Author Info for Davis Wright Tremaine LLP

Dylan Adams

Is Software Patentable?

The short answer is "no, but yes." This post explains why and illuminates how software, apps, and computer-related products can be protected by patents. Asking and Answering the Right Question - When people ask "is software…more

Inventors, Mobile Apps, Patent-Eligible Subject Matter, Patents, Software

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Scott Adams

DABUS Will Need to Wait—U.S. District Court Affirms USPTO's Denial of AI System as Inventor

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for…more

Artificial Intelligence, Inventors, Patents, USPTO

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Joseph Addiego III

Recurring Online Subscriptions Face a New Arbitration Standard in California

In a case of first impression, the California Court of Appeal, Fourth District (San Diego), considered "under what circumstances a 'sign-in wrap' agreement … is valid and enforceable" between consumers and online companies that…more

Arbitration, Automatic Renewals, Consumer Contracts, Contract Terms, Online Contracts

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Elaine Albrich

DOE Working Toward a More Efficient Permitting Review Process for Transmission Projects

It's a no-brainer that we need to modernize the grid to tap the potential of renewable energy and the electrification transition as well as maintain reliability and resilience in the face of extreme weather conditions. Major…more

Department of Energy (DOE), Notice of Proposed Rulemaking (NOPR), Permits, Proposed Rules, Renewable Energy

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Anastasia Alen

California Legislates New Rules for Firearm and Production Set Safety | Insights

The tragic death of cinematographer Halyna Hutchins on the set of "Rust" in October 2021 led studios and labor representatives to immediately commence negotiations with respect to safety protocols on film and television sets. On…more

Cal-OSHA, Enforcement, Firearms, Motion Picture Industry, New Legislation

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Darby Allen

CMS Finalizes Changes to the Medicare Parts A and B Overpayment Rule

In the Calendar Year 2025 Medicare Physician Fee Schedule, the Centers for Medicare & Medicaid Services (CMS) finalized changes to the Medicare Parts A and B Overpayment Rule that were proposed in two prior rulemakings. This…more

Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Final Rules, Liability, Medicare Part A

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MaryAnn Almeida

What the Supreme Court's Mallory Ruling Means for Businesses

On Tuesday, the U.S. Supreme Court resurrected the consent-by-registration theory of personal jurisdiction. Under the Court's decision in Mallory v. Norfolk Southern Railway Co., a state can require out-of-state businesses to…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Sarah Ames Benedict

Supreme Court Clarifies Standard for Undue Hardship for Religious Accommodations

Employers must consider a new, more rigorous standard before concluding that a proposed accommodation for a religious belief or practice presents a new hardship, following the U.S. Supreme Court's ruling in Groff v. DeJoy. No…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Michaela Bantilan Andrawis

Information Blocking Enforcement Is Here – Are You Ready?

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced its final rule (the Enforcement Rule) implementing the information blocking penalties created by the 21st Century Cures Act that…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

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Mark Anishchenko

Anything But Routine: New UnitedHealthcare Line-Item Denial Process May Significantly Impact Hospital Reimbursement

UnitedHealthcare recently announced that it will implement a process effective December 1, 2024, under which United may deny charges for inpatient and outpatient facility services that United considers "routine."…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Reimbursements

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Maria Arakelian

California Makes It Easier for Employees to Recover on Whistleblower Retaliation Claims

In Lawson v. PPG Architectural Finishes, Inc., a unanimous California Supreme Court strengthened whistleblower protections in the state by holding that whistleblower claims brought by an employee (or former employee) are to be…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Retaliation, Whistleblowers

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Assaf Ariely

DOJ Issues Guidance on Foreign Data Access Rule, Announces Conditional 90-Day Enforcement Pause for "Good Faith Efforts"

The Department of Justice (DOJ) has issued guidance on its recently effective rule targeting foreign adversaries that "use commercial activities to access, exploit, and weaponize U.S. Government-related data and Americans' bulk…more

Biden Administration, Compliance, Data Security, Department of Justice (DOJ), Enforcement Actions

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Allexia Arnold

ASBCA Lays Out Rules of Contract Interpretation at Summary Judgment

The standard for summary judgment is well-settled in federal litigation: construing all facts in the light most favorable to the non-moving party, summary judgment is properly granted only when there are no genuine issues of…more

Armed Services Board of Contract Appeals, Federal Acquisition Regulations (FAR), Federal Contractors, Summary Judgment

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Sean Atkins

Divided FERC Adopts Landmark Transmission Planning and Cost Allocation Final Rule

At a special open meeting held on May 13, 2024, the Federal Energy Regulatory Commission ("FERC" or "Commission") approved, by a 2-1 vote, a final rule reforming transmission planning and cost allocation requirements. The final…more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance, Construction Industry, FERC, Final Rules

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Amit Aulakh

First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under…more

Compliance, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumers, Data Privacy

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Patrick Austin

HHS Reveals Strategy for Addressing Healthcare Sector Cybersecurity

The U.S. Department of Health and Human Services ("HHS") issued a concept paper describing its overarching strategy to address healthcare cybersecurity. The concept paper builds on the Biden-Harris Administration's National…more

Cybersecurity, Department of Health and Human Services (HHS), Enforcement, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Nimra Azmi

Project W: Q&A with Nimra Azmi

As a media litigator at Davis Wright Tremaine, Nimra Azmi knows the power of words. Nimra uses words to tell the stories of powerful Muslim women and to share the beauty and complexity of Islamic culture in her debut novel Every…more

Diversity, Heritage & Culture

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Kraig Marini Baker

PRC Regulation on Internet-Based Live Broadcasting Businesses

On Sept. 2, 2016, the General Administration of Press Publication Radio, Film and Television of the People’s Republic of China (the “GAPP”) released the Circular on Several Issues for Strengthening the Administration of…more

Broadcasting, China, Live Streaming

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Robert Balin

Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit Deepfakes

In the Empire State, the right of publicity remains alive and well—including (soon) for celebrities who are, well, no longer alive. New York has expanded its nearly 120-year old statutory regime to provide a post-mortem right of…more

Celebrities, Commercial Use, Deceased, Deep Fake, Governor Cuomo

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Louisa Barash

[Webinar] AI, Big Data, and Cloud Conference - November 17th, 12:00 pm - 2:45 pm PT

Please join us for our annual exploration of cutting-edge legal, business, and technology issues in Artificial Intelligence, Big Data and the Cloud as these sectors become the most active and important for technology law and…more

Artificial Intelligence, Big Data, Biometric Information, California Consumer Privacy Act (CCPA), Cloud Service Providers (CSPs)

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John Barnes

Anything But Routine: New UnitedHealthcare Line-Item Denial Process May Significantly Impact Hospital Reimbursement

UnitedHealthcare recently announced that it will implement a process effective December 1, 2024, under which United may deny charges for inpatient and outpatient facility services that United considers "routine."…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Reimbursements

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Mohamed Barry

[Webinar] Second Annual Employment Services Seminar for Washington Metro Clients - November 19th, 10:00 am - 1:15 pm ET

Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!…more

Artificial Intelligence, Bias, Continuing Legal Education, Employee Mobility, Employer Liability Issues

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Mark Bartlett

DOJ Announces Tougher Stance on Corporate Criminal Enforcement

On October 28, 2021, Deputy Attorney General Lisa Monaco announced new policies from the U.S. Department of Justice (DOJ) related to corporate and white-collar enforcement actions. Based on these new DOJ policies, corporations…more

Compliance, Criminal Investigations, Department of Justice (DOJ), Enforcement Actions, White Collar Crimes

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Patrick Basinski

State of Commercial AI Contracts – Software, Cloud Services, and Beyond . . .

While most are not as newsworthy as AI that summons your car or delivers your package, AI services are already widely used behind the scenes by businesses worldwide…more

Artificial Intelligence, Cloud Computing, Technology Sector

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Emily Baum

Project W: Cage the Rage – Going from Anger to Action

To choose to become a startup founder, they say you have to be a little bit crazy. As a former founder myself and an advocate for entrepreneurs, I like to think it's a good kind of crazy. To go out on a limb and start a startup,…more

Bias, Early Stage Companies, Economic Downturn, Entrepreneurs, Investors

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Samuel Bayard

Sixth Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” is Protected Opinion

In a helpful decision for online publishers of rankings and ratings, the Sixth Circuit Court of Appeals held that a travel website’s annual top-ten list of the dirtiest hotels in the United States, based on data compiled from…more

First Amendment, Free Speech, Hotels, TripAdvisor

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Jeff Belfiglio

SECURE and CARES Amendments Deadline Postponed But Plans Should Still Review Year-End Needs

When the SECURE Act was passed in late 2019 and the CARES Act in Spring 2020, retirement plans were expected to adopt appropriate amendments by the end of 2022. While the IRS in Notice 2022-33 and Notice 2022-45 extended the…more

CARES Act, Employee Benefits, IRS, Required Minimum Distributions, Retirement Plan

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Zachary Bench

Converting Your Family Business Entity: Why Convert?

Contrary to popular belief, the legal structure of your business is not permanent and can change to meet the needs of your evolving family business. Your family business's legal structure plays a role in determining your tax…more

Choice of Entity, Corporate Governance, Family Businesses, Partnerships, Sole Proprietorship

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Ella Beres

Writing on a New SLATE – DWT's FINRA Expertise

The SEC's Rule 10c-1a now mandates the reporting of securities loans, marking a significant regulatory shift. Potential challenges in implementing SLATE, including the need for possible adjustments to data dissemination…more

Compliance, Disclosure Requirements, Financial Industry Regulatory Authority (FINRA), Financial Services Industry, Regulatory Requirements

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Larry Bergmann

Writing on a New SLATE – DWT's FINRA Expertise

The SEC's Rule 10c-1a now mandates the reporting of securities loans, marking a significant regulatory shift. Potential challenges in implementing SLATE, including the need for possible adjustments to data dissemination…more

Compliance, Disclosure Requirements, Financial Industry Regulatory Authority (FINRA), Financial Services Industry, Regulatory Requirements

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Carol Bernick

Oregon Health Authority's COVID-19 Vaccine Rule for Healthcare Providers and Staff

Effective September 30, 2021, a new rule issued by the Oregon Health Authority (OHA) will require either 1) proof of vaccination or 2) weekly COVID-19 testing for all "Healthcare Providers" and "Healthcare Staff" working in any…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Workers, Vaccinations, Workplace Safety

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Kate Berry

FTC Articulates Consumer Privacy Concerns – Potential Misuse of Biometric Information and Technologies

On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and data…more

Biometric Information, Data Collection, Data Security, Deep Fake, Facial Recognition Technology

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Mark Berry

Washington Employers Soon Must Describe Salary Ranges and Benefits in Job Postings

Beginning on January 1, 2023, Washington employers with 15 or more employees must include salary ranges and a general description of "all of the benefits and other compensation to be offered" in all job postings. This new…more

Employer Liability Issues, Job Ads, Posting Requirements, State Labor Laws, Wage and Hour

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Richard Birmingham

How Does the Demise of Chevron Deference Affect Employee Benefit Plans and ERISA Regulatory Actions and Litigation?

Since 1984, citation to Chevron v. Natural Resources Defense Council ("Chevron") has meant that courts should defer to an agency's interpretations of an ambiguous statute—as long as the agency's interpretation is "reasonable,"…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Class Action, Corner Post Inc v Board of Governors of the Federal Reserve System

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Katherine Bolger

SCOTUS Limits Reach of Computer Fraud and Abuse Act: Nefarious Reasons Are Not Enough for Criminal Liability

Last week, the U.S. Supreme Court resolved an important question about the meaning of provisions prohibiting "unauthorized access" or "exceeding authorized access" to computer systems and databases under the Computer Fraud and…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Andrew Bond

Delaware Formally Adopts Proposed Statutory Amendments Governing Mergers Following the Completion of a Tender Offer

The governor of Delaware recently signed into law previously proposed amendments to Section 251(h) of the Delaware General Corporation Law (“DGCL”), which make Section 251(h) more accessible to deal parties by..…more

Delaware General Corporation Law, Merger Agreements, New Amendments, Shareholders, Stocks

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Max Bonici

Reg Reform Update – Financial Regulations To Be Clarified or Repealed

While tariff policy has captured headlines, four recent regulatory reform policy developments are nevertheless significant for the financial services industry. These developments are tied to increasing presidential control over…more

Administrative Procedure Act, Banks, Cryptocurrency, Department of Justice (DOJ), Executive Orders

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Riley Borden

Nonresidents Beware: Oregon's and Washington's Fractional Formula and Apportionment Rules Apply to In-State Property

At $13.99 million for 2025, the federal estate tax exclusion is the largest it has ever been, but it will be reduced by half in 2026, which you can read more about in this advisory…more

Apportionment, Estate Planning, Estate Tax, Non-Residents, Property Owners

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Michael Borgia

FedRAMP 20x Initiative Promises Major Changes for Federal Cloud Service Providers

Major changes are coming again to the Federal Risk and Authorization Management Program ("FedRAMP"), the federal government's cybersecurity authorization program for cloud service providers ("CSPs")…more

Automated Systems, Cloud Computing, Cybersecurity, Data Security, FedRAMP

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Matthew Bornfreund

The Revisit: Our Take on the U.S. Banking Agencies' Regulatory Capital Revamp

On July 27, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (collectively, FBAs) issued their long-awaited proposal…more

Banks, Data Collection, Dodd-Frank, EGRRCPA, FDIC

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Jeffrey Bosley

Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces…more

Artificial Intelligence, Automation Systems, Hospitality Industry, Layoffs, Machine Learning

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Duane Bosworth

2017 Oregon Update: Oregon Courts Fill in Holes Left in Anti-SLAPP Proceedings

The development of Oregon’s anti-SLAPP law in 2017 resembles the progress of salmon headed upstream in Oregon rivers: slow, but definitely steady. It appears from an informal survey that more anti-SLAPP special motions to strike…more

Anti-SLAPP, Defamation, Motion to Dismiss, Motion To Strike

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Michelle Bowling

California Privacy Protection Agency Posts Preliminary Proposed Regulations

The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Chava Brandriss

New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation? - Update

Treasury Secretary Scott Bessent, the then-acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on February 3 directing employees to cease all rulemaking activities, delay the implementation of rules…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Final Rules, Pending Litigation

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Burt Braverman

Protect Yourself: U.S. Exporters Advised To Obtain End-Use and End-User Statements for All Exports, Including EAR99 Items

According to a trade press report, a Bureau of Industry and Security ("BIS"), Department of Commerce official speaking at the March 2025 BIS Update Conference on Export Controls and Policy recommended that U.S. exporters…more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, End-Users, Export Administration Regulations (EAR)

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Scott Broadwell

Alaska Becomes Latest to Sue for PFAS Damages

The state of Alaska has thrown its hat into the ring of state and local governments suing designers, manufactures, and distributors for damages arising from per- and polyfluoroalkyl substance (PFAS) contamination…more

Alaska, Asbestos, Contamination, Mesothelioma, PFAS

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Julia Brodsky

San Francisco Grocery Store and Pharmacy Workers Now Entitled to COVID-19 Hazard Pay

On March 9, 2021, the San Francisco Board of Supervisors approved the COVID-Related Hazard Pay Ordinance, which became effective March 22, 2021…more

Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores, Hazard Pay

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Maria Browne

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2025

On March 3, 2025, the Federal Communications Commission (FCC) released a Public Notice reminding service providers and equipment manufacturers to maintain records documenting compliance efforts to make their technology…more

Certifications, Compliance, CVAA, Data Collection, FCC

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John Browning

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the First…more

Actual Malice, Counterman v Colorado, Criminal Liability, Cyber-Stalking, Dissenting Opinions

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Don Buder

Food Venture Financing News - Weekly Issue No. 112

Food Venture Financing Trends - Ghost Financial, a platform that provides financing for ghost kitchen operators, announced that it will provide $100 million in financing and customized insurance for Cruising Kitchens, a…more

Food Manufacturers, Private Equity, Private Equity Funds

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Zana Bugaighis

Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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Anna Buono

"Ladies' Night" Promotions Violate California Law

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a…more

Americans with Disabilities Act (ADA), Discounts, Discrimination, Hospitality Industry, Protected Class

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Melissa Burgess

A New Era for U.S. Export Controls and Human Rights?

On March 30, 2023, the United States and over 20 additional Subscribing States released a "Code of Conduct for Enhancing Export Controls of Goods and Technology That Could be Misused and Lead to Serious Violations or Abuses of…more

Bureau of Industry and Security (BIS), Censorship, Code of Conduct, Commerce Control List, Enforcement

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Larry Burke

Oregon OSHA to Enforce Statewide Face Coverings Rule

Starting July 1, 2020, all Oregonians over age 12 are required to wear a face covering in public indoor spaces and certain businesses to slow the spread of COVID-19 in the state. According to Governor Kate Brown, the state’s…more

Coronavirus/COVID-19, Governor Brown, OSHA, Personal Protective Equipment, Public Health

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Thomas Burke

Obfuscating Mercy: How the California Supreme Court Finally Addressed Secretive Pardons

In May of 2021, the California Supreme Court in Administrative Order 2021-05-26 announced a rule change to make it easier for the public to view clemency files for twice-convicted felons. The new rule rejects the decades-old…more

CA Supreme Court, Convictions, Governor Pardons, Sealed Records

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Meg Burnham

Washington Legislature Approves Prospective Notice and Cure Period for Wage Transparency Claims

Washington's Legislature finally took steps to help employers and mitigate against the unanticipated and harsh effects of Washington's job posting requirements that went into effect in January 2023. Late Tuesday night, the…more

Class Action, Employment Litigation, Equal Pay, Job Applicants, New Legislation

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Sarah Burns

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Internet Service Providers (ISPs)

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Diane Butler

H-1B Cap Lottery Season Commences on March 7, 2025

Employers seeking to hire foreign professionals in H-1B status need to prepare for the registration process. The annual lottery season commences in early March, and the short filing period lasts little more than two weeks…more

Compliance, Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals, Foreign Workers

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Benjamin Byer

Washington’s New Biometric Privacy Law: What Businesses Need to Know

With the rise in hackings and data breaches, companies and government agencies are looking for ways to protect their data that offer more security than passwords. Because passwords are easily lost, stolen, guessed, and cracked…more

Biometric Information, Data Collection, Data Privacy, Data Protection, Popular

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Cindy Caditz

U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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David Callahan

Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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Heather Canner

California Poised to Empower Charter Banks to Bank Cannabis Money (SB 51)

The California legislature is currently considering a first-of-its kind urgency bill, SB 51, the “Cannabis Limited Charter Banking and Credit Union Law.” The law would empower privately insured charter banks and credit unions to…more

Banking Sector, Decriminalization of Marijuana, Financial Institutions, Financial Services Industry, Marijuana

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Julie Capell

California's New Employment Laws: Get Ready for 2025

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically…more

Anti-Discrimination Policies, Cal-OSHA, California, Discrimination, Employee Handbooks

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Betsy Carroll

USDOL Publishes Temporary Regulations Interpreting FFCRA

On April 1, 2020, contemporaneous with the effective date of the Families First Coronavirus Response Act (FFCRA or the Act), the Department of Labor (USDOL) published temporary regulations concerning interpretation and…more

Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA), Paid Leave

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Maryam Casbarro

More Time for Filing Comments on Proposed HIPAA Changes

The U.S. Department of Health and Human Services (HHS) recently announced a 45-day extension of the comment period for proposed changes to the HIPAA Privacy Rule. The deadline for submitting comments now has been pushed from…more

Comment Period, Department of Health and Human Services (HHS), Extensions, Health Insurance Portability and Accountability Act (HIPAA), Information Governance

