Perkins Coie

China Releases the First National Standards on Privacy Policy for Public Comment

The National Information Security Standardization Technical Committee issued a draft of the new national standards on May 26, 2022.

California Court Overturns Board Gender Diversity Statute

A Los Angeles Superior Court judge struck down California’s board gender diversity statute on May 13, 2022. The court found that Senate Bill 826 violated the California Constitution’s Equal Protection Clause.

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.

Trump-Era Statement on Standards-Essential Patents Withdrawn

The Antitrust Division of the U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) (the Agencies) announced the withdrawal of a 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (2019 Statement) on June 8, 2022.

EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

The U.S. Equal Employment Opportunity Commission issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence in assessing job applicants and employees.

What Ohio’s New Firearm Law Means for Employers

Ohio’s new firearm law, Ohio Senate Bill 215, went into effect on June 13, 2022, permitting all qualifying adults to legally carry, possess, or conceal a handgun that is not a restricted firearm without a license, background check, or training.

BOEM Proposes First Ever West Coast Offshore Wind Lease Sale

The Bureau of Ocean Energy Management published its Proposed Sale Notice on May 31, 2022, for what would be the first ever offshore wind energy leases on the west coast of the United States.

Forthcoming Disclosure and Security Requirements for Institutions Hosting Federally Funded Research

National Security Presidential Memorandum-33 (NSPM-33) and implementation guidance from the National Science and Technology Council (NSTC) direct federal agencies to standardize and enhance disclosure and security requirements that apply to federally funded research and development (R&D).

Supreme Court Reinstates Injunction Against Texas Social Media Law

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination.

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

The U.S. Supreme Court unanimously ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to arbitration by litigating in court.

FTC Proposes Updated Guidance for Influencer and Consumer Review Programs

To encourage transparency and compliance with the Federal Trade Commission (FTC) Act and address current practices and trends, the FTC first published the Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides) in 1980 and then amended them in 2009.

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

On May 23, 2022, the California Supreme Court issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and failure to provide accurate itemized wage statements based on untimely paid or unreported meal and rest period premiums.