Author Info for Schwabe, Williamson & Wyatt PC

Cordelia Addington

New Executive Orders Banning DEI Initiatives Spur DBE Contractors to Take ‎Action Into Their Own Hands

Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In the… more

Constitutional Challenges, DBE Program, Department of Transportation (DOT), Discrimination, Diversity and Inclusion Standards (D&I)

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Amanda Afshar

Estate Planning for Physicians: Why It’s Important and How to Get Started

When you’re a physician, your life is defined by long hours, major responsibilities, and a focus on the health and well-being of your patients. Though dedication to your practice is commendable, planning for the future is likely… more

Estate Planning, Health Care Providers, Liability, Life Insurance, Medical Directives

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David Aldred

Latest Federal Court Cases - December 2024 #2

DDR Holdings, LLC v. Priceline.com LLC, Appeal Nos. 2023-1176, -1177 (Fed. Cir. Dec. 9, 2024) In our Case of the Week, the Federal Circuit affirmed a stipulated non-infringement judgment from Delaware’s district court,… more

America Invents Act, Appeals, Claim Construction, Inter Partes Review (IPR) Proceeding, Inventions

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Nika Aldrich

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District of… more

Appeals, CAFC, Calculation of Damages, Claim Construction, Damages

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Jean Ohman Back

Breaking Down Alaska’s Proposed Sick Leave Regulations

On June 25, 2025, the Alaska Department of Labor & Workforce Development (“DOL”) published a Notice of Proposed Regulations for the Alaska Paid Sick Leave Law. The proposed regulations clarify ambiguities in the statutory… more

Alaska, Department of Labor (DOL), Employment Policies, Notice of Proposed Rulemaking (NOPR), Paid Sick Leave

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Nellie Barnard

Practicing Law in the Pacific Northwest: Client Confidentiality

Maintaining client confidentiality is a cornerstone of practicing law, and it is also essential to preserving trust and maintaining professionalism. Unfortunately, many lawyers forget or are not aware of the breadth of their… more

Attorney-Client Privilege, Client Representation, Confidential Information, Former Clients, Law Practice Management

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Seonaid Barngrover

Considerations for Year-End Estate Planning and Business Transitions

As we near the end of 2024, this is the perfect time to reexamine your tax and estate planning action items. There are plenty to address, and it’s wise to do so sooner rather than later. In reviewing year-end estate planning or… more

Business Succession, Charitable Deductions, Corporate Transparency Act, Estate Planning, Income Taxes

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Dave Bartz Jr.

Update on Oregon’s New Air Toxic Program

Oregon’s new air toxic program is set to go “live” in November 2018. After two plus years in development, Oregon’s new, and, in many ways, radical approach to air toxics control, known as Cleaner Air Oregon (CAO), is expected… more

Air Pollution, Air Quality Standards, Department of Environmental Quality, Environmental Policies, Pollution Control

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Lee Baxter

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the federal… more

Administrative Procedure Act, Appeals, Biden Administration, Constitutional Challenges, Department of Labor (DOL)

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Michael Bernadicou

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

Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and Kellogg, in which a majority of the panel affirms summary judgment of obviousness of a patent directed to a resealable cookie package… more

Appeals, Apportionment, Contributory Infringement, Damages, Ex Partes Reexamination

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Ann Bernert

Latest Federal Court Cases: The Regents of the University of California v. The Broad Institute

The Regents of the University of California v. The Broad Institute, Inc., Appeal Nos. 2022-1594, -1653 (Fed. Cir. May 12, 2025) Must an inventor know their invention will work to demonstrate that they “conceived” of it? In… more

Appeals, Biotechnology, CAFC, Intellectual Property Litigation, Inventors

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Stephanie Berntsen

Washington Employment Law Updates

A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding these… more

Ban the Box, Discrimination, Drivers, Employee Benefits, Employee Rights

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Matthew Berry

Kotek Signs the “Construction Wage Theft” Bill into Law

On June 9, 2025, Governor Tina Kotek signed SB 426 into law. The bill, set to become effective on January 1, 2026, follows the Oregon Legislature’s ongoing attempts to pass a “wage theft” bill imposing strict liability on owners… more

Construction Contracts, Construction Industry, Employer Liability Issues, General Contractors, New Legislation