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Carolyn Casselman

The Women Investing in Broadway: Producers Who Bring Stories to Life on the Stage

A group of creative people has an idea about something people want and will pay for. But they don't have the capital to bring their idea to life and market it. They're just scrappy innovators..…more

Angel Investors, Asset Management, Capital Markets, Entertainment Industry, Investment

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Carly Chan

Protecting Online Games in China

With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts against…more

China, Copyright, Infringement, Online Gaming, Preliminary Injunctions

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Christina Chan

New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions…more

Antitrust Provisions, Attorney General, Hart-Scott-Rodino Act, Health Care Providers, Hospitals

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Pamela Charles

Biden Signs Historic Climate Legislation

The Inflation Reduction Act of 2022 (IRA) signed by President Biden on August 16, 2022, features $369 billion of incentives to dramatically reduce U.S. greenhouse gas (GHG) emissions. Future blog posts will analyze individual…more

Biden Administration, Climate Change, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Brendan Charney

9th Circuit Sets Phasers on Star Trek-Seuss Mash-Up

On December 18, 2020, a panel of the 9th Circuit held that the creators of a Star Trek/Dr. Seuss "mash-up" ventured beyond the edge of the fair-use universe by taking too much of Dr. Seuss's iconic illustrations. Dr. Seuss…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Trademarks

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Jeremy Chase

Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of fair…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

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Vera Chen GMS

U.S. Travel & Visa Application Restrictions Connected to Coronavirus

President Trump has issued a Proclamation suspending entry into the United States for certain persons who pose a risk of transmitting the 2019 Novel Coronavirus…more

Centers for Disease Control and Prevention (CDC), Infectious Diseases, Travel Ban, Trump Administration, USCIS

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Samantha Chiang

FTC v. PepsiCo: Another Attempt to Resurrect the Robinson-Patman Act Ahead of Administration Changes

In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) followed up its recent resurrection of the Robinson-Patman Act (RPA) with another RPA suit—now, alleging price discrimination through promotional…more

Advertising, Antitrust Provisions, Competition, Consumer Protection Laws, Enforcement Actions

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Cristina Chou

FCC Confirms Most In-Kind Contributions Are Franchise Fees, Curtails Regulation and Taxation of Internet Services on Mixed-Use Systems

On August 1, 2019, the Federal Communications Commission (FCC) ruled that most non-cash (in-kind) assessments required by cable franchises constitute franchise fees subject to the 5% cap under the Communications Act…more

Cable Operators, Cable Television Providers, FCC, Franchise Agreements, Franchises

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Allison Condra

New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing…more

Department of Agriculture, Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Food Safety

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John Corcoran

Supreme Court Loosens Adverse Action Standard for Discrimination Claims – But Avoids Dooming DEI

The Supreme Court made it easier for claimants to assert discrimination claims under Title VII in its April 17 ruling in Muldrow v. City of St. Louis, et al. Previously, courts required a plaintiff to show that a workplace…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employment Litigation

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Alexandra Day Coyle

Samuels v. Lido DAO: A Potential New Frontier for Liability in the Cryptocurrency Space

A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support…more

Automation Systems, Class Action, Corporate Counsel, Crypto Exchanges, Cryptocurrency

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Stephen Crimmins

SEC v. Jarkesy: Supreme Court Delivers Significant Blow to SEC Intra-Agency Enforcement

SCOTUS limits agency use of ALJs in civil penalty proceedings - On June 27, 2024, in a 6-3 decision, the Supreme Court held in SEC v. Jarkesy that the Securities and Exchange Commission ("SEC" or the "Commission") could not…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

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Tim Cunningham

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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Patrick Curran Jr.

No Assent Without Affirmative Action – Challenges in Binding Former Subscribers to TOS Amendments

Two decisions from earlier this year illustrate the difficulty in enforcing terms of service (TOS) amendments against former subscribers or customers. Even when a company provides the former subscriber with notice of the TOS…more

Affirmative Action, Contract Terms, New Amendments, Popular, Putative Class Actions

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Chad Darcy

OSHA Inspectors Granted Authority to Require Employers to Permit Third Parties Onsite During Safety Inspections

Effective May 31, 2024, OSHA will have additional authority to permit third parties, including union representatives, to join OSHA inspectors during onsite walkaround inspections at employer facilities, including non-union…more

Department of Labor (DOL), Labor Inspectors, New Rules, OSHA, Safety Inspections

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William David

Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a…more

Health Care Providers, Rest and Meal Break, Wage and Hour, Wage Orders, Waivers

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Elizabeth Lan Davis

CFTC Divisions Issue Staff Advisory on Referrals to Division of Enforcement

On April 17, 2025, the Market Participants Division, the Division of Clearing and Risk, and the Division of Market Oversight (collectively, the "Operating Divisions") of the CFTC, along with the Division of Enforcement ("DOE"),…more

CFTC, Compliance, Enforcement, Enforcement Actions, Financial Services Industry

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Jack Day

Time for Employers to Review and Update Employee Handbooks (Again)

Union and non-union employers could face an uphill climb defending well-intentioned workplace rules under the new framework issued by the National Labor Relations Board ("NLRB") in its long-awaited decision in Stericycle, Inc…more

Boeing, Employee Handbooks, Employer Liability Issues, Employment Policies, NLRA

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Lisa Dayan

New Jersey Passes Wage Transparency Law That Also Requires Posting of Promotion Opportunities

New Jersey may join the growing list of states that require employers to include a range of the hourly wage or salary in postings for new jobs or transfer opportunities if Governor Murphy signs Senate Bill 2310, which was passed…more

Compensation, Employee Benefits, Job Ads, Job Promotions, New Jersey

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Tiffanie de la Riva

2022 EEO-1 Reporting Period Now Open

Employers nationwide should be aware that the long-delayed 2022 EEO-1 reporting period opened October 31, 2023. The deadline for filing 2022 EEO-1 Component 1 data is December 5, 2023, though employers are encouraged to file…more

Data Collection, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Filing Deadlines

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Allison De Tal

SECURE 2.0: New Year, New Rules For Retirement Plans

SECURE 2.0 became law on December 29, 2022. It has something for all retirement plans, and its provisions should be reviewed by all retirement plan sponsors. It aims to increase retirement savings and expand retirement coverage…more

401k, 403(b) Plans, Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions

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Thomas DeFranco

Basel Endgame Rules: A Change Is Coming

The Announcement and Its Sources - Last week, the vice chairman of the Federal Reserve Board, Michael S. Barr, gave prepared remarks at the Brookings Institution announcing a significant recalibration of the Fed's Basel…more

Administrative Procedure Act, American Bankers Association, Capital Markets, Federal Reserve, Lending

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Clifford DeGroot

Can a Startup Pay a Transaction-Based Fee or Commission to Someone Who Helps Raise Capital?

We can't tell you how often we are presented with this question. For the most part, the answer is a clear "no," but why is that? The short answer is that—except under certain limited circumstances—it is likely illegal, it may…more

Broker-Dealer, Early Stage Companies, Fees, Finder's Fees, Finders

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Jonathan DeMella

New Administration Outlook: NADOHE Injunction on DEI Crackdown Is Stayed – Key Takeaways for Federal Grantees and Contractors

In an important development in the Trump Administration's campaign to extinguish DEI practices from the private sector, the U.S. Court of Appeals for the 4th Circuit has stayed the district court's preliminary injunction in…more

Affirmative Action, Civil Rights Act, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Equal Protection

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Kathy Dent

New Year, New Policies: Oregon Employers, Update Your Employee Handbook for 2025

With the new year upon us, employers should review their employee handbooks and ensure they are compliant with more recent updates to both Oregon and federal law…more

Anti-Discrimination Policies, Bias, Discrimination, Employee Rights, Employment Policies

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Courtney DeThomas

Another Court Limits Discovery Protections for Digital Forensic Investigations

A recent magistrate decision from the Middle District of Pennsylvania adds to the growing body of cases limiting discovery protection for forensic reports and other materials prepared in response to a data security incident…more

Attorney-Client Privilege, Corporate Counsel, Disclosure, Discovery, Forensic Examination

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Apurva Dharia

Illinois Revises Biometrics Law To Reduce the Prospect of "Ruinous" Damage Awards

In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for…more

Biometric Information, Biometric Information Privacy Act, Damages, Fingerprints, Illinois

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Matthew Diggs

In Key Ruling, 1st Circuit Adopts "But-For" Causation Standard for FCA Claims Arising From Unlawful Kickbacks

On February 18, 2025, the U.S. Court of Appeals for the 1st Circuit issued a highly anticipated ruling interpreting the relationship between the False Claims Act ("FCA") and the federal Anti-Kickback Statute ("AKS"), holding…more

Anti-Kickback Statute, Appellate Courts, But For Causation, Causation, Department of Justice (DOJ)

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Travis Distaso

Delaware Enacts Sweeping Changes to the Delaware General Corporation Law

The Delaware Legislature passed, and Delaware Gov. Matt Meyer signed on March 25, 2025, the landmark Senate Bill 21. Senate Bill 21 amends the Delaware General Corporation Law (the "DGCL") in significant ways, with broad…more

Acquisitions, Business Judgment Rule, Controlling Stockholders, Corporate Governance, Delaware

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Nic Doherty

Washington's 2021 Emergency Standard on Employee Exposure to Wildfire Smoke

The Washington Department of Labor & Industries has issued a new wildfire smoke emergency rule. Washington is one of a few states to do so, explicitly recognizing wildfire smoke as a potential health hazard to employees. The…more

Air Quality Standards, Employees, Employer Responsibilities, Wildfires, Workplace Hazards

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James Dombach

Applying NMS Principles to Crypto Markets

Applying Reg. NMS to crypto exchanges could enhance transparency through reforms including a consolidated market data feed and equal data access regulations. A crypto-specific Securities Information Processor (SIP) could reduce…more

Antitrust Provisions, Crypto Exchanges, Cryptocurrency, Digital Assets, Financial Markets

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Hannah Donahue

6th Circuit Invalidates FCC's 2024 Network Neutrality Order

On January 2, 2025, the U.S. Court of Appeals for the 6th Circuit issued a decision ("Decision") invalidating the Federal Communications Commission's ("FCC") Safeguarding and Securing the Open Internet Order ("Safeguarding…more

Administrative Procedure Act, Appeals, Broadband, Chevron Deference, Communications Act of 1934

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Robert Driscoll

Stay ADvised: What's New This Week

Truth In Advertising Says “Your Super” Is Running Afoul of FDA - Another day, another supplement company violating FDA rules, at least according to a recent investigation conducted by TruthInAdvertising.org (TINA)…more

Advertising, Dietary Supplements, Digital Advertising Alliance, Federal Trade Commission (FTC), Food and Drug Administration (FDA)

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Jaime Drozd

Where’s the (TCPA) Harm in That?

Following the U.S. Supreme Court’s ruling in Spokeo v. Robins that plaintiffs must allege a concrete and particularized injury to meet Article III standing requirements, federal district courts across the country are beginning…more

Article III, Corporate Counsel, Debt Collection, Injury-in-Fact, Robocalling

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Brent Droze

Sheetz v. County of El Dorado: The Supreme Court's Latest Restraint on Development Fees

On April 12, 2024, Justice Amy Coney Barrett delivered the U.S. Supreme Court's opinion in Sheetz v. County of El Dorado, California, 601 U.S. 267, 144 S. Ct. 893 (2024). Sheetz concerned El Dorado County's imposition of $23,420…more

Building Permits, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado, Impact Fees

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Kathleen Drummy

2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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Nellie Dunderdale

FINRA Proposes a Unified Rule for Outside Business Activities and Private Securities Transactions

FINRA proposes a new rule to simplify requirements in Rules 3270 and Rule 3280, aiming to reduce unnecessary burdens. The structure of Proposed FINRA Rule 3290 requires prior written notice for investment-related activity…more

Broker-Dealer, Comment Period, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investment Management

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Stuart Dunwoody

Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will not…more

Functional Equivalent, Patent Infringement, Patent Litigation, Patents

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Sarah Duran

New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

In a substantial narrowing of the public’s ability to review court files, the Washington Supreme Court has held there is no constitutional right of access to any case record unless and until the record becomes “relevant to a…more

Discovery, Right of Access, Sealed Records

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Camilo Echavarria

Ninth Circuit: Mortgage Underwriters Are Not Exempt

The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters who worked for Provident Savings Bank were not “administrative employees,” and thus did not qualify for exemption from the overtime…more

Exempt-Employees, Fair Labor Standards Act (FLSA), Mortgage Servicers, Mortgages, Over-Time

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Jane Eckels

[Webinar] Paths and Pitfalls on the Road to AI in Healthcare - July 18th, 11:00 am - 12:00 pm PT

Artificial intelligence-driven technology is transforming nearly everything that we can see and touch, with great promise for the healthcare industry. This webinar will explore the promise, pitfalls and other key considerations…more

Artificial Intelligence, Continuing Legal Education, Health Care Providers, Health Technology, Machine Learning

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Kathryn Edgerton

CDPH Adopts New Adverse Event Reporting Regulations for General Acute Care Hospitals and Acute Psychiatric Hospitals

The California Department of Public Health (CDPH) adopted new regulations for General Acute Care Hospitals and Acute Psychiatric Hospitals, effective January 1, 2022. The regulations are intended to improve patient care, reduce…more

CDPH, Hospitals, Reporting Requirements

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Brent Eller

Recent Stark Developments: A Moving Target Where a Miss is as Good as a Mile

The federal physician self-referral ban or Stark law has been a part of the legal landscape for almost 25 years. The breadth of the law’s prohibitions, its strict liability formulation and draconian remedies have made it the…more

BPCI, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Healthcare, Hospitals

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Jonathan Engel

New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation? - Update

Treasury Secretary Scott Bessent, the then-acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on February 3 directing employees to cease all rulemaking activities, delay the implementation of rules…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Final Rules, Pending Litigation

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Chip English

New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing…more

Department of Agriculture, Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Food Safety

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David Ernst

Coronavirus: Food Safety Readiness

As news about coronavirus (COVID-19) infections and mortality rates continue to evolve, many in the food and beverage industry are wondering what can be done to ensure workplace safety and employee health while also minimizing…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Food Safety, Health and Safety, Infectious Diseases

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Abigail Everdell

On Eve of Trial, Gizmodo Wins Dismissal of Ex-Trump Staffer’s Libel Suit – Fair-Report Privilege Bars Claims

In the fall of 2018, former communications head for President Donald Trump’s campaign, Jason Miller, filed a defamation claim in the U.S. District Court for the Southern District of Florida against Gizmodo Media Group LLC,…more

Defamation, Dismissals, Libel, Motion to Dismiss

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Marcus Eyth

Rarely Used "Constructive Termination for Convenience" Argument Disposes of Contractor Claim

In a recent Court of Federal Claims decision, JKB Solutions and Services, LLC v. U.S., Nr. 19-1290C (October 16, 2020), the court held on summary judgment that the government constructively terminated an IDIQ contract for its…more

Army, Contract Termination, Contractors

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Kaitlyn Fallon

NYSDOL Guidance and FAQs Relating to New York’s HERO Act

As set forth in our previous advisory, many employer obligations under the New York HERO Act were triggered by the New York State Department of Health's designation on September 6, 2021, of COVID-19 as a highly contagious…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Infectious Diseases, New York, NYDOL

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Jason Farber

New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions…more

Antitrust Provisions, Attorney General, Hart-Scott-Rodino Act, Health Care Providers, Hospitals

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Kathleen Farley

Libel-Proof Poster Child: Lenny Dykstra Strikes Out in Suit Against Former Mets Teammate and Book Publishers

The most elusive of legal creatures, a "libel-proof" plaintiff, has been found in New York City. And it's Lenny Dykstra—the bad boy of baseball. Former New York Mets slugger Dykstra—whose misdeeds on and off the field are…more

Actual Malice, Athletes, Defamation, Libel, Publishers

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Rhys Farren

Dispute Resolution Methods: Using a Mediator

In family businesses, where many decisions are intermingled with emotions, conflicts are inevitable. However, conflicts do not have to lead to negative consequences—they are part of human interaction and can promote efficiency…more

Arbitration, Dispute Resolution, Family Businesses, Mediation, Mediators

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Russell Fecteau

FINRA Proposes a Unified Rule for Outside Business Activities and Private Securities Transactions

FINRA proposes a new rule to simplify requirements in Rules 3270 and Rule 3280, aiming to reduce unnecessary burdens. The structure of Proposed FINRA Rule 3290 requires prior written notice for investment-related activity…more

Broker-Dealer, Comment Period, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investment Management

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Eric Feder

Second Circuit Affirms Dismissal of Lawyer’s Libel Suit Against New York Post

A New York Post article headlined “Hostile Mega-Lawyer Accused of Abusing Pregnant Wife,” was a fair report of a bitter custody trial, the 2nd Circuit ruled recently. Zappin v. NYP Holdings Inc., 769 F. App’x 5 (2d Cir. 2019)…more

Defamation, Dismissals, Libel, Newspapers

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Jesse Feitel

Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence in…more

Artificial Intelligence, Entertainment Industry, Fair Use, First Amendment, Innovative Technology

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Nancy Felsten

New Administration Outlook: A Return to Regulatory Humility? What Advertisers Can Expect From the FTC

It would be an understatement to say that the first weeks of the second Trump Administration have been intense. Dizzying? Possibly. Whiplashing? On some fronts, yes. Between rolling back DEI and levying, pulling back, and…more

Advertising, Artificial Intelligence, Biden Administration, Competition, Consumer Protection Laws

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Kaley Fendall

FTC Announces New HSR Form: What You Need To Know

For the first time in over 45 years, the Federal Trade Commission (in collaboration with the U.S. Department of Justice, Antitrust Division) announced final changes to the Hart-Scott-Rodino Act ("HSR Act") premerger notification…more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Foreign Entities, Hart-Scott-Rodino Act

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Patrick Ferguson

9th Circuit Rules Publicly Owned Utilities Not Exempt From Federal Antitrust Challenges Under Filed-Rate Doctrine

On January 31, 2022, the 9th Circuit Court of Appeals reversed and remanded a district court's dismissal of an antitrust challenge by a class of solar rooftop customers against their municipal utility, the Salt River Project…more

Antitrust Provisions, Antitrust Violations, FERC, Filed-Rate Doctrine, Sherman Act

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Anna Fero

Governor Newsom Weighs in on California Electricity Affordability Crisis

Governor Gavin Newsom signed Executive Order N-5-24 on October 30 to address California's "affordability crisis" with respect to electricity rates. From Newsom's press release: "We're taking action to address rising electricity…more

California, CARB, CPUC, Electricity, Governor Newsom

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Peter Finch

Are Suppliers Subject to Prevailing Wage Rates When Supplying Materials to a Public Project in Washington State?

There are no specific wage rate classifications for most fabricators of materials that would make a company's employees subject to the prevailing wage rates. Based on Washington state 1) case law and 2) statutory and regulatory…more

Contractors, Manufacturers, Penalties, Prevailing Wages, Public Works

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Brad Fisher

Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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Gregory Fisher

Unpaid Interns May Be Entitled to Wages and EEO Protections

Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused…more

Best Management Practices, Contract Drafting, Department of Labor (DOL), Employee Rights, Employer Liability Issues

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Neal Fisher Jr.

