Davis Wright Tremaine LLP (JD Supra United States)
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TSA Security Directive Requires 30-Day Cybersecurity Assessments, Rapid Incident Notification for "Critical" Pipeline and LNG Facilities
Less than a month after the high-profile ransomware attack against Colonial Pipeline, the Department of Homeland Security's (DHS) Transportation Security Administration (TSA) has issued its first-ever set of mandatory cybersecurity rules for pipelines and liquefied natural gas (LNG) facilities.
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ASBCA Exercises Jurisdiction Over Contractor Claim Despite Government's Allegations of Fraud
In Nauset Construction Corporation,1 the Armed Service Board of Contract Appeals once again addressed how Government allegations of fraud impact the Board's ability to hear a claim.
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Senate Finance Committee Advances Emissions-Based Overhaul of U.S. Energy Tax Code
On May 26, 2021, the Senate Finance Committee advanced the Clean Energy for America Act (S.1265, 117th Congress) to the full Senate on a party-line vote. The legislation, which is a component of President Biden's Build Back Better plan, would overhaul the federal energy tax code by consolidating more than 40 different energy tax incentives into a set of emissions-based provisions that encourage...
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New York City Biometrics Law Takes Effect in July 2021
Following the municipal ban on the use of facial recognition technology in Portland, Oregon, New York City's more expansive "biometric identifier information" law, set to go into effect July 9, 2021, will ban the sale of biometric data but permit the use of biometric identifying technologies with posted notice to customers in "simple language" to be prescribed by forthcoming rules.
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6th Circuit Largely Affirms FCC Ruling That Most In-Kind Franchise Requirements Are Franchise Fees
On May 26, 2021, the U.S. Court of Appeals for the 6th Circuit affirmed most aspects of the Federal Communications Commission's (FCC) 2019 ruling that nearly all non-cash (or "in-kind") assessments required by cable franchises constitute franchise fees subject to the 5 percent cap under the Communications Act.
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SCOTUS Clarifies Scope of CERCLA Contribution Claims
This week, the U.S. Supreme Court decided the case of Guam v. United States, clarifying when contribution actions under CERCLA may be brought. In a unanimous decision overturning the D.C. Circuit, the Court held that a settlement must resolve a CERCLA liability, and not liability under some other environmental statute, to trigger a contribution action under CERCLA. The Court refused to "treat 113(
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New Oregon Law Targets Non-Competes (Again)
Over the past several years, Oregon's legislature has whittled away at non-competition agreements with the focus on increasing employee mobility and autonomy. Non-competition agreements were once again a target for the legislature in 2021.
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Is There a First Amendment Right to Tweet?
Last month, TikTok user nas.alive asked people to answer the question: "What's one thing that is normal in your country but weird for the rest of the world?" It took off. Missing among the videos of bagged milk (Canada), nose-touching (UAE), live fish dwelling in bathtubs (Slovakia), and other global oddities was a primer on the First Amendment (U.S.).
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Following Colonial Pipeline Ransomware Attack, Oil and Natural Gas Companies Must Prepare for New Regulations and Added Scrutiny of Cybersecurity Programs
The May 7, 2021, ransomware attack against Colonial Pipeline may be a turning point in the way the United States thinks about cybersecurity. The attack underscores the significant threat cyberattacks pose to operational technology (OT) and industrial control systems (ICS)—particularly those in the oil and natural gas industries—and the very tangible harms of cyberattacks.
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Center for Internet Security Updates CIS Controls With Focus on Cloud, Mobile, and Remote Work
Now is a great time to review your security posture, as you have a new tool to help you. On May 18, 2021, the Center for Internet Security (CIS) released Version 8 of its CIS Controls, formerly known as the CIS Critical Security Controls (and often called the "CIS Top 20").
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Stay ADvised: What's New This Week - May 2021
Shining a metaphorical light on claims about solar panels, the office of New Jersey State Attorney General Gurbir S. Grewal has entered into a consent order compelling a company accused of deceptive advertising its solar panel products to change its tune.
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Washington State's Expanded TIF Authority Creates Powerful Catalyst for Public-Private Partnerships
On May 10, 2021, Governor Jay Inslee signed ESHB 1189 (TIF for Jobs bill), completing a bipartisan legislative effort to grant new powers of Tax-Increment Financing (TIF) to the state's cities, counties, and port districts.
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A Look at the California DFPI's Debt Collection Oversight Measures Thus Far
Since the California Department of Protection and Financial Innovation's (DFPI) formal establishment at the beginning of this year, a number of issues have come into focus as key agency priorities. Among these, debt collection is one of the highest priority issues for the new department—which has been busy to that end. Here, we highlight the DFPI's recent debt collection-focused public statements
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Washington State Capital Gains Tax Issues for Family Businesses
Beginning January 1, 2022, Washington state will impose a 7 percent capital gains tax on annual long-term capital gains that exceed a $250,000 annual threshold. Individuals subject to the tax are Washington state residents, as well as nonresidents who sell tangible personal property located in Washington at the time of the sale.