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Matt Bisturis

Coordination Can Be Key in Corporate Governance and Estate Planning

Corporate lawyers and estate planning lawyers both play key, but different, roles in the success of business clients. Corporate attorneys typically help businesses choose the proper legal structure, navigate the complexities… more

Buy-Sell Agreements, Buyers, Corporate Governance, Estate Planning, Gift Tax

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Eric Blank

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

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel… more

Appeals, Arbitration Agreements, Common-Interest Privilege, Contempt, Declaratory Judgments

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Blake Bowman

What to Expect When Selling A Manufacturing Business

Knowing what to expect when going into the sale process and teaming up with experienced advisors is critical to making the sale of your business the crowning achievement of all of your hard work. This article discusses several… more

Acquisitions, Business Transfer Agreements, Closing Documents, Due Diligence, Letters of Intent

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David Boyajian

Maritime Risks in the Age of COVID-19

It is critical that maritime operators manage the risks that arise from COVID-19 in order to maintain operational capacity. The risks are evolving as the crisis develops, and they can affect different companies in different… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Maritime Transport, OSHA

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Justin Brask Ph.D.

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

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the… more

Abstract Ideas, Appeals, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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Megan Breen

Revised FLSA Rule on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a ‎final rule that revises the DOL’s interpretation of worker classification (employees versus ‎independent contractors) under the Fair Labor… more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Employment Tax

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Jacob Broussard

Potential Impacts of Trump’s DEI Executive Order on SBAs, Alaska Native Corporations, ‎and Tribes

On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences, mandates,… more

8(a) Program, Affirmative Action, Alaska, DBE Program, Diversity and Inclusion Standards (D&I)

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Gary Bruce

Oregon Workplace Violence Prevention and Protection Bill: Would SB 537 Cause More Pain Than It Alleviates?

The Oregon Senate is considering a bill that would impose new and expanded workplace violence prevention, response, and reporting obligations upon hospitals, ambulatory surgery centers, home health agencies, and home hospice… more

Employee Rights, Employer Responsibilities, Healthcare, Healthcare Facilities, Healthcare Reform

See all updates »

Jesse Burgess

OP-ED: Wading Through Changes: Floodplain Development in Oregon

As we enter what we hope will be a bountiful new year, 2025 may prove to be the annus horribilis for floodplain development in Oregon. Due to recent litigation concerning FEMA’s National Flood Insurance Program (NFIP), as of… more

Environmental Policies, FEMA, Insurance Litigation, National Flood Insurance Program, Real Estate Development

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Conor Butkus

2025 Oregon Water Law Legislative Recap

A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have affected… more

Agribusiness, Agricultural Sector, Government Agencies, Groundwater, New Legislation

See all updates »

Maren Calvert

‎2025 Real Estate & Construction Outlook in the Pacific ‎Northwest

What are the trends, challenges, and opportunities shaping the real estate & construction sector in 2025? From new regulations and workforce challenges to tariffs and market shifts, our recent webinar explored survey data… more

Commercial Real Estate Market, Construction Industry, Housing Market, Interest Rates, Mixed-Use Zoning

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Jennifer Campbell

CARES Act Questions for the Manufacturing, Distribution and Retail Industry - Update #9

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and… more

Applications, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA)

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Patrick Cleary

Oregon Department of Forestry Nears End of Rulemaking Process to Change Forest Practices Act

The Oregon legislature passing Senate Bill 1501 in March of this year set the stage for the Oregon Department of Forestry’s (ODF’s)‎ rulemaking process to implement a comprehensive set of changes to Oregon’s Forest Practices Act… more

Forestry, Legislative Agendas, New Legislation, Notice of Proposed Rulemaking (NOPR), Oregon

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Mike Cofield

Latest Federal Court Cases - December 2024

Mirror Worlds Technologies, LLC v. Meta Platforms, Inc., Appeal Nos. 2022-1600, -1709 (Fed. Cir. Dec. 4, 2024) In this appeal from the United States District Court for the Southern District of New York, the Federal Circuit… more

Appeals, Cross-Appeals, Doctrine of Equivalents, En Banc Review, Generic Drugs

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Mike Cohen

State of Manufacturing in the Pacific Northwest | 2025 Report

We at Schwabe and Aldrich are excited to share the insightful findings from the third edition of our State of Manufacturing in the Pacific Northwest survey. Having conducted similar surveys in 2018 and 2021, we’ve maintained a… more