Preliminary Injunction Blocks California Ban on Arbitration Agreements Covered by Federal Arbitration Act

On February 7, 2020, United States District Court Judge Kimberly J. Mueller issued a decision explaining her prior order blocking enforcement of California's new law restricting arbitration agreements, AB 51…more

Arbitration, Arbitration Agreements, Employment Contract, Federal Arbitration Act, Mandatory Arbitration Clauses

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Teresa Fitzgerald

California Employment Legislation Update: What’s New for 2019

A number of new and significant California employment laws have been added to the books and will take effect on January 1, 2019. Employers should take note of the following key statutory developments and adjust their policies…more

#MeToo, Board of Directors, Construction Industry, Contractors, Corporate Counsel

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James Flaggert

DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Tanea Foglia

Project W - Family and Career? That’s Not the Right Question

For most of my adult life, I have heard – and been confounded by – the never-ending discussion about whether women can have both a family and career. I've certainly engaged in my share of debates..…more

Bias, Career Development, Infrastructure, Social Welfare Organizations

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Caitlin Forsyth

New Administration Outlook: Trump Orders and the Impact on Reproductive Healthcare

On January 24, 2025, President Trump issued an Executive Order, titled "Enforcing the Hyde Amendment," revoking President Biden's two Executive Orders 14076 (July 8, 2022) and 14079 (August 3, 2022) that federally protected…more

Covered Entities, Data Privacy, Data Protection, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Helen Goff Foster

Final CCPA Amendments Awaiting Governor’s Signature – and a New Ballot Initiative Is in the Works

On September 13, the California legislature passed six bills that would amend the California Consumer Privacy Act (CCPA). Governor Gavin Newsom has one month to decide whether to sign them into law…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

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Samuel Fox

CFPB Releases Analysis of 'Abusive' Practices in the Financial Services Marketplace

On April 3, 2023, the Consumer Financial Protection Bureau ("CFPB" or the "Bureau") published a policy statement on abusiveness in the financial services marketplace. The statement summarizes actions taken by government…more

Abusive Acts, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry

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Marissa Franco

California’s 2020 Minimum Wage Increase to Affect Exempt and Nonexempt Employees (Updated)

UPDATE: A reminder that on July 1, 2020, the minimum wage will increase in the jurisdictions listed under the "Effective July 1, 2020" section heading below – i.e., Alameda, Berkeley, Emeryville, Fremont, Los Angeles City, Los…more

Employer Responsibilities, Minimum Wage, Wage and Hour

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Danielle Frappier

FCC to Quickly Launch New Affordable Connectivity Program

Mere days after the infrastructure bill became effective, the Federal Communications Commission (FCC) launched a rulemaking proceeding to create rules for the new $14.2 billion Affordable Connectivity Program (ACP). The ACP…more

Broadband, FCC, Infrastructure, Telecommunications

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Jake Freed

DWT Assists With Los Angeles Dine-In Restaurant Reopening Guidelines

On May 28, 2020, Los Angeles Mayor Eric Garcetti announced guidelines for reopening restaurants and bars in the city. The Mayor's office developed these guidelines in collaboration with Boston Consulting Group, Davis Wright…more

Business Operations, Coronavirus/COVID-19, Re-Opening Guidelines, Restaurant Industry, Workplace Safety

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William Friedman

Climate Change Responses: Expect Big Things for Hydrogen?

Expect big expansion in the use of clean hydrogen energy—that has been a periodic mantra in the climate change press for years. While commercial scale development continues to face serious technical and cost barriers, there now…more

Carbon Emissions, Climate Change, Green Energy, Hydrogen Power, Renewable Energy

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Marissa Fritz

2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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Jason Froggatt

New Guidance Issued on Mandatory and Optional Catch-Up Provisions Under SECURE 2.0

New guidance facilitates the implementation and operation of two important SECURE 2.0 features: mandatory Roth catch-up contribution rules for high-income participants, and the optional "super" catch-up contributions permitted…more

401k, Employee Benefits, Internal Revenue Code (IRC), IRS, Proposed Regulation

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Jean Fundakowski

FTC Updates 2024 Thresholds for HSR and Interlocking Directorates

The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976…more

Acquisitions, Antitrust Division, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate

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Alan Galloway

New Administration Outlook: What's Next for the FCC After Trump's Executive Orders on Independent Agencies and Eliminating Regulations?

Asserting Executive Authority Over Independent Agencies: Assessing the Impact on the FCC - On February 18, President Trump issued an Executive Order entitled "Ensuring Accountability for All Agencies" (the "Accountability…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Executive Orders, FCC, Loper Bright Enterprises v Raimondo

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Craig Gannett

ESG Job 1? Climate Change. Key Tool? Supply Chain Contracts.

Environmental, Social, and Governance (ESG) encompasses an array of issues so broad that it can seem overwhelming. It includes addressing climate change, eliminating forced labor, preventing exposure to toxic chemicals, and…more

Climate Change, Environmental Social & Governance (ESG), Forced Labor, Greenhouse Gas Emissions, Paris Agreement

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Stephen Gannon

Reg Reform Update – Financial Regulations To Be Clarified or Repealed

While tariff policy has captured headlines, four recent regulatory reform policy developments are nevertheless significant for the financial services industry. These developments are tied to increasing presidential control over…more

Administrative Procedure Act, Banks, Cryptocurrency, Department of Justice (DOJ), Executive Orders

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David Gee

Recently Announced DOJ Nationwide COVID-19 Fraud Takedown and Los Angeles City Attorney Settlement Focus on COVID-19 Testing

On April 20, 2022, the U.S. Department of Justice (DOJ) announced coordinated law enforcement actions targeting various COVID-19 fraud schemes. The law enforcement actions were filed in nine different federal districts…more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare Fraud, Kickbacks

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Pamela Genise

New Administration Outlook: What Employers Need To Know About Trump's Immigration Actions

A flurry of immigration-related post-inauguration Executive Orders and other planned changes to immigration law under President Trump will alter the U.S. immigration landscape, with stepped-up enforcement actions, an aim to end…more

Constitutional Challenges, Corporate Counsel, Department of Homeland Security (DHS), Employment Policies, Executive Orders

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Michael Gentile

Washington Enacts New Capital Gains Tax for 2022 and Beyond

Washington's legislature passed a new capital gains tax in April (Engrossed Substitute S.B. 5096), which was signed by Governor Inslee on May 4, 2021. The new law will take effect January 1, 2022…more

Capital Gains, Capital Gains Tax, Exemptions, Governor Inslee, State and Local Government

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Gerald George

Biden Administration Reinstates Supplemental Environmental Projects as Enforcement Tool

As part of the Biden Administration's overall strategy of enhancing environmental justice, the Department of Justice (DOJ) and Environmental Protection Agency (EPA) jointly announced last week the return (with modifications) of…more

Biden Administration, Department of Justice (DOJ), Environmental Justice, Supplemental Environmental Project (SEP) Policy

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Stevin George

NIST Seeks Public Comment on Developing Standards and Guidelines for Implementing Portions of the Biden AI Executive Order

Key Areas for Comment in the Request for Information - Developing guidelines, standards, and best practices for AI safety and security. Developing a companion resource to the Risk Management Framework for generative AI..…more

Artificial Intelligence, Biden Administration, Executive Orders, Machine Learning, NIST

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Juliana Gerrick

Georgia Becomes Latest to Address Earned Wage Access Providers

On February 26, 2021, Georgia introduced HB 674, which would authorize earned wage access (EWA) providers to operate in the state and avoid loan characterization by meeting certain requirements, including registration…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Loans, Payroll Deductions

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Danielle Gerson

9th Circuit Largely Upholds California's Ban on Arbitration Agreements as a Condition of Employment

On September 15, 2021, the 9th Circuit in Chamber of Commerce of the US v. Bonta reversed (2-1), in part, a preliminary injunction and held that California Labor Code section 432.6—which prohibits employers from requiring…more

Arbitration Agreements, California, Employees, Employment Contract

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Jeff Giametta

Alcohol Beverage Suppliers, Charitable Promotions, and Commercial Co-Venturers

Generally speaking, when a sales promotion in which a for-profit business represents to the public that the purchase or use of goods or services will directly benefit either a named charity or a charitable cause purpose, the…more

Commercial Co-Ventures (CCVs), Wine & Alcohol

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Nicholas Giannasca

FERC Expands Transmission Siting Authority in National Interest Corridors

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC") issued a final rule expanding its siting authority over the construction and modification of electric transmission facilities within National Interest Electric…more

Code of Conduct, Department of Energy (DOE), Electricity, Energy Sector, Environmental Justice

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Monica Gianni

Checklist of Employer Considerations for Remote Work Policies

The COVID-19 pandemic and the proliferation of employees working remotely has prompted employers of every size to contend with new questions about laws applicable to their workers in distant locations. Depending on whether…more

Compliance, E-3, Employee Benefits, Employees, Flexible Work Arrangements

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Dirk Giseburt

Seattle's Payroll Expense Tax Upheld by Trial Court—Time for Employers to Gear Up for Reporting

On June 4, 2021, King County Superior Court upheld the validity of the new Seattle payroll expense tax (dubbed the "JumpStart" tax) against a constitutional challenge. The tax came into effect January 1, 2021, but reporting for…more

Employees, Payroll Taxes, State and Local Government, Tax Liability, Tax Rates

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Nicole Marie Giuntoli

And, Action! New 2021 California Employment and COVID-19 Safety Laws Demand Entertainment Employers Take Immediate Steps

The entertainment industry worked at a fast clip throughout 2020 to swiftly adapt production protocols to comply with federal, state, and local COVID-19 orders, and to keep cast and crew safe. While a widespread vaccine rollout…more

Cal-OSHA, California, City of Los Angeles, Coronavirus/COVID-19, Entertainment Industry

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Richard Glick

Does the Mifepristone Case Tee Up a Chevron Challenge? - Controversial Abortion Decision May Have Implications for Judicial Deference in Administrative and Environmental Law Cases

In Alliance for Hippocratic Medicine v. USFDA, U.S. District Judge Matthew J. Kasmaryck stayed the FDA approval of the abortion drug Mifepristone, disregarding the FDA's medical and scientific judgment to approve the drug 23…more

Abortion, FDA Approval, Food and Drug Administration (FDA), Prescription Drugs, Reproductive Healthcare Issues

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Michael Goettig

New York State Department of Labor Issues Guidance Concerning Employee Cannabis Use

On October 8, 2021, the New York State Department of Labor (NYSDOL) published guidance to employers concerning "Adult Use Cannabis and the Workplace." New York employers with drug screening protocols should review their…more

Drug Testing, Marijuana, Marijuana Regulation & Taxation Act (MRTA), NYDOL

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Claude Goetz

California Near to Enacting Nation’s First Commercial Finance Disclosure Law

In the final days of its 2018 session, the California legislature sent a flurry of bills to Governor Jerry Brown’s desk on topics as diverse as net neutrality, school start times, and clean energy…more

Borrowers, Federal Reserve, Loans, Online Marketplace Lending, Small Business

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James Goldfarb

Samuels v. Lido DAO: A Potential New Frontier for Liability in the Cryptocurrency Space

A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support…more

Automation Systems, Class Action, Corporate Counsel, Crypto Exchanges, Cryptocurrency

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John Goldmark

FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry

It took years, but DWT's cannabis group prevailed in obtaining U.S. Customs and Border Protection's (CBP) policy on the admissibility of non-citizens with ties to legal foreign cannabis businesses…more

Customs and Border Protection, FOIA, Foreign Nationals, Marijuana

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Sander Goldthwait

Federal Contractors: Avoid Getting Shortchanged on Prevailing Wages

The Davis-Bacon Act and the FAR - The Davis-Bacon Act, 40 U.S.C. §§ 3131-3148, (the Act) is a fact of life in federal government construction contracting. The Act, passed in 1931, establishes the requirement of paying the local…more

Armed Services Board of Contract Appeals, Construction Contracts, Federal Acquisition Regulations (FAR), Federal Contractors, Prevailing Wages

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Amanda Gómez

New York Assembly Considering Bill To Create Consideration and Revocation Periods for All Severance Agreements

New York employers should be aware of the potential need for changes to their separation agreements that would require consideration and revocation periods for all employees, regardless of age. The New York State Senate passed…more

Compliance, Employee Rights, Employment Contract, Employment Litigation, Employment Policies

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Emilio Gonzalez

Blue Mountain Clarifies Scope of Business Sale Exception to Prohibition on Restrictive Covenants in Connection With Joint Ventures

California employers often find themselves frustrated by the limits that state law places on their ability to prevent former employees from targeting their customers because California's Business & Professions Code § 16600 voids…more

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

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Kelly Gorton

Biden Administration Rescinds Trump's TikTok and WeChat Bans, Issues Two Executive Orders Highlighting Policies on Chinese Tech Companies

Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese…more

Biden Administration, China, Executive Orders, Foreign Adversaries, National Security

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David Gossett

Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day, Chairwoman…more

Broadband, Data Privacy, FCC, Net Neutrality, Notice of Proposed Rulemaking (NOPR)

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Clayton Graham

Washington Supreme Court Ups the Ante on SEPA Threshold Determinations

The Washington Supreme Court recently issued a lengthy, 5-4 decision in Friends of Sammamish Valley addressing several critical issues under Washington's State Environmental Policy Act (SEPA) and Growth Management Act (GMA) that…more

SEPA, Threshold Requirements, WA Supreme Court

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Kristal Graham

New Minimum Wage, Paid Sick Leave, and Captive Audience Meeting Protections for Alaska Employees

Alaska Ballot Measure One passed, according to unofficial election results, and brings with it three major changes for Alaska employers. The new law goes into effect July 1, 2025, but employers should start the process of…more

Adverse Employment Action, Alaska, Collective Bargaining Agreements (CBA), Documentation, Employment Policies

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James Grant

U.S. House Approves Law Targeting Sex Trafficking Ads, Threatens to Undermine Section 230 of the Communications Decency Act

On May 20, 2014, the U.S. House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). If enacted, the bill would expose websites and other media to federal criminal penalties for…more

Communications Decency Act, Crime Victims, First Amendment, Free Speech, Internet

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Alexa Graumlich

New $20 Minimum Wage Requirement for California Fast Food Workers Coming April 1, 2024

Beginning April 1, 2024, California's minimum wage for fast food employees will increase to $20 per hour. This change is the result of Governor Newsom signing AB1228 (also known as the Fast Food Franchisor Responsibility Act)…more

California, Employer Liability Issues, Fast-Food Industry, Minimum Wage, NAICS

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Catherine Grech

Blue Mountain Clarifies Scope of Business Sale Exception to Prohibition on Restrictive Covenants in Connection With Joint Ventures

California employers often find themselves frustrated by the limits that state law places on their ability to prevent former employees from targeting their customers because California's Business & Professions Code § 16600 voids…more

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

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Derek Green

The Oregon Climate Protection Program Is Dead. Long Live the Climate Protection Program?

The Oregon Department of Environmental Quality (DEQ) just announced that it would not appeal a recent decision by the Oregon Court of Appeals invalidating the Climate Protection Program (CPP), Oregon's sweeping administrative…more

Appeals, Climate Change, Department of Environmental Quality, Greenhouse Gas Emissions, Oregon

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Adam Greene

New Administration Outlook: Guidelines for Healthcare Providers Responding to Immigration Enforcement Actions

Executive orders and changes to enforcement directives permitting Immigration and Customs Enforcement (ICE) and agents from other divisions of the Department of Homeland Security to enter sensitive locations, such as hospitals…more

Data Privacy, Department of Homeland Security (DHS), EMTALA, Executive Orders, Health Care Providers

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James Greenfield

Washington State's Expanded TIF Authority Creates Powerful Catalyst for Public-Private Partnerships

On May 10, 2021, Governor Jay Inslee signed ESHB 1189 (TIF for Jobs bill), completing a bipartisan legislative effort to grant new powers of Tax-Increment Financing (TIF) to the state's cities, counties, and port districts…more

Infrastructure, Public Private Partnerships (P3s), Tax Increment Financing, Washington

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Lafayette Greenfield II

Corporate Transparency Act Creates National Database of Company Ownership Information

The Corporate Transparency Act (CTA), passed over President Trump's veto as part of the National Defense Authorization Act on January 1, 2021, may have a major impact on the manner in which financial institutions comply with…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, National Security

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Steven Greenwald

What Would You Do With the (Maybe Not So) Pleasant Creek Natural Gas Storage Field?

PG&E has announced that it will sell its Pleasant Creek natural gas storage field, has retained an investment banker, and is now publicly soliciting bids. But who will buy the 400 acres of land located between Sacramento and the…more

CPUC, Energy Sector, Energy Storage, Natural Gas, PG&E

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Marina Gruber

Workplace Policy Updates Required: What Employers Need to Know About the NLRB's Stericycle Decision

Are your employee handbooks and policies "chilling" employee conduct? This and other questions, answered - Employers should take note, the NLRB's recent Stericycle decision has broad implications for all U.S. employers with…more

Employee Handbooks, Employer Liability Issues, Employment Policies, Labor Reform, NLRA

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Melissa Baal Guidorizzi

New Administration Outlook: What Does the CFPB "Freeze" Mean for Regulations and Pending Litigation? - Update

Treasury Secretary Scott Bessent, the then-acting director of the Consumer Financial Protection Bureau (CFPB), emailed staff on February 3 directing employees to cease all rulemaking activities, delay the implementation of rules…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Final Rules, Pending Litigation

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Matthew Gurr

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,…more

Appeals, Board of Contract Appeals, CBCA, Contract Disputes, Contract Disputes Act

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Margaret Haggerty

FinCEN Beneficial Ownership Information Access Proposal Raises Many Questions

As described in DWT's October 2021 post, the Corporate Transparency Act ("CTA"), enacted as part of the Anti-Money Laundering Act of 2020, establishes beneficial ownership reporting requirements for a broad range of entities…more

Anti-Money Laundering, Banking Sector, Beneficial Owner, Customer Due Diligence (CDD), Financial Crimes

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Julie Hall

Critical Compliance Note for Employers in States With Paid Family or Medical Leave

As we know, employers covered by the Federal Family Leave Act ("FMLA") must provide their qualifying employees unpaid protected FMLA leave. In many instances, employers require employees taking FMLA leave to use accrued and…more

Compliance, Department of Labor (DOL), Employee Benefits, Family and Medical Leave Act (FMLA), Paid Leave

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Jordann Hallstrom

Update: WA Governor Extends Employment Protections to "High-Risk" Workers Indefinitely

Update: On July 29, 2020, Washington Governor Inslee issued Proclamation 20-46.2, which extends the protections for high-risk employees as originally set forth by Proclamation 20-46 "High-Risk Employees—Workers' Rights on April…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Governor Inslee

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K.C. Halm

Supreme Court Allows Treble-Damage False Claims Actions To Proceed Against E-Rate Service Providers

Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that allows…more

Compliance, Damages, Enforcement Actions, False Claims Act (FCA), FCC

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Brent Hamilton

Employee or Independent Contractor? New DOL Rule Aims to Clarify Worker Classifications

The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on March…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Laura Handman

Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

Justice Clarence Thomas recently triggered profound concern among First Amendment and media lawyers by suggesting that the nation’s high court reevaluate New York Times v. Sullivan, calling that seminal decision, “and the…more

Defamation, First Amendment, Free Speech, Libel

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Bradford Hardin

Federal Agencies Will Jointly Look for Bias and Discrimination in AI - DOJ, FTC, CFPB, and EEOC Announce Joint Commitment to Use Existing Consumer Protection and Employment Authority to Oversee Use of Artificial Intelligence

On April 25, 2023, the Federal Trade Commission (FTC), the Civil Rights Division of the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission…more

Artificial Intelligence, Automation Systems, Bias, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ)

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Dan Hardin

CFPB Provides Guidance on Unauthorized Transfers

Recent technological developments in banking and other financial services, combined with the effects of the pandemic, have led consumers to increasingly adopt digital payment solutions. At the same time, reports of digital fraud…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ETFs, Financial Services Industry, Fraud

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Lauren Harris

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal contractors…more

Affirmative Action, Colleges, Department of Education, Diversity and Inclusion Standards (D&I), Higher Education Act

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Stuart Harris

IRS Gives Green Light for Employee Choice Between Different Pre-Tax Benefits

Employees increasingly request (and expect) choice in their benefits. The Internal Revenue Service (IRS) recently released Private Letter Ruling 202434006 (PLR), which approved an employer's program allowing employees to…more

401k, Employee Benefits, Employee Contributions, Employer Contributions, HRA

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Christine Hawkins

New Guidance Issued on Mandatory and Optional Catch-Up Provisions Under SECURE 2.0

New guidance facilitates the implementation and operation of two important SECURE 2.0 features: mandatory Roth catch-up contribution rules for high-income participants, and the optional "super" catch-up contributions permitted…more

401k, Employee Benefits, Internal Revenue Code (IRC), IRS, Proposed Regulation

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Christopher Helm

Analysis of Proclamation Halting Visas for H-1B and Other Temporary Workers Outside U.S.