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California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
The California Court of Appeal recently reversed a trial court's dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner's claim "occurred" for purposes of an insurance policy, that dispute must be resolved by a jury.
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Closing the Homework Gap—New $7B Temporary Program an Important First Step
Congress created the E-rate program more than 20 years ago in order to provide internet connectivity to the nation's libraries and schools, but educators and industry have complained for years that it is inadequate to close the homework gap. Calls for reform intensified during COVID-19, and Congress and the Federal Communications Commission (FCC) have now created a new $7.17 billion program to...
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Washington Enacts New Capital Gains Tax for 2022 and Beyond
Washington's legislature passed a new capital gains tax in April (Engrossed Substitute S.B. 5096), which was signed by Governor Inslee on May 4, 2021. The new law will take effect January 1, 2022.
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Impact of Washington State Capital Gains Tax on Trusts
As a result of Governor Jay Inslee signing S.B. 5096 on May 4, 2021, Washington state will begin imposing a 7 percent tax on certain long-term capital gains beginning January 1, 2022. For a detailed overview of the new law, see Washington Enacts New Capital Gains Tax for 2022 and Beyond.
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Federal Regulators' Artificial Intelligence Initiative Is a Promising Development for Financial Industry (Update)
Update: On May 17, 2021, the agencies extended the deadline for comments from June 1, 2021, to July 1, 2021. The text of this post has been updated accordingly.
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White House Releases Wide-Ranging Executive Order on Cybersecurity
On Wednesday, the White House released a widely anticipated Executive Order on Improving the Nation’s Cybersecurity (EO). The EO addresses four major areas of cybersecurity maturity for the federal government and its private sector contractors and suppliers: information sharing and incident reporting, enhancing software supply chain security, modernizing the cybersecurity of federal systems, and...
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Five States Advance Bills Regulating Pole Attachment Rates
This legislative session we're witnessing similar types of bills that aim to level the playing field between pole attaching entities and pole owners—including cooperatives and municipalities—by capping rates and requiring equal treatment among attachers. We summarize five different states' pending bills and recent enactments below.
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California's 2021 Minimum Wage Increase to Impact Exempt and Nonexempt Employees (Updated)
Update May 12, 2021: This advisory has been updated to include the latest information on California local minimum wage rates. A new year means new changes to California's minimum wage laws. California employers should take note of the following changes to state and local minimum wage laws—set to take effect on January 1, 2021—that will impact both nonexempt and exempt employees.
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New York Approves HERO Act With Technical Amendments
As discussed in our previous advisory, the New York Legislature passed the New York Health and Essential Rights Act (HERO Act), requiring all New York employers to implement certain health and safety standards and to adopt a prevention plan to address the spread of COVID-19 and other airborne infectious diseases in the workplace. Governor Cuomo signed the legislation on May 5, 2021, after...
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Choice of Law and Venue Clauses in Sale Transactions: Why They Matter
These may be issues that only a lawyer could love, but the choice of law and venue for disputes can have major consequences. There are 51 different sets of laws in the United States. Each state has its own rules and regulations, and federal law applies across the country. In the modern commercial world, companies have the capacity to do business throughout the entire nation and even the globe.
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Federal Court Says Voice Service Providers "Mey" Face TCPA Liability for Facilitating Spoofed Robocalls, Denies Motion to Dismiss
When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability as a "common carrier."
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Selling the Family Business: Dispute Resolution Mechanisms
Unlike in litigation, most parties to an M&A transaction are actively working towards a shared, overarching goal. Namely, they both want to get the deal done expeditiously. However, it would be a mistake to assume that the interests of buyers and sellers are aligned in all respects.
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Washington's New Nonprofit Corporation Act: Is Your Nonprofit Ready?
Governor Inslee signed into law an all-new Washington Nonprofit Corporation Act (New Act). The New Act will completely replace the current Washington Nonprofit Corporation Act, which has seen only minor updates since its adoption in 1967.
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New York HERO Act Mandates New COVID-19 Workplace Protections and Joint Labor-Management Workplace Safety Committees
The New York Legislature has passed the New York Health and Essential Rights Act ("HERO Act"), NY State Senate Bill S1034B, which requires all New York employers to implement certain health and safety standards and to adopt a prevention plan addressing the spread of COVID-19 and other airborne infectious diseases in the workplace.
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Biden Appoints Made in America Director
The Biden Administration took a major step to implement the President's January 25, 2021, Executive Order, focused on building up the Buy American and Buy America statutes and regulations, with the appointment of the first director of the new Made in America office.
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No Time Like the Present: Estate Planning Strategies for Potential Changes in 2021 and Beyond
The Estate Planning Team at Davis Wright Tremaine LLP issues advisories regularly to communicate important law changes and other matters of interest to our clients, their advisors, and our friends. The 2020 presidential campaign featured many different tax proposals, and by now you have likely seen media coverage reporting on potential federal and state tax law changes. Here we offer a number of...