Perkins Coie

FTC Issues Policy Statement Regarding Biometric Information

The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. 

Substantive NEPA Amendments in the Debt Ceiling Bill

President Joe Biden signed into law the Fiscal Responsibility Act of 2023 (FRA), colloquially referred to as the Debt Ceiling Bill, on June 3, 2023.

Biden Administration Updates Roadmap for AI Research and Development

The National Science and Technology Council (NSTC) recently bolstered the Biden administration’s continued focus on responsible artificial intelligence (AI) development by announcing an update to the National Artificial Intelligence Research and Development Strategic Plan (Strategic Plan).

New My Health My Data Act Part 3:
The Wide Reach of the New Washington Privacy Legislation

This Update is the third installment of the ongoing series covering Washington state’s new My Health My Data Act (the Act).

Race-Related Hair Discrimination Is Now Prohibited in Texas

Texas Governor Greg Abbott recently signed the Creating a Respectful and Open World for Natural Hair Act (Texas CROWN Act), which will go into effect on September 1, 2023.

BOEM Takes Next Step Toward 2023 Gulf of Mexico Offshore Wind Lease Sale

On May 30, 2023, the Bureau of Ocean Energy Management (BOEM) announced its final environmental assessment (EA) of the effects of site characterization and site assessment activities associated with leasing federal waters in the Gulf of Mexico (GOM) for offshore wind development.

NLRB General Counsel Opines Noncompete Agreements May Violate the National Labor Relations Act

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo issued a memorandum on May 30, 2023, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances.

Use of Generative AI in Litigation Requires Care and Oversight

In what may be the beginning of a trend, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas recently issued a new mandatory rule regarding the use of artificial intelligence (AI) in legal briefings.

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).