Perkins Coie

NLRB Reinstates Setting-Specific Standards To Evaluate Employee Abusive Conduct

The National Labor Relations Board (NLRB or the Board) recently reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by unlawfully disciplining or discharging employees who allegedly engaged in “abusive conduct” in connection with activities protected by Section 7 of the Act.

US Supreme Court Clarifies Knowledge Requirement in False Claims Act Cases—Raising New Interpretive Issues

A defendant’s knowledge of and subjective beliefs about the meaning of legal requirements—not what an objectively reasonable person may have believed—are what matters when determining whether a defendant “knowingly” submitted false claims for payment in violation of the False Claims Act (FCA), the U.S. Supreme Court ruled on June 1, 2023.

New My Health My Data Act Part 2:
Consumer Rights and Business Obligations

As detailed in Part 1 of this ongoing series, Washington Governor Jay Inslee signed the state’s My Health My Data Act (the Act) into law on April 27, 2023.

Securities Enforcement Forum West 2023: SEC Stresses Cooperation, Self-Policing, and Self-Reporting

Senior Division of Enforcement officials from the U.S. Securities and Exchange Commission (SEC) shared the stage on May 23, 2023, with SEC alumni, private practitioners, and other professionals in the field at Securities Enforcement Forum West 2023 (the Forum).

EPA’s Ambitious Proposed GHG Emissions Standards May Face Challenges

The U.S. Environmental Protection Agency (EPA or Agency) issued a proposed rule (Proposed Rule) on May 11, 2023, that would adopt new greenhouse gas (GHG) emissions standards for certain coal and natural gas-fired power plants.

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors.

Supreme Court Limits Reach of Clean Water Act

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate.

District Court Dismisses Case Challenging Offshore Wind Project

The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project in the United States.

Mandatory BEA Foreign Investment-Related Surveys Filing Deadlines Fast Approach

The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce is the government agency that compiles statistics about the U.S. economy, including the U.S. gross domestic product (GDP).

Governor Newsom Proposes CEQA Reform

Governor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to meet its bold climate goals while creating hundreds of thousands of jobs.

Washington State Enacts Toxic-Free Cosmetics Act

Governor Jay Inslee signed Washington state’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023.

The U.S. Tax Credit Evolution
Domestic Content Adder Guidance: Hits and Misses

The U.S. Department of the Treasury (Treasury) issued Notice 2023-38 (the Notice) on May 12, 2023, which contains the first rules concerning the domestic content bonus credits for renewable electricity, renewable natural gas, energy storage, hydrogen storage, and some hydrogen facilities pursuant to Code Sections 45, 48, 45Y, and 48E.