Author Info for Miller Nash LLP

Richard Alli, Jr.

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

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Noah Ashman

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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Andrea Barton

[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

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Katherine M. Bennett

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

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Jessica Ann Bernardini

The Latest on California’s PFAS Laws Regulating Textile Articles and How to Prepare for Upcoming Deadlines

If you are a manufacturer or distributor of products with textile components in the U.S., then you’re likely aware that the effective dates for states’ laws prohibiting the sale of certain consumer products with… more

Contamination, Manufacturers, PFAS, Textiles, Toxic Chemicals

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Kalin Bornemann

Regulatory Update: Final Rule on Courtesy Overdraft Services

We previously posted an article about a proposed rule that could drastically affect the courtesy overdraft services offered by many financial institutions (you can refresh your memory here). Well, the time has come. The… more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Final Rules

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LeAnne Bremer

2025 Washington Growth Management Act and Housing Laws - At a Glance

2025 saw a number of Growth Management Act (GMA) and housing related bills in Washington, which are particularly relevant as planning counties and cities are in the middle of preparing their comprehensive plan updates and as… more

Accessory Dwelling Units (ADUs), Affordable Housing, City Planning Departments, Construction Project, Housing Market

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Sarah Brenden

Washington Employment Odds and Ends: Assorted Changes that Will Affect Some Employers

Among other legislative changes (see our other recent blog posts!), the Washington State Legislature passed several assorted bills that will affect certain Washington employers, including providing striking workers with limited… more

Employee Benefits, Employee Rights, Employer Responsibilities, Immigration, Minors

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Erin Burris

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’ and… more

Department of Education, Discrimination, Executive Orders, Gender Discrimination, Gender Identity

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David Byers

Franchise Exemptions: Tool or Strategy?

A company considering franchising may see exemptions as an ideal way to avoid burdensome registration and disclosure requirements and streamline their path to market. Indeed, exemptions reduce time, avoid the process of… more

Business Strategies, Disclosure Requirements, Due Diligence, Exemptions, Franchise Agreements

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Jeffrey Chicoine

SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard

In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor… more

Employer Liability Issues, NLRA, NLRB, Unfair Labor Practices, Unions

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Sarah Chicoine

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

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Ed Choi

New Hiring and Employment Records Laws Take Effect in Washington

During the 2025 legislative session, Washington State enacted several new measures that will significantly impact employer obligations related to hiring practices and personnel recordkeeping. Two statewide bills—HB 1308 and HB… more

Criminal Background Checks, Employee Rights, Employer Responsibilities, Hiring & Firing, Job Applicants

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D. Gary Christensen

[Webinar] Construction Series—Navigating Oregon's New Construction Labor Payment Law (SB 426) - August 20th, 8:30 am - 9:30 am PT

Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly… more

Best Practices, CFOs, Chief Compliance Officers, Construction Industry, Construction Managers

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Jeffrey Condit

Oregon SB 1575: New Construction Consultant Indemnity Limitation Effective on January 1, 2025

The 2024 Oregon Legislative Assembly enacted SB 1575 (Or Laws 2024, ch 112) amending ORS 30.140 to limit public bodies from imposing certain indemnity obligations on construction professionals. The change applies to public… more

Construction Contracts, Construction Industry, Contract Terms, Government Agencies, Indemnity

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Robert Cumbow

[Webinar] How To Protect Your IP by Avoiding Common Trademark Mistakes - January 22nd, 9:00 am - 10:30 am PDT

If you're looking to safeguard your brand and avoid costly errors in the world of trademarks, this session is a must-attend. Our experienced speakers will guide you through the essential steps to protect your intellectual… more

Business Opportunities, Entrepreneurs, Intellectual Property Protection, Non-Use of Trademarks, Startups

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Stacie Damazo

Washington Legislature Expands Domestic Violence Leave Act to Include Leave for Proceedings Relating to Hate Crimes

Washington Governor Bob Ferguson signed Senate Bill 5101 into law on May 20, 2025, which will amend Washington’s Domestic Violence Leave Act (DVLA) to include job protections for employees who seek certain types of assistance… more

Domestic Violence, Employee Benefits, Employee Rights, Employer Responsibilities, Hate Crimes

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Edward Decker

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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Linda Degman

[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

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Cristela Delgado-Daniel

Special Education—Practical Tips From New Cases

As school administrators know, there are always interesting updates for complying with the Individuals with Disabilities Education Act (IDEA). Recent cases provide important new information for K-12 school teams to improve their… more

