Stoel Rives LLP

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760 SW Ninth Avenue, Suite 3000
Portland, Oregon 97205, United States
Phone: (503) 224-3380
Fax: (503) 220-2480
Practice Groups
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • Idaho
  • Minnesota
  • Oregon
  • Utah
  • Washington
Number of Attorneys
200+ Attorneys

Subleasing: A Real Estate Strategy in a Post-Pandemic Economy

In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Landlords

See all updates »

What Out-of-State Buyers Should Know About California Real Estate Transfer Taxes

As Benjamin Franklin once said, “Nothing in this world can be said to be certain, except death and taxes.” For out-of-state buyers unfamiliar with California’s transfer tax system, there are a few things to know to avoid a…more

California, IRS, Property Owners, Property Tax, Real Estate Transfers

See all updates »

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees.  Read more below for further updates…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

See all updates »

IRS Announces HSA and HDHP Limits for 2025

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025.  The updated 2025 limits are as…more

Contribution Limits, Employee Benefits, HDHP, Health Savings Accounts, Inflation Adjustments

See all updates »

USPTO Guidance Establishes Principles for Human Inventorship of AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Guidance this week on how to evaluate patent inventorship when technology is developed using artificial intelligence (AI) systems, including generative AI. Companies developing…more

Artificial Intelligence, Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board

See all updates »

Oregon Health Authority Suspends COVID-19 Vaccine Mandate for Health Care Workers

On May 10, 2023, the Oregon Health Authority (“OHA”) announced that, effective May 11, it is suspending the statewide rule requiring that health care workers be fully vaccinated against COVID-19 unless they have an approved…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health and Safety, Healthcare Workers, Infectious Diseases

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Federal Energy Regulatory Commission Issues Long-Awaited Transmission Planning and Cost Allocation Final Rule

On May 13, 2024, at a special transmission reform meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920 “Building for the Future Through Electric Regional Transmission Planning and Cost…more

Electricity, Energy Sector, FERC, Notice of Proposed Rulemaking (NOPR), Power Companies

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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

See all updates »

Clients Living Outside of Oregon and Washington With Real Property In-State Should Consider Holding via an LLC

Many clients, as well as their advisors, are unaware of how the Washington and Oregon estate tax systems work with respect to real and tangible personal property owned in these states by people domiciled elsewhere. In both…more

Estate Tax, Limited Liability Company (LLC), Oregon, Property Owners, Property Tax

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Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

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

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Alaska Department of Transportation and Public Facilities Proposes Regulation Changes

The Alaska Department of Transportation and Public Facilities (DOTPF) issued notice of proposed regulation amendments to Title 17 of the Alaska Administrative Code dealing with rural airport rental and fees…more

Air Carriers, Airline Passengers, Airlines, Aviation Industry, Department of Transportation (DOT)

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Planning for College Kids and Young Adults

As young family members head off to school or leave home for a job, parents and other relatives may wonder how they can continue to support a child or assist with health care or other decisions. Many parents are surprised when…more

Beneficiary Designations, Estate Planning, Estate Tax, Estate-Tax Exemption, Exemptions

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Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable…more

Arbitration, Arbitration Agreements, Arbitrators, Breach of Contract, Construction Contracts

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EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

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

See all updates »

ERISA Litigation Update: ERISA Fiduciary Duty of Prudence: Fees and Monitoring Investment Options

Briefed - - Lawsuits targeting ERISA fiduciaries and sponsors are skyrocketing. - A recent SCOTUS decision confirmed duty of prudence requires the fiduciary to monitor plan investment options and remove imprudent…more

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

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Treasury Issues Proposed Regulations Regarding Energy Property, Prevailing Wage and Apprenticeship, the 80/20 Rule, and Interconnection Property

The U.S. Department of the Treasury (Treasury Department) recently released a notice of proposed rulemaking regarding four significant aspects of the investment tax credit (ITC) under Section 48 of the Internal Revenue Code…more

Energy Projects, Energy Sector, Energy Storage, Energy Tax Incentives, Inflation Reduction Act (IRA)

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EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

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

See all updates »

License to Build: The Importance of License Terms in Design Agreements

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property…more

American Institute of Architects, Architects, Architectural Copyrights, Architecture, Construction Project

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Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Main Street Lending Program Goes Live: Eligible Borrowers Can Apply Now, Relief for Non-Profits Is in Sight

The Federal Reserve Bank of Boston (“FRBB”) announced that the Main Street Lending Program (the “Program”) established by the Federal Reserve Board (the “Fed”) is operational as of July 6, 2020. To obtain a Program loan,…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Nonprofits, U.S. Treasury

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The Role of Liquidated Damages Provisions in Construction Contracts

Considering all that can go wrong on a construction site, it can seem like a miracle that anything is ever built. Construction projects can be massive undertakings, often with millions of dollars at stake, requiring the…more

Breach of Contract, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

See all updates »

Idaho Supreme Court Update: Attorney’s Fees in Real Estate Litigation Under Idaho Code § 12-120(3)

On February 14, 2023, the Court released a unanimous decision in Treasure Valley Home Solutions, LLC v. Chason. This post will focus on the Court’s analysis of when a real estate transaction is a commercial transaction such that…more

Attorney's Fees, ID Supreme Court, Real Estate Professionals

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Idaho Supreme Court Update: The Court’s Original Jurisdiction Is Limited, But The Legislature’s Regulation Of Executive Rulemaking Is Not

On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction to…more

Administrative Procedure Act, Appeals, Declaratory Judgment Act, ID Supreme Court, Jurisdiction

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New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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U.S. Environmental Protection Agency Proposes to Rescind Risk Management Plan Regulations

The U.S. Environmental Protection Agency (“EPA”), has authority under section 112(r) of the Clean Air Act (“CAA”) to require facilities that handle hazardous chemicals to develop accident prevention and emergency response plans…more

Clean Air Act, Comment Period, Environmental Policies, Environmental Protection Agency (EPA), Obama Administration

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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

See all updates »

College Kids and Young Adults – What Planning Documents Do They Need?

