, SBA

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Ninth Circuit Affirms Reserved Right of Metlakatlan Fishing Off-Reservation Waters

On September 8, 2022, the Ninth Circuit Court of Appeals affirmed the reserved right of the Metlakatlan Indian Community to fish in the off-reservation waters where Metlakatlans had traditionally fished, and held that…more

Alaska, Appeals, Fishing Industry, Native American Issues, Tribal Lands

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Latest Federal Court Cases - April 2023

Roku, Inc. v. Universal Electronics, Inc., Appeal No. 2022-1058 (Fed. Cir. Mar. 31, 2023) In this week’s Case of the Week, the Federal Circuit affirmed the U.S. Patent Trial and Appeal Board’s (PTAB’s) final written…more

Claim Construction, Final Written Decisions, Food and Drug Administration (FDA), Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred…more

Abbreviated New Drug Application (ANDA), Attorney's Fees, Bench Trial, Design Patent, Food and Drug Administration (FDA)

See all updates »

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

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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