Disabilities, Disabled Children, Free Appropriate Public Education (FAPE), IDEA, Individualized Education Programs (IEPs)

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Julia DeWitt

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 »

Fabio Dworschak

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

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Cody Elliott

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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Brian Esler

Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit

Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will also… more

Appeals, Appellate Courts, Construction Disputes, Construction Liens, Construction Litigation

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Jollee Faber Patterson

New Department of Education Certification Requirement Regarding Title VI Compliance: What Districts Need to Know

On April 3, 2025, the United States Department of Education (DOE) announced its intention to require state education agencies (SEAs) and school districts to certify that they are in compliance with Title VI of the 1964 Civil… more

Certifications, Civil Rights Act, Department of Education, Enforcement Actions, False Claims Act (FCA)

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Max Forer

[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 »

Mary Ann Frantz

The Corporate Transparency Act Update: What Businesses Need to Know and How to Comply with FinCEN Regulations

The deadline for many companies to complete their Corporate Transparency Act (CTA) filing is fast approaching. If you have not yet determined whether your company is covered under the CTA or if you have yet to file, updated… more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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April Fredrickson

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

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Jonathon Goodling

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

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Brian Guthrie

[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 »

Iván Resendiz Gutierrez

U.S. Department of Justice Provides Much-Needed Guidance Regarding the Meaning of “Illegal DEI”

On January 20, 2025, on his first day of office, President Trump issued Executive Order 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which directed the termination of all discriminatory… more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders

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Ryan Hall

The Initial Impact of Moody? More Confusion.

Until recently, Oregon courts did not allow policyholders to bring claims against their insurers under Oregon’s Unfair Claims Settlement Practices Act and only allowed tort-based “bad faith” claims in narrow circumstances. This… more

Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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Naomi Haslitt

Before We Talk, “You Are Being Recorded”: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

Last week, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these recordings require… more

Audio Recording, Constitutional Challenges, Employee Rights, Employees, Employment Litigation

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Justin Hebenstreit

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

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Chris Helmer

To Tariff, or Not to Tariff?

Despite the announcement of the inevitability of the impending tariffs on various countries, the 25 percent tariffs on goods from Canada and Mexico are on hold until March 5, 2025, unless an agreement can be reached between the… more

Canada, China, Imports, Mexico, Risk Management

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Nick Hesterberg

Enterprise Liability Insurer Has Duty to Defend Against a Vendor’s Claim, Even When Presented as an Invoice for “Usage Fees”

In a win for policyholders, a federal court in Washington recently held that an insurer had a duty to defend a technology company against a vendor’s demand for damages it allegedly suffered when hackers accessed software… more

Cybersecurity, Data Breach, Data Security, Insurance Claims, Insurance Industry

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Justin Hobson

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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Delfina Homen

When Man Beats Machine: The Latest in Artificial Intelligence and Copyright

Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register… more

AI Act, Algorithms, Appeals, Artificial Intelligence, Authorship

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Anthony Hunt

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

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Danielle Hunt

Corporate Transparency Act Update: Filing Obligations Reinstated

With only days left in 2024, the Fifth Circuit Court of Appeals has reversed the Texas federal court’s nationwide injunction against enforcement of the Corporate Transparency Act (CTA). This means, the CTA reporting requirements… more

Beneficial Owner, Corporate Transparency Act, FinCEN, Preliminary Injunctions, Reporting Requirements

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Alexandra Hutchinson

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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John Knapp Jr.

Article 12: Perfection of Security Interests in Controllable Electronic Records

It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in… more

Blockchain, Cryptocurrency, Digital Assets, Financial Institutions, Financial Services Industry

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Jesse Kobernick

Corporate Transparency Act Update: Filing Obligations Reinstated

With only days left in 2024, the Fifth Circuit Court of Appeals has reversed the Texas federal court’s nationwide injunction against enforcement of the Corporate Transparency Act (CTA). This means, the CTA reporting requirements… more

Beneficial Owner, Corporate Transparency Act, FinCEN, Preliminary Injunctions, Reporting Requirements

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Garrett Ledgerwood

[Webinar] Finish First When Others Around You Fall: Tips on How to Financially Protect Your Organization During a Project - October 15th, 9:00 am - 10:30 am PDT