On June 22, 2020, President Trump issued a "Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market During the Coronavirus Outbreak," effective June 24, 2020 through December 31, 2020…more

Foreign Nationals, Foreign Workers, Green Cards, H-1B, H-2B

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Gregory Hendershott

SCOTUS Makes It Harder for Employers to Defend Against Federal Whistleblower Claims

The Supreme Court recently issued a unanimous pro-employee ruling that makes it harder for employers to defend whistleblower claims. In Murray v. UBS Securities, LLC, the Court rejected the argument that an employer must have…more

Civil Rights Act, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Murray v UBS Securities LLC, Retaliation

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Chasity Hendren

Will AB 50 and SB 410 Actually Result in Faster Electric Service for Data Centers (and Everything Else) in California?

California is in a rush to electrify everything. The rapid conversion of appliances such as furnaces, water heaters, ovens, and dryers from natural gas to electricity and the proliferation of electric vehicles (EVs) – including…more

Artificial Intelligence, CAISO, California, Data Centers, Electric Vehicles

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Karen Henry

The 2016 Amendments to the Federal Rules of Civil Procedure: Eliminating the Three-Day Rule for Electronic Service

On December 1, 2016, absent congressional action, new amendments to the Federal Rules of Civil Procedure will take effect, amending Rules 4, 6, and 82. (See At-A-Glance Summary, infra.) While these changes seem mostly…more

Corporate Counsel, Federal Rules of Civil Procedure, New Amendments, Young Lawyers

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Rachel Herd

Reminder: By December 31, 2017, Online Service Providers Must Re-Register DMCA Agents Registered Before December 1, 2016

December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium…more

Copyright, Digital Media, DMCA, Internet Service Providers (ISPs), Registration Requirement

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Jose Hernandez

Future Proofing Boards of Directors for Family Businesses

Michael Eisner, former CEO of Walt Disney, said it best that “management is not a science, it is an art.” But, not all art stands the test of time—and the composition of the board, and the way the directors manage a family owned…more

Board of Directors, Corporate Governance, Directors, Family Businesses

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Alicia Hines

Washington's Minimum Wage Set To Rise in 2025 – Here's What Employers Need To Know

Washington's minimum wage is set to increase to $16.66 per hour starting January 1, 2025, as announced by the Washington State Department of Labor & Industries (L&I). This change reflects a 2.35% increase from 2024 (as we…more

Exempt-Employees, Minimum Wage, Non-Compete Agreements, Washington

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Darrah Hinton

NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,…more

Browning-Ferris Industries of California Inc., Final Rules, Joint Employers, Liability, NLRA

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Loni Hinton

Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts

Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options before…more

Arbitration, Construction Contracts, Dispute Resolution, Mediation, Negotiations

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Joseph Hoag

OSHA Inspectors Granted Authority to Require Employers to Permit Third Parties Onsite During Safety Inspections

Effective May 31, 2024, OSHA will have additional authority to permit third parties, including union representatives, to join OSHA inspectors during onsite walkaround inspections at employer facilities, including non-union…more

Department of Labor (DOL), Labor Inspectors, New Rules, OSHA, Safety Inspections

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Elizabeth Hodes

Project W Expands Into the Last Frontier

Women have always been a driving force in Alaska, from the frontier days to the present, and Anne Marie Tavella and Elizabeth Hodes are no exception. Under their leadership, Women Advancing a Prosperous Alaska (WAPAK) seeks to…more

Alaska, Business Development, Leadership, Professional Development, Professional Networking

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John Hodges-Howell

NLRB Reverses Nearly 80 Years of Precedent by Declaring Captive Audience Meetings Unlawful

The Board also opted to apply its holding prospectively only and not retroactively, which is atypical. The Board acknowledged that its decision marks a significant change in nearly eight decades of precedent permitting captive…more

General Meetings, NLRA, NLRB, Unions

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Naazaneen Hodjat

NLRB Poised to Tip Scale in Favor of Disclosure of Employer Financial Information Based on Competitive Disadvantage Statements

In recent weeks, the National Labor Relations Board has issued several labor-friendly decisions, quickly checking off key items on General Counsel Jennifer Abruzzo's agenda. On November 30, 2022, the General Counsel released a…more

Collective Bargaining, Corporate Counsel, Inability To Pay, NLRB, NLRB General Counsel

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Robert Homchick

In Key Ruling, 1st Circuit Adopts "But-For" Causation Standard for FCA Claims Arising From Unlawful Kickbacks

On February 18, 2025, the U.S. Court of Appeals for the 1st Circuit issued a highly anticipated ruling interpreting the relationship between the False Claims Act ("FCA") and the federal Anti-Kickback Statute ("AKS"), holding…more

Anti-Kickback Statute, Appellate Courts, But For Causation, Causation, Department of Justice (DOJ)

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James Howard

New Year, New Possibilities: OIG Final Rule Amends Beneficiary Inducement Rules

The Office of Inspector General (“OIG”) of the Department of Health and Human Services has issued a final rule (“Final Rule”) adding new safe harbors to the federal anti-kickback statute, amending existing safe harbors, and…more

Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Department of Health and Human Services (HHS), FQHC

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Renee Howard

CMS Sprints to Overhaul Stark

With the benefit of more than three decades of rulemaking and hundreds of submissions under the Self-Referral Disclosure Protocol, CMS has seized the opportunity in the final Sprint Regulations to adopt a number of significant…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Fair Market Value, Health Care Providers, Physicians

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Robert Howard Jr.

5th Circuit Again Adopts Restrictive View of Exchange Act Purposes and SEC Regulatory Power

On December 11, 2024, the 5th Circuit issued another important opinion (for the third time this year) requiring that an administrative agency's rules fit squarely within the statutory scheme that empowers the agency to act…more

Board of Directors, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Disclosure Requirements, Diversity

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David Huang

CPUC Order Sparks Major Changes in California's VoIP Regulations

On November 12, 2024, the California Public Utilities Commission (CPUC) issued Decision (D.) 24-11-003, "Establishing a Regulatory Framework for Telephone Corporations Providing Interconnected Voice over Internet Protocol…more

California, Fees, Filing Requirements, Licensing Rules, New Regulations

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Paul Hudson

Supreme Court Allows Treble-Damage False Claims Actions To Proceed Against E-Rate Service Providers

Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that allows…more

Compliance, Damages, Enforcement Actions, False Claims Act (FCA), FCC

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Brenna Hull

California's New Employment Laws: Get Ready for 2025

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically…more

Anti-Discrimination Policies, Cal-OSHA, California, Discrimination, Employee Handbooks

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Brian Hulse

Avoiding a Pitfall for Family Business Loan Guarantors: Contribution Among Multiple Guarantors

When a family business borrows money, the lender often requires some or all of the business owners to guarantee the loan. If one of the business owner guarantors pays on the guaranty, that guarantor is entitled to contribution…more

Family Businesses, Guarantors, Lenders, Limited Liability Company (LLC), Loans

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Brian Hurh

New Administration Outlook: The Future of Government Payments – No More Paper Checks Later This Year

New executive order mandates a general transition to electronic payments and the elimination of paper checks for federal payments, such as distributing tax refunds, Social Security benefits, veterans' benefits, and other key…more

Cybersecurity, Data Privacy, Executive Orders, Financial Services Industry, FinTech

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Taylor Hurwitz

Surnames as Trademarks: Tips for Family Businesses

Choosing the right name is important when starting a business because the business name plays an important role in brand growth and perception. For many family-owned enterprises, business name and surname are inextricably and…more

Family Businesses, Trademark Registration, Trademarks, USPTO

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Jevan Hutson

Regulatory Reset? U.S. Cyber Incident Reporting Rules Face Congressional Scrutiny

Lawmakers expressed bipartisan support for significantly amending or eliminating some cybersecurity incident notification requirements during a recent hearing of the U.S. House Committee on Homeland Security's Subcommittee on…more

Cyber Incident Reporting, Cybersecurity, Data Breach, Disclosure Requirements, Regulatory Agenda

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Amy Hwang

What Are a Company's Tax Reporting Obligations for Incentive Stock Option Exercises?

Every corporation, whether a startup or public company, that has an employee who exercises an incentive stock option (ISO) must provide the employee an information statement about the exercised option (using IRS Form 3921). A…more

Employees, Form 3921, Incentive Stock Options, IRS, Reporting Requirements

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Christopher Im

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has Stalled

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most…more

Appeals, California, Confidentiality Agreements, Federal Bans, Federal Trade Commission (FTC)

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James Ireland

9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch Make-Ready Orders

On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR orders in all but one…more

5G Network, Broadband, FCC, Infrastructure, Moratorium

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Olivier Jamin

PFAS Alert! Product Manufacturers and Importers Required To Report Products That Contain PFAS by January 2026

In September 2024, the Environmental Protection Agency ("EPA") announced an extension to the reporting period for its new Per- and Polyfluoroalkyl Substances ("PFAS") reporting and recordkeeping requirements under the Toxic…more

Corporate Counsel, Environmental Protection Agency (EPA), Importers, PFAS, Recordkeeping Requirements

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Nicolas Jampol

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film, television,…more

Artificial Intelligence, Attorney's Fees, Copyright, Copyright Office, Deep Fake

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Jessica Jandura

FCC Investigating Role of Connected Car Services in Protection of Domestic Violence Survivors

On April 8, 2024, the FCC released a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on a number of issues under the Safe Connections Act (SCA) specifically related to connected car services. As indicated by…more

Domestic Violence, FCC, Investment, Notice of Proposed Rulemaking (NOPR)

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Matthew Jedreski

Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces…more

Artificial Intelligence, Automation Systems, Hospitality Industry, Layoffs, Machine Learning

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Michael Jefferson

How Can an Owner Discharge a Mechanic's Lien After It Expires?

Mechanic's liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien…more

Construction Litigation, Declaratory Judgments, Foreclosure, Land Titles, Mechanics Lien

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Katherine Jeffrey

DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Brandon Johnson

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2025

On March 3, 2025, the Federal Communications Commission (FCC) released a Public Notice reminding service providers and equipment manufacturers to maintain records documenting compliance efforts to make their technology…more

Certifications, Compliance, CVAA, Data Collection, FCC

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Bruce E.H. Johnson

Washington State Passes New Anti-SLAPP Statute

Effective July 25, 2021, the state of Washington has a new anti-SLAPP statute—replacing the version that the Washington Supreme Court declared invalid in 2015. The statute restores important defenses for news organizations,…more

Anti-SLAPP, Defamation, Discovery, Free Speech, Washington

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Christine Parkins Johnson

New Administration Outlook: Guidelines for Healthcare Providers Responding to Immigration Enforcement Actions

Executive orders and changes to enforcement directives permitting Immigration and Customs Enforcement (ICE) and agents from other divisions of the Department of Homeland Security to enter sensitive locations, such as hospitals…more

Data Privacy, Department of Homeland Security (DHS), EMTALA, Executive Orders, Health Care Providers

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Peter Johnson

Congressional Payments Technology Caucus Formed

Innovation in the payments industry continues to accelerate as both established and emerging companies invest significant resources in the development of new payment systems and technologies. Recognizing the challenge that…more

Emerging Growth Companies, Legislative Agendas, Payment Systems, Technology

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Katie Jorrie

CPUC to Consider Issues Related to Providers of Last Resort – Will the Commission Recognize Modern Trends of Retail Choice?

Pursuant to Senate Bill (SB) 520, the California Public Utilities Commission (CPUC) issued an Order Instituting Rulemaking (OIR) on March 25, 2021, to address issues related to providers of last resort (POLR) requirements. In…more

CPUC, Electricity, Energy Sector, Utilities Sector

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Amy Kabaria

HHS Publishes Guidance on Using Online Tracking Technologies Under HIPAA

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued a bulletin on December 1, 2022, clarifying that "regulated entities are not permitted to use tracking technologies in a manner that would…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Caesar Kalinowski IV

FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry

It took years, but DWT's cannabis group prevailed in obtaining U.S. Customs and Border Protection's (CBP) policy on the admissibility of non-citizens with ties to legal foreign cannabis businesses…more

Customs and Border Protection, FOIA, Foreign Nationals, Marijuana

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Vandana Kapur

California Wage and Hour Considerations During COVID-19

As employers navigate employee health and safety and government shutdown orders during the COVID-19 pandemic, they must do so while complying with California’s strict wage and hour laws. The new temporary “normal” is an…more

Coronavirus/COVID-19, Employee Benefits, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave

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Harris Kay

Navigating the Financial Markets Regulatory Landscape: Takeaways After the TOTSA Settlement

In the dynamic world of financial regulation, the Commodity Futures Trading Commission (CFTC) has been actively addressing market manipulation with enforcement actions to ensure market integrity. The CFTC's recent settlement…more

Ambiguous, CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Enforcement Actions

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Wendy Kearns

[Webinar] Foundations of AI: What Tax-Exempt Organizations Need to Know - February 26th, 11:00 am - 12:00 pm PT

Join us for the first AI Across Industries webinar of 2025! Philanthropists, nonprofits, and other tax-exempt organizations have a laser focus on making our world better—now imagine the impact they could have as they harness…more

Artificial Intelligence, Business Operations, Continuing Legal Education, Machine Learning, Policies and Procedures

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Gavin Keene

Supreme Court Clarifies FCA Scienter Standard – Overturns 7th Circuit Decision

Ruling in case involving national retail pharmacies rejects the “objective reasonableness” standard for the False Claims Act - On June 1, 2023, the U.S. Supreme Court unanimously vacated the 7th Circuit's decision in U.S. ex…more

Drug Pricing, False Claims Act (FCA), Medicaid, Medicare, Pharmacies

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Kate Kennedy

The Importance of Establishing Prejudice in Bid Protests

Contractors filing bid protests necessarily focus on the alleged errors in the procurement process, as establishing these errors is essential to prevailing in the protest. However, a recent—and rare—decision by the Federal…more

Bid Protests, Federal Contractors, Federal Procurement Systems

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Jordan Keville

2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

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Terri Keville

Lights, Camera, Action!: HIPAA Enforcement for Camera Crews on Hospital Premises

HIPAA and 15-minutes-of-fame are not compatible. In September 2018, the federal Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that it had reached settlements with Boston Medical Center…more

Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals, OCR, PHI

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Judith Droz Keyes

[Webinar] Navigating a New Landscape: Union Recognition and Bargaining Questions for Progressive and Non-Profit Companies - January 16th, 12:00 pm - 1:00 pm PT

Davis Wright Tremaine's Labor and Employment Services group is pleased to invite you to a client webinar designed to help values-driven organizations navigate union recognition and bargaining. This informative session will…more

Collective Bargaining, Continuing Legal Education, Union Organizers, Union Representatives, Unions

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Monder Khoury

Out With the Old, In With the New: California Revamps Its Department of Business Oversight

On September 25, 2020, California Governor Gavin Newsom signed the California Consumer Financial Protection Law (CCFPL), Assembly Bill 1864, which replaces the Department of Business Oversight (DBO) with the new Department of…more

Debt Collectors, Department of Business Oversight, Financial Institutions, Financial Services Industry, FinTech

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Christina Kim

FTC Issues Staff Report on Consumer Recognition of Paid Advertising

The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts…more

Advertising, Disclosure Requirements, Federal Trade Commission (FTC), Native Advertising

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Thomas Kim

Oregon and Seven Other States Suspend Bottle Deposit Redemption Enforcement During COVID-19 Pandemic

Eight of the ten U.S. states with beverage container redemption programs have temporarily suspended enforcement actions against retailers for failing to accept empty beverage containers for redemption under so-called "bottle…more

Coronavirus/COVID-19, Non-Enforcement, Relief Measures, Retailers

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Patricia Kinaga

California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,…more

CA Supreme Court, Cal Code of Civil Procedure, Coronavirus/COVID-19, Duty of Care, Employer Liability Issues

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Daniel Klein

FERC to Revoke Market-Based Rate Authority for Parties Not Complying with New Requirements by October 7

The Federal Energy Regulatory Commission (FERC) has issued an order with major implications for sellers with market-based rate (MBR) authority. Issued at the FERC’s meeting on September 22, 2022, the order provides notice to…more

Electricity, Energy Market, Energy Sector, FERC

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Richard Klobucher

DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Paige Knight

Reg Reform Update – Financial Regulations To Be Clarified or Repealed

While tariff policy has captured headlines, four recent regulatory reform policy developments are nevertheless significant for the financial services industry. These developments are tied to increasing presidential control over…more

Administrative Procedure Act, Banks, Cryptocurrency, Department of Justice (DOJ), Executive Orders

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Jesse Kobernick

Getting to Closing

This is the final article in our series on selling the family business. Our previous articles include advance planning, preliminary diligence, marketing, letters of intent, indemnification provisions, backstopping the deal,…more

Buy-Sell Agreements, Closing Documents, Family Businesses, Selling a Business

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Filipp Kofman

FinCEN Warns of Criminal Use of Deepfake Technology to Circumvent Controls

Generative artificial intelligence (AI) holds tremendous promise for financial institutions and their customers. But that promise comes with potential peril, as highlighted in a recent alert issued by the U.S. Treasury…more

Anti-Money Laundering, Artificial Intelligence, Bank Secrecy Act, Deep Fake, Financial Institutions

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Michael Kolvek

COVID-19 State of Emergency Orders Are Sunsetting in California

Earlier this year, Governor Gavin Newsom announced that the State of California's COVID-19 State of Emergency will end on February 28, 2023. Since then, numerous localities have announced the end of their own states of…more

Coronavirus/COVID-19, Governor Newsom, Health and Safety, Infectious Diseases, Public Health

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Warren Koons

Carbon Offsets 101: Big Gains (and Some Growing Pains) in Forest Carbon Offset Markets

Companies looking to reduce their climate impacts and greenhouse gas (GHG) emissions use a variety of tools to do so: buying renewable electricity (especially solar and wind); improving the efficiency of energy-hungry…more

Carbon Emissions, Energy Efficiency, Greenhouse Gas Emissions, Renewable Energy, Sustainability

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Harry Korrell

Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

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Thomas Kost

FinCEN Warns of Criminal Use of Deepfake Technology to Circumvent Controls

Generative artificial intelligence (AI) holds tremendous promise for financial institutions and their customers. But that promise comes with potential peril, as highlighted in a recent alert issued by the U.S. Treasury…more

Anti-Money Laundering, Artificial Intelligence, Bank Secrecy Act, Deep Fake, Financial Institutions

See all updates »

Victor Kovner

Executive Order "Clarifies" (Rewrites) Online Speech Protections

A May 28, 2020, Executive Order claims to "clarify" a vital protection for internet speech, Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and proclaims that online platforms are public forums under the First…more