Artificial Intelligence, Business Plans, Distribution Centers, Economic Development, Machine Learning

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Steven Cooper

New Regulation Proposal Would Require Project Labor Agreements for Federal Construction ‎Projects

On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to require… more

Biden Administration, Comment Period, Construction Contracts, Construction Project, Contractors

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Graciela Gomez Cowger

Stanford Economist Nick Bloom shares WFH Trends and Predictions

Stanford Economist Nick Bloom shares WFH Trends and Predictions - More than two years into the pandemic, businesses are still wrestling with how to best navigate return to office (RTO). Firms that do it right stand to… more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Hybrid Plan, Remote Working

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Zack Crandell

SBA 8(a) Program Regulatory Changes: ‎8(a) Business Activity Targets ‎

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA… more

8(a) Program, Business Development, Certification Requirements, Federal Contractors, Final Rules

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Brendan Crowley

‎2025 Real Estate & Construction Outlook in the Pacific ‎Northwest

What are the trends, challenges, and opportunities shaping the real estate & construction sector in 2025? From new regulations and workforce challenges to tariffs and market shifts, our recent webinar explored survey data… more

Commercial Real Estate Market, Construction Industry, Housing Market, Interest Rates, Mixed-Use Zoning

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Julia Davis

Latest Federal Court Cases: Top Brand LLC v. Cozy Comfort Company LLC

Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to… more

Appeals, Damages, Design Patent, JMOL, Noninfringement

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Mario Delegato

Latest Federal Court Cases: Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd.

Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd., Appeal No. 2023-1715 (Fed. Cir. July 28, 2025) In our Case of the Week, the Federal Circuit addressed three issues arising from a trial… more

Appeals, CAFC, Damages, Daubert Standards, Expert Testimony

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Josh Dennis

Kotek Signs the “Construction Wage Theft” Bill into Law

On June 9, 2025, Governor Tina Kotek signed SB 426 into law. The bill, set to become effective on January 1, 2026, follows the Oregon Legislature’s ongoing attempts to pass a “wage theft” bill imposing strict liability on owners… more

Construction Contracts, Construction Industry, Employer Liability Issues, General Contractors, New Legislation

See all updates »

Scott Eads

Latest Federal Court Cases - December 2022 #4

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed… more

Appeals, Claim Construction, Inequitable Conduct, Patent Infringement, Patent Invalidity

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David Ebel

First Draw PPP Loans $2 Million and Up and the PPP Necessity Questionnaires - Update #2

Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are… more

American Rescue Plan Act of 2021, Borrowers, CARES Act, Paycheck Protection Program (PPP), Questionnaires

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Dan Eller

Treasury Pauses Penalties for Corporate Transparency Act

On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, FinCEN, Penalties

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James Estes

Treasury Pauses Penalties for Corporate Transparency Act

On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, FinCEN, Penalties

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Lawson Fite

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared… more

Administrative Procedure Act, Chevron Deference, Energy Projects, Environmental Impact Statements, Judicial Review

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Brien Flanagan

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared… more

Administrative Procedure Act, Chevron Deference, Energy Projects, Environmental Impact Statements, Judicial Review

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June Wiyrick Flores

Coordination Can Be Key in Corporate Governance and Estate Planning

Corporate lawyers and estate planning lawyers both play key, but different, roles in the success of business clients. Corporate attorneys typically help businesses choose the proper legal structure, navigate the complexities… more

Buy-Sell Agreements, Buyers, Corporate Governance, Estate Planning, Gift Tax

See all updates »

Colin Folawn

Practicing Law in the Pacific Northwest: Client Confidentiality

Maintaining client confidentiality is a cornerstone of practicing law, and it is also essential to preserving trust and maintaining professionalism. Unfortunately, many lawyers forget or are not aware of the breadth of their… more

Attorney-Client Privilege, Client Representation, Confidential Information, Former Clients, Law Practice Management

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Zach Forrester

Trump Administration Signs Alaska Native Village Land Restoration Act

On July 9, 2025, the President signed into law the Alaska Native Village Municipal Lands Restoration Act of 2025 (“ANVMLRA”). This legislation will permit Alaska Native Village Corporations to recover from the State of Alaska… more