From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning, and… more

Commercial Bankruptcy, Construction Contracts, Construction Industry, Construction Project, Continuing Legal Education

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Melissa Lehane Rawlinson

Before We Talk, “You Are Being Recorded”: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

Last week, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these recordings require… more

Audio Recording, Constitutional Challenges, Employee Rights, Employees, Employment Litigation

See all updates »

Steven Liday

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

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Beatrice Bremer Lucas

2025 Washington Growth Management Act and Housing Laws - At a Glance

2025 saw a number of Growth Management Act (GMA) and housing related bills in Washington, which are particularly relevant as planning counties and cities are in the middle of preparing their comprehensive plan updates and as… more

Accessory Dwelling Units (ADUs), Affordable Housing, City Planning Departments, Construction Project, Housing Market

See all updates »

Scott MacDonald

[Webinar] Finish First When Others Around You Fall: Tips on How to Financially Protect Your Organization During a Project - October 15th, 9:00 am - 10:30 am PDT

From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning, and… more

Commercial Bankruptcy, Construction Contracts, Construction Industry, Construction Project, Continuing Legal Education

See all updates »

Sofia McDonald

Article 12: Perfection of Security Interests in Controllable Electronic Records

It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in… more

Blockchain, Cryptocurrency, Digital Assets, Financial Institutions, Financial Services Industry

See all updates »

Nicole McLaughlin

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 »

Erich Merrill Jr.

The Corporate Transparency Act Update: What Businesses Need to Know and How to Comply with FinCEN Regulations

The deadline for many companies to complete their Corporate Transparency Act (CTA) filing is fast approaching. If you have not yet determined whether your company is covered under the CTA or if you have yet to file, updated… more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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Jeff Miller

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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Souvanny Miller

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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Celeste Mountain Monroe

[Webinar] Start Smart: Your Back-to-School Legal Toolkit for Managing Misconduct, Accommodations & Critical Contracts - August 26th, 9:00 am - 10:30 am PT

As the new school year approaches, schools across Washington are not only preparing classrooms and lesson plans—they are anticipating a range of complex legal responsibilities. Staying ahead of legal risks is essential to… more

Best Practices, Disabilities, Educational Institutions, Employee Misconduct, Employment Contract

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Brianna Morrison

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

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Carolyn Mount

The Northwest Policyholder | When the Application is the Risk: Application-Based Insurance Policy Rescission

Surprised insurers are unhappy insurers. And unhappy insurers are more likely to resist paying claims. As are insurers who fail to heed their good faith and other obligations to their policyholders. So if you seek coverage for… more

Contract Terms, Denial of Insurance Coverage, Fraud, Insurance Claims, Insurance Industry

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Dave Neu

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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Eva Novick

Swipe, Tap, Comply: What PCI DSS 4.0.1 Means for your Business

With the seemingly never-ending updates to B2B contracts for compliance with new (and amended) comprehensive state privacy laws, the U.S. Department of Justice’s bulk data transfer rule, and artificial intelligence (AI)… more

Cybersecurity, Data Protection, Data Security, Financial Institutions, Financial Services Industry

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Sean O'Brien

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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Jess Osborne

Oregon Cannabis Employers No Longer Need to Comply with Measure 119 and Obtain Labor Peace Agreements

On May 20, 2025, the U.S. District Court for Oregon permanently prohibited Oregon state officials from enforcing Measure 119. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024. Measure 119… more

Cannabis Products, Constitutional Challenges, Employment Litigation, First Amendment, Injunctions

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Brett Palmer

California Climate Disclosure Laws Will Go Into Effect Before California Air Resources Board Finalizes Regulations

On May 29, 2025, the California Air Resources Board (CARB) hosted a virtual public workshop to discuss its progress in implementing California’s sweeping new climate disclosure laws. California Senate Bills (SB) 253, 261, and… more

Business Entities, California, Climate Change, Disclosure Requirements, Filing Deadlines

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Jesús Miguel Palomares

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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Trajan Perez

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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Michael Porter

Religion Reigns Supreme (Again): Supreme Court Decision Concerning Religious Objections to LGBTQ+-Inclusive Texts Requires Attention and Thoughtful Evaluation

Religious freedom-based challenges to educational policies and actions have gained significant traction in recent years. Cases like Kennedy v. Bremerton School District, 597 US 507 (2022), concerning a football coach’s right to… more

Educational Institutions, First Amendment, Preliminary Injunctions, Public Schools, Religious Accommodation

