Perkins Coie LLP (LexBlog United States)

2812 results for Perkins Coie LLP (LexBlog United States)

  • SCOTUS Rejects Negligence Standard in ‘Pill Mill’ Cases

    The US Supreme Court in Ruan sided with doctors seeking a burden of proof higher than mere negligence in prosecutions for unlawful distribution of controlled substances. The decision represents a significant win for those worried about overcriminalization and the associated risk of losing the criminal law’s critical stigmatic impact, write Perkins Coie attorneys T. Markus...

  • Court Upholds Equitable Easement Between Neighbors in Property Line Dispute

    The court reversed a decision to grant an implied easement between two homeowners but upheld granting an equitable easement. Romero v. Shih, 78 Cal. App. 5th 326 (2022). The two parcels in question were owned originally by the Cutlers, who initiated a boundary line adjustment in 1985 and built a fence along the new property...

  • Should You Disclose the Identity of a Shareholder Proponent in Your Proxy?

    A question we sometimes hear from clients during proxy season is whether to include the name of the proponent in the proxy statement with a shareholder proposal made under Rule 14a-8. Rule 14a-8(l) allows a company to decide whether to include information in the proxy statement on a proponent (name, address, and number of shares...

  • FCC Requires Gateway Providers to Combat Foreign-Based Robocalls

    The Federal Communications Commission recently adopted certain final rules, policies, and proposed rules to “stem the tide of foreign-originated illegal robocalls.” The FCC Order targets so-called “gateway providers,” which are U.S.-based intermediate providers that receive calls directly from a foreign provider or its U.S.-based facilities before transmitting the calls downstream. Among other...

  • CLIMB Act Introduced in Congress

    Late last week, a bi-partisan pair of federal lawmakers introduced a new bill to expand cannabis companies’ access to financial resources and opportunities. Introduced by Reps. Troy Carter (D-La.) and Guy Reschenthaler (R-Pa.), the Capital Lending and Investment for Marijuana Businesses (“CLIMB”) Act, H.R. 8200, aims to permit cannabis businesses to engage with community development,...

  • Upcoming Webcast: “Proxy Season Post-Mortem – 20 Things”

    Join us in roughly two weeks – on Thursday, July 14th – for a webcast: “Proxy Season Post-Mortem – 20 Things” – to hear Perkins Coie’s Allison Handy, Kelly Reinholdtsen and Broc Romanek – and Proxy Analytics’ Steve Pantina – as they cover what happened during this wild proxy season, from shareholder engagement, investor and...

  • Court Upholds EIR for Kern River Diversion and Storage Project

    A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water rights and groundwater supply.  Buena Vista Water Storage District v. Kern Water Bank Authority 76 Cal. App. 5th 576 (2022). Until...

  • SEC Finally Mandates E-Filings for Forms 144 and Glossy Annual Reports

    Given how old that the SEC’s Edgar now is, it’s always surprising to realize that the SEC still allows some forms to be filed on paper. But those days will soon be behind us as the SEC recently amended its rules to require electronic filing of additional forms, including: Forms 144 – Effective six months...

  • State AGs Call for Congressional Action on Copycat THC Edibles

    More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular products.  In their June 22 letter, the state AGs voiced their concern, particularly for children, writing that “copycat THC edibles pose a grave risk...

  • County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

    The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700 (2022). The dispute in this case surrounded the potential development of a 110-acre parcel on an...

  • EIR Recirculation Not Required Where Final Version of Approved Project Was Not Specifically Evaluated in EIR

    The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the finally approved project was not required under CEQA; and (3) because the revised project was not significantly different from alternatives...

  • Upcoming Webcast: “Proxy Season Post-Mortem – 20 Things”

    Join us on Thursday, July 14th for a webcast – “Proxy Season Post-Mortem – 20 Things” – to hear Perkins Coie’s Allison Handy, Kelly Reinholdtsen and Broc Romanek – and Proxy Analytics’ Steve Pantina – as they cover what happened during this wild proxy season, from shareholder engagement, investor and proxy advisor voting – as...

  • CEQA Challenge to Campus Town Project in Monterey County Was Untimely

    The Court of Appeal held that a writ petition asserting potential CEQA violations concerning the Campus Town project, a significant development project in Monterey County, was untimely because it was filed after the fixed end date of the COVID 19-related Emergency Rule 9(b) tolling period established by the Judicial Council. Committee for Sound Water v....

  • In-House Corner: Confusing Areas of Securities Law

    This feature of our blog is where our in-house readers share tips, anecdotes and thoughts about things that come up in their daily practice. This particular batch of thoughts is about those areas of securities law that tend to be the most confusing [Part 2 coming soon; feel free to ping me and share your...

  • Getting the Right Fit: Biometric Privacy and the Apparel Industry

    In recent years, apparel and retail businesses have increasingly sought to provide customers with options to interact with the brand’s merchandise and services in virtual environments. This includes everything from virtual try-on to virtual stores in the metaverse. Depending on their specific nature, these services could potentially trigger biometric privacy laws, generating risk for businesses...