As young family members head off to school or for new jobs, and especially in this time of uncertainty, parents may wonder if they may suddenly be needed to assist with health care or other decisions for their child. Many…more

Documentation, Students

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Attention NSR Geeks: EPA Clarifies Applicability Approach

On December 7, 2017, EPA administrator Scott Pruitt announced an approach to New Source Review (NSR) applicability that supports presidential priorities for streamlining permit requirements: “New Source Review Preconstruction…more

Environmental Protection Agency (EPA), New Guidance, Permits, Regulatory Reform

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Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden…more

Biden Administration, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

See all updates »

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal…more

Conflicts of Interest, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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U.S. Fish and Wildlife Service Publishes Final Rule Amending Eagle Permit Regulations

Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a final rule amending its regulations authorizing permits for eagle incidental take and eagle nest take.  The final rule comes…more

Bald and Golden Eagle Protection Act, Eagle Permit Program, Endangered Species, Federal Register, General Permit

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Strategies for Getting Difficult Contracts to the Finish Line

When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has characterized…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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COVID-19 Update: California Breweries, Distilleries, Restaurants, and Wineries Regulatory Relief

Late yesterday, the California Department of Alcoholic Beverage Control (“ABC”) issued a wide ranging Notice of Regulatory Relief (“Notice”) dramatically increasing the options for selling alcoholic beverages in the state…more

ABC, Breweries, Coronavirus/COVID-19, Direct to Consumer Sales, Distilleries

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4 Ways Employers Can Provide Financial Support to Employees

In the wake of the COVID-19 pandemic, many employers are searching for ways to support their employees in light of the financial hardships caused by the pandemic and the related quarantine. This alert summarizes four ways in…more

Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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COVID-19 Update: Stoel Rives Updated Guide to Washington State Eviction Moratoria and Tenant Protections - March 2021

March 11, 2021 Update - As the pandemic extends into 2021, COVID-related emergency eviction moratoria that were rolled out by a variety of jurisdictions in March of 2020 continue to be updated and refined in response to…more

Coronavirus/COVID-19, Eviction, Financial Distress, Landlords, Moratorium

See all updates »

FERC issues Final Rule on Improvements to Generator Interconnection Procedures and Agreements

At the July 27, 2023, Open Meeting, the Federal Energy Regulatory Commission (FERC) issued long-awaited Order No. 2023, the Final Rule on Improvements to Generator Interconnection Procedures and Agreements in Docket No…more

Electricity, Energy Sector, FERC, Power Companies, Public Utility

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Washington Real Estate Law Update: Increases and Changes to the Washington Real Estate Excise Tax

Washington currently imposes a real estate excise tax (“REET”) on the sale or transfer of real property in the state at a rate of 1.28% of the selling price. Local governments can also impose REET at the rate of 0.25% or 0.50%,…more

Excise Tax, Income Taxes, Property Ownership, Purchase Agreement, Real Estate Investments

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Stoel Rives | Deeply Rooted Podcast Episode Six: Understanding the Intersection of ESG and the Forest Sector with MaryKate Bullen, Director of Sustainability and ESG of Forest Investment Associates

In the latest installment of the Stoel Rives | Deeply Rooted Podcast, titled Understanding the Intersection of ESG and the Forest Sector, MaryKate Bullen, Director of Sustainability and ESG of Forest Investment Associates, and…more

Agricultural Sector, Board of Directors, Carbon Emissions, Climate Change, Corporate Governance

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How Does Washington’s Stay Home Order Affect My Business?

On March 23, 2020, Governor Jay Inslee issued an Executive Order directing all Washington residents to stay at home, with certain exceptions for “essential businesses” and limited nongroup activities. The restrictions on…more

Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Inslee

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COVID-19: Does Shelter in Place Apply to My Business?

What are these orders? California counties began issuing shelter-in-place orders early last week, and by March 19, a statewide stay-at-home order was issued. Other states and local governments followed suit, with Illinois,…more

Business Closures, Business Continuity Plans, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services

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What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees.  Read more below for further updates…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

See all updates »

New Reporting Requirements Created by the Corporate Transparency Act

This alert provides a summary of new reporting requirements created by the Corporate Transparency Act (the “CTA”) and associated implementing rules. The CTA is a federal law that requires broad categories of legal entities…more

Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes, FinCEN

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New Reporting Requirements Created by the Corporate Transparency Act

This alert provides a summary of new reporting requirements created by the Corporate Transparency Act (the “CTA”) and associated implementing rules. The CTA is a federal law that requires broad categories of legal entities…more

Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes, FinCEN

See all updates »

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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COVID-19 Update: Stoel Rives Updated Guide to Washington State Eviction Moratoria and Tenant Protections - March 2021

March 11, 2021 Update - As the pandemic extends into 2021, COVID-related emergency eviction moratoria that were rolled out by a variety of jurisdictions in March of 2020 continue to be updated and refined in response to…more

Coronavirus/COVID-19, Eviction, Financial Distress, Landlords, Moratorium

See all updates »

The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court decision in Moody v. Oregon Community Credit Union

The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance…more

Denial of Benefits, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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President Trump Issues Executive Order on Bulk-Power System Transactions

On Friday, May 1, 2020, President Trump issued an executive order (“EO”) declaring a national emergency with respect to threats to the bulk-power system posed by the unrestricted foreign supply of bulk-power system electric…more

Department of Energy (DOE), Energy Sector, Executive Orders, Trump Administration

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U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden…more