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Diana Ramos

Regulatory Update: Final Rule on Courtesy Overdraft Services

We previously posted an article about a proposed rule that could drastically affect the courtesy overdraft services offered by many financial institutions (you can refresh your memory here). Well, the time has come. The… more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Final Rules

See all updates »

William Rasmussen

Oregon to Implement First Broad-Reaching EPR Recycling Law in the US

Oregon is on the verge of implementing the first extended producer responsibility (EPR) law in the United States broadly targeting recyclable materials with the goal of increasing recycling rates and reducing waste. Several… more

Environmental Policies, Manufacturers, Product Packaging, Recycling, Waste Management

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Julie Reed

First Machine Learning Patent Ruling: Invalid or Just Obvious?

On April 18, 2025, the Court of Appeals for the Federal Circuit (CAFC) ruled in Recentive Analytics Inc. v. Fox Corp. et al. that new uses for established machine learning do not make the claims patent-eligible… more

Alice/Mayo, Appeals, CAFC, Machine Learning, Obviousness

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Liani Reeves

U.S. Department of Justice Provides Much-Needed Guidance Regarding the Meaning of “Illegal DEI”

On January 20, 2025, on his first day of office, President Trump issued Executive Order 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which directed the termination of all discriminatory… more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders

See all updates »

Danielle Riege

Disney Prevails in ‘Moana’ Copyright Case: Lessons for Creators

On March 10, 2025, a federal jury delivered a verdict in favor of Disney in a closely watched copyright infringement lawsuit. In Buck G. Woodall v. The Walt Disney Co., et al., screenwriter and animator Buck Woodall claimed that… more

Best Practices, Copyright, Copyright Infringement, Copyright Litigation, Evidence

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Christopher Riley

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

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Eric Robertson

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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Amy Robinson

Washington Legislature Expands Domestic Violence Leave Act to Include Leave for Proceedings Relating to Hate Crimes

Washington Governor Bob Ferguson signed Senate Bill 5101 into law on May 20, 2025, which will amend Washington’s Domestic Violence Leave Act (DVLA) to include job protections for employees who seek certain types of assistance… more

Domestic Violence, Employee Benefits, Employee Rights, Employer Responsibilities, Hate Crimes

See all updates »

Donald Scaramastra

The Northwest Policyholder | When the Application is the Risk: Application-Based Insurance Policy Rescission

Surprised insurers are unhappy insurers. And unhappy insurers are more likely to resist paying claims. As are insurers who fail to heed their good faith and other obligations to their policyholders. So if you seek coverage for… more

Contract Terms, Denial of Insurance Coverage, Fraud, Insurance Claims, Insurance Industry

See all updates »

Radhika Shah

AI Training and Copyright: Court Rejects Fair Use Defense in Thomson Reuters Case

“A smart man knows when he is right; a wise man knows when he is wrong. Wisdom does not always find me, so I try to embrace it when it does—even if it comes late, as it did here.” It’s not common for a federal judge to make… more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

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Christine Slattery

[Webinar] Navigating Workplace Investigations: Best Practices for K-12 School Districts - September 11th, 4:00 pm - 5:00 pm PT

In the dynamic environment of K-12 education, maintaining an appropriate, safe, and supportive workplace is crucial. State and federal laws provide expanded protections for employees in relation to harassment, discrimination,… more

Best Practices, Employer Liability Issues, Employment Policies, Human Resources Professionals, Jury Verdicts

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Susan Eberle Stahlfeld

Washington Enacts Mini-WARN Act Law

As most employers know, under the federal WARN Act a covered employer who plans to close a facility or implement a mass layoff must provide 60 days’ advance notice to the affected employees, the designated state agency, and any… more

Employee Rights, Employer Responsibilities, Federal Labor Laws, Layoffs, Notice Requirements

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John Stellwagen

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 »

Anela Summers

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

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Tristan Swanson

[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

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Christine Taylor

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

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Cozette Tran-Caffee

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

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Vanessa Triplett Kuchulis

“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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Matthew Tripp

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

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Brenton Twitchell

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

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Mark Tyler

Unpaid Wages? Under Oregon’s SB 426, Owners and General Contractors May Be on the Hoo

If you’re an owner or general contractor on a construction project in Oregon, a new law passed just last week may make you liable to pay the wages and benefits of construction workers—twice. Senate Bill 426 significantly changes… more