Easements, Federal Land, Land Owners, Native American Issues, New Legislation

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Brooks Foster

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to… more

Environmental Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Liability

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Brittani Gambrell

Latest Federal Court Cases: Top Brand LLC v. Cozy Comfort Company LLC

Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to… more

Appeals, Damages, Design Patent, JMOL, Noninfringement

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Michael Garone

Employers Can No Longer Require Arbitration of Sexual Harassment Claims

On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes… more

Arbitration, Arbitration Agreements, Dispute Resolution, Employer Liability Issues, Employment Contract

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W. Michael Gillette

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063… more

Biden Administration, Collective Bargaining Agreements (CBA), Commercial Litigation, Construction Industry, Construction Project

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Ryen Godwin

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The type… more

Clean Water Act, Environmental Policies, Government Agencies, Permits, Proposed Rules

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Elizabeth Graves

Latest Federal Court Cases: IGT v. Zynga Inc.

IGT v. Zynga Inc., Appeal No. 2023-2262 (Fed. Cir. July 22, 2025) In this week’s Case of the Week, the Federal Circuit examined the reviewability and merits of the Patent Trial Appeal Board’s decision to institute inter… more

Appeals, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation

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John Guinasso

What Landlords Need to Know with the Expiration of Oregon’s Commercial Eviction Ban

On June 26, 2020, in response to the COVID-19 pandemic, the State of Oregon passed House Bill 4213, which restricted a landlord’s ability to enforce certain rights if a tenant failed to pay rent during the “Emergency Period,”… more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Governor Brown

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Molly Gunther

SBA Proposes Major Updates to Revenue-Based Size Standards

On August 22, 2025, the U.S. Small Business Administration (“SBA”) published a notice of proposed rulemaking under which the SBA proposes to increase revenue-based size standards for 263 industries (the “Proposed Rule”)… more

Comment Period, Federal Contractors, NAICS, Notice of Proposed Rulemaking (NOPR), OMB

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Tyler Hall

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District of… more

Appeals, CAFC, Calculation of Damages, Claim Construction, Damages

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Jo Hansen

Treasury Pauses Penalties for Corporate Transparency Act

On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, FinCEN, Penalties

See all updates »

Molly Henry

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare, Ltd., Decided June 13, 2022

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private foreign… more

28 U.S.C. § 1782, Arbitration, Business Disputes, Business Litigation, Corporate Counsel

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Dave Hepler

OP-ED: Office-to-Residential Conversions and the Search for Feasibility

Portland, like many U.S. metro areas, has an abundance of office vacancies and a shortage of housing. These issues are not news, but rather an obvious — and fixable — disconnect between two real estate market sectors… more

Affordable Housing, Commercial Buildings, Legislative Agendas, Office Space, Oregon

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Joseph Hobson

CARES Act Questions for the Agricultural Industry - Update #7

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and… more

Applications, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA)

See all updates »

Stephanie Holmberg

‎2025 Real Estate & Construction Outlook in the Pacific ‎Northwest

What are the trends, challenges, and opportunities shaping the real estate & construction sector in 2025? From new regulations and workforce challenges to tariffs and market shifts, our recent webinar explored survey data… more

Commercial Real Estate Market, Construction Industry, Housing Market, Interest Rates, Mixed-Use Zoning

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Steve Horenstein

U.S. Supreme Court Limits Extent of Federal Authority Over Wetlands

Following years of administrative rulemaking and litigation, the U.S. Supreme Court published a much-anticipated decision interpreting what is a water of the United States (WOTUS) under the Clean Water Act (CWA). On May 25,… more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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Elizabeth Howard

Navigating Regulatory Changes: The Ninth Circuit’s CAFO Ruling and Oregon’s New Rules for ‎CAFOs

The Ninth Circuit’s ruling provides temporary relief from new federal water regulations, but Oregon has introduced more stringent state rules with regard to CAFOs. Understanding these changes is vital to stay abreast of the… more

Clean Water Act, Environmental Protection Agency (EPA), New Regulations, New Rules, Oregon

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Aukjen Ingraham

Biden Administration Voices Strong Support for the Jones Act

On January 25, 2021, President Biden signed the Ensuring the Future Is Made in All of America by All of America’s Workers (Made in America) Executive Order, which not only directs that federal government purchases and… more

Biden Administration, Buy American Act, Executive Orders, General Services Administration (GSA), Jones Act