Biden Administration, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

See all updates »

New Executive Order Directs Agencies to Employ Emergency Authority to Expedite Infrastructure and Other Civil Projects

On Thursday, June 4, 2020, President Trump signed an Executive Order (“EO”) directing federal agencies to broadly use their existing emergency authority to shorten permitting timelines for transportation infrastructure, civil…more

Coronavirus/COVID-19, Executive Orders, Infrastructure, Trump Administration

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Stoel Rives Deeply Rooted Podcast - Season 3 Episode 1: Joshua Hanson, President of Small Vineyards, on Adapting to the Ever-Changing Consumer Trends for Alcoholic Beverages

In the recent episode of the Deeply Rooted Podcast, Joshua Hanson, the President of Small Vineyards, shared his thoughts on a variety of topics with Todd Friedman. Small Vineyards, with its emphasis on quality and authenticity,…more

Beverage Manufacturers, Breweries, Distilleries, Liquor, Wine & Alcohol

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Attention Wine Shippers! California’s Bottle Bill Now Applies to Wine

If you are selling wine into California, the chances are that California’s bottle bill now requires your winery to take additional administrative steps, potentially change labels, and make payments to CalRecycle. See below for a…more

California, Environmental Policies, Labeling, New Legislation, Wine & Alcohol

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Endangered Species Act Final Regulatory Revisions Released

The National Marine Fisheries Service (“NMFS”) and the U.S. Fish and Wildlife Service (“USFWS”) (together, the “Services”) have released three final rules related to implementation of the Endangered Species Act (ESA). The rules…more

Critical Habitat, Endangered Species, Endangered Species Act (ESA), ESA Listings, National Marine Fisheries Service

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Lesser-Known Insurance Policies for Addressing Project Risks

Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further allocating…more

Commercial Insurance Policies, Construction Industry, Construction Project, General Contractors, Insurance Industry

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New Federal Rule Banning Noncompetes May Impact Construction Industry

On April 23, the Federal Trade Commission issued Final Rule 16 CFR Part 910 RIN 3084-AB74 banning noncompete clauses nationwide. A noncompete clause or agreement is typically a binding contract that prevents a worker from…more

Construction Industry, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

See all updates »

Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of…more

Department of Agriculture, Food and Drug Administration (FDA), Food Labeling, Nutrition Facts Labels

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Ideas for Planning and Caring for Your Pets upon Incapacity or Death

Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many…more

Beneficiaries, Estate Planning, Guardians, Pet Trusts, Pets

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Filling the Void: 2024 State Privacy Legislation

The prospects for and the effect of a comprehensive federal data privacy act remain uncertain. There are no indications that any comprehensive federal data privacy act will be considered by Congress this year, and questions and…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Idaho Department of Finance Issues Order Exempting Private Fund Advisers from Investment Adviser Registration

On October 19, 2020, the Idaho Department of Finance (the “Department”) issued an order (the “Order”) providing an exemption from Idaho’s investment adviser registration requirements for advisers who provide investment advice…more

Broker-Dealer, Fund Managers, Investment Adviser, Investment Management, Private Funds

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5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months later…more

Arbitration, Arbitrators, Construction Industry, Dispute Resolution, Litigation Strategies

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IRS Announces HSA and HDHP Limits for 2025

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025.  The updated 2025 limits are as…more

Contribution Limits, Employee Benefits, HDHP, Health Savings Accounts, Inflation Adjustments

See all updates »

Alaska Oil & Gas Conservation Commission Proposes Changes to Bond Regulation

The Alaska Oil and Gas Conservation Commission (“AOGCC”) is considering revisions to 20 AAC 25.025 of the Alaska Administrative Code.  One revision would “allow a reduction in the requisite bond amount if an operator…more

Alaska, Energy Sector, Oil & Gas

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Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue

Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors are…more

Business Taxes, Construction Contracts, Construction Industry, Construction Project, General Contractors

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Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

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Minnesota Will Become the Fourth State to Ban All Noncompete Agreements

Minnesota’s new law will take effect on July 1, 2023, prohibiting all noncompete agreements, except those entered during the sale of a business or in anticipation of the dissolution of a business. The law will not apply…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Human Resources Professionals, Non-Compete Agreements

See all updates »

IRS Announces HSA and HDHP Limits for 2025

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025.  The updated 2025 limits are as…more

Contribution Limits, Employee Benefits, HDHP, Health Savings Accounts, Inflation Adjustments

See all updates »

Subleasing: A Real Estate Strategy in a Post-Pandemic Economy

In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Landlords

See all updates »

LIBOR Transition Will Begin to Accelerate as 2021 Approaches

Over the course of the next several months, participants that are actively engaged in project financing will need to begin thinking about how to manage the transition away from the London interbank offer rate (LIBOR, known as…more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

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What Would a 32-Hour Workweek Look Like?

A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek.  While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, Proposed Legislation

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Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

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Navigating Workplace AI Regulations: Labor and Employment Law in the Age of Algorithmic Accountability

Artificial Intelligence (AI) tools are becoming commonplace in workplace. According to Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows, “as many as 83 percent of employers and up to 99 percent of Fortune…more

Artificial Intelligence, Employer Liability Issues, Employment Discrimination, Employment Litigation, Employment Policies

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City of Salem, Oregon Enacts New Payroll Tax

The Salem City Council on July 11, 2023, approved Ordinance Bill No. 12-23, which imposes a new payroll and self-employment tax to fund community safety services. The ordinance imposes tax at a rate of 0.814 percent of an…more

Employer Liability Issues, Income Taxes, Oregon, Payroll Taxes, State and Local Government

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Minnesota Brownfields Soil Reuse Study Identifies Significant Cost-Saving and Carbon Reduction Opportunities

