K&L Gates LLP (JD Supra United States)

3144 results for K&L Gates LLP (JD Supra United States)

  • Biden Administration ESG Activity Accelerates

    On 20 May 2021, President Biden announced an Executive Order to help “tackle the climate emergency,” a top priority for his Administration.1 The Executive Order builds upon the Securities and Exchange Commission’s (SEC or Commission) on-going efforts to develop a disclosure framework for environmental, social, and governance (ESG) risks, particularly climate change-related financial risk. SEC...

  • D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review

    The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental...

  • COVID-19: EEOC Issues Long-awaited Guidance Allowing Employers to Provide Employees with Incentives for COVID-19 Vaccinations

    On 28 May 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (Guidance). The Guidance states that employers may offer incentives (in some instances, substantial incentives) to employees who voluntarily demonstrate that they...

  • Hydrogen Rising: U.S. Tax Incentives: New Opportunities for Hydrogen Investments

    In part one of a two-part series, K&L Gates’ Seattle partner and leader of the firm’s Renewable Energy Tax practice, Elizabeth Crouse, speaks with Hydrogen Rising co-host David Wochner about federal tax incentives for hydrogen, including pros and cons related to the 45Q tax credit and a discussion of U.S. Senator Tom Carper’s new legislation specifically promoting investments in hydrogen.

  • Health Care Triage: The Power of Health Care: Renewable Energy Transactions from the Health Care Perspective

    Businesses across all industries are experiencing a drive toward sustainability. Companies want to be at the forefront of this movement, not only out of ethical considerations, but also because it is in their financial interests to do so. In this episode, Richard Church interviews Teresa Hill, a partner in our energy practice, about the history and structure of power purchase agreements and the...

  • COVID-19: Employers Can't Miss the Shots Employees Don't Take: Santa Clara County Requires Employers to Track Employees' Vaccination Status

    As the numbers of vaccines distributed and vaccines taken in the United States continue to increase, state and local governments are implementing divergent approaches regarding vaccination guidance. While some states have prohibited businesses or public agencies from inquiring about their employees’ vaccination status or requiring vaccine passports, Santa Clara County, California has implemented...

  • Washington State Legislature Passes Capital Gains Tax Bill

    On 4 May 2021, Governor Inslee signed Engrossed Substitute Senate Bill 5096 (the Act), establishing a state-level tax on long-term capital gains for Washingtonians, beginning 1 January 2022.

  • The Energizer – Volume 90

    Twinning Nuclear Reactors with Machine Learning - A multidisciplinary team from the Idaho and Argonne National Laboratories, Kairos Power, and Curtiss-Wright, along with support from academics, have developed digital twin nuclear reactors.

  • 340B Update: HRSA Issues Final Warning Letter to Pharmaceutical Manufacturers That Their Contract Pharmacy Actions Violate 340B Statute

    On 17 May 2021, the Acting Administrator of the Health Resources and Services Administration (HRSA), Diana Espinosa, sent letters to six pharmaceutical manufacturers stating that the manufacturers’ actions to limit access to 340B Program pricing for covered entities that dispense medications through contract pharmacies have resulted in overcharges and are in direct violation of the 340B statute.1

  • If San Francisco Is Not Your Final Destination...

    For more than two decades, the Federal Circuit has held that correspondence alone from a patentee to a possible infringer would not subject it to personal jurisdiction in any declaratory-judgment action the alleged infringer might file in its “home” jurisdiction.

  • USPTO Proposes Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020

    On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain provisions of the TMA, as detailed below. The proposed new and amended rules: (1) establish procedures and fees for ex parte expungement and reexamination proceedings, (2) provide

  • COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - May 2021 #1

    The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have enacted policies or implemented moratoriums for evictions or foreclosures due to COVID-19. Please see full List below for more information.

  • Litigation Minute: Bankruptcy Issues for Vendors and Other Contractual Counterparties

    WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant to Title 11 of the U.S. Code (the Bankruptcy Code). The ongoing COVID-19 pandemic has caused economic stress to a wide variety of business sectors, and it has underscored...

  • Hydrogen Rising: Fuel Cells & Beyond: Cummins & the Hydrogen Economy

    Hydrogen Rising co-hosts Sandra Safro and David Wochner welcome to the podcast Traci Kraus, Director of Government Relations for Cummins Inc., to discuss Cummins’ role in the development of the hydrogen economy, the opportunities and applications Cummins sees on the horizon, and the chances for advancement of the U.S. hydrogen industry on Capitol Hill and in the new Biden Administration.

  • COVID-19: Massachusetts to Lift Most COVID-19 COVID-19 Restrictions and End State of Emergency

    Effective 29 May 2021, most of the Commonwealth of Massachusetts’ remaining COVID-19 restrictions will be lifted and its face covering order will be rescinded and replaced with a face covering advisory consistent with the Centers for Disease Control and Prevention’s (CDC) updated guidance. Importantly, this means that there will be no capacity limitations, social distancing measures will no...

  • COVID-19: Returning to a Mask-Free Workforce? Not Quite Yet

    On 13 May 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance, stating that individuals who are fully vaccinated against COVID-19 “can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.”