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Noah Jarrett

Coast Guard Tightens Up Cybersecurity Regulations

The maritime industry has become a prime target for hackers. In the last few years, it has seen a steep increase in the number of shipping-related cyberattacks. The recent surge marks a new and pressing challenge for ports and… more

Coast Guard, Compliance, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting

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Kenneth Katzaroff

‎2025 Real Estate & Construction Outlook in the Pacific ‎Northwest

What are the trends, challenges, and opportunities shaping the real estate & construction sector in 2025? From new regulations and workforce challenges to tariffs and market shifts, our recent webinar explored survey data… more

Commercial Real Estate Market, Construction Industry, Housing Market, Interest Rates, Mixed-Use Zoning

See all updates »

Rosalyn DiLillo Knock

2025 Oregon Water Law Legislative Recap

A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have affected… more

Agribusiness, Agricultural Sector, Government Agencies, Groundwater, New Legislation

See all updates »

Shonee Langford

2025 Oregon Water Law Legislative Recap

A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have affected… more

Agribusiness, Agricultural Sector, Government Agencies, Groundwater, New Legislation

See all updates »

Nick Lauren

Oregon Workplace Violence Prevention and Protection Bill: Would SB 537 Cause More Pain Than It Alleviates?

The Oregon Senate is considering a bill that would impose new and expanded workplace violence prevention, response, and reporting obligations upon hospitals, ambulatory surgery centers, home health agencies, and home hospice… more

Employee Rights, Employer Responsibilities, Healthcare, Healthcare Facilities, Healthcare Reform

See all updates »

Sarah Roubidoux Lawson

Treasury Pauses Penalties for Corporate Transparency Act

On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, FinCEN, Penalties

See all updates »

Davis Leigh

Navigating Small Business Set-Asides

The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business… more

Federal Acquisition Regulations (FAR), Federal Contractors, GAO, Set-Asides, Small Business

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Laura Lemire

Agencies Release Actionable Guidance on Play Ransomware

The United States Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Australian Signals Directorate’s Australian Cyber Security Centre (ASD’s ACSC) have issued an updated… more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Security, FBI, Government Agencies

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Philip Lempriere

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare, Ltd., Decided June 13, 2022

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private foreign… more

28 U.S.C. § 1782, Arbitration, Business Disputes, Business Litigation, Corporate Counsel

See all updates »

Trevor Livingston

Treasury Pauses Penalties for Corporate Transparency Act

On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, FinCEN, Penalties

See all updates »

Alicia Lowe

Considerations for Year-End Estate Planning and Business Transitions

As we near the end of 2024, this is the perfect time to reexamine your tax and estate planning action items. There are plenty to address, and it’s wise to do so sooner rather than later. In reviewing year-end estate planning or… more

Business Succession, Charitable Deductions, Corporate Transparency Act, Estate Planning, Income Taxes

See all updates »

Samantha MacBeth

Estate Plan Maintenance

Having a fantastic estate plan does not mean much if you do not take steps to implement and maintain it. Just like your car, your estate plan requires maintenance. We have a few tips to help you keep your estate plan up to… more

Asset Management, Beneficiaries, Beneficiary Designations, Estate Planning, Inheritance

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Steven Mach

An Overview of Tech-Neutral Energy Tax Credits for Energy Project ‎Developers

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) have published final regulations for the Clean Electricity Investment and Production Tax Credits, also known as technology-neutral energy tax… more

Clean Energy, Energy Projects, Energy Sector, Energy Tax Incentives, Internal Revenue Code (IRC)

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Bradley Maier

Medical Care Providers and Their Foreign Health Care Professionals: Minimize the Risk of Immigration Enforcement

Recent changes in U.S. immigration policy have created unprecedented challenges for health-care providers and their sponsored foreign national employees. According to recent news reports, the Trump administration is considering… more

Department of Homeland Security (DHS), Employee Rights, Foreign Nationals, Foreign Workers, H-1B

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Andrew March

Minimum Wage Increase for Federal Contractors

Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into or… more

Biden Administration, Davis-Bacon Act, Department of Labor (DOL), Employees, Employer Liability Issues

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Jessie Minger

Preparing a Small Business for the Unexpected: Owner’s Illness and Incapacity

To run a successful business, an owner must plan meticulously. In 2021, there were an estimated 32 million closely held businesses in the US. However, 61% of ‎them lacked a written succession plan. A company’s beating heart is… more