Stoel Rives environmental analyst Steve Heurung was among the co-authors of a Minnesota Brownfields report commissioned by Hennepin County to evaluate the potential for cost savings associated with the off-site reuse of soil at…more

Brownfield Properties, Carbon Emissions, Information Reports, Pollution Control

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CAISO Releases Addendum to Interconnection Process Enhancements Final Proposal Ahead of Board of Governors Meeting

On Thursday, May 9, 2024, the California Independent System Operator (CAISO) issued an addendum to its Interconnection Process Enhancements (IPE) Track 2 Final Proposal, and issued a revised version of that addendum on May 17…more

CAISO, California, California Energy Commission, Energy Commissions, Energy Market

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Corporate Law Alert: Launch of New Oregon Benefit Company Law Produces Record Signups

On January 1, Oregon launched its new benefit company law, becoming the 20th U.S. state to allow the formation of such entities. The launch produced a record-setting response, with 29 registrants signing up for benefit company…more

B Corporation, Benefit Corporations, Choice of Entity, Corporate Social Responsibility, Social Entrepreneurship

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New Reporting Requirements Created by the Corporate Transparency Act

This alert provides a summary of new reporting requirements created by the Corporate Transparency Act (the “CTA”) and associated implementing rules. The CTA is a federal law that requires broad categories of legal entities…more

Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes, FinCEN

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COVID 19 Update: Minnesota’s Ban on Elective Procedures, Providers May Be Compelled to Donate or Sell Medical Equipment

In a previous blog post, Stoel Rives’ health care team discussed orders issued by Washington and Oregon that banned elective procedures in an effort to preserve the states’ supply of certain medical equipment. Minnesota has…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Risk Management

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USPTO Guidance Establishes Principles for Human Inventorship of AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Guidance this week on how to evaluate patent inventorship when technology is developed using artificial intelligence (AI) systems, including generative AI. Companies developing…more

Artificial Intelligence, Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board

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Tax Actions by the Alaska Legislature in 2022

In my most recent column for State Tax Notes, I look at several bills that did and didn’t pass in the latest session of the Alaska State Legislature, which adjourned in May, and at what may be on the horizon…more

Alaska, Business Taxes, Corporate Taxes, Income Taxes, Legislative Agendas

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Solving Healthcare Staffing by Fiat: Oregon and Washington Take Different Approaches

More than three years after the COVID-19 pandemic began, many healthcare institutions continue to have difficulty fully staffing all their facilities.  In response, both the Oregon and Washington legislatures enacted new laws…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Workers, Hospitals

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Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue

Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors are…more

Business Taxes, Construction Contracts, Construction Industry, Construction Project, General Contractors

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FERC issues Final Rule on Improvements to Generator Interconnection Procedures and Agreements

At the July 27, 2023, Open Meeting, the Federal Energy Regulatory Commission (FERC) issued long-awaited Order No. 2023, the Final Rule on Improvements to Generator Interconnection Procedures and Agreements in Docket No…more

Electricity, Energy Sector, FERC, Power Companies, Public Utility

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FTC and DOJ Resume Granting Early Termination of the HSR Waiting Period

In the wake of COVID-19 and the mass telework directives, the Premerger Notification Office of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) instituted a temporary e-filing…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), E-Filing, Federal Trade Commission (FTC)

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Attention Wine Shippers! California’s Bottle Bill Now Applies to Wine

If you are selling wine into California, the chances are that California’s bottle bill now requires your winery to take additional administrative steps, potentially change labels, and make payments to CalRecycle. See below for a…more

California, Environmental Policies, Labeling, New Legislation, Wine & Alcohol

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$1.65 Million “Advisory” Jury Award in Idaho Employment Case

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

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Prop 65 Changes Coming That Could Cause Headaches For Businesses

If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a chemical…more

Amended Regulation, California, Manufacturers, OEHHA, Proposition 65

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Ideas for Planning and Caring for Your Pets upon Incapacity or Death

Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many…more

Beneficiaries, Estate Planning, Guardians, Pet Trusts, Pets

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Part 2 Amendments Facilitate Care Coordination Activities of Substance Use Disorder Treatment Programs

On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) made substantial changes to the permitted uses and disclosures of substance use disorder (SUD) records for programs covered by 42 C.F.R…more

Health Care Providers, SAMHSA, Substance Abuse

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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters

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EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

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

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Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers…more

Commercial Leases, Contract Terms, Eviction, ID Supreme Court, Landlords

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Water Law Alert: California State Water Resources Control Board Modifies Annual Water Diversion and Use Reporting Deadlines for 2022 and Updates on Drought Curtailment Orders

Modified Annual Water Diversion and Use Reporting Deadlines On September 23, 2021, Governor Newsom signed Senate Bill (“SB”) 115 into law, modifying the deadline and reporting period for annual water diversion and use reporting…more

California, Department of Water Resources, Groundwater, Groundwater Management Plan, Water

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ERISA Litigation Update: ERISA Fiduciary Duty of Prudence: Fees and Monitoring Investment Options

Briefed - - Lawsuits targeting ERISA fiduciaries and sponsors are skyrocketing. - A recent SCOTUS decision confirmed duty of prudence requires the fiduciary to monitor plan investment options and remove imprudent…more

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

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What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees.  Read more below for further updates…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

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Main Street Lending Program Goes Live: Eligible Borrowers Can Apply Now, Relief for Non-Profits Is in Sight

The Federal Reserve Bank of Boston (“FRBB”) announced that the Main Street Lending Program (the “Program”) established by the Federal Reserve Board (the “Fed”) is operational as of July 6, 2020. To obtain a Program loan,…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Nonprofits, U.S. Treasury

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New Bill Exempts Real Estate Excise Tax for Real Property Sales or Transfers for Affordable Housing

