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Recent Updates
07.29.2014
Retail & Consumer Products, Government Contracts

As retailers move closer to the end of the government fiscal year in September, ’tis the season for receiving government contracts. Federal agency budget authority for discretionary spending generally mandates that agencies either obligate their appropriated funds by the end of the fiscal year or return them to the Treasury general fund.

07.21.2014
Decentralized Virtual Currencies, White Collar & Investigations

In another installment of the continuing saga surrounding the shuttering of the Silk Road online marketplace and arrest of its alleged creator and operator, Ross William Ulbricht (Ulbricht), a Southern District of New York judge denied Ulbricht’s motion to dismiss the four-count indictment against him.

07.10.2014
Perkins Coie Trust Company
07.09.2014
Family Office Services, Personal Planning

Family offices have existed for over a century and have been formed to implement very important and complex objectives, including investment management, corporate succession, estate, gift and income tax planning, and charitable giving issues that are important to the members of the family.

07.09.2014
Retail & Consumer Products, Trademark & Copyright, Advertising, Marketing & Promotions, Intellectual Property Litigation

Your product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists.

07.07.2014
Environment, Energy & Resources, Oil & Gas, Energy Regulation & Policy, Mining

On June 24, 2014, the Bureau of Industry and Security (BIS) of the Department of Commerce issued two advisory opinions (AOs) allowing for the export from the United States of what was reported to be “unrefined” oil.

07.03.2014
Financial Services Corporate, Regulatory, Compliance & Transactions, Finance

On Wednesday, June 25, 2014, the Securities and Exchange Commission (the "SEC") issued new rules and guidance regarding cross-border security-based swap activities for market participants. The SEC issued the new rules as part of a series of rules proposed in May 2013 to address the application to cross-border activities of security-based swap regulatory requirements under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

07.02.2014
Environment, Energy & Resources

On July 1, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published a final policy providing their interpretation of the phrase ‘‘significant portion of its range,’’ which is part of the Endangered Species Act’s definitions of ‘‘endangered species’’ and ‘‘threatened species.’’

07.02.2014
Antitrust Counseling & Merger Clearance, Mergers & Acquisitions, Corporate Finance, Business

On May 21, 2014, the Federal Trade Commission and the Department of Justice published the Hart-Scott-Rodino Annual Report Fiscal Year 2013 (for the period from October 1, 2012 to September 30, 2013).

07.01.2014
Trademark & Copyright, Intellectual Property, Retail & Consumer Products, Advertising, Marketing & Promotions, Business

Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new rule, logo trademarks filed in black and white or greyscale might not protect the same mark in color.

06.30.2014
Intellectual Property, Patent

For patents granted on applications filed on or after June 8, 1995, the enforceable patent term begins on the day the patent issues and generally expires 20 years from the earliest effective filing date of the application.

06.30.2014
Real Estate, Land Use, California Environmental, Energy, Resources & Land Use, Environment, Energy & Resources

The second phase of the California Energy Commission’s (CEC) Nonresidential Building Energy Use Disclosure Program takes effect on July 1, 2014 (the first phase took effect on January 1, 2014 and applies to nonresidential buildings of at least 10,000 square feet).

06.27.2014
Federal Tax, Tax, Benefits & Compensation, Litigation, Personal Planning

Over the last several years, the Internal Revenue Service (IRS) has focused its efforts on enforcement of U.S. laws with respect to offshore assets held by U.S. citizens and residents, including their tax payment and reporting obligations.

06.26.2014
Securities & Corporate Governance Litigation, Class Action Defense, Corporate Finance

On Monday the Supreme Court issued its much anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, 2014 WL 2807181 (U.S. June 23, 2014), rejecting all pleas to overturn the fraud-on-the-market presumption of reliance established in Basic Inc. v. Levinson, 485 U.S. 224 (1988).

06.25.2014
Environment, Energy & Resources

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant deterioration” permit and commit to install “best available control technology” before beginning construction.

06.25.2014
Labor & Employment, Employment Class Actions, Class Action Defense, Litigation

The future of California labor and employment class actions took several blows this week.  First, the Supreme Court of California issued a decision in Iskanian v. CLS Transp. L.A., LLC, No S204032 (Cal. June 23, 2014) upholding a class action waiver in a dispute resolution policy.

06.23.2014
Labor & Employment, Employment Class Actions, Class Action Defense, Litigation

The California Supreme Court has ruled that arbitration agreements with class action waivers are generally enforceable, but it refused to compel the waiver of representative claims brought under California’s Private Attorneys General Act (PAGA).