Construction Contracts, Construction Industry, Construction Project, Employer Liability Issues, Employer Responsibilities

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Heather Van Meter

Oregon Minimum Wage Changes: What Employers Need to Know

Oregon’s automatic minimum wage for non-exempt employees is set to increase on July 1, 2025. This minimum wage increase is calculated by the Oregon Bureau of Labor and Industries’ (BOLI) Labor Commissioner. In April, the Labor… more

Compensation & Benefits, Employees, Employer Responsibilities, Minimum Wage, New Regulations

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Eden Vasquez

SEC v. Jarkesy: Seventh Amendment Jury Trials, Seeking Civil Penalties, and Agency Administrative Actions

The U.S. Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (2024) held that when the SEC seeks civil penalties to punish and deter wrongful conduct, the Seventh Amendment entitles the… more

Administrative Proceedings, Jury Trial, SCOTUS, SEC v Jarkesy, Securities and Exchange Commission (SEC)

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J. Dino Vasquez

Section 232 Investigations Update: What Business Should Know About Import Restrictions and Tariffs

What Are Section 232 Investigations? Section 232 investigations are a tool the U.S. government uses to determine the effect of certain imports on national security. These investigations are conducted under the Trade Expansion… more

Bureau of Industry and Security (BIS), Government Agencies, Imports, International Emergency Economic Powers Act (IEEPA), National Security

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Shauna Vernal

AI Strategy for Banks: You’ve Got This!

When you think about artificial intelligence (AI), does your pulse start to race? Or are you excited to embrace it, but stuck in the quagmire of often conflicting, and even alarmist, information that seems to be coming at you… more

Artificial Intelligence, Banking Sector, Banks, Financial Institutions, Financial Services Industry

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Blakely Vogel

Oregon to Implement First Broad-Reaching EPR Recycling Law in the US

Oregon is on the verge of implementing the first extended producer responsibility (EPR) law in the United States broadly targeting recyclable materials with the goal of increasing recycling rates and reducing waste. Several… more

Environmental Policies, Manufacturers, Product Packaging, Recycling, Waste Management

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James Walker

Big Changes May be Coming to Davis-Bacon

The Davis-Bacon Act and the Davis-Bacon Act Related Acts (the “Acts”), and their corresponding rules circulated by the Department of Labor (“DOL”), propose the rules for the administration and enforcement of the Acts’ labor… more

Construction Workers, Davis-Bacon Act, Department of Labor (DOL), Employer Liability Issues, Prevailing Wages

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Jack Wallan

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

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Amy Weston

Why Your Tech Contracts Matter

Contract Law is a foundational first year course in any law school. As fledgling lawyers everywhere know, when they come out of law school and prepare for the bar exam, contracts form a critical component of our global… more

Cloud Computing, Contract Disputes, Contract Terms, Data Privacy, Data Security

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David E. Worley

Significant Changes for Alaska Employers, including Minimum Wage Increases and Mandatory Paid Sick Leave Programs, Begin July 1, 2025

In November 2024, Alaskan voters passed Ballot Measure 1. The law takes effect July 1, 2025, and has three main provisions: (1) increasing the minimum wage now and into the future (which also impacts exempt salary levels), (2)… more

Alaska, Constitutional Challenges, Employee Benefits, Employee Rights, Employer Responsibilities

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James Yand

U.S. Department of Justice Issues New Administrative Guidance on Legality of DEI Programs for Federal Contractors

The Department of Justice (DOJ) has now issued guidance outlining how federal antidiscrimination laws such as Title VI and Title VII of the Civil Rights Act of 1964 apply to federal contractors that receive federal funding. The… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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Jacob Zahniser

[Webinar] Construction Series—Navigating Oregon's New Construction Labor Payment Law (SB 426) - August 20th, 8:30 am - 9:30 am PT

Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly… more

Best Practices, CFOs, Chief Compliance Officers, Construction Industry, Construction Managers

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Michael Zangl

[Webinar] Start Smart: Your Back-to-School Legal Toolkit for Managing Misconduct, Accommodations & Critical Contracts - August 26th, 9:00 am - 10:30 am PT

As the new school year approaches, schools across Washington are not only preparing classrooms and lesson plans—they are anticipating a range of complex legal responsibilities. Staying ahead of legal risks is essential to… more

Best Practices, Disabilities, Educational Institutions, Employee Misconduct, Employment Contract

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