The Washington legislature recently passed a bill expanding affordable housing tax exemptions. HB 1643 was signed into law by Governor Inslee on March 30, 2022 and will exempt from the real estate excise tax a sale or transfer…more

Affordable Housing, Construction Industry, Excise Tax, Housing Developers, Real Estate Development

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Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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Solving Healthcare Staffing by Fiat: Oregon and Washington Take Different Approaches

More than three years after the COVID-19 pandemic began, many healthcare institutions continue to have difficulty fully staffing all their facilities.  In response, both the Oregon and Washington legislatures enacted new laws…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Workers, Hospitals

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China’s Renewable Policy Shift and its Global Implications

On June 1, 2018, only two days after the completion of 12th SNEC International Photovoltaic Power Generation Conference, the world’s biggest solar conference and a central gathering of all the Chinese PV manufacturers, the…more

China, Climate Change, Energy Policy, Energy Projects, Renewable Energy

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BOEM Launches Process for Offshore Wind Leasing in Oregon

Today, Bureau of Ocean Energy Management (BOEM) Director Amanda Lefton announced a Call for Information and Nominations (Call) to assess commercial interest in potential offshore wind leasing within two areas off the Oregon…more

BOEM, Clean Energy, Energy Projects, Energy Sector, Offshore Lease

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DOE Announces 7 Hydrogen Hubs Eligible for $7 Billion in Funding

On October 13, 2023, the United States Department of Energy (“DOE”) announced seven proposals from around the country selected to enter negotiations to receive funding under the DOE’s Regional Clean Hydrogen Hubs (“H2Hubs”)…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Energy Storage

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President Trump Issues Executive Order on Bulk-Power System Transactions

On Friday, May 1, 2020, President Trump issued an executive order (“EO”) declaring a national emergency with respect to threats to the bulk-power system posed by the unrestricted foreign supply of bulk-power system electric…more

Department of Energy (DOE), Energy Sector, Executive Orders, Trump Administration

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New Bill Exempts Real Estate Excise Tax for Real Property Sales or Transfers for Affordable Housing

The Washington legislature recently passed a bill expanding affordable housing tax exemptions. HB 1643 was signed into law by Governor Inslee on March 30, 2022 and will exempt from the real estate excise tax a sale or transfer…more

Affordable Housing, Construction Industry, Excise Tax, Housing Developers, Real Estate Development

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EPA Issues Final Rule Requiring Companies That Manufacture or Import Products Containing PFAS to Report Under TSCA

On October 11, 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to submit a one-time report containing…more

Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One became…more

Affordable Housing, Child Care, Common-Interest Communities, Condominiums, Homeowners Association (HOA)

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SEC Stays Its Climate Disclosure Rules

On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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California Public Utilities Commission Implements New Prevailing Wage Requirements for Large NEM Projects Seeking to Interconnect After December 31, 2023

On November 16, the California Public Utilities Commission (Commission) voted to adopt a decision resolving the remaining issues in the Net Energy Metering (NEM) proceeding.  The decision, issued on November 22 as D.23-11-068,…more

California, Clean Energy, Energy Sector, Prevailing Wages, Renewable Energy

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Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal…more

Conflicts of Interest, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the…more

CFIUS, China, Divestiture, Foreign Investment, Manufacturers

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Bree Metherall of Stoel Rives LLP on the importance of asking "why?" in legal business development - Passle's CMO Series

The legal industry is built on precedent. It's important for firms, and for Business Development professionals in particular, to challenge the established ways of doing things if there are better options available. This week's…more

Business Development, Law Practice Management, Marketing Perspectives

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Filling the Void: 2024 State Privacy Legislation

The prospects for and the effect of a comprehensive federal data privacy act remain uncertain. There are no indications that any comprehensive federal data privacy act will be considered by Congress this year, and questions and…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Stoel Rives | Deeply Rooted Podcast S2E3: The Intersection Between Alcohol and Agriculture with Jess Thomas, co-founder of SOGOOD Saké

In the latest episode of the Stoel Rives | Deeply Rooted Podcast, Jess Thomas, co-founder of SOGOOD Saké, joined Claire Mitchell, food and beverage attorney for Stoel Rives LLP, to discuss the intersection between alcohol and…more

Compliance, New Regulations, Wine & Alcohol

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U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Governments

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Alaska Proposes New Surface Coal Mining Regulations

The Alaska Department of Natural Resources (DNR) has issued a notice of proposed amendments to the regulations regarding surface coal mining in Title 11 of the Alaska Administrative Code (AAC)…more

Alaska, Coal Industry, Coal Mines, Comment Period, Natural Resources

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The Confidentiality (Or Not) Of Cyber-Forensics In A Data Breach

Data breaches are on the rise.  So are the lawsuits that follow.  This has led to an environment where cyber-forensics service providers are more important than ever.  Clients seeking these services, however, often do so after…more

Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity, Data Breach

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Minnesota Court of Appeals Handles Supreme Court Remand by Deferring to MPUC’s Findings on Gas Plant Need

As a follow up to our post here, the Minnesota Court of Appeals issued a decision on August 23 affirming the MPUC’s decisions related to the Nemadji Trail Energy Center natural gas plant (NTEC) that will be constructed in…more

Appeals, Energy Sector, Environmental Impact Report (EIR), Environmental Policies, MN Supreme Court

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New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered…more

Amended Regulation, Critical Habitat, Endangered Species Act (ESA), National Marine Fisheries Service, US Fish and Wildlife Service

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Washington to Reinstate Indoor Mask Mandate and Require Proof of Vaccination of Certain Workers

Mask Mandate - Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five.  Masks will not be required for…more

Coronavirus/COVID-19, Educational Institutions, Healthcare Workers, Infectious Diseases, Masks