06.19.2014
Patent Litigation, E-Commerce

Earlier today, the Supreme Court decided Alice Corporation v. CLS Bank International and unanimously held that Alice’s patent claims were not patent eligible under 35 U.S.C. § 101 because they merely called for generic computerization of the abstract idea.

06.19.2014
Bankruptcy & Restructuring, Litigation

In 2011, the Supreme Court decided Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), which gave voice to the Court’s grave concerns about the constitutional limits of bankruptcy court jurisdiction and raised several questions that have confounded courts and lawyers for three years.

06.17.2014
Environment, Energy & Resources

On June 17, 2014, the U.S. Environmental Protection Agency published a proposed rule to amend the standards and practices for complying with the “All Appropriate Inquiries” rule under the Comprehensive Environmental Response, Compensation, and Liability Act and its implementing regulations, 40 C.F.R. part 312.

06.17.2014
Retail & Consumer Products, Privacy & Security

As retailers prepare for the upcoming holiday shopping season, Perkins Coie’s Retail & Consumer Products industry group is proud to introduce its 9th annual “Perkins Coie Wrapping Papers.” These updates will highlight some of the legal issues retailers face during this critically important holiday shopping season.

06.12.2014
Corporate Finance, Emerging Companies & Venture Capital

Starting June 12, 2014, Washington law allows for the “conversion” of Washington corporations and limited liability entities into a variety of other business entities in Washington and other states through the simple adoption of a plan of conversion and the filing of articles of conversion with the Secretary of State.

06.09.2014
Decentralized Virtual Currencies, Electronic Financial Services, Interactive Entertainment

On April 29, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a series of administrative rulings determining whether five different companies constitute money services businesses under FinCEN regulations.

06.09.2014
Privacy & Security

In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right is not absolute and that careful consideration of each case will be necessary before search engine operators will be required to censor search results:

06.04.2014
Healthcare

On May 30, 2014, the Departmental Appeals Board (DAB) issued a decision invalidating the long-standing National Coverage Determination (NCD) prohibiting Medicare payment for transsexual surgery (now known as gender reassignment surgery).

06.04.2014
Privacy & Security

While most people have focused on the free speech and implementation difficulties of the “right to be forgotten” announced by the European Court of Justice (ECJ) in Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos [google.com] (Mario Costeja González), there are serious jurisdictional implications for the Internet, intermediaries and content publishers that largely have been ignored.

06.04.2014
Interactive Entertainment, Communications

“Net neutrality” has become one of the most hotly debated issues before lawmakers and regulators in Washington this year.

06.02.2014
Patent Litigation, Patent, Communications

On June 2, 2014, in Limelight Networks, Inc., v. Akamai Technologies, Inc. the U.S. Supreme Court unanimously reversed the en banc Federal Circuit and held that a defendant cannot be liable for inducing patent infringement under 35 U.S.C. § 271(b) unless another entity has directly infringed under 35 U.S.C. § 271(a).

05.30.2014
Privacy & Security

Google has taken the first step  to implement the “Right to be Forgotten” decision by the European Court of Justice (ECJ). It has provided individuals a form to complete to request that their personal information be removed from Search or Image Search results.

05.30.2014
Labor & Employment, Class Action Defense, Employment Class Actions

The Supreme Court of California released its decision in Duran v. U.S. Bank National Association on May 29, 2014.  The decision will likely reshape the landscape of class-action practice in California.

05.21.2014
Labor & Employment, Retail & Consumer Products, Employee Benefits & Executive Compensation, Tax, Benefits & Compensation

The Seattle employment community is abuzz about the prospect of a $15 minimum wage for all Seattle employees, which would make it the highest minimum wage in the nation.

05.21.2014
White Collar & Investigations, Foreign Corrupt Practices Act Compliance & Defense, Securities & Corporate Governance Litigation

More than 100 members of the Mexican legal and business communities gathered in Mexico City on March 25 and 26, 2014 to attend the American Conference Institute’s First Annual Mexico Summit on Anti-Corruption.

05.13.2014
Environment, Energy & Resources, California Environmental, Energy, Resources & Land Use

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published two proposed regulations and a draft policy concerning critical habitat designations under the Endangered Species Act.

05.13.2014
Advertising, Marketing & Promotions, Interactive Entertainment, Retail & Consumer Products, Trademark & Copyright

The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices.