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Articles by Lane Powell PC
Speak Out Act Should Prompt All Employers to Revisit Nondisclosure and Nondisparagement Agreements
Many businesses ask employees to sign confidentiality and nondisclosure agreements to protect trade secrets and proprietary information. Likewise, when employment ends or when resolving workplace disputes, employees are often asked to sign agreements containing nondisclosure and nondisparagement clauses in exchange for severance.
ERISA: Ninth Circuit-Why Denial Letters Must Include All Rationale to be Asserted in Litigation
Can a district court consider new arguments justifying claim denial that were not articulated in the initial claim denial or appeal? NO.
Federal #MeToo Law Should Cause Employers to Rethink Mandatory Arbitration Agreements
Many employers have adopted arbitration agreements to limit costly employment litigation, potential runaway juries, and workplace disputes that become tried in the court of public opinion.
Washington State Designates PFAS 'Forever Chemicals' as Hazardous Substances
The Washington Department of Ecology has taken the formal step of designating as hazardous substances the family of manufactured chemicals called per- and polyfluoroalkyl substances, referred to collectively as “PFAS” and more colloquially as “forever chemicals” because of their persistence in the environment.
Oregon Adopts Tax Deduction Workaround for Oregon Income Taxes Attributable to Partnership and S Corporation Income
Under recently enacted Oregon legislation, certain partnerships and S corporations may elect to pay an “alternative business income tax” at the entity level. Or Laws 2021, ch 589 (SB 727).
Run It Back — Maximizing PPP Loan Forgiveness | Lexology
For businesses fortunate enough to obtain a Paycheck Protection Program (PPP) loan, one of the biggest questions is how the forgiveness part of the program will work. We previously provided some guidance on loan forgiveness, in this Legal Update, noting the many open issues that require Small Business Administration (SBA) policy decisions and published guidance. The SBA was to issue guidance on this issue by April 26, but that day has come and gone without any new policy decisions on the subject.
The Digital Age of Shipping is Here — The IMO Mandatory Electronic Information Exchange is Now in Effect | Lexology
The International Maritime Organization (“IMO”) Convention on Facilitation of International Maritime Traffic (the “FAL Convention”) was adopted in 1965 for the purpose of implementing a more streamlined logistics process for the transport of passengers, ships, and cargo in international trade. The FAL Convention has 121 Contracting Governments.
Roundup of White Collar News | Lexology
Happy holidays after a long break. While we may have been quiet, DOJ has not. The U.S. Attorney’s Office in Portland has charged three men with bank fraud and money laundering. The three allegedly used SnapChat to recruit students at Grant High School in Portland to deposit counterfeit checks, luring the teens with pictures of fancy cars and piles of cash in a social media group called the “God Squad.” Start ’em young, I guess.
DC Appeals Court Upholds FAA Authority to Establish Safety Standards for Recreational Drones | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
SEC Guidelines on Public Company Cybersecurity Disclosures | JD Supra
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Third Circuit Affirms Dismissal of Plaintiffs’ Challenge to Risk Factors and Earnings Projections, in Williams v. Globus Medical, Inc. (July 28, 2017) - Lexology
A recent Third Circuit opinion demonstrates the high bar that plaintiffs face when attempting to plead the falsity of two categories of statements: (1) risk factors alleged to be misleading because the warned-of risk had already materialized, and (2) forward-looking earnings projections. In Williams v. Globus Medical, Inc., — F.3d —, 2017 WL 3611996 (3rd Cir. Aug. 23, 2017), the Third Circuit affirmed a district court ruling dismissing such claims.
Oregon’s amendment of the Unlawful Trade Practices Act makes privacy policies and consumer contracts required reading
Effective May 25, 2017, privacy statements that are “materially inconsistent” with how you handle consumer information violate a new amendment of the Oregon Unlawful Trade Practices Act (“UTPA”).[1] A consumer may file a complaint against you based on the belief that you handle consumer information inconsistent with the terms of your privacy statements.
Myths & Misconceptions of Biotech Securities Claims: An Analysis of Motion to Dismiss Results from 2005-2016
To view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF . Small, development stage biotech companies are widely considered to be attractive targets for securities actions given the inherent risks of the industry and the volatility of their stock prices. As a result, many of these companies have relatively limited D&O insurance options. But are the assumptions that act to limit their options correct?
ERISA (9th Circuit): How Long Can a Sedentary Person Sit? You Better Check the Dictionary of Occupational Titles
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Jaguar Land Rover Ltd Puts the Brakes on the Trivett Family Trust
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Answering the Question: ‘Can third parties challenge a copyright Work Made for Hire ownership assertion?’