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A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of…more

Construction Industry, Construction Project, General Contractors, Independent Contractors, Land Developers

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California CCAs, including San Diego Community Power, Receive Proposed Decision for 2019 RPS Plan

On August 19, the California Public Utilities Commission (CPUC) issued a proposed decision accepting the 2019 Renewables Portfolio Standard Procurement Plans submitted by four new Community Choice Aggregators (CCAs): Butte…more

California, CPUC, Energy Sector, Renewable Energy, Solar Energy

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EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

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

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U.S. Supreme Court Upholds State Court Jurisdiction for State Law Cleanup Claim but Affirms EPA Authority Over Remedial Actions at Superfund Sites

On April 20, 2020, in Atlantic Richfield v. Christian, the U.S. Supreme Court held that Montana landowners can seek damages under state law in state court for money to clean up their properties within a Superfund site. But the…more

Contaminated Properties, Environmental Protection Agency (EPA), Hazardous Substances, Superfund

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Can Artificial Intelligence Be Trusted to Draft a Construction Contract?

If you ask one of the leading artificial intelligence (AI) chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than…more

Artificial Intelligence, Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation

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Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers…more

Commercial Leases, Contract Terms, Eviction, ID Supreme Court, Landlords

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Main Street Lending Program Goes Live: Eligible Borrowers Can Apply Now, Relief for Non-Profits Is in Sight

The Federal Reserve Bank of Boston (“FRBB”) announced that the Main Street Lending Program (the “Program”) established by the Federal Reserve Board (the “Fed”) is operational as of July 6, 2020. To obtain a Program loan,…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Nonprofits, U.S. Treasury

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Federal Energy Regulatory Commission Issues Long-Awaited Transmission Planning and Cost Allocation Final Rule

On May 13, 2024, at a special transmission reform meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920 “Building for the Future Through Electric Regional Transmission Planning and Cost…more

Electricity, Energy Sector, FERC, Notice of Proposed Rulemaking (NOPR), Power Companies

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Solving Healthcare Staffing by Fiat: Oregon and Washington Take Different Approaches

More than three years after the COVID-19 pandemic began, many healthcare institutions continue to have difficulty fully staffing all their facilities.  In response, both the Oregon and Washington legislatures enacted new laws…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Workers, Hospitals

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Paid Leave Oregon and OFLA Update: Senate Bill 999 Will Require Use of a “Rolling Forward” Leave Year, Align the Definition of “Family Member,” and Alleviate “Leave Stacking” Concerns

Senate Bill 999, designed to align Paid Leave Oregon (PLO) with the Oregon Family Leave Act (OFLA), passed the Oregon Legislature on June 1, 2023, and is expected to be signed by Governor Kotek shortly. The bill makes the…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, New Legislation

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Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.

Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice. An…more

Construction Contracts, Construction Industry, Construction Liens, Construction Project, Contractors

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Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications

In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other…more

Community Property, Departments of Commerce, Energy Projects, Green Energy, Renewable Energy

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Economic Development Law Alert: Idaho Targets Job Creation With New Refundable State Income Tax Credit for Business

Job creation efforts in Idaho received a boost earlier this month, when a new refundable state income tax credit for new or existing businesses went into effect. The Idaho Reimbursement Incentive Act creates a tax credit that is…more

Full-Time Employees, Job Creation, Prevailing Wages, State Taxes, Tax Incentives

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$1.65 Million “Advisory” Jury Award in Idaho Employment Case

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

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Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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FERC Proposes Broad Reforms to Interconnection Process

At its June 16, 2022, open meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of proposed rulemaking (NOPR), Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶…more

Electricity, Energy Market, Energy Reform, Energy Sector, Energy Storage

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Just Around the Corner: The Utah Consumer Privacy Act ("UCPA")

2023 has seen a flurry of general state privacy laws, with twelve (12) such laws now on the books.  The next one to “go live,” on December 31, 2023, is the Utah Consumer Privacy Act (UCPA).  With no general federal privacy law…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Treasury Provides New Safe Harbor for Domestic Content Bonus Credit

The U.S. Department of the Treasury (Treasury) today released Notice 2024-41, Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38…more

Energy Projects, Energy Sector, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Updated Face Covering Guidance for Oregon Businesses

Oregon Governor Kate Brown issued an order this week making her earlier Mask, Face Shield, and Face Covering Guidance applicable statewide effective July 1, 2020.  Although the media has generally described the guidance as…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment, Re-Opening Guidelines

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Oregon Extends Foreclosure Moratorium and Restrictions for Secured Lenders until December 31, 2020

On June 30, 2020, the State of Oregon enacted House Bill 4204 (the “Bill”) establishing a temporary commercial and residential foreclosure moratorium and other lender restrictions during an “emergency period” extending from…more

Coronavirus/COVID-19, Executive Orders, Foreclosure, Kate Brown, Lenders

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National Park Service Regulations Do Not Apply to Inholdings in Alaska

Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general…more

ANILCA, Exemptions, Lack of Authority, National Park Service, Navigable Waters

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We Have to Know What We're Doing, Because They Don't Always Get It

Let me tell you about an experience I had with a Labor Department lawyer earlier this month. It was one of those experiences that made me realize how important it is for those of us in the mining industry to have a good working…more

Coal Industry, Health and Safety, Mine Act, Mine Safety and Health Administration (MSHA), Mining

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Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications

In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other…more

Community Property, Departments of Commerce, Energy Projects, Green Energy, Renewable Energy

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In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste Collection System

In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding…more

City Charters, Local Ordinance, MN Supreme Court, Municipalities, Preemption

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Water Law Alert: California State Water Resources Control Board Modifies Annual Water Diversion and Use Reporting Deadlines for 2022 and Updates on Drought Curtailment Orders

