Miller Nash LLP

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111 SW Fifth Avenue
Suite 3400
Portland, OR 97204, United States
Phone: (503) 224-5858
Fax: (503) 224-0155
Areas Of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alaska
  • California
  • Idaho
  • Oregon
  • Washington
Number of Attorneys
100+ Attorneys

OSHA Amends Rule on Employee Representation During Safety Inspections

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

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

See all updates »

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

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

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

See all updates »

Another Stumble for AI in the Copyright Office

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

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

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Bank Merger Guidelines—Updates from the FDIC

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

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

See all updates »

Today in Tax: Three Things to Watch for in 2023

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

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

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

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

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

See all updates »

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

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

Public Schools, School Districts, Students, Title IX

See all updates »

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

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

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

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New NLRB Rule Significantly Broadens Joint Employer Definition

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

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

See all updates »

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

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

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

See all updates »

BOLI Surprise Inspections: A Guide for Employers

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

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

See all updates »

Oregon Construction Owners and Lenders Are Affected by New Retainage Law

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

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

See all updates »

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

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

Public Meetings, Public Schools, School Districts, Students

See all updates »

The Supreme Court Abrogates Tribal Immunity in Bankruptcy Proceedings

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

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

See all updates »

What Lies Ahead for Jack Daniel’s and for the Rogers Test?

To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion

See all updates »

Ninth Circuit Expands Securities Seller Liability to Social Media Promoters

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

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

See all updates »

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

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

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

See all updates »

SECURE 2.0 Act Impacts Employer Retirement Plans

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

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

See all updates »

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

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

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

See all updates »

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

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

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

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Companies Face a New Wave of Class Action Privacy Litigation

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

Class Action, Data Privacy, Eavesdropping, Websites, Wiretapping

See all updates »

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

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

Public Schools, School Districts, Students, Title IX

See all updates »

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

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

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

See all updates »

SEC Adopts Final Cybersecurity Disclosure Rules for Public Companies

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

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

See all updates »

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

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

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

See all updates »

Oregon Construction Owners and Lenders Are Affected by New Retainage Law

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Bank Merger Guidelines—Updates from the FDIC

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

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

See all updates »

Cannabis & Taxes: Making Cents of Refunds and Reclassification

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

Controlled Substances Act, DEA, Marijuana, Schedule I Drugs

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

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

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

See all updates »

SECURE 2.0 Act Impacts Employer Retirement Plans

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

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

See all updates »

SEC Approves Nasdaq’s Revised Board Diversity Disclosure Deadlines

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

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

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Chaos at the FDIC—What Portends for Banks in 2022

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

Acquisitions, Banks, Biden Administration, Cryptocurrency, FDIC

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

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

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

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Oregon Enacts Bill Changing Garnishment Exemptions and Procedures

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

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

See all updates »

Off Campus, but Still Within Reach: Ninth Circuit Affirms a Public High School’s Right to Discipline Students for Online Off-Campus Speech

As anticipated, the Ninth Circuit has waded back into the choppy waters of student online and off-campus speech following the U.S. Supreme Court’s June 2021 ruling in Mahanoy Area School District v. B.L and found that a school…more

Educational Institutions, First Amendment, Free Speech, Public Schools, School Districts

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Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

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

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

See all updates »

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

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

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

See all updates »

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

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

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

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Winding Down & Bankruptcy Options for Nonprofit Entities

Nonprofit entities play an ever-growing role in our society, including assisting people in need to building communities, from protecting animals to aiding our environment, and attending to the physical, mental, and spiritual…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

See all updates »

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

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

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

See all updates »

Prospective Purchaser Agreements: Lessees and Subsequent Owners and Operators

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

Contaminated Properties, Contamination, Hazardous Substances, Toxic Chemicals

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

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

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

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Oregon Enacts Bill Changing Garnishment Exemptions and Procedures

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

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

See all updates »

Livin’ on a Prayer (for Noneconomic Damages in a Coverage Dispute)

Tommy, Bon Jovi fans know, is in trouble. From the opening lines of the song, “Livin’ on a Prayer,” we learn that things are so bad that Tommy’s got his six-string in hock. The song implies that Tommy is in straits because the…more

Actual Damages, Denial of Insurance Coverage, IFCA, Insurance Industry

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Supreme Court Limits the Ability to Discharge Debts Obtained by Fraud

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

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

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

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

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

See all updates »

Consider Protecting Your Brands Early in the Era of Artificial Intelligence

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

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

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

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

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

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

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

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

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

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

AFR, Financial Institutions, Interest Rates, Lenders, Loans

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California Employees Must Receive Notice of Noncompete Invalidity by February 14

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

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

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Gap-Filling Pregnant Workers Fairness Act: Proposed Rules Provide Insight to Compliance with Federal Law

On August 11, 2023, the Equal Employment Opportunity Commission (the EEOC) proposed regulations under the Pregnant Workers Fairness Act (PWFA). The PWFA took effect on June 27, 2023, and requires that employers with at least 15…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

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

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

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

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Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

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

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

See all updates »

What’s It All About, AI?

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

Artificial Intelligence, Machine Learning, Technology Sector, USPTO

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EPA Issues Drinking Water Standard for Six PFAS

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

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

See all updates »

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

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

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

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

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

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

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

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

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

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

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

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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[Webinar] Pay Transparency: Employer Requirements and Proactive Strategies - April 5th, 8:00 am - 9:00 am PDT

Across the country, pay transparency is an escalating priority for today’s workforce and lawmakers. In both Washington and Oregon—where we have laws targeting equal pay—new compliance requirements and strategies are driving…more

Continuing Legal Education, Equal Pay, Equal Pay Act, Hiring & Firing, Human Resources Professionals

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Coming Attractions in Washington: Changes in 2025 to Paid Sick Leave and the Equal Pay and Opportunities Act

Since 2017, Washington has required employers to provide paid sick leave to non-exempt employees to be used for any of several purposes: (a) the employee’s personal medical care, (b) to care for a family member with medical…more

Employer Liability Issues, Paid Leave, Paid Sick Leave, Sick Leave, State Labor Laws

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

Public Meetings, Public Schools, School Districts, Students

See all updates »

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

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

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

See all updates »

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

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

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

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

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

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

See all updates »

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

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

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

See all updates »

Ninth Circuit Expands Securities Seller Liability to Social Media Promoters

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

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

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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