Business Succession, Family Businesses, Guardianships, Small Business, Succession Planning

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Christine Moehl

Changes to Employee Benefit Plans in the One Big Beautiful Bill Act

On July 4, 2025, the One Big Beautiful Bill Act, 2025 (OBBBA) was enacted. The OBBBA is far-reaching and employers may need to do a lot of work to bring their systems and procedures into compliance. Some of the changes in the… more

Employee Benefits, Employees, Employer Liability Issues, Executive Compensation, Federal Budget

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Andrea Greene Montag

Inside the DOI’s Tribal Consultation on Energy & Workforce

On Tuesday, May 20, 2025, the Department of the Interior hosted a Tribal Consultation on Workforce Efficiency and Productivity (EO 14210) and Emergency Permitting Procedures to Strengthen Domestic Energy Supply in Anchorage,… more

Alaska, Bureau of Indian Affairs, Department of the Interior, Energy Policy, Environmental Assessments

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Alicia Morris

Understanding OPUC UM 2111 and Its Impact on Interconnection Processes

The Oregon Public Utility Commission (OPUC) opened Docket UM 2111 in June 2020 with the goal of investigating interconnection policies and processes to address emerging challenges in the energy sector. Phase 1 of this two-part… more

Energy Sector, Enforcement, Interconnections, Investigations, Oregon

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Patrick Mullaney

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et al… more

Appeals, Assessment, New Legislation, Notice Requirements, Property Improvements

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Anna Nollan

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared… more

Administrative Procedure Act, Chevron Deference, Energy Projects, Environmental Impact Statements, Judicial Review

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Bill Ohle

OP-ED: Catching Up on Oregon’s Updated Regulation of Architects

Back in 2023, with little fanfare, the Oregon Legislature passed Senate Bill 224: long overdue legislation that modernized the regulation of the practice of architecture in the state. Though the changes have been in effect for… more

Architects, Business Entities, Construction Industry, Legislative Agendas, Liability

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Joel Parker

What Landlords Need to Know with the Expiration of Oregon’s Commercial Eviction Ban

On June 26, 2020, in response to the COVID-19 pandemic, the State of Oregon passed House Bill 4213, which restricted a landlord’s ability to enforce certain rights if a tenant failed to pay rent during the “Emergency Period,”… more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Governor Brown

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Ken Pearson

Oregon’s New Microgrid Legislation: Paving the Way for Energy Resilience

Oregon has taken a groundbreaking step in clean energy with the enactment of two pioneering microgrid bills—HB 2065 and HB 2066. According to the Center for Climate and Energy Solutions, there are currently 692 microgrids… more

Clean Energy, Energy Policy, Environmental Policies, Infrastructure, Microgrids

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Edward Peters

Washington Employment Law Updates

A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding these… more

Ban the Box, Discrimination, Drivers, Employee Benefits, Employee Rights

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Larry Ream

Chapter 11 Bankruptcy is Expensive; the Small Business Reorganization Act Provides a Realistic Opportunity for Small Businesses to Reorganize

Many commentators have long complained and many companies have experienced the reality that bankruptcy laws are too complex, costly, and onerous to successfully allow small businesses to survive by reorganizing in bankruptcy… more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Reorganizations

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Milt Reimers

Ports Obtain Authority to Provide Wholesale and Retail Broadband under New Legislation

Port districts in Washington now have broad authority to extend broadband into unserved areas. ESHB 1336 amends RCW 53.08.370 to grant ports broad authority to provide wholesale and retail telecommunication services within… more

Broadband, Governor Inslee, Mobile Broadband Services, New Legislation, State Legislatures

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Kelly Riggs

‎2025 Real Estate & Construction Outlook in the Pacific ‎Northwest

What are the trends, challenges, and opportunities shaping the real estate & construction sector in 2025? From new regulations and workforce challenges to tariffs and market shifts, our recent webinar explored survey data… more

Commercial Real Estate Market, Construction Industry, Housing Market, Interest Rates, Mixed-Use Zoning

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Kent Roberts

Biden Administration Voices Strong Support for the Jones Act

On January 25, 2021, President Biden signed the Ensuring the Future Is Made in All of America by All of America’s Workers (Made in America) Executive Order, which not only directs that federal government purchases and… more

Biden Administration, Buy American Act, Executive Orders, General Services Administration (GSA), Jones Act