Executive Orders, Internet Speech, Online Platforms, Social Media

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Antonija Krizanac

Battling the Heat: OSHA's New Rules for Construction Safety

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) took significant steps to address the risk of heat exposure in the workplace, particularly in the construction industry. This initiative is driven by the…more

Construction Industry, Employee Monitoring, Employee Training, Heat Exposure, Incident Response Plans

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Edlira Kuka

Two FCC Actions on AI: Penalties for Deepfake Robocalls With Spoofed Caller ID; Rulemaking on AI in Political Ads

The FCC recently issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $6 million fine on a political consultant for allegedly carrying out an illegal robocall campaign using caller ID spoofing and an…more

Artificial Intelligence, Deep Fake, Disclosure Requirements, Enforcement, FCC

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Ambika Kumar

303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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Michael Kunselman

Divided FERC Adopts Landmark Transmission Planning and Cost Allocation Final Rule

At a special open meeting held on May 13, 2024, the Federal Energy Regulatory Commission ("FERC" or "Commission") approved, by a 2-1 vote, a final rule reforming transmission planning and cost allocation requirements. The final…more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance, Construction Industry, FERC, Final Rules

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J. Riley Lagesen

Restaurant Revitalization Fund FAQs

Who Is an Eligible Entity? A restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public…more

American Rescue Plan Act of 2021, Bars, Business Expenses, Business Losses, Coronavirus/COVID-19

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Dan Laidman

California Supreme Court Removes Financial Barriers to Electronic Public Records Requests

In an important victory for government transparency, the California Supreme Court has strictly limited the costs that public agencies can demand from members of the public and the media who request public records in an…more

CA Supreme Court, Electronic Records, Public Records

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K. Liz Lam

Restaurant Revitalization Fund FAQs

Who Is an Eligible Entity? A restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public…more

American Rescue Plan Act of 2021, Bars, Business Expenses, Business Losses, Coronavirus/COVID-19

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Tiffani Lambie

Project W: The Invisible Struggle for Black Women

Protect Black women. Believe Black women. Do better for Black women. That is the call to action from Tiffani Lambie, Director, DEI Operations at Davis Wright Tremaine. Tiffani shares her experience as Black woman in the…more

Black and Minority Ethnic (BME), Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Equal Protection

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Philip Lamborn

California Supreme Court: Employees Are Not Entitled to Wage Statement Penalties When Employer Acted in Good Faith

Earlier this week, a unanimous California Supreme Court held that employers have a viable good faith defense to claims for statutory penalties arising out of wage statement violations. The Court's decision, in Naranjo v…more

CA Supreme Court, Good Faith, Labor Code, Labor Law Violations, Penalties

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John LeCrone

California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,…more

CA Supreme Court, Cal Code of Civil Procedure, Coronavirus/COVID-19, Duty of Care, Employer Liability Issues

See all updates »

Stephen Ledoux

Solar Leasing with Governments: Key Issues for Developers to Keep in Mind

According to Secretary of Energy J.M. Grantholm, solar is our cheapest and fasting-growing source of clean energy. And, under a scenario outlined in the U.S. Department of Energy's Solar Futures Study, by 2035 the solar energy…more

Clean Energy, Electricity, Energy Sector, Solar Energy

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Alicia LeDuc

Selling the Family Business: Dispute Resolution Mechanisms

Unlike in litigation, most parties to an M&A transaction are actively working towards a shared, overarching goal. Namely, they both want to get the deal done expeditiously. However, it would be a mistake to assume that the…more

Arbitration, Buyers, Dispute Resolution, Family Businesses, Popular

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Matt LeMaster

[Webinar] Hotel Liquor Licensing - September 27th, 10:00am PST

Join DWT Partner Matt LeMaster and Associate Jeff Giametta for this webinar where they will provide practical advice for dealing with the ins and outs of retail and hotel liquor licensing, including acquisition diligence,…more

Acquisitions, Alcohol Beverage Control, Continuing Legal Education, Corporate Structures, Hospitality Industry

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Kristal Leonard

Supreme Court Concludes Paying on a Daily Rate Cannot Meet the Salary Basis Test for Exempt Status

The United States Supreme Court recently decided a case particularly important to employers who pay employees a daily rate. In Helix Energy Solutions Group, Inc. v. Hewitt, the Court concluded that paying an employee a daily…more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, Salaried Employees

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Megan Leonard

COVID-19 Telehealth Flexibilities Extending and Enduring

In the wake of an end of year filled with intense negotiations and political wrangling, Congress has successfully enacted the American Relief Act, 2025 ("the Budget Bill" or "legislation"), narrowly averting a government…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Health Insurance, Healthcare

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Hope Levy-Biehl

2021 OPPS and ASC Payment System Final Rule: Change Is the Only Constant

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) released the calendar year 2021 Final Rule implementing changes to the Medicare hospital Outpatient Prospective Payment System (OPPS) and Ambulatory…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Medicaid, OPPS

See all updates »

Ame Wellman Lewis

California Regulator Previews Intentions for Cybersecurity, Privacy, and Automated Decisionmaking Regulations

The CPPA kicked off a first round of rulemaking in May 2022 and finalized that set of rules in March of this year. At the latest California Privacy Protection Agency (CPPA) meeting, the CPRA Rules Subcommittee (Rules…more

Artificial Intelligence, Audits, Automated Systems, California, California Privacy Protection Agency (CPPA)

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Andrew Lewis

FedRAMP 20x Initiative Promises Major Changes for Federal Cloud Service Providers

Major changes are coming again to the Federal Risk and Authorization Management Program ("FedRAMP"), the federal government's cybersecurity authorization program for cloud service providers ("CSPs")…more

Automated Systems, Cloud Computing, Cybersecurity, Data Security, FedRAMP

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Nancy Libin

DOJ Issues Guidance on Foreign Data Access Rule, Announces Conditional 90-Day Enforcement Pause for "Good Faith Efforts"

The Department of Justice (DOJ) has issued guidance on its recently effective rule targeting foreign adversaries that "use commercial activities to access, exploit, and weaponize U.S. Government-related data and Americans' bulk…more

Biden Administration, Compliance, Data Security, Department of Justice (DOJ), Enforcement Actions

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Douglas Litvack

Antitrust State of Play for Healthcare Providers Under a New Administration - Part I: Mergers and Acquisitions

Antitrust scrutiny of large technology companies may be in the headlines, but what some have dubbed "Big Med" is being eyed by the Biden Administration and federal agencies for heightened antitrust enforcement. Hospitals,…more

Enforcement, Federal Trade Commission (FTC), Health Care Providers, Merger Reviews

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Leah Lively

[Webinar] What You Don't Know Might Hurt You: New 2019 Oregon Employment Laws - June 25th, 10:00am PT

The Oregon legislature is considering very significant changes to Oregon employment laws in 2019 – there are more than 60 new laws proposed that, if enacted, will directly impact your employment practices…more

Anti-Harassment Policies, Continuing Education, Continuing Legal Education, Employment Policies, Marijuana

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Lynn Loacker

Project W: The Next Generation of Venture Capitalists Is Here

Reflecting on a recent article about a moment of transition in the venture capital industry, Lynn Loacker, Founder and Managing Director of Project W, considers how that transition is well under way and how the next generation…more

Diversity, Innovation, Investors, Portfolio Companies, Venture Capital

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Kelly Logue

New Form Factors in Cobrand and Private-Label Credit Card Program Agreements

Most current cobrand and private-label agreements involve one or, more usually, two parties that are issuing, branding or developing non-traditional form factors alongside or in lieu of plastic cards. Some of these form factors…more

Brand, Credit Cards, Mobile Payments, Servicing Agreements

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Ronald London

FCC Adopts Rules for TRACED Act Review of Autodialer and Prerecorded-Call Exceptions

The Federal Communications Commission (FCC) has complied with the directive in the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) to review the regulatory exceptions to restrictions on autodialed…more

Auto-Dialed Calls, FCC, Robocalling, TCPA, Telecommunications

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Andrew Lorentz

Proposed Visa/Mastercard Interchange Fee Settlement – A Sea Change or Drop in the Ocean for Merchants?

The series of antitrust class action lawsuits first brought by U.S. merchants against Visa and Mastercard in 2006 continued its winding path toward closure as the parties announced in March 2024 that they had reached a proposed…more

Antitrust Litigation, Class Action, Credit Cards, Discrimination, Excessive Fees

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Kelly Luzania

Bottle Bill Changes in California and Oregon Will Soon Affect Wineries and Distilleries

Ten U.S. states have beverage container redemption laws, more commonly referred to as "bottle bills." Recent bottle bill changes in California and Oregon will soon impact the alcohol industry through the addition of canned wine…more

Beverage Manufacturers, California, Compliance, Dealers, Distilleries

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Michael Lynch

New York City Employers Must Post and Distribute Recently Issued "Workers' Bill of Rights"

By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also…more

Anti-Discrimination Policies, City of New York, Compensation & Benefits, Disability Benefits, Employee Rights

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Jesse Lyon

Biden Executive Order on Competition Casts a Spotlight on Beer, Wine, and Liquor

The Biden Administration's Executive Order on Promoting Competition in the American Economy is bringing some unexpected attention to the alcoholic beverages industry. The long-term impact will be determined by what the federal…more

Biden Administration, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Liquor

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David Maas

FTC's Hospital Merger Win Streak Ends

On Monday morning, the Federal Trade Commission quietly added a sentence to its web page dedicated to the Commission's challenge of a proposed merger of two health systems in Philadelphia's northern suburbs, Thomas Jefferson…more

Federal Trade Commission (FTC), Healthcare Facilities, Hospital Mergers, Hospitals, Mergers

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Traeger Machetanz

Armed Services Board of Contract Appeals Restrictively Interprets Standard Government Release Language

The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear…more

Armed Services Board of Contract Appeals, Construction Contracts, Construction Litigation, Contract Disputes, Contract Drafting

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Kara Maddalena

New Guidance Issued on Mandatory and Optional Catch-Up Provisions Under SECURE 2.0

New guidance facilitates the implementation and operation of two important SECURE 2.0 features: mandatory Roth catch-up contribution rules for high-income participants, and the optional "super" catch-up contributions permitted…more

401k, Employee Benefits, Internal Revenue Code (IRC), IRS, Proposed Regulation

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Tyler Maffia

COVID-19 State of Emergency Orders Are Sunsetting in California

Earlier this year, Governor Gavin Newsom announced that the State of California's COVID-19 State of Emergency will end on February 28, 2023. Since then, numerous localities have announced the end of their own states of…more

Coronavirus/COVID-19, Governor Newsom, Health and Safety, Infectious Diseases, Public Health

See all updates »

Robert Maguire

Washington Tightens Restrictions on Noncompetition Agreements

Employers in Washington State will soon face greater obstacles entering into and enforcing noncompetition agreements. On May 8, 2019, Governor Jay Inslee signed new legislation, ESHB 1450 (informally referred to as the…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing

See all updates »

Carolyn Mahoney

FCC Announces Top 10 National Nonbroadcast Network Rankings for 2024-2027 Audio Description Requirements

On November 30, 2023, the Federal Communications Commission's (FCC) Media Bureau released a Public Notice announcing national nonbroadcast network rankings ahead of the next triennial update to the list of networks subject to…more

Children's TV Programming, Disability Access Claims, FCC, Hearing-Impaired, Public Notice

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James Mann

Basel Endgame Rules: A Change Is Coming

The Announcement and Its Sources - Last week, the vice chairman of the Federal Reserve Board, Michael S. Barr, gave prepared remarks at the Brookings Institution announcing a significant recalibration of the Fed's Basel…more

Administrative Procedure Act, American Bankers Association, Capital Markets, Federal Reserve, Lending

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Lynn Manolopoulos

Could Your Property Be Contaminated? And Do You Want to Know?

Avoiding Information Gathering About Your Property’s Potential Environmental Contamination May Not Do Your Business Any Favors - Do you own a piece of property that may be contaminated? We often hear clients say they do not…more

Contaminated Properties, Contamination, Property Damage, Property Owners

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Florence Mao

2019 Oregon New Employment Laws

The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon…more

Disability Discrimination, Hiring & Firing, Lactation Accommodation, Non-Compete Agreements, Pregnancy

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Alexandra Marinzel

New Administration Outlook: SEC Crypto Task Force Leader Outlines Regulatory "Journey"

On February 4, 2025, Commissioner Hester Peirce—head of the SEC's new Crypto Task Force—authored a Statement, posted on the SEC's website, titled "The Journey Begins." Her Statement analogizes from early childhood road trips to…more

Crowdfunding, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

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Rachel Marmor

Federal Regulators' Artificial Intelligence Initiative Is a Promising Development for Financial Industry (Update)

Update: On May 17, 2021, the agencies extended the deadline for comments from June 1, 2021, to July 1, 2021. The text of this post has been updated accordingly…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Financial Services Industry, Machine Learning

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Erik Mass

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather…more

Appeals, Class Action, Compliance, Department of Labor (DOL), Employment Litigation

See all updates »

Cameron Matheson

Securities Class Actions: Data, Trends, and Insights

The number of securities class actions filed last year fell for the fourth year in a row. But these time-consuming, costly litigations still target 5 percent of all S&P 500 companies in an average year, and settlement costs rose…more

Class Action, Corporate Counsel, Misleading Statements, Rule 10b-5, Securities Exchange Act

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Billy Matthews

The Regulatory Trio: Long-Term Debt and Resolution Plan Proposals Signal Need for Greater Clarity and Simplification

On August 29, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (collectively, FBAs) issued requests for comment…more

Banking Sector, Bankruptcy Code, Debt, Dodd-Frank, FDIC

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Ryan Maughn

UPDATE : 5th Circuit Reinstates Injunction Pausing Enforcement of the Corporate Transparency Act

After a preliminary injunction temporarily halted the enforcement of the Corporate Transparency Act ahead of its January 1, 2025 reporting deadline for companies formed prior to 2024, the Fifth Circuit has lifted the injunction…more

Appeals, Beneficial Owner, Corporate Transparency Act, Department of Justice (DOJ), Enforcement

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Andrew McCardle

California Communications Infrastructure Mid-Year Update

As predicted in our earlier post, here at the mid-way point of 2022 we have seen a number of significant regulatory developments related to communications infrastructure in California. In the first half of 2022, the California…more

CPUC, Infrastructure, Public Utility, Utilities Sector

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Hugh McCullough

Decision of the Ninth Circuit Court of Appeals in Garvin v. Cook Investments NW, Case No. 18-35119 (9th Cir. May 2, 2019)

In an earlier update, we told you about an appeal pending in the U.S. Court of Appeals for the Ninth Circuit that would decide whether a landlord receiving rent from someone involved in the state-legal cannabis industry could…more

Appeals, Bankruptcy Code, Chapter 11, Landlords, Marijuana Related Businesses

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Michael McDonald

CFTC Eliminates PTMMM Disclosure Requirements for Swap Entities

On April 4, 2025, the CFTC's Division of Market Participants issued No-Action Letter 25-09 regarding the controversial Pre-Trade Mid-Market Mark ("PTMMM") requirements in CFTC Regulation 23.431, effectively eliminating the PTMMM…more

CFTC, Disclosure Requirements, Enforcement Actions, Financial Markets, Financial Services Industry

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Kasey McGee

FCC Adopts New Accessibility Requirements for Video Conferencing Services - Update

Update as of January 10, 2025: In a Public Notice released on January 3, 2025, the FCC announced that a summary of the Second R&O was published in the Federal Register on December 15, 2024, establishing January 13, 2025, as the…more

Accessibility Rules, Compliance, FCC, Final Rules, Notice of Proposed Rulemaking (NOPR)

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Zoë McKinney

303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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Ally McLain

New Year, New Policies: Oregon Employers, Update Your Employee Handbook for 2025

With the new year upon us, employers should review their employee handbooks and ensure they are compliant with more recent updates to both Oregon and federal law…more

Anti-Discrimination Policies, Bias, Discrimination, Employee Rights, Employment Policies

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Elizabeth McNamara

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the First…more

Actual Malice, Counterman v Colorado, Criminal Liability, Cyber-Stalking, Dissenting Opinions

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Shannon McNeal

Thomson Reuters v. Ross Intelligence: Copyright, Fair Use, and AI (Round One)

Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyrightable Subject Matter

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P. Andrew McStay Jr.

New Oregon Law Targets Non-Competes (Again)

Over the past several years, Oregon's legislature has whittled away at non-competition agreements with the focus on increasing employee mobility and autonomy. Non-competition agreements were once again a target for the…more

Employees, Governor Brown, Non-Compete Agreements, Oregon, Salaried Employees

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Rasheed McWilliams

Confused About the Washington My Health My Data Act?

The Washington Attorney General's (AG's) office released an FAQ that clarifies some important provisions of Washington's new My Health My Data Act (HB 1155)(MHMD), which was signed into law by Governor Jay Inslee on April 27,…more

Compliance, Corporate Counsel, Document Retention Policies, Enforcement, Health Insurance Portability and Accountability Act (HIPAA)

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James Mei

U.S. Travel & Visa Application Restrictions Connected to Coronavirus

President Trump has issued a Proclamation suspending entry into the United States for certain persons who pose a risk of transmitting the 2019 Novel Coronavirus…more

Centers for Disease Control and Prevention (CDC), Infectious Diseases, Travel Ban, Trump Administration, USCIS

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Marisa Meltebeke

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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Jeremy Ben Merkelson

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather…more

Appeals, Class Action, Compliance, Department of Labor (DOL), Employment Litigation

See all updates »

Bradley Miliauskas

FERC Seeks Public Comment on New Potential Reforms to Regional Planning of Electric Transmission and Generator Interconnection

On July 15, 2021, the Federal Energy Regulatory Commission (FERC) issued an Advance Notice of Proposed Rulemaking (ANOPR) that seeks public comment on a number of potential reforms to improve the electric regional transmission…more

Advanced Notice of Proposed Rulemaking (ANPRM), Electricity, Energy Sector, FERC, Public Comment

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Brad Miller

Lights, Camera, Legislation: Are Your Entertainment Contracts AI Ready?

With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and…more

Artificial Intelligence, Biometric Information, California, California Consumer Privacy Act (CCPA), Consent

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William Miner

Oregon Governor Orders 90-Day Moratorium on Some Commercial Evictions, Restates Moratorium on Residential Evictions for Nonpayment of Rent

On April 1, 2020, Oregon Governor Kate Brown issued Executive Order 20-13, limiting commercial landlords' ability to terminate leases for nonpayment of rent. The order provides that a commercial landlord cannot terminate a lease…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

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Alysa Mo

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many state…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Bostock v Clayton County Georgia, Civil Rights Act, Employment Discrimination

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Heather Moelter

New Administration Outlook: What's Next for the FCC After Trump's Executive Orders on Independent Agencies and Eliminating Regulations?

Asserting Executive Authority Over Independent Agencies: Assessing the Impact on the FCC - On February 18, President Trump issued an Executive Order entitled "Ensuring Accountability for All Agencies" (the "Accountability…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Executive Orders, FCC, Loper Bright Enterprises v Raimondo

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Soraya Mohamed

New Administration Outlook: What's Next for the FCC After Trump's Executive Orders on Independent Agencies and Eliminating Regulations?