  • Forming a Standalone E&S Board Committee: 4 Things to Consider

    Following up on my blog about “Should You Create a Standalone E&S Board Committee?,” for those boards who decide to establish standalone board committees for ESG, here are four things to consider: New Board Committee’s Name – It should be broad enough to encompass its purview. How broad a reach will this new committee have?...

  • EIR’s Statement of Project Objectives Was Unduly Narrow

    The EIR for a bottling plant in Siskiyou County withstood challenges to the project description and impacts analysis, but the EIR’s stated project objectives were unreasonably narrow and the County should have recirculated the EIR in light of significant new information about project emissions. We Advocate Through Environmental Review v. County of Siskiyou, No. C090840...

  • FTC Seeking Public Input to Modernize Digital Advertising Guidance

    On June 3, 2022, the FTC made a request for comments about .com disclosures, including the increased use of dark patterns, manipulative user interface design, and other forms of digital deception that pose unique risks to consumers online and in the mobile space. The FTC is considering updating and reissuing its guidance document “Dot Com...

  • 4 Reasons Why You Don’t Want to Be Deemed an “Executive Officer”

    Over the years, I’ve talked to a number of company executives who think they want to be deemed an “executive officer” for purposes of the company’s SEC’s filing. I always say in response, “you don’t.” They argue that “Sally is an executive officer listed in our annual report. And I’m just as important as her!”...

  • Prop 65 Plaintiffs Set Their Sights on Cannabis Industry

    As the cannabis industry and its associated sectors have gained increasing social and legal acceptance, these businesses have started to face an issue that has been plaguing traditional Consumer Packaged Goods companies in the state of California for decades—Proposition 65 claims. Proposition 65 is a California initiative approved by voters in 1986 and enacted into...

  • Don’t Allow New Subsidiaries to be Formed Without Your Approval

    Following up on my series of blogs about subsidiaries, to be proficient when managing subsidiaries, you need to be organized. You want things to run smoothly once an entity is formed – and to help guide you when you’re deciding whether to approve a new entity. The linchpin of this is to set up an...

  • Blockchain Industry Group White Paper – Fundamentals of Non-Fungible Tokens

    Non-fungible tokens have been widely adopted across a variety of industries. The fast-developing NFT ecosystem of technical and commercial innovation is aimed at the promise of bridging physical world concepts of uniqueness and scarcity with the digital world. As with all forms of technical innovation, NFTs pose unique legal challenges to participants in this ecosystem....

  • Fundamentals of Non-Fungible Tokens White Paper

    Non-fungible tokens have been widely adopted across a variety of industries. The fast-developing NFT ecosystem of technical and commercial innovation is aimed at the promise of bridging physical world concepts of uniqueness and scarcity with the digital world. As with all forms of technical innovation, NFTs pose unique legal challenges to participants in this ecosystem....

  • Blockchain Industry Group White Paper – Fundamentals of Non-Fungible Tokens

    Non-fungible tokens have been widely adopted across a variety of industries. The fast-developing NFT ecosystem of technical and commercial innovation is aimed at the promise of bridging physical world concepts of uniqueness and scarcity with the digital world. As with all forms of technical innovation, NFTs pose unique legal challenges to participants in this ecosystem....

  • Blockchain Industry Group White Paper – Fundamentals of Non-Fungible Tokens

    Non-fungible tokens have been widely adopted across a variety of industries. The fast-developing NFT ecosystem of technical and commercial innovation is aimed at the promise of bridging physical world concepts of uniqueness and scarcity with the digital world. As with all forms of technical innovation, NFTs pose unique legal challenges to participants in this ecosystem....

  • U.S. Treasury Renews Focus on AML Risks for Investment Advisors

    The U.S. Treasury is taking a fresh look at requiring investment advisers to meet the same standards as banks and broker-dealers, including potentially subjecting investment advisers to the BSA/AML compliance and reporting requirements that apply to other types of financial institutions.

  • Director Overboarding: Nip Any Problems in the Bud

    For quite some time now, the perils of directors serving on too many boards – known as “overboarding” – have been well known and frowned upon. Directors serving on too many boards tend to have limited time available to focus properly on the tasks at hand. Some – or all – of the entities for...

  • Fintech Legal Report—Week of May 6, 2022

    Weekly Fintech Focus The CFPB plans to review CARD Act Rules. The Treasury Department proposes clarifications to regulatory treatment of Earned Wage Access programs. CFPB Director Chopra Plans to Review CARD Act Rules The day after a tough hearing with the Senate Banking Committee, on April 27, 2022, the House Financial Services Committee held a...

  • Our New Guide: “Dealing with New Lines of Business & Evolving Segments”

    Allison Handy has put her deep knowledge to use in putting together this practical guide: “Dealing with New Lines of Business & Evolving Segments.” Check it out!

  • Should You Create a Standalone E&S Board Committee?

    Given the heightened interest in sustainability, in social issues, in workforce issues, some companies have moved oversight of their company’s activities in these areas to a standalone board committee. Is that necessary? Is that overkill? It depends. For many companies, I think they’ll find that issues tied to E&S are touching the lives of each...

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