Modified Annual Water Diversion and Use Reporting Deadlines On September 23, 2021, Governor Newsom signed Senate Bill (“SB”) 115 into law, modifying the deadline and reporting period for annual water diversion and use reporting…more

California, Department of Water Resources, Groundwater, Groundwater Management Plan, Water

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Washington Supreme Court Unanimously Rejects the Apex Doctrine

In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to…more

Apex Doctrine, Banking Sector, C-Suite Executives, CEOs, Corporate Executives

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Idaho Supreme Court Update: The Court’s Original Jurisdiction Is Limited, But The Legislature’s Regulation Of Executive Rulemaking Is Not

On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction to…more

Administrative Procedure Act, Appeals, Declaratory Judgment Act, ID Supreme Court, Jurisdiction

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Litigation Alert: Washington Supreme Court Confirms Standard for Injunctive Relief in Public Records Act Cases

In Lyft, Inc. v. City of Seattle, the Washington Supreme Court found that the proper standard for injunctive relief under the Public Records Act (PRA) is the standard outlined in RCW 42.56.540, which is stricter than the…more

Confidential Information, Injunctive Relief, Lyft, Prudential Regulation Authority (PRA), Public Records

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Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden…more

Biden Administration, CEQ, Comment Period, Environmental Assessments, Environmental Impact Report (EIR)

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Department of Health (“DOH”) Has Issued Material Updates to Rules Governing Coordinated Quality Improvement Program (“CQIP”) Approval

Many health care entities took a “set it and forget it” approach to their CQIPs once the CQIPs were approved by DOH under regulations adopted in 2006.  Beginning tomorrow, such entities will need to reconsider their approach. …more

Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Hospitals, Peer Review

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Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle…more

Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings, US Fish and Wildlife Service

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On Notice: Why Notice and Claim Procedures in Construction Contracts Matter

Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions are…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Time to Remove Salary History from Job Applications

Starting this Friday, October 6, employers in Oregon can no longer ask job applicants about their salary history. As part of the Equal Pay Act that Oregon enacted earlier this year, prohibiting questions about salary history is…more

Employer Liability Issues, Equal Pay Act, Hiring & Firing, New Regulations, Salary/Wage History

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The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose.  While the local government has “substantial authority to regulate land…more

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

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What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees.  Read more below for further updates…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

See all updates »

Affordable Housing Law Alert: Revival of the Density Bonus Law – Affordable Housing to the Rescue?

Since the onset of COVID-19, the global landscape has been turned upside down, bringing to light various social issues that have long been plaguing various communities throughout the country. Social issues such as unemployment,…more

Affordable Housing, Coronavirus/COVID-19, Eviction, HUD, Low-Income Issues

See all updates »

The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court decision in Moody v. Oregon Community Credit Union

The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance…more

Denial of Benefits, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

See all updates »

COVID-19 Update: Round 2 of the Paycheck Protection Program

The Act provides - - $310 billion in additional Small Business Administration (SBA) loan guarantee authority under the Paycheck Protection Program (PPP); - $100 billion in additional funding for the Department of Health…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

See all updates »

Deeply Rooted Podcast S2E1: Growing a Community-Focused Brand During a Pandemic with Katie Poppe, Co-founder and CEO of Blue Star Donuts

In the season two premiere of the Stoel Rives | Deeply Rooted Podcast, Katie Poppe, Co-Founder and CEO of Blue Star Donuts, and Kristin Russell, a finance attorney and member of Stoel Rives' agribusiness, food, beverage and…more

Brand, Business Development, Sustainability

See all updates »

How an Am Law 200 Firm is Working Towards Solutions to 2020’s Challenges with Jeremy Sacks: On Record PR

How is one Am Law 200 firm working towards solutions to the hardships small businesses are facing in 2020? Join us as guest host and Furia Rubel Public Relations Account Director, Caitlan McCafferty, goes on record with…more

Business Interruption, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction

See all updates »

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding Interagency Consultation, Threatened Species, and Critical Habitat

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act…more

Biden Administration, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

See all updates »

What Would a 32-Hour Workweek Look Like?

A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek.  While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, Proposed Legislation

See all updates »

The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose.  While the local government has “substantial authority to regulate land…more

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

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SEC Stays Its Climate Disclosure Rules

On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Clients Living Outside of Oregon and Washington With Real Property In-State Should Consider Holding via an LLC

Many clients, as well as their advisors, are unaware of how the Washington and Oregon estate tax systems work with respect to real and tangible personal property owned in these states by people domiciled elsewhere. In both…more

Estate Tax, Limited Liability Company (LLC), Oregon, Property Owners, Property Tax

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New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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Federal Appeals Court Affirms NLRB Decision Requiring Employer to Reinstate Employee Who Wrote “Whore Board” on Mandatory Overtime Sign-Up Sheet

The United States Court of Appeals for the District of Columbia Circuit recently affirmed a National Labor Relations Board (“NLRB”) decision requiring an employer to reinstate an employee whom it terminated after he wrote “whore…more

Employer Liability Issues, Employment Policies, Hiring & Firing, Human Resources Professionals, NLRA

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California’s New Climate-Related Disclosure Laws

California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks.  Senate Bill (SB) 253, the Climate Corporate Data Accountability Act, expands…more

California, Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Alaska Legislature Allows Corporations to Conduct Business by Remote Communication

The Alaska Legislature has passed Senate Bill 24, which allows business entities to hold meetings and conduct business by “remote communication.” On March 22, it initiated sending the Bill to the Governor, who is expected to…more

Alaska, Electronic Communications, Proxy Voting Guidelines, State and Local Government, State Labor Laws

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OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another, Similar Facility?