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Ryan Roberts

Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its… more

Appeals, Condemnation, Inland Waterways, Land Owners, Municipalities

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Craig Russillo

The Lender’s Role in the PPP Loan Review Process - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review and Appeals Process, ‎Part 3‎ - Update

Updated February 24, 2022 - Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness… more

Borrowers, Coronavirus/COVID-19, Economic Aid Act, Lenders, Loan Forgiveness

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Sara Sayles

Oregon’s New Microgrid Legislation: Paving the Way for Energy Resilience

Oregon has taken a groundbreaking step in clean energy with the enactment of two pioneering microgrid bills—HB 2065 and HB 2066. According to the Center for Climate and Energy Solutions, there are currently 692 microgrids… more

Clean Energy, Energy Policy, Environmental Policies, Infrastructure, Microgrids

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Elizabeth Schleuning

Reminder: Workplace Fairness Act goes into Effect October 1

With a pandemic and wildfires, it is understandable that many Oregon employers have not yet taken steps to comply with the Workplace Fairness Act ("Act") that takes effect on October 1, 2020… more

BOLI, Compliance, Employees, Employer Liability Issues, Employment Discrimination

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Maria Schmidlkofer

The Changing Landscape of Oregon Farm Succession Planning with the New Federal Gift & ‎Estate Tax Exemption under the One Big Beautiful Bill Act

Farm and ranch families can use the federal gift tax laws to avoid the Oregon estate tax on farms at death. As many folks are aware, anyone (including a non-resident) who owns real estate in Oregon that exceeds $1 million in… more

Estate Tax, Estate-Tax Exemption, Family Businesses, Farms, Federal Taxes

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Jessie Schuh

Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision

Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v… more

Clean Water Act, Direct Discharge, Discharge of Pollutants, Draft Guidance, Environmental Protection Agency (EPA)

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Marc Sellers

CPA Shoptalk: 8 Takeaways

On January 10th, 11th and 18th our tax attorneys ?hosted a "CPA Shoptalk" seminar in ?Portland, Vancouver and Bend. Below are ?some key takeaways to consider... 1. Partnership Audit Rules Post-TEFRA - The Balanced Budget… more

Beneficiaries, Business Taxes, C-Corporation, Charitable Donations, Corporate Taxes

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Charmin Shiely

The Lender’s Role in the PPP Loan Review Process - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review and Appeals Process, ‎Part 3‎ - Update

Updated February 24, 2022 - Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness… more

Borrowers, Coronavirus/COVID-19, Economic Aid Act, Lenders, Loan Forgiveness

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Christopher Slottee

Updates to FAR: Contractor Qualifications, Protests, Quality Assurance, and Terminations

The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 9 – Contractor Qualifications, FAR Part 33, Protests, Disputes, and Appeals, FAR Part 46,… more

Appeals, Bid Protests, Contract Disputes, Contract Termination, Federal Acquisition Regulations (FAR)

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Adam Smith

Federal Grants for Office-to-Residential Conversions and Transit-Oriented Development

As we’ve previously discussed, the Washington legislature recently passed legislation to allow conversion of underutilized commercial office space to residential units. The federal government recently established and revised… more

Department of Transportation (DOT), Federal Funding, Federal Grants, Infrastructure, Infrastructure Financing

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Dylan Sollfrank

OP-ED: Clarification of ‘Lawfully Established Units of Land’ in Oregon

There exist principles of law upon which most lawyers in a given field agree, but are more or less unstated by statutes or courts. These abound in certain corners of Oregon land use law and are rarely — if ever —… more

Appellate Courts, Deeds, Land Parcels, Land Use Restrictions, Partitions

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Paige Spratt

SBA Proposes Major Updates to Revenue-Based Size Standards

On August 22, 2025, the U.S. Small Business Administration (“SBA”) published a notice of proposed rulemaking under which the SBA proposes to increase revenue-based size standards for 263 industries (the “Proposed Rule”)… more

Comment Period, Federal Contractors, NAICS, Notice of Proposed Rulemaking (NOPR), OMB

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David Stearns

Clean Water Act Coverage – Another Revised WOTUS Rule

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the Clean… more

Clean Water Act, Environmental Protection Agency (EPA), Hawaii Wildlife Fund v County of Maui, Jurisdiction, Navigable Waters