Asserting Executive Authority Over Independent Agencies: Assessing the Impact on the FCC - On February 18, President Trump issued an Executive Order entitled "Ensuring Accountability for All Agencies" (the "Accountability…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Executive Orders, FCC, Loper Bright Enterprises v Raimondo

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Jenna Mooney

Biden's Executive Order Takes Aim at Non-Competes

On July 9, 2021, President Biden signed an Executive Order seeking to curtail the use of non-compete agreements and other terms of employment that arguably limit worker mobility—an area of employment law that has traditionally…more

Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC), Non-Compete Agreements

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Portia Moore

Trial Victory for Alaska Airlines: Five Takeaways for Employers

Following a four-week, virtual trial, Alaska Airlines (Alaska) received a complete defense verdict from a King County Superior Court jury on June 1, 2022. The case offers important takeaways for employers on handling…more

Employer Liability Issues, Employment Litigation, Trial Preparation, Witnesses

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Meghan Moran

ABCs of Distribution to Grocery

At Farm to Label, I presented a panel called “ABCs of Distribution to Grocery” with Brittany Sienia, Trade Analyst at Tillamook, Chris Tjersland, Partner Brands Development Manager at New Seasons and Ray VanWetten, Vice…more

Distributors, Grocery Stores, Retailers

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Missy Mordy

Washington Legislature Approves Prospective Notice and Cure Period for Wage Transparency Claims

Washington's Legislature finally took steps to help employers and mitigate against the unanticipated and harsh effects of Washington's job posting requirements that went into effect in January 2023. Late Tuesday night, the…more

Class Action, Employment Litigation, Equal Pay, Job Applicants, New Legislation

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Sheila Fox Morrison

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in…more

Advertising, Brand, Intellectual Property Protection, Marketing, Misleading Impressions

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Matthew Mues

Oregon Update: Two Significant Developments in the Project Labor Agreement and Community Work Agreement Saga

We've previously addressed Oregon Gov. Kotek's Executive Order No. 24-31 requiring the use of Project Labor Agreements on certain state construction projects. On March 24, 2025, Marion County Circuit Judge Thomas M. Hart issued…more

Administrative Procedure Act, Construction Contracts, Construction Industry, Executive Orders, Judicial Authority

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Tritia Murata

California Supreme Court Holds PAGA Plaintiff Lacks Standing to Intervene in Another Plaintiff’s Separate PAGA Action

In a long-awaited decision, the California Supreme Court resolved a split in appellate authority in Turrieta v. Lyft, Inc., holding that a plaintiff who files a claim under the state's Private Attorneys General Act (PAGA) does…more

CA Supreme Court, Employment Litigation, Lyft, Minimum Wage, Penalties

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Gillian Murphy

[Webinar] Washington and Oregon Leave Programs - June 29th, 12:00 pm - 1:30 pm PT

Many employers and employees remain confused by the intricacies of Oregon and Washington state’s leave programs. In this webinar, our speakers will provide an overview of Washington’s Paid Family and Medical Leave (PFML)…more

Continuing Legal Education, Employee Benefits, Employment Policies, Medical Leave, Multistate Employers

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Leslie Murphy

Anything But Routine: New UnitedHealthcare Line-Item Denial Process May Significantly Impact Hospital Reimbursement

UnitedHealthcare recently announced that it will implement a process effective December 1, 2024, under which United may deny charges for inpatient and outpatient facility services that United considers "routine."…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Reimbursements

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Celyra Myers

Jack Daniel’s v. VIP Products: Supreme Court Clarifies When Rogers Test Applies in Trademark Cases

On June 8, 2023, the Supreme Court issued a highly anticipated decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S.). The decision left intact existing legal protections for the use of trademarks and…more

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

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Jonathan Namazi

FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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Sanjay Nangia

Five Antitrust Tips for FinTech In-House Counsel

With the proliferation of financial technology used by consumers and merchants to conduct everyday transactions, financial institutions, tech unicorns, and start-ups alike are more eager than ever to integrate the next…more

Antitrust Provisions, Corporate Counsel, Financial Services Industry, FinTech

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Jamil Nasir

New FERC Filing Requirements Starting Soon for Electric Market-Based Rate Sellers

Sellers of wholesale electricity that have market-based rate (MBR) authority from the Federal Energy Regulatory Commission (FERC), or that will need to apply to FERC for such authority, should be aware of major regulatory…more

Electricity, Energy Market, Energy Sector, FERC

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Jeff Nelson

U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Lauren Nelson

New Guidance Issued on Mandatory and Optional Catch-Up Provisions Under SECURE 2.0

New guidance facilitates the implementation and operation of two important SECURE 2.0 features: mandatory Roth catch-up contribution rules for high-income participants, and the optional "super" catch-up contributions permitted…more

401k, Employee Benefits, Internal Revenue Code (IRC), IRS, Proposed Regulation

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Mark Nelson

FCC Imposes Robocall Obligations on Gateway Providers, New Blocking Requirements on Downstream Providers

The Federal Communications Commission (FCC) has adopted a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking that, among other things, imposes significant robocall mitigation requirements on…more

Call Blocking, FCC, Robocalling, Telecommunications, TRACED Act

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John Nelson Jr.

CPUC Order Sparks Major Changes in California's VoIP Regulations

On November 12, 2024, the California Public Utilities Commission (CPUC) issued Decision (D.) 24-11-003, "Establishing a Regulatory Framework for Telephone Corporations Providing Interconnected Voice over Internet Protocol…more

California, Fees, Filing Requirements, Licensing Rules, New Regulations

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Lisa Nichols

[Webinar] Navigating a New Landscape: Union Recognition and Bargaining Questions for Progressive and Non-Profit Companies - January 16th, 12:00 pm - 1:00 pm PT

Davis Wright Tremaine's Labor and Employment Services group is pleased to invite you to a client webinar designed to help values-driven organizations navigate union recognition and bargaining. This informative session will…more

Collective Bargaining, Continuing Legal Education, Union Organizers, Union Representatives, Unions

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Alexandra Nicholson

U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Dayna Nicholson

[Ongoing Program] Healthcare Regulatory and Compliance Seminar: Telehealth, and Government Investigations of Health Care Providers - March 24th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance. This year’s seminar will take place virtually on March 15, March 17, March 22, and…more

Antitrust Violations, Business Development, CEOs, CFOs, Chief Compliance Officers

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Carol Noonan

New 2014 Oregon Employment Laws

Oregon employers are directly affected by several new laws recently passed by the legislature. Most changes went into effect on Jan. 1, 2014, unless otherwise noted. We’ve compiled a summary of the most significant changes for…more

Compliance, Employee Rights, Minimum Wage, Paid Leave, Passwords

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Beatrice Nuñez-Bellamy

E-Signing Arbitration Agreements in a Remote World

A recent California Court of Appeal decision (Bannister v. Marinidence OPCO, LLC) provides employers with important guidance about using electronic signatures to confirm acceptance of arbitration agreements with employees. This…more

Arbitration, Arbitration Agreements, E-SIGN, E-Signatures

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Michael O'Brien

New Administration Outlook: What Should Federal Contractors Do With Their DEI Programs?

Recipients of federal funding now have broad mandates but little guidance from the Trump Administration about employer DEI programs. Trump's new Executive Order "Ending Illegal Discrimination and Restoring Merit-Based…more

Anti-Discrimination Policies, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies

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Barry O'Connell

New Administration Outlook: The SEC Crypto Task Force Manifesto, Unpacked

There is no question that the Trump Administration is taking a markedly different approach to crypto regulation compared to the Biden Administration. The turning of the tide began when the White House nominated former PayPal…more

Blockchain, CFTC, Cryptocurrency, Digital Assets, Enforcement Actions

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Shannon O'Neil

FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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Christopher Ott

“CLOUD”s On the Horizon – How Law Enforcement Electronic Data Requests Are Going Global

Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records…more

CLOUD Act, Criminal Investigations, Electronically Stored Information, Search Warrant, Subpoenas

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Andrew Owens

Credit Card Late Fees Scrutinized by CFPB

Financial institutions' longstanding practice of charging fees to consumers for the late payment of credit card debts is under scrutiny from the Consumer Financial Protection Bureau (CFPB) and its Director, Rohit Chopra. Despite…more

CARD Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Late Fees

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Ellie Pakzad

Nationwide Injunction Pauses Enforcement of the Corporate Transparency Act

On December 3, 2024, a federal court issued a nationwide preliminary injunction blocking the enforcement of the Corporate Transparency Act (CTA). This injunction creates uncertainty ahead of the CTA's January 1, 2025, reporting…more

Corporate Transparency Act, Department of Justice (DOJ), Enforcement, Financial Crimes, FinCEN

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Diana Palacios

Los Angeles Safer at Home Order Does Not Exempt Entertainment Production

Over the weekend, Los Angeles County issued a revised version of its "Safer at Home" order that narrows the definition of "Essential Business."…more

Business Closures, Coronavirus/COVID-19, Entertainment Industry, Infectious Diseases, Operators of Essential Services

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Shontee Pant

303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling, the…more

303 Creative LLC v Elenis, Commercial Litigation, First Amendment, Free Speech, Public Accommodation

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Robertson Park

CFTC Releases Its Enforcement Results for FY 2024 Showing an All-Time High for Monetary Relief

On December 4, 2024, the CFTC's Division of Enforcement ("Division") released its enforcement results for Fiscal Year 2024. The results reflected an all-time high for monetary relief, mainly from its resolution of off-channel…more

Anti-Money Laundering, Commodity Exchange Act (CEA), Corporate Counsel, CTFC, Department of Justice (DOJ)

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Emily Parsons

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly…more

Antitrust Provisions, Department of Labor (DOL), Employer Liability Issues, Enforcement, Federal Trade Commission (FTC)

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Ken Payson

Maryland and Florida Take Divergent Approaches in Their 'Mini-TCPA' Laws

Continuing the trend of state interest in telephone and text message marketing regulation, this week Maryland and Florida took diverging approaches to amending their existing telephone and text message marketing laws (so called…more

Artificial Intelligence, Auto-Dialed Calls, Automotive Industry, Florida, Maryland

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Samin Peirovi

FERC Approves NERC Plan to Make Some Wind, Solar, and Storage Resources Subject to Reliability Standards

On May 18, 2023, the Federal Energy Regulatory Commission ("FERC") took one more step in its ongoing efforts to enhance and protect the reliability of the bulk power system by approving a work plan submitted by the North…more

Energy Storage, FERC, NERC, Reliability Standards, Solar Energy

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Spencer Persson

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day…more

Bad Actors, Breach of Contract, Class Action, Corporate Counsel, Data Breach

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Kevin Petrasic

The Revisit: Our Take on the U.S. Banking Agencies' Regulatory Capital Revamp

On July 27, 2023, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (collectively, FBAs) issued their long-awaited proposal…more

Banks, Data Collection, Dodd-Frank, EGRRCPA, FDIC

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Jessica Peyton Roberts

Project W: Embracing Her Heritage and Giving Back — Q&A with Jessica Roberts

Jessica Roberts, an associate in Davis Wright Tremaine's Business & Transactions Practice, draws on her personal background and knowledge of federal Indian law and tribal law to help clients transcend cultural barriers when…more

Native American Issues, Sovereign Territories, Territorial Disputes, Tribal Lands

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Martha Phelps

Electronics Right to Repair Laws Are Here – New York and Minnesota Lead the Way

On December 28, 2022, New York Governor Kathy Hochul signed the state's Digital Fair Repair Act into law. The Minnesota legislature quickly followed, passing its own version in May 2023. Interest in "right to repair" legislation…more

Manufacturers, OEM, Right to Repair, Technology Sector

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Michael Phillips

Can a Startup Pay a Transaction-Based Fee or Commission to Someone Who Helps Raise Capital?

We can't tell you how often we are presented with this question. For the most part, the answer is a clear "no," but why is that? The short answer is that—except under certain limited circumstances—it is likely illegal, it may…more

Broker-Dealer, Early Stage Companies, Fees, Finder's Fees, Finders

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Nicole Phillis

[Webinar] Second Annual Employment Services Seminar for Washington Metro Clients - November 19th, 10:00 am - 1:15 pm ET

Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!…more

Artificial Intelligence, Bias, Continuing Legal Education, Employee Mobility, Employer Liability Issues

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Raphael Holoszyc-Pimentel

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server. The…more

Copyright, Copyright Litigation, Direct Infringement, En Banc Review, Instagram

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Alexander Porter

Recently Announced DOJ Nationwide COVID-19 Fraud Takedown and Los Angeles City Attorney Settlement Focus on COVID-19 Testing

On April 20, 2022, the U.S. Department of Justice (DOJ) announced coordinated law enforcement actions targeting various COVID-19 fraud schemes. The law enforcement actions were filed in nine different federal districts…more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare Fraud, Kickbacks

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Vidhya Prabhakaran

Governor Newsom Weighs in on California Electricity Affordability Crisis

Governor Gavin Newsom signed Executive Order N-5-24 on October 30 to address California's "affordability crisis" with respect to electricity rates. From Newsom's press release: "We're taking action to address rising electricity…more

California, CARB, CPUC, Electricity, Governor Newsom

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Scott Prange

Washington LNI Issues Draft Rules Amid Wave of Pay Transparency Class Actions

For nearly two years, Washington employers with 15 or more employees have been required to disclose within job postings a salary range or wage scale, any other discretionary or nondiscretionary compensation, and a general…more

Class Action, Compensation, Damages, Disclosure Requirements, Good Faith

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Michele Radosevich

Rare Washington State Tax Amnesty Opportunity – Expires November 30!

The Washington State Department of Revenue has opened a window for more remote businesses to take advantage of its Voluntary Disclosure Program. We encourage you to share this news with your tax or finance teams to consider…more

Business Taxes, State and Local Government, State Taxes, Tax Amnesty, Voluntary Disclosure

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Lauren Rainwater

New Federal Privacy Bill Would Require Audits of Algorithmic Decision-Making

Senator Maria Cantwell (D-WA) and Democratic colleagues have proposed a sweeping data privacy bill that would require covered entities to audit certain "algorithmic decision-making" systems that use machine learning (ML) and…more

Algorithms, Artificial Intelligence, Audits, Machine Learning

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Katori Rameau

FCC's Enforcement Bureau Sanctions ViaTalk for Failing to Provide Product Support for Individuals with Disabilities

In late August 2021, the Federal Communications Commission's (FCC) Enforcement Bureau issued an Order and Citation to ViaTalk, LLC, for failing to fulfill its obligations under the Commission's accessibility rules in 47 C.F.R. §…more

Accessibility Rules, Disabilities, FCC, Telecommunications, Telecommunications Act

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Megan Raymond

Two Agencies Now Accepting Comments To Shape Renewable Energy Development in Washington State

Renewable energy developers and interested parties take note: Two Washington state agencies are accepting public comment on upcoming policies that will shape the future of renewable energy in Washington state…more

Environmental Impact Statements, Environmental Policies, Renewable Energy, Solar Energy, State Department of Fish and Wildlife

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Joseph Reece

Alaska Legislature Approves Lower Quorum Requirements for Alaska Native Corporations

The Alaska state legislature recently passed a bill reducing quorum requirements for certain Alaska Native Corporations at their annual shareholder meetings. Under HB 149, which is expected to be signed into law by Alaska…more

Corporate Governance, Native American Issues, New Legislation, Quorum, Shareholder Meetings

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Dana Reid

DWT Estate Planning Update

From time to time, we provide updates in the estate planning area. While the November 2022 federal elections resulted in a divided Congress that dampens the likelihood of major federal tax legislation, we thought this would be a…more

Capital Gains, Charitable Remainder Trust, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer

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Michael Rella

FTC's Non-Compete Rule Is Set Aside—Nationwide

In one of the most highly anticipated court rulings of the summer, on August 20, 2024, the U.S. District Court for the Northern District of Texas concluded that the FTC's Non-Compete Rule, which makes most non-compete agreements…more

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

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Christopher Renner

President Biden Signs Executive Order Encouraging Greater Regulation of Tech and Communications Companies

On July 9, 2021, President Biden issued a far-reaching Executive Order seeking to fight market concentration and anticompetitive practices across the entire U.S. economy, stating that "[a] fair, open, and competitive marketplace…more

Biden Administration, Competition, Executive Orders, FCC, Federal Trade Commission (FTC)

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Jibraun Riaz

California's New Employment Laws: Get Ready for 2025

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically…more

Anti-Discrimination Policies, Cal-OSHA, California, Discrimination, Employee Handbooks

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David Rice

California Governor Signs Three Bills Amending CCPA Provisions on Sensitive Information and Opt-Out Preferences in the Context of Mergers

During the final days of the California legislative session, which ended on August 31, 2024, the California legislature passed several privacy bills, described below, that would amend the California Consumer Privacy Act…more

Artificial Intelligence, California, California Consumer Privacy Act (CCPA), Corporate Counsel, Minor Children

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Ryan Richardson

Federal Banking Regulators Issue Final Third-Party Risk Management Guidance

On June 6, 2023, the Federal Reserve Board of Governors, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly issued final third-party risk management guidance for supervised banking…more

Banking Sector, Banks, Deposit Insurance, Final Guidance, Financial Institutions

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Benjamin Robbins

New Jersey Governor Signs Comprehensive Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado,…more

Advertising, Consumer Privacy Rights, COPPA, Data Protection, Enforcement Actions

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Blake Robinson

Washington Court of Appeals Reaffirms General Contractors' Duty To Maintain Safe Jobsite

If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a general…more

Appeals, Construction Litigation, General Contractors, Liability, Negligence

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Brant Rockney

California Near to Enacting Nation’s First Commercial Finance Disclosure Law

In the final days of its 2018 session, the California legislature sent a flurry of bills to Governor Jerry Brown’s desk on topics as diverse as net neutrality, school start times, and clean energy…more

Borrowers, Federal Reserve, Loans, Online Marketplace Lending, Small Business

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Monica Rodriguez

[Webinar] Second Annual Employment Services Seminar for Washington Metro Clients - November 19th, 10:00 am - 1:15 pm ET

Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!…more

Artificial Intelligence, Bias, Continuing Legal Education, Employee Mobility, Employer Liability Issues

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Paul Rodriguez

Meal or Rest Break Premiums Do Not Trigger Waiting Time or Wage Statement Penalties

Update February 10, 2021: This blog has been updated to reflect current guidance about California meal and rest break laws. On September 26, 2019, California’s Second District Court of Appeals in Gustavo Naranjo, et al. v…more

Employee Rights, Employer Liability Issues, Penalties, Rest and Meal Break, Wage and Hour

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Adam Romney

COVID-19 Telehealth Flexibilities Extending and Enduring

In the wake of an end of year filled with intense negotiations and political wrangling, Congress has successfully enacted the American Relief Act, 2025 ("the Budget Bill" or "legislation"), narrowly averting a government…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Health Insurance, Healthcare

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Kathryn Rosen

[Webinar] 2020 Employment, Immigration, and Benefits Legal Developments - What Did I Miss? The Year in Review (So Far) - October 7th, 10:00 am - 11:00 am PT

Even in the midst of the pandemic, we continue to see significant legal developments in the world of the workplace. To kick off our Fall Webinar Series, we begin with “What Did I Miss? The Year in Review (So Far)” We will…more

Continuing Legal Education, Coronavirus/COVID-19, Employee Definition, Employer Liability Issues, Employment Litigation

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James Rosenfeld

Thomson Reuters v. Ross Intelligence: Copyright, Fair Use, and AI (Round One)

Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyrightable Subject Matter

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Yonaton Rosenzweig

FTC v. PepsiCo: Another Attempt to Resurrect the Robinson-Patman Act Ahead of Administration Changes

In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) followed up its recent resurrection of the Robinson-Patman Act (RPA) with another RPA suit—now, alleging price discrimination through promotional…more

Advertising, Antitrust Provisions, Competition, Consumer Protection Laws, Enforcement Actions

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Christiane Roussell

California's Agricultural Employee Overtime Phase-In Thresholds Are Now in Effect

