Perkins Coie

Four Key Considerations for Implementing the California Age-Appropriate Design Code

Since 1998, the Children’s Online Protection Act (COPPA) has governed how websites directed to children in the United States must approach data privacy for individuals under age 13.

Governor Hochul Signs Amendment to New York State Pay Transparency Law

New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL) on March 3, 2023.

Washington Capital Gains Tax Upheld by State Supreme Court: Questions Answered

On March 24, 2023, the Washington Supreme Court upheld the state capital gains tax as a constitutional excise tax.

NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance Agreements

In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act (NLRA). Although often overlooked, the NLRA’s protections for concerted activity by employees apply to union and nonunion workforces alike.

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns.

CFPB Requests Information About Data Brokers for Planned Rulemaking

The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned rulemaking” under the Fair Credit Reporting Act (FCRA).

Federal Changes To Encourage Food Donations

Two recent developments at the federal level are intended to encourage more food donations.

Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the Skies

Following the release of President Biden’s National Cybersecurity Strategy, Acting National Cyber Director Kemba Walden explained that the Biden Administration is “expecting more” from owners and operators in critical infrastructure sectors, embracing the concept of a new cyber social contract advanced by Walden’s predecessor, Chris Inglis.

An Active Quarter for Offshore Wind and Interregional Transmission Planning

The first quarter of 2023 saw a flurry of activity from state and federal agencies focused on offshore wind transmission.

Offshore Wind and Green Hydrogen: What Opportunities Lie Ahead

The Biden Administration bolstered its ambitious clean energy goals this week by announcing the Pathways to Commercial Liftoff: Clean Hydrogen report, along with $750 million in funding for research, development, and demonstration of clean hydrogen technologies.

The High Seas Treaty: A Historic Agreement To Protect International Waters

All Member States of the United Nations (UN) Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) reached an agreement on March 4, 2023, regarding an international treaty governing the sustainable use and conservation of the “high seas”—areas of the ocean that lie beyond any single nation’s jurisdiction.

OFCCP Finalizes Rescission of the 2020 Religious Exemption Rule

The Office of Federal Contract Compliance Programs (OFCCP) published its final order on March 1, 2023, rescinding the Trump-era Religious Exemption Rule for federal contractors.