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It is…more

Assessment, Best Practices, Employer Liability Issues, Health & Safety Standard, Manufacturing Facilities

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COVID-19’s Potential Impact on Contracts -- Force Majeure and Related Concepts

With the global spread of COVID-19, businesses face challenges few have previously experienced. Many are grappling with the question, “What should we do when a business partner does not perform under a contract because of the…more

Breach of Contract, Business Interruption, Construction Industry, Contract Terms, Coronavirus/COVID-19

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USPTO Guidance Establishes Principles for Human Inventorship of AI-Assisted Inventions

The U.S. Patent and Trademark Office (USPTO) issued Guidance this week on how to evaluate patent inventorship when technology is developed using artificial intelligence (AI) systems, including generative AI. Companies developing…more

Artificial Intelligence, Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board

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New Legislation Authorizes Oregon Energy Facility Siting Council to Certify Standalone Battery Energy Storage Systems but Stops Short of Including Clear Land Use Approval Pathway

The Oregon Energy Facility Siting Council (EFSC) oversees the siting of large-scale energy facilities like wind and solar power projects, which often include an associated Battery Energy Storage System (BESS). BESS is a critical…more

Batteries, Clean Energy, Electricity, Energy Projects, Energy Sector

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U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding Interagency Consultation, Threatened Species, and Critical Habitat

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act…more

Biden Administration, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

See all updates »

Treasury Provides New Safe Harbor for Domestic Content Bonus Credit

The U.S. Department of the Treasury (Treasury) today released Notice 2024-41, Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38…more

Energy Projects, Energy Sector, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood…more

Historic Preservation, Historical Landmarks, National Historic Preservation Act, National Park Service, Native American Issues

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Certain Patent- and Trademark-Related Deadlines Extended Under CARES Act

In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the U.S. Patent and Trademark Office (USPTO) released notices extending patent- and trademark-related timing deadlines…more

CARES Act, Coronavirus/COVID-19, Patents, Trademarks, USPTO

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Governor Kotek Signs New Law Amending Oregon Leave Laws

On March 21, 2024, Oregon Governor Tina Kotek signed into law Senate Bill 1515, amending the Oregon Family Leave Act (“OFLA”) and the Paid Leave Oregon program (“PLO”). The bill is intended to better align the OFLA and PLO. …more

Employee Benefits, Employees, Family Medical Leave, Human Resources Professionals, Oregon

See all updates »

EUA Status Does Not Prohibit Employers from Requiring the COVID Vaccine; Seven Factors for Employers to Consider When Considering a Mandatory Vaccination Policy

While many employers initially were hesitant to institute mandatory COVID vaccinations, the recent surge driven by the Delta variant and announcements from large organizations—including the U.S. military, United Airlines, and…more

Coronavirus/COVID-19, Department of Justice (DOJ), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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EPA Issues Final Rule Requiring Companies That Manufacture or Import Products Containing PFAS to Report Under TSCA

On October 11, 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to submit a one-time report containing…more

Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Alaska Legislature Allows Corporations to Conduct Business by Remote Communication

The Alaska Legislature has passed Senate Bill 24, which allows business entities to hold meetings and conduct business by “remote communication.” On March 22, it initiated sending the Bill to the Governor, who is expected to…more

Alaska, Electronic Communications, Proxy Voting Guidelines, State and Local Government, State Labor Laws

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4 Ways Employers Can Provide Financial Support to Employees

In the wake of the COVID-19 pandemic, many employers are searching for ways to support their employees in light of the financial hardships caused by the pandemic and the related quarantine. This alert summarizes four ways in…more

Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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Prop 65 Changes Coming That Could Cause Headaches For Businesses

If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a chemical…more

Amended Regulation, California, Manufacturers, OEHHA, Proposition 65

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Washington Supreme Court Unanimously Rejects the Apex Doctrine

In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to…more

Apex Doctrine, Banking Sector, C-Suite Executives, CEOs, Corporate Executives

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Oregon and Washington Governors Announce Plans to Revise Mask and Distancing Requirements in the Wake of Updated CDC Guidance

As we wrote about here, the Centers for Disease Control and Prevention (“CDC”) announced yesterday that fully vaccinated individuals can resume normal day-to-day activities without wearing masks or socially distancing. Hours…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding Interagency Consultation, Threatened Species, and Critical Habitat

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act…more

Biden Administration, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

See all updates »

Don’t let Cyber Insurance be Your Cybersecurity Plan

In a recent letter to insurers, the New York State Department of Financial Services (“NYDFS”) acknowledged the key role cyber insurance plays in managing and reducing cyber risk – while also warning insurers that they could be…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

See all updates »

Supreme Court Finds Patent Damages Recoverable on Some Foreign Sales

On Friday (June 22, 2018), the U.S. Supreme Court ruled that a patent owner can recover lost profits resulting from the infringing export of components of a patented product assembled and sold in another country. The decision in…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Attention NSR Geeks: EPA Clarifies Applicability Approach

On December 7, 2017, EPA administrator Scott Pruitt announced an approach to New Source Review (NSR) applicability that supports presidential priorities for streamlining permit requirements: “New Source Review Preconstruction…more

Environmental Protection Agency (EPA), New Guidance, Permits, Regulatory Reform

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The Only Bi-Partisan Show in D.C.: The U.S. Supreme Court Issues a Decisive Opinion Concerning TCPA Liability in Facebook, Inc. v. Duguid, et al.

In a widely anticipated ruling, the U.S. Supreme Court today ruled that just because a business has calling technology that has the capacity to store and dial multiple numbers – such as a cell phone — does not automatically…more

ATDS, Auto-Dialed Calls, Data Storage, Facebook, Facebook Inc v Duguid

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The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court decision in Moody v. Oregon Community Credit Union

The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance…more

Denial of Benefits, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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