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Garrett Stephenson

OP-ED: Clarification of ‘Lawfully Established Units of Land’ in Oregon

There exist principles of law upon which most lawyers in a given field agree, but are more or less unstated by statutes or courts. These abound in certain corners of Oregon land use law and are rarely — if ever —… more

Appellate Courts, Deeds, Land Parcels, Land Use Restrictions, Partitions

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Connie Sue Martin

Trump Administration Rescinds Biden-Era Executive Order Designed to Ensure Tribal Access to Federal Funding

On March 14, the Trump administration issued an Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions,” which rescinded 18 previous executive orders and other presidential actions, on topics… more

Biden Administration, Department of the Interior, Executive Orders, Federal Funding, Mental Health

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Stephen Sullivan

How Can We Promote Greater Inventor Equity in U.S. Patenting?

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and… more

Gender Equity, Intellectual Property Protection, Inventions, Inventors, Patents

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Ben Taylor

OP-ED: Legislation May Produce More Middle Housing Opportunities

Available data from the U.S. Census Bureau indicates that Oregon is not meeting Gov. Tina Kotek’s housing production goal of 36,000 new homes per year, nor is it on pace to address the need identified by the 2024 Oregon Housing… more

Affordable Housing, Government Agencies, Housing Developers, Housing Market, New Legislation

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Lance Termes

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

In Sanofi v. Watson Labs., the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another 12 years of exclusivity as to its Multaq® atrial fibrillation… more

Appeals, Doctrine of Prosecution Disclaimer, Generic Drugs, Obviousness, Patent Infringement

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Lindsay Thane

2025 Oregon Water Law Legislative Recap

A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have affected… more

Agribusiness, Agricultural Sector, Government Agencies, Groundwater, New Legislation

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Yvonne Tingleaf

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act (“DMCA”),… more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Tom Tongue

Treasury Pauses Penalties for Corporate Transparency Act

On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the… more

Beneficial Owner, Corporate Transparency Act, Enforcement Actions, FinCEN, Penalties

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Jim Vana

Use of Copyrighted Works for AI Training Purposes is Exceedingly, Spectacularly, and Quintessentially Transformative

On June 23, 2025, the Northern District of California federal district court issued the first substantive district court decision regarding the intersection of copyright law and generative artificial intelligence. The case… more

Algorithms, Artificial Intelligence, Copyright Infringement, Copyright Litigation, Copyright Office

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M. John Way

An Overview of Tech-Neutral Energy Tax Credits for Energy Project ‎Developers

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) have published final regulations for the Clean Electricity Investment and Production Tax Credits, also known as technology-neutral energy tax… more

Clean Energy, Energy Projects, Energy Sector, Energy Tax Incentives, Internal Revenue Code (IRC)

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Erin White

Estate Plan Maintenance

Having a fantastic estate plan does not mean much if you do not take steps to implement and maintain it. Just like your car, your estate plan requires maintenance. We have a few tips to help you keep your estate plan up to… more

Asset Management, Beneficiaries, Beneficiary Designations, Estate Planning, Inheritance

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Julie Wilson-McNerney

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared… more

Administrative Procedure Act, Chevron Deference, Energy Projects, Environmental Impact Statements, Judicial Review

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Savannah Wolfe

Preparing Your Business for Renewable Energy M&A

The renewable energy sector represents one of the most dynamic areas for mergers and acquisitions (M&A), driven by the global shift toward sustainable energy sources and carbon reduction goals. From utility-scale wind projects… more

Acquisitions, Clean Energy, Due Diligence, Energy Policy, Energy Sector

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Jennifer Woodhouse

Are You Prepared for Potential Adjustments to the Federal Estate Tax?‎

The federal estate and gift tax exemption is the highest it has ever been. Under current law, you may transfer almost $14 million to anyone you wish without having to pay a dime of federal gift or estate tax. Absent any… more

Clawbacks, Deadlines, Estate Planning, Estate Tax, Estate-Tax Exemption

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William Wright

The Fall of the Chevron Doctrine: Implications for Ports and Maritime Clients

Over the last forty years the Chevron doctrine, established by the Supreme Court in Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a pillar of administrative law in the United… more

Administrative Procedure Act, Ambiguous, Chevron Deference, Chevron v NRDC, Government Agencies

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Jason Wrubleski

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District of… more

Appeals, CAFC, Calculation of Damages, Claim Construction, Damages

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