Over two years ago, California passed the Phase-In Overtime for Agricultural Workers Act of 2016, which required a modification of Industrial Welfare Commission Order No. 14-2001 ("Wage Order No. 14") to create a schedule that…more

Agricultural Sector, Agricultural Workers, Employer Liability Issues, Over-Time, Wage and Hour

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Kristal Rovira

New Administration Outlook: The Future of Government Payments – No More Paper Checks Later This Year

New executive order mandates a general transition to electronic payments and the elimination of paper checks for federal payments, such as distributing tax refunds, Social Security benefits, veterans' benefits, and other key…more

Cybersecurity, Data Privacy, Executive Orders, Financial Services Industry, FinTech

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Andrew Row

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day…more

Bad Actors, Breach of Contract, Class Action, Corporate Counsel, Data Breach

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Kaj Rozga

FTC Seeks to Weigh In on Competition, Data Security in Cloud Computing

The federal government continues to put pressure on cloud service providers. On March 22, 2023, the Federal Trade Commission (FTC) issued a Request for Information (RFI) seeking public input on the market power and business…more

Cloud Computing, Cybersecurity Information Sharing Act (CISA), Data Security, Federal Trade Commission (FTC), FTC Act

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Kayla Ruben

IRS Extends Tax Treatment for Leave-Based Donation Programs for COVID-19 Relief Through the End of 2021

To enable employees to help victims of the pandemic, employers may establish leave-based donation programs for making cash contributions to charitable organizations described in Section 170(c) of the Internal Revenue Code (the…more

Charitable Donations, Coronavirus/COVID-19, Internal Revenue Code (IRC), IRS, Relief Measures

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Laura Sack

New York Governor Vetoes Legislation That Would Have Banned Post-Employment Noncompete Agreements

As we reported previously, in June 2023, both houses of the New York State legislature passed legislation that would have banned post-employment noncompete agreements in New York. While expectations had been high early on that…more

Governor Vetoes, Highly Compensated Employees, New York, Non-Compete Agreements, Proposed Legislation

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Kevin Saer

Summary of Paycheck Protection Program Flexibility Act of 2020 (Updated)

Update June 08: This blog has been updated to reflect current guidance about the Paycheck Protection Program Flexibility Act of 2020. The U.S. House and Senate recently passed the Paycheck Protection Program Flexibility Act of…more

CARES Act, Loan Forgiveness, Loans, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Kelli Sager

California Supreme Court Removes Financial Barriers to Electronic Public Records Requests

In an important victory for government transparency, the California Supreme Court has strictly limited the costs that public agencies can demand from members of the public and the media who request public records in an…more

CA Supreme Court, Electronic Records, Public Records

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Roy Salins

New York Assembly Considering Bill To Create Consideration and Revocation Periods for All Severance Agreements

New York employers should be aware of the potential need for changes to their separation agreements that would require consideration and revocation periods for all employees, regardless of age. The New York State Senate passed…more

Compliance, Employee Rights, Employment Contract, Employment Litigation, Employment Policies

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Lindsay Samuel

[Webinar] What’s Next? How the Biden Administration Will Impact Employers, and What You Can Do to Plan Ahead - January 21st, 12:00 pm - 1:30 pm PT

What can employers expect from the incoming Biden Administration, and how can they plan to stay ahead of expected Executive and Legislative action? In this webinar, our panel of employment, labor, immigration, and employee…more

Benefit Plan Sponsors, Biden Administration, Continuing Legal Education, Coronavirus/COVID-19, Diversity and Inclusion Standards (D&I)

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Victoria Samuels

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2025

On March 3, 2025, the Federal Communications Commission (FCC) released a Public Notice reminding service providers and equipment manufacturers to maintain records documenting compliance efforts to make their technology…more

Certifications, Compliance, CVAA, Data Collection, FCC

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Mary Sanden

Get Ready for June 7, 2018: New Washington Laws Address the #MeToo Movement

Washington State recently passed several employment-related laws that take effect on June 7, 2018. These laws: - Void nondisclosure agreements that prevent employees from disclosing workplace sexual harassment; - Prohibit…more

#MeToo, Arbitration, Employer Liability Issues, Non-Disclosure Agreement, Sexual Harassment

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Christopher Savage

Supreme Court Allows Treble-Damage False Claims Actions To Proceed Against E-Rate Service Providers

Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that allows…more

Compliance, Damages, Enforcement Actions, False Claims Act (FCA), FCC

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Alison Schary

Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

Oleg Cassini, the designer who created Jacqueline Kennedy’s iconic styles, had been linked or married to the most beautiful women of his day – Grace Kelly, Marilyn Monroe, Anita Ekberg, Gene Tierney, among countless others. But…more

Dismissals, Intentional Infliction of Emotional Distress, Libel, Statute of Limitations

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Harvey Schochet

California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements

The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to…more

Bank of America, Borrowers, Foreclosure, Fraud Exception, Lenders

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Thomas Schroeder

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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William Schuerman

First Impressions on CFPB's Proposed Open Banking Rule: Considerations for Key Stakeholders

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) released its long-awaited "Required Rulemaking on Personal Financial Data Rights" (Proposed Rule) for public comment. The Proposed Rule was issued under…more

Compliance, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumers, Data Privacy

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Cathleen Schultz

Affordable Connectivity Program Ending April 2024 Unless Congress Provides Funding

In 2022, the Federal Communications Commission (FCC) launched the Affordable Connectivity Program (ACP) under a finite $14.2 billion Congressional appropriation that is now forecast to be exhausted by April 2024. The FCC has now…more

Broadband, FCC, Internet, Internet Service Providers (ISPs), Telecommunications

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Cody Emily Schvaneveldt

What Is "Work Share Oregon" and How Can It Help Avoid Layoffs? (Updated)

Update May 5: This blog has been updated to reflect additional guidance about Work Share Oregon. Oregon's Work Share program seeks to prevent layoffs by enabling employers to enter into a voluntary agreement with the Oregon…more

Coronavirus/COVID-19, Layoffs, Relief Measures, Wage and Hour, Work Share

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Robert Scott Jr.

Broadcasters Need To Pay Heed to FCC's EEO Requirements

The Federal Communications Commission recently reinstated commercial and noncommercial television and radio broadcasters' obligation to annually report workforce composition data, including the gender, race, and ethnicity of…more

Anti-Discrimination Policies, Broadcasting, Compliance, EEO, Enforcement Actions

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Jonathan Segal

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film, television,…more

Artificial Intelligence, Attorney's Fees, Copyright, Copyright Office, Deep Fake

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John Seiver

New Administration Outlook: What's Next for the FCC After Trump's Executive Orders on Independent Agencies and Eliminating Regulations?

Asserting Executive Authority Over Independent Agencies: Assessing the Impact on the FCC - On February 18, President Trump issued an Executive Order entitled "Ensuring Accountability for All Agencies" (the "Accountability…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Executive Orders, FCC, Loper Bright Enterprises v Raimondo

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Lisette Sell

IRS Releases 2025 Cost-of-Living Adjusted Limits for Benefit Plans

The Internal Revenue Service recently announced 2025 dollar limits for qualified retirement plans (including 401(k) plans), deferred compensation plans, and health and welfare plans. Adjustments to certain limits are based on a…more

401k, Cost-of-Living Adjustment (COLA), Deferred Compensation, Health and Welfare Plans, IRS

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Evan Shapiro

The CFPB and the Technological Revolution

The Consumer Financial Protection Bureau (CFPB) Director Richard Cordray emphasized during the CFPB’s September 11, 2014, meeting with the Consumer Advisory Board the CFPB’s new focus on protecting consumers who use mobile…more

Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Mobile Apps, Mobile Devices, Mobile Payments

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Kerry Shea

PFAS Alert! Product Manufacturers and Importers Required To Report Products That Contain PFAS by January 2026

In September 2024, the Environmental Protection Agency ("EPA") announced an extension to the reporting period for its new Per- and Polyfluoroalkyl Substances ("PFAS") reporting and recordkeeping requirements under the Toxic…more

Corporate Counsel, Environmental Protection Agency (EPA), Importers, PFAS, Recordkeeping Requirements

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Rebecca Shelton

Washington Imposes New Limits on Pre-Employment Testing for Lawful Cannabis Use

Employers should review policies covering drug screening and controlled substances to ensure compliance by Jan. 1, 2024 - Employers in Washington who engage in pre-employment drug testing must re-evaluate their drug testing…more

Drug Testing, Employment Discrimination, Employment Policies, Marijuana, Pre-Employment Agreements

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Katherine Sheriff

Department of Transportation Request for Information Signals Growing Interest in AI in the Transportation Sector

On May 3, 2024, the U.S. Department of Transportation's (DOT) Advanced Research Projects Agency Infrastructure (ARPA-I) published a Request for Information (RFI) seeking comment from interested parties on potential applications…more

Artificial Intelligence, Department of Transportation (DOT), Employee Training, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Caitlin Shin

Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers?

On Nov. 4, 2014, Oregon voted to decriminalize, regulate, and tax the production, delivery, and possession of marijuana. Oregon joins Alaska, Colorado, Washington, and Washington, D.C. in legalizing recreational marijuana use…more

Decriminalization of Marijuana, Employment Policies, Marijuana, New Legislation

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Adam Sieff

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech…more

Anti-Discrimination Policies, Civil Rights Act, Colleges, Department of Education, First Amendment

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Megan Siekkinen

State Consumer Privacy Law Round-Up - February 2020

As the likelihood of the federal government passing a timely, workable national consumer privacy law before the November election decreases, states from coast to coast have been busy. According to the National Conference of…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

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Ross Siler

In Key Ruling, 1st Circuit Adopts "But-For" Causation Standard for FCA Claims Arising From Unlawful Kickbacks

On February 18, 2025, the U.S. Court of Appeals for the 1st Circuit issued a highly anticipated ruling interpreting the relationship between the False Claims Act ("FCA") and the federal Anti-Kickback Statute ("AKS"), holding…more

Anti-Kickback Statute, Appellate Courts, But For Causation, Causation, Department of Justice (DOJ)

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David Silverman

Broadcast Station Filings Due July 10, 2024

Issues/Programs Lists; Online Public File Reminder; Third-Party Fundraising by Noncommercial Broadcasters; Political Requests for Broadcast Time; Class A TV Eligibility; Foreign Government Program Certifications - By July 10,…more

Certifications, FCC, Filing Deadlines, Filing Requirements, Foreign Governments

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Arthur Simpson

Washington Enacts New Law That May Void Employment Contracts With Wholesale Sales Representatives

Washington companies that employ wholesale sales representatives should pay close attention to a new Washington law that will void certain types of provisions in legally required sales-representative employment contracts and…more

Employment Contract, Governor Inslee

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Alexander Sisto

Deadline Approaching: Covered Entities Must File Certifications of Compliance With Amended NYDFS Cyber Regulation by April 15

In November 2023, the New York Department of Financial Services (NYDFS) issued its second amendment to its "Cybersecurity Requirements for Financial Services Companies (the Cybersecurity Regulation or Part 500). This was the…more

Chief Information Security Officer (CISO), Compliance, Covered Entities, Cybersecurity, Filing Deadlines

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Stasia Skalbania

Electronics Right to Repair Laws Are Here – New York and Minnesota Lead the Way

On December 28, 2022, New York Governor Kathy Hochul signed the state's Digital Fair Repair Act into law. The Minnesota legislature quickly followed, passing its own version in May 2023. Interest in "right to repair" legislation…more

Manufacturers, OEM, Right to Repair, Technology Sector

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Maggie Sklar

CFTC Issues Staff Advisory Letters on DCO Regulation: Prime Brokerage Arrangements and Digital Assets

In May 2023, the Division of Clearing and Risk ("DCR") of the Commodity Futures Trading Commission ("CFTC") issued two Staff Advisory letters addressing areas of regulatory focus related to Derivatives Clearing Organizations…more

Advisory Opinions, CFTC, Commodity Exchange Act (CEA), Cryptocurrency, Derivatives Clearing Organizations

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Victoria Slade

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal contractors…more

Affirmative Action, Colleges, Department of Education, Diversity and Inclusion Standards (D&I), Higher Education Act

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Michael Sloan

Divided D.C. Circuit Remands FCC Retention of 1996 RF Limits

On August 13, 2021, a divided D.C. Circuit panel granted petitions for review of the Federal Communications Commission's (FCC) 2019 order that terminated a Notice of Inquiry concerning the FCC's guidelines for radiofrequency…more

FCC, Notice of Inquiry, Radiofrequency (RF), Telecommunications

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Aisha Smith

Federal Banking Regulators Issue Final Third-Party Risk Management Guidance

On June 6, 2023, the Federal Reserve Board of Governors, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly issued final third-party risk management guidance for supervised banking…more

Banking Sector, Banks, Deposit Insurance, Final Guidance, Financial Institutions

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Austin Smith

Plus Ca(lifornia) Change . . .

The only constant in California privacy law continues to be change, and the month of June was bookended by two major developments in this area. The final draft of the regulations implementing the California Consumer Privacy Act…more

Ballot Measures, Ballots, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Enforcement Actions

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Devin Smith

Washington's 'Safe Staffing Bill' – What All Healthcare Employers Should Know

Most Washington hospitals will soon be subject to a sweeping 30-page "Safe Staffing Bill" (Bill 5236), aimed at strengthening workplace standards. Starting January 1, 2024, covered hospitals, which is broadly defined to include…more

Collective Bargaining, Compliance, Enforcement, Healthcare, New Legislation

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Theodore Snyder

Securities Class Actions: Data, Trends, and Insights

The number of securities class actions filed last year fell for the fourth year in a row. But these time-consuming, costly litigations still target 5 percent of all S&P 500 companies in an average year, and settlement costs rose…more

Class Action, Corporate Counsel, Misleading Statements, Rule 10b-5, Securities Exchange Act

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Megumi Soga

Hidden Pitfalls in I-94s Threaten Foreign Worker Immigration Status Compliance

An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S. Customs…more

Compliance, Corporate Counsel, Customs and Border Protection, Department of Homeland Security (DHS), Foreign Workers

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Arielle Spinner

California Workplace Violence Prevention Law: What Employers Should Know Before July 1, 2024

In 2023, the California Legislature enacted a first-of-its-kind workplace violence prevention law that, unlike other workplace violence laws that apply to specific industries only (such as healthcare), applies across all…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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Eric Stahl

Washington State Passes New Anti-SLAPP Statute

Effective July 25, 2021, the state of Washington has a new anti-SLAPP statute—replacing the version that the Washington Supreme Court declared invalid in 2015. The statute restores important defenses for news organizations,…more

Anti-SLAPP, Defamation, Discovery, Free Speech, Washington

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Robert Stankey

FCC Investigating Role of Connected Car Services in Protection of Domestic Violence Survivors

On April 8, 2024, the FCC released a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on a number of issues under the Safe Connections Act (SCA) specifically related to connected car services. As indicated by…more

Domestic Violence, FCC, Investment, Notice of Proposed Rulemaking (NOPR)

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Walker Stanovsky

Significant Changes in CFTC's Final Guidance on Listing Voluntary Carbon Credit Derivatives

The Commodity Futures Trading Commission (CFTC) released its final guidance regarding Designated Contract Markets' (DCMs) listing of voluntary carbon credit (VCC) derivative contracts for trading, marking a pivotal development…more

Carbon Taxes, CFTC, Compliance, Contract Terms, Department of Justice (DOJ)

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Andrew Steen

2019 – The Year of Positive Planning

A few weeks have passed since the beginning of the New Year, and we suggest that it is time to check-in on your family business’ New Year’s resolutions. One resolution that should be on every family business’ list in 2019 is…more

Business Succession, Family Businesses, Succession Planning

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Gerald Stein

FTC v. PepsiCo: Another Attempt to Resurrect the Robinson-Patman Act Ahead of Administration Changes

In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) followed up its recent resurrection of the Robinson-Patman Act (RPA) with another RPA suit—now, alleging price discrimination through promotional…more

Advertising, Antitrust Provisions, Competition, Consumer Protection Laws, Enforcement Actions

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Linda Steinman

Second Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

On June 10, 2014, the Second Circuit issued its decision in Authors Guild v. HathiTrust, a copyright case involving mass digitization of university library collections. The case centered on whether three actions would be…more

Authors Guild, Books, Copyright, Copyright Infringement, Fair Use

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Lauren Dorsett

Legislation Proposed to Ban Mandatory Arbitration Clauses

On April 29, 2015, Senator Al Franken (D-MN) and Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2015 (AFA), which would amend the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), by…more

Arbitration, Federal Arbitration Act, Mandatory Arbitration Clauses, Proposed Amendments

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Tom Stout

New Administration Outlook: Guidelines for Healthcare Providers Responding to Immigration Enforcement Actions

Executive orders and changes to enforcement directives permitting Immigration and Customs Enforcement (ICE) and agents from other divisions of the Department of Homeland Security to enter sensitive locations, such as hospitals…more

Data Privacy, Department of Homeland Security (DHS), EMTALA, Executive Orders, Health Care Providers

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Rachel Strom

2nd Circuit to King of Bullshit News: "No Redo on Review: You Lose, Fake News."