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ERISA: Failure to Present “Objective Findings of Impairment” Supports Denial of Mental Disability Claim
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If More States Vote ‘Green’ This November, Some Believe It Could Be ‘The Beginning of the End of the War On Marijuana’
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Washington Supreme Court Announces New Rule on Attorney-Client Privilege: Post-Employment Communications Between Corporate Counsel and Former Employees Are Discoverable | Lane Powell PC - JDSupra
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Private Foundations: Taking Them Beyond Checkbook Philanthropy
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Are We Headed into a Perfect Storm of Securities Class Action Filings?
The history of securities litigation is marked by particular types of cases that come in waves: In fact, the out-of-the-ordinary type of securities case has become ordinary; we have been in a series of waves for the past 20 years.
Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process
The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield, U.S. businesses risk losing hundreds of millions of dollars if they cannot transfer personal data from the EU — businesses that cannot establish offices in the EU or negotiate agreements with each of the EU member countries will forego commerce with EU companies and data subjects.
ERISA: Are Social Security Administration Disability Decisions, Made After the Final Claim Decision, Part of the Administrative Record?
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New Uniform Power of Attorney Act, Effective January 1
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Cashed Cannabis: Required Reports for Amounts Exceeding $10,000
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No Small Potatoes: Patenting Spuds in an Era of Gene Silencing
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OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)
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GMO Food Labels, Our Emotions and the “Rationalist’s Delusion”
Politicians often referred to a 90% consumer preference for food labels signaling the existence of genetically modified ingredients—or GMOs as they are known—during this year’s congressional hearings regarding the now enacted “National Bioengineered Food Disclosure Standard.” This consumer sentiment appeared irrational to some legislative representatives, believing it defied “hard science” showing that GMO foods are “safe” to eat.
Keeping It Confidential: How to Build a Better Nondisclosure Agreement
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Despite Legal Challenge, Employers Should Plan to Comply with New DOL Overtime Regulations
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ERISA: How Do You Spell (Equitable) Relief?
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BIG BROTHER: Seattle’s Secure Scheduling Ordinance Will Be Watching Employers’ Every Move
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Don’t Wait: Review Your Company’s Arbitration Agreement Now
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5 Wishes for Securities Litigation Defense: Early Damages Analysis and Discovery
The fifth of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is to move securities class action damages expert reports and discovery ahead of fact discovery. This simple change would allow the defendants and their D&O insurers to understand the real economics of cases that survive a motion to dismiss, and allow the parties to make more informed litigation and settlement decisions.
Before You Subscribe: Cannabis Investor Education
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Attention, Businesses! Federal Law Provides New Tools for Protecting Your Trade Secrets
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Imposing Section 10(b) Liability Against Defrauded Corporation Reads Scienter Element out of Statute-An Analysis of In re ChinaCast Education Corp. Securities Litigation, 809 F.3d 471 (9th Cir. 2015) | Lane Powell PC - JDSupra
From time to time, D&O Developments will take a closer look at an important issue decided in an appellate opinion. In this post, I analyze In re ChinaCast Education Corp. Securities Litigation, 809 F.3d 471 (9th Cir. 2015), in which the Ninth Circuit reversed the dismissal of a securities class action against ChinaCast Education Corporation, a for-profit e-learning provider in China.
ERISA Preempts State Law Requiring Insurer “Prompt Payment”
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The Decline of the Disclosure-Only Settlement: Will We Regret What We Wished For?
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DEA Just Said No to Rescheduling Cannabis: Why It Matters
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The DEA Is Getting Past Just Saying No: Scientific Research Into Medical Uses of Marijuana Is a Bridge Toward a Policy Shift
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ERISA: “Key Evidence Needed to Prove the Intoxication Exclusion”
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Deciphering Smoke Signals - FDA’s New Tobacco Product Rules and Their Impact on the Cannabis Industry
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Merging Wisely: Best Practices for Structuring Successful Non-Profit Mergers
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DOL Increases Penalties on ERISA Plans - August 2, 2016
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In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information
What’s the Case About? In re Nickelodeon Consumer Privacy Litigation[1] is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it owned to collect, without parental consent, data from the class members which it then provided to co-defendant Google. The data Viacom captured from children included their gender, birthdate, IP address, the webpages visited and the names of videos the children viewed.
ERISA - 7th Circuit: Under De Novo Review, the Court “Should NOT Resolve[] Doubts or Gaps in the Evidence in [the Claimant’s] Favor”
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The Polyjuice Potion Is the Worst Prescription When Branding Marijuana Businesses: Lessons Learned From In re Morgan Brown
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Compensating “Disgust”: Psychoanalyzing Emotional Distress Claims Involving Food Products
You’re a sheriff’s deputy and you’re hungry. You stop at the local Burger King drive-thru and order a Whopper with cheese. You often eat five meals a day—frequently at fast food restaurants—because you work night shifts. Yet, this time you drive away with an uneasy feeling. You stop in another parking lot to examine your hamburger. As you lift the bun, you notice a “puddle of phlegm” on it. It looks like oil or fat. You stick your finger in it to see. It’s neither.
ERISA: Reviewing What Needs to Be Proved to Establish the Suicide Exclusion
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