  • SEC to Move Quickly on Proposed ESG Disclosures

    The Securities and Exchange Commission (SEC or the Commission) has announced a series of initiatives reorienting the Commission’s agenda to focus on environmental, social, and governance (ESG) issues. In particular, the Commission is gearing up to develop a framework to address ESG disclosures, including climate change risk and diversity and inclusion metrics. According to Chairman Gary Gensler,...

  • The Energizer – Volume 89

    HYDROSTOR RECEIVES FUNDING FOR UTILITY-SCALE A-CAES FACILITY - On 15 April, Hydrostor announced receipt of nearly US$4 million in funding from Natural Resources Canada’s Energy Innovation Program and Sustainable Development Technology to develop a 300-500 megawatt (MW) Advanced Compressed Air Energy Storage (A-CAES) facility. An A-CAES facility uses renewable energy or excess grid energy to...

  • Fashion Law Update - May 2021 Edition

    In this edition of Fashion Law, we have a huge selection of articles from around the world. As many countries ease into a new way of living with/post COVID-19, the way we do business has changed. Some businesses managed to expand their offerings going online, while others needed to increase their brand protection to counteract copycats, trademark, and design infringements. Please see...

  • Not a Preferred Course: 11th Circuit Decides FDCPA Question in Hunstein v. Preferred Collection and Management Services

    On 21 April 2021, the 11th Circuit held that a debt collector’s transmittal of a customer’s debt-related data to a third-party letter preparation vendor without authorization stated a Fair Debt Collection Practices Act (FDCPA) claim under 15 U.S.C. § 1692c(b). The 11th Circuit’s decision may have implications for the debt-collection businesses that outsource customer-related tasks to vendors.

  • Congressional Investigations: Key Developments in the Law and Landscape

    In our new episode of the Congressional Investigations 101 podcast, we welcome back Andy Wright, a partner in our U.S. Congressional Investigations and Public Policy and Law practices, after his brief hiatus to work on a project for President Biden. Andy discusses Congress’ investigative priorities and the impact that the U.S. Supreme Court’s ruling in Trump v. Mazars USA may have on...

  • Fintech Forward: Payments Across the Globe Miniseries - Trends in the U.S.

    In this episode Judith Rinearson interviews Mary Baker and Daniel Cohen about the major changes in the U.S. beyond COVID-19 since the election, focusing on the establishment of the new U.S. administration and the initiatives that have triggered more legislation in the payments, banking and fintech landscape.

  • COVID-19: U.S. Employer Checklist

    The following is a list of suggested practices for businesses to consider during the reopening process as they return employees to in-person work after an extended period of working remotely. The following are suggested practices for employers across all industries and are generally applicable to office settings.

  • The Conscience of the Fictional Reasonable Person and the Concept of "Doing the Right Thing" - Their Impact on Directors Duties

    The ‘reasonable person’ test is used to interpret much of our statutory law and concepts in equity. It is the required standard to determine the extent of directors’ duties under the Corporations Act, which imposes their legal obligation to act in accordance with the community values and expectations of our society. There has been extensive movement in community expectations of how directors...

  • COVID-19: Washington State Resource Guide for Individuals Dealing with COVID Financial Impacts

    This guidebook is designed to serve as an interactive reference for individuals in Washington state looking for information and resources available to help with the financial impacts of COVID-19. It is not legal advice and the information in this guidebook is subject to change. Individuals are responsible for verifying the accuracy of all information. Because of demand for services, some websites

  • Supreme Court Holds the FTC Act Gives No Authority to Bypass Administrative Cease-And-Desist Orders

    In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act1 (FTC Act) to obtain restitution of losses or disgorgement of profits resulting from “unfair methods of competition” or “unfair or deceptive acts or practices.” In doing so, the FTC has circumvented often time-con

  • Client Conversations: Interview with Cami Richardson, Former CFO of American Skiing Company and LGBTQ Community Advocate

    In this episode, former Chief Financial Officer of American Skiing Company and LGBTQ community advocate, Cami Richardson, recounts her business career and shares her personal journey on coming out as a transgender woman at 62 years old. Originally from New York, Cami Richardson was a firefighter before working her way up to become chief financial officer at American Skiing Company and helped...

  • COVID-19: Federal Judge Rules CDC Not Authorized to Issue Nationwide Eviction Moratorium

    A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.

  • HHS Exemptions for Buprenorphine (but not Methadone) Prescribers

    For the year ending August 2020, provisional data from the Centers for Disease Control and Prevention shows that opioid overdose deaths increased 26.8 percent compared to the previous 12 months, with opioid overdoses resulting in more than 88,000 deaths. The Department of Health and Human Services (HHS) has observed that these deaths disproportionately affect working Americans with families, with

  • California's Preemption Analysis Creates Circuit Split Making AB-5 Ripe for Supreme Court Review

    On 30 April 2018, the California Supreme Court issued the seminal decision in Dynamex Operations West, Inc. v. Superior Court, adopting the “A-B-C Test” for determining independent contractor status in the state. The A-B-C Test, which superseded the prior, less stringent common law Borello test, was later codified by the state legislature in California Assembly Bill 5 (AB-5).

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