Heavy is the head that wears the crown—and the head of Central European News (CEN) boss Michael Leidig must weigh a little heavier after the 2nd Circuit twice declined to revive his defamation lawsuit against BuzzFeed for…more

BuzzFeed, Libel, News Stories, Summary Judgment

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Barry Stulberg

[Webinar] Paths and Pitfalls on the Road to AI in Healthcare - July 18th, 11:00 am - 12:00 pm PT

Artificial intelligence-driven technology is transforming nearly everything that we can see and touch, with great promise for the healthcare industry. This webinar will explore the promise, pitfalls and other key considerations…more

Artificial Intelligence, Continuing Legal Education, Health Care Providers, Health Technology, Machine Learning

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Dipa Sudra

IRS Gives Green Light for Employee Choice Between Different Pre-Tax Benefits

Employees increasingly request (and expect) choice in their benefits. The Internal Revenue Service (IRS) recently released Private Letter Ruling 202434006 (PLR), which approved an employer's program allowing employees to…more

401k, Employee Benefits, Employee Contributions, Employer Contributions, HRA

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Sean Sullivan

What You Don't Know About NFTs Could Hurt You: Non-Fungible Tokens and the Truth About Digital Asset Ownership

Non-Fungible Tokens, or NFTs, are currently in the midst of the type of hype-cycle last seen in the blockchain/crypto world when Initial Coin Offerings were all the rage. On March 11, 2021, an NFT associated with a piece of…more

Blockchain, Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), Online Marketplace

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Sheehan Sullivan

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather…more

Appeals, Class Action, Compliance, Department of Labor (DOL), Employment Litigation

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Joanna Summerscales

D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various…more

Administrative Hearings, Advertising, Appeals, Clinical Trials, False Advertising

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Thaila Sundaresan

CPUC New Rulemakings for VoIP, Wireless & Broadband Providers

Since the 1970s, the California Public Utilities Commission (CPUC) has been setting minimum service quality standards for certain public utility telephone corporations. However, the CPUC recently adopted an Order Instituting…more

Broadband, CPUC, Telecommunications, VoIP, Wireless Industry

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Miriam Ricanne Swedlow

[Ongoing Program] Healthcare Regulatory and Compliance Seminar: Telehealth, and Government Investigations of Health Care Providers - March 24th, 10:00 am - 12:00 pm PT

Please join us for our annual healthcare compliance seminar to discuss current developments in healthcare regulation and hospital compliance. This year’s seminar will take place virtually on March 15, March 17, March 22, and…more

Antitrust Violations, Business Development, CEOs, CFOs, Chief Compliance Officers

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Daniel Szabo

[Webinar] Foundations of AI: What Tax-Exempt Organizations Need to Know - February 26th, 11:00 am - 12:00 pm PT

Join us for the first AI Across Industries webinar of 2025! Philanthropists, nonprofits, and other tax-exempt organizations have a laser focus on making our world better—now imagine the impact they could have as they harness…more

Artificial Intelligence, Business Operations, Continuing Legal Education, Machine Learning, Policies and Procedures

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Victoria Tallman

Seismic Shift in Determining Contractor Status: Unanimous California Supreme Court Adopts New Test for Evaluating Independent Contractor Classification

Companies and individuals have long used independent contractor relationships to provide workers greater flexibility and to lower costs. The California Supreme Court’s decision Monday in Dynamex rewrites the test for evaluating…more

ABC Test, CA Supreme Court, Delivery Drivers, Employer Liability Issues, Gig Economy

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Seth "Moe" Tangman

Delaware Enacts Sweeping Changes to the Delaware General Corporation Law

The Delaware Legislature passed, and Delaware Gov. Matt Meyer signed on March 25, 2025, the landmark Senate Bill 21. Senate Bill 21 amends the Delaware General Corporation Law (the "DGCL") in significant ways, with broad…more

Acquisitions, Business Judgment Rule, Controlling Stockholders, Corporate Governance, Delaware

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Mike Tarantino

Seattle Commercial Landlords Must Take Action To Comply With Commercial Guaranty Ordinance

Following years of bolstering residential tenant protections, Ordinance 126982 marks one of the City of Seattle's first major forays into policing the commercial landlord-tenant relationship. The ordinance, which went into…more

Affirmative Action, Commercial Leases, Commercial Tenants, Landlords, Liquidated Damages

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John Tate

Stolen Patient Information on Hospital Computer Not Considered “Medical Information” by California Appellate Court

The California Court of Appeal recently held that the release of an index identifying hospital patients did not constitute the release of medical information under California’s Confidentiality of Medical Information Act (CMIA),…more

Appeals, Data Breach, Healthcare, Hospitals, Medical Records

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Anne Marie Tavella

Navigating the Complexities of Recovering Attorneys' Fees in Government Contract Disputes

A recent Court of Federal Claims decision highlights the difficulties of recovering legal fees in government contracts disputes with the federal government that involve subcontractor claims. On March 11, 2025, in The CENTECH…more

Attorney's Fees, Breach of Contract, Construction Industry, Contract Disputes, Court of Federal Claims

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Landes Taylor

Restaurant Revitalization Fund FAQs

Who Is an Eligible Entity? A restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public…more

American Rescue Plan Act of 2021, Bars, Business Expenses, Business Losses, Coronavirus/COVID-19

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Grace Thompson

What Employers Should Know About the New California Privacy Law

Beginning January 1, 2023, companies with employees or contractors in California may need to comply with a new, robust data privacy law. In 2020, California voters approved the California Privacy Rights Act (CPRA), which…more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection, Data Security

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Jordan Thompson

Is It Time to Rethink the Process for Amending Online Agreements?

Online agreements are often favored by providers for their flexibility and for reducing friction in the customer contracting process. A particular benefit is the ability to update these agreements by providing notice to…more

Arbitration, Arbitration Agreements, Motion to Compel, Online Contracts, Terms of Service

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Brian Todd

Bipartisan Legislation Would Simplify Use of Digital Assets for Everyday Purposes

Consumers might be more likely to use cryptocurrencies for everyday retail purchases if legislation introduced by U.S. Senators Pat Toomey (R-Pa.) and Kyrsten Sinema (D-Ariz.) is enacted. Titled the Virtual Currency Tax Fairness…more

Cryptocurrency, Digital Assets, Internal Revenue Code (IRC), IRS, Virtual Currency

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Suzanne Toller

CPUC Order Sparks Major Changes in California's VoIP Regulations

On November 12, 2024, the California Public Utilities Commission (CPUC) issued Decision (D.) 24-11-003, "Establishing a Regulatory Framework for Telephone Corporations Providing Interconnected Voice over Internet Protocol…more

California, Fees, Filing Requirements, Licensing Rules, New Regulations

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Jean Tom

[Webinar] Foundations of AI: What Tax-Exempt Organizations Need to Know - February 26th, 11:00 am - 12:00 pm PT

Join us for the first AI Across Industries webinar of 2025! Philanthropists, nonprofits, and other tax-exempt organizations have a laser focus on making our world better—now imagine the impact they could have as they harness…more

Artificial Intelligence, Business Operations, Continuing Legal Education, Machine Learning, Policies and Procedures

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James Tomlinson

UPDATE: California Overhauls State Voice Surcharge System Effective April 1, 2023

*October 28, 2022 Update: On October 20, 2022, the CPUC unanimously approved a revised proposed decision. The final decision contains two important changes: (1) it moves the implementation date from January 1, 2023 to April 1,…more

CPUC, Public Utility, Surcharges, Utilities Sector

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Christie Totten

New Oregon Workplace Fairness Act Restrictions Take Effect

A new, more restrictive version of the Oregon Workplace Fairness Act took effect on January 1, 2023. Oregon employers remain limited in their ability to enter into certain terms in agreements with employees claiming…more

Employer Liability Issues, Employment Contract, Employment Discrimination, Employment Policies, State Labor Laws

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Rodrigo Tranamil

New York Court Ruling Could Slow 'Frequency of Pay' Lawsuits Brought by Manual Workers

Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This would…more

Appeals, Attorney's Fees, Class Action, Liquidity, New York

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Michael Treves

New Administration Outlook: Trump's Executive Order on Independent Agencies—and Asserting the Unitary Executive (Part 1)

Despite the tone and tint of recent headlines, President Trump's February 18, 2025, "Ensuring Accountability for All Agencies" Executive Order (the "Accountability EO") appears to be the latest in a long line of efforts to make…more

Administrative Procedure Act, Constitutional Challenges, Executive Orders, FDIC, Federal Reserve

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Mark Trinchero

6th Circuit Largely Affirms FCC Ruling That Most In-Kind Franchise Requirements Are Franchise Fees

On May 26, 2021, the U.S. Court of Appeals for the 6th Circuit affirmed most aspects of the Federal Communications Commission's (FCC) 2019 ruling that nearly all non-cash (or "in-kind") assessments required by cable franchises…more

Cable Operators, FCC, Franchise Fees, Franchisee

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Jonathan Trotta

FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to…more

Climate Change, Construction Project, FERC, Natural Gas, Natural Gas Act

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Kara Trowell

Lights, Camera, Legislation: Are Your Entertainment Contracts AI Ready?

With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and…more

Artificial Intelligence, Biometric Information, California, California Consumer Privacy Act (CCPA), Consent

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Matthew Tuchman

Reverse Preemption Roundup: Petition for Rulemaking Invites Massachusetts Regulators To Improve Pole Attachment Access for Broadband Providers

On November 14, 2024, GoNetSpeed, a telecommunications company providing high-speed fiber internet service in nine New England, Mid-Atlantic, and other states, filed a petition with the Massachusetts Department of…more

Broadband, Fiber Optic Cables, Proposed Rules, Reverse Preemption, Rulemaking Process

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David Ubaldi

Changes Being Proposed to Washington’s Industrial Stormwater Permit

On May 1, 2019, the Washington State Department of Ecology published a draft of the new Industrial Stormwater General Permit (New Permit), asking for all public comments by June 29. The New Permit is scheduled to go into effect…more

Comment Period, Discharge of Pollutants, General Permit, Storm Water, Stormwater Discharge Permits

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Giancarlo Urey

Supreme Court Clarifies Standard for Undue Hardship for Religious Accommodations

Employers must consider a new, more rigorous standard before concluding that a proposed accommodation for a religious belief or practice presents a new hardship, following the U.S. Supreme Court's ruling in Groff v. DeJoy. No…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Adrian Vallens

Lights, Camera, Legislation: Are Your Entertainment Contracts AI Ready?

With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and…more

Artificial Intelligence, Biometric Information, California, California Consumer Privacy Act (CCPA), Consent

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Joseph VanLeuven

Oregon Passes Sweeping Law to Protect Real Property and Residential Secured Borrowers

In response to COVID-19, on June 30, 2020 (effective date), Governor Brown signed into law HB 4204, adopted by the Legislative Assembly in its 2020 Special Session, which imposes significant limits on the default remedies of…more

Borrowers, Coronavirus/COVID-19, Foreclosure, Governor Brown, Notice Requirements

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Omar Vasquez

Proposed SAFE Banking Act Would Have Positive Effects on Legal Cannabis Industry

This advisory contains analysis of draft legislation that has not been passed by Congress or signed into law. On February 13, the House Financial Services subcommittee held its first hearing on a draft bill that could have a…more

Banking Sector, Financial Institutions, Financial Services Industry, Marijuana, Marijuana Related Businesses

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Farrah Vazquez

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film, television,…more

Artificial Intelligence, Attorney's Fees, Copyright, Copyright Office, Deep Fake

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Angela Vogel

EEOC Issues Final Regulations on the Pregnant Workers Fairness Act – Key Takeaways for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) unveiled final regulations and guidance on the new federal Pregnant Workers Fairness Act (PWFA). The final regulations and guidance contain detailed guidance to help…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), New Guidance

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Megan Vogel

H-1B Cap Lottery Season Commences on March 7, 2025

Employers seeking to hire foreign professionals in H-1B status need to prepare for the registration process. The annual lottery season commences in early March, and the short filing period lasts little more than two weeks…more

Compliance, Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals, Foreign Workers

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Ashley Vulin

New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing…more

Department of Agriculture, Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Food Safety

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Daniel Waggoner

[Webinar] AI, Big Data, and Cloud Conference - November 17th, 12:00 pm - 2:45 pm PT

Please join us for our annual exploration of cutting-edge legal, business, and technology issues in Artificial Intelligence, Big Data and the Cloud as these sectors become the most active and important for technology law and…more

Artificial Intelligence, Big Data, Biometric Information, California Consumer Privacy Act (CCPA), Cloud Service Providers (CSPs)

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Adam Waks

Dispute Resolution Methods: Uses of Alternative Dispute Resolution

Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Jandee Wallis

The FTC's Crackdown on No-Hire Agreements: What Employers Need To Know

The Federal Trade Commission (FTC), in a 3-2 party-line vote last week, ordered a New York City area building services contractor, Guardian Service Industries, Inc. (Guardian), to rescind all "no-hire" agreements, including…more

City of New York, Corporate Counsel, Federal Trade Commission (FTC), No-Hire/No-Solicitation Agreements, Non-Compete Agreements

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William Walsh

CFTC Issues Staff Advisory Letters on DCO Regulation: Prime Brokerage Arrangements and Digital Assets

In May 2023, the Division of Clearing and Risk ("DCR") of the Commodity Futures Trading Commission ("CFTC") issued two Staff Advisory letters addressing areas of regulatory focus related to Derivatives Clearing Organizations…more

Advisory Opinions, CFTC, Commodity Exchange Act (CEA), Cryptocurrency, Derivatives Clearing Organizations

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Jaime Walter

California's New Employment Laws: Get Ready for 2025

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically…more

Anti-Discrimination Policies, Cal-OSHA, California, Discrimination, Employee Handbooks

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Evelyn Wang

Salary Thresholds for FLSA Exemptions Increase Again on January 1, 2025 – Despite Challenges to DOL Rule

Before the end of the year, employers will need to review the exempt status of their employees to ensure they are compliant with upcoming changes to federal law. The U.S. Department of Labor ("DOL") sets minimum wage, overtime,…more

Department of Labor (DOL), Exempt-Employees, Exemptions, Fair Labor Standards Act (FLSA), Minimum Wage

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Laura Warf

Selling the Family Business: Dispute Resolution Mechanisms

Unlike in litigation, most parties to an M&A transaction are actively working towards a shared, overarching goal. Namely, they both want to get the deal done expeditiously. However, it would be a mistake to assume that the…more

Arbitration, Buyers, Dispute Resolution, Family Businesses, Popular

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Nick Wegley

PFAS Alert! Product Manufacturers and Importers Required To Report Products That Contain PFAS by January 2026

In September 2024, the Environmental Protection Agency ("EPA") announced an extension to the reporting period for its new Per- and Polyfluoroalkyl Substances ("PFAS") reporting and recordkeeping requirements under the Toxic…more

Corporate Counsel, Environmental Protection Agency (EPA), Importers, PFAS, Recordkeeping Requirements

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William Weigand

When Selling a Family Business, Advance Planning Is Key

Selling a business is a complicated affair. Add to that the emotions and interpersonal dynamics involved in a family-owned business, and it's easy to see why many families wait too long to sell or experience less than stellar…more

Business Assets, Business Plans, Buyers, Equity, Family Businesses

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Joseph Weinstein

Bringing the Heat

On June 26, 2018, Davis Wright Tremaine LLP hosted representatives of a prominent Northwest family-owned business at the latest edition of our Family Business Legacy Series. Jenni Isaak, Rick Robinson, and Rush Riese were on…more

Family Businesses

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Linda White Atkins

Water Rights Adjudication Begins for Washington's Whatcom and Northern Skagit Counties

Water rights holders in Whatcom County and northern Skagit County will be affected by a court adjudication case filed in May 2024 by the Washington State Department of Ecology ("Ecology"). Ecology filed this general water rights…more

Property Owners, WA Supreme Court, Washington, Water Rights

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Caleah Whitten

UPDATE: FTC Publishes Final Rule Banning Non-Competes: A Simple Explanation

Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final…more

Corporate Executives, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Matthew Widmyer

Nonresidents Beware: Oregon's and Washington's Fractional Formula and Apportionment Rules Apply to In-State Property

At $13.99 million for 2025, the federal estate tax exclusion is the largest it has ever been, but it will be reduced by half in 2026, which you can read more about in this advisory…more

Apportionment, Estate Planning, Estate Tax, Non-Residents, Property Owners

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Sherron Wiggins

A Makeover for the Cosmetic Industry: Legal Style

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023 (H.R. 2617), which by its name does not appear to have anything to do with cosmetics. However, buried in the approximately 1,650…more

Consolidated Appropriations Act (CAA), Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Modernization of Cosmetics Regulation Act of 2022 (MoCRA)

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Rochelle Wilcox

California Supreme Court Analyzes Anti-SLAPP Protection for Speech in a Commercial Setting: Courts Must Consider Challenged Statement’s Context

The California Supreme Court unanimously decided earlier in the year that in ruling on an anti-SLAPP motion, the context of a defendant’s statement—such as the commercial nature of the statement, the identity of the speaker, the…more

Anti-SLAPP, CA Supreme Court, Cal Code of Civil Procedure, Commercial Speech

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Marcus Williams

A Moment of Clarity for the SEC’s Regulation of Cryptocurrencies

There is a certain irony in the fact that the legal principles that currently govern the regulatory treatment of cryptocurrencies draw primarily from a 1946 case dealing with investment contracts in Florida orange groves…more

Cryptocurrency, Digital Assets, Digital Currency, Initial Coin Offering (ICOs), Securities Act of 1933

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Rebecca Williams

HIPAA Security Rule Resolves To Hit the Gym and Bulk Up

For more than 20 years, the HIPAA Security Rule has been virtually unchanged other than extending its scope beyond covered entities to also include business associates. During that time, technology has changed, cybersecurity…more

Compliance, Cybersecurity, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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LaFonda Willis

New Administration Outlook: The SEC Crypto Task Force Manifesto, Unpacked

There is no question that the Trump Administration is taking a markedly different approach to crypto regulation compared to the Biden Administration. The turning of the tide began when the White House nominated former PayPal…more

Blockchain, CFTC, Cryptocurrency, Digital Assets, Enforcement Actions

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Kristi Wolff

New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs

With the confirmation of Robert F. Kennedy Jr. as secretary of Health and Human Services, as well as Brooke Rollins as secretary of the Department of Agriculture, key leadership impacting the nation's food supply is changing…more

Department of Agriculture, Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Food Safety

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Brian Wong

Protect Yourself: U.S. Exporters Advised To Obtain End-Use and End-User Statements for All Exports, Including EAR99 Items

According to a trade press report, a Bureau of Industry and Security ("BIS"), Department of Commerce official speaking at the March 2025 BIS Update Conference on Export Controls and Policy recommended that U.S. exporters…more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, End-Users, Export Administration Regulations (EAR)

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Sarah Wood

Thomson Reuters v. Ross Intelligence: Copyright, Fair Use, and AI (Round One)

Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyrightable Subject Matter

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LaVerne Woods

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for Fair…more

501(c)(3), Affirmative Action, Charitable Organizations, Civil Rights Act, College Admissions

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James Wreggelsworth

Bipartisan Legislation Would Simplify Use of Digital Assets for Everyday Purposes

Consumers might be more likely to use cryptocurrencies for everyday retail purchases if legislation introduced by U.S. Senators Pat Toomey (R-Pa.) and Kyrsten Sinema (D-Ariz.) is enacted. Titled the Virtual Currency Tax Fairness…more

Cryptocurrency, Digital Assets, Internal Revenue Code (IRC), IRS, Virtual Currency

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Bruce Wu

H-1B Cap Lottery Season Commences on March 7, 2025

Employers seeking to hire foreign professionals in H-1B status need to prepare for the registration process. The annual lottery season commences in early March, and the short filing period lasts little more than two weeks…more

Compliance, Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals, Foreign Workers

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William Wu

China's Cyberspace Administration Releases "Interim" Rules Regulating the Use of Generative AI

The Cybersecurity Administration of China ("CAC") and six other agencies jointly promulgated Interim Measures for the Administration of Generative Artificial Intelligence Services ("Generative AI Measures" or "Rules"), that will…more

Algorithms, Artificial Intelligence, China, Compliance, Consent

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Jeffrey Youmans

OSHA Inspectors Granted Authority to Require Employers to Permit Third Parties Onsite During Safety Inspections

Effective May 31, 2024, OSHA will have additional authority to permit third parties, including union representatives, to join OSHA inspectors during onsite walkaround inspections at employer facilities, including non-union…more

Department of Labor (DOL), Labor Inspectors, New Rules, OSHA, Safety Inspections

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Dsu-Wei Yuen

What To Know About FinCEN's Investment Adviser AML Program Final Rule

After two decades and three proposed rulemakings on whether investment advisers should have anti-money laundering (AML) and countering the financing of terrorism (CFT) program requirements and attempting to identify the proper…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Broker-Dealer, Corporate Counsel

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David Zins

California Supreme Court Holds PAGA Plaintiff Lacks Standing to Intervene in Another Plaintiff’s Separate PAGA Action

In a long-awaited decision, the California Supreme Court resolved a split in appellate authority in Turrieta v. Lyft, Inc., holding that a plaintiff who files a claim under the state's Private Attorneys General Act (PAGA) does…more

CA Supreme Court, Employment Litigation, Lyft, Minimum Wage, Penalties

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Lyle Zuckerman

All Non-Essential Employees Across New York State Required to Stay Home

At a press conference on March 20, 2020, New York Governor Andrew Cuomo announced what is effectively a state-wide shutdown, requiring 100 percent of the state's non-essential workforce to work from home or stay home, effective…more

Coronavirus/COVID-19, Governor Cuomo, Infectious Diseases, Operators of Essential Services, State and Local Government

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Rich Zukowsky

Deadline Approaching for Filing 2024 OFAC Annual Report of Blocked Property

The annual September 30 deadline for submitting the Annual Report of Blocked Property (ARBP) to the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) is fast approaching. Under federal regulations, "all U.S…more

Annual Reports, Filing Deadlines, Financial Institutions, Interim Final Rules (IFR), Office of Foreign Assets Control (OFAC)

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