Perkins Coie

California Passes New Law Addressing Settlement Agreements and Nondisclosure Agreements

California Governor Gavin Newsom recently signed into law California Senate Bill 331 (SB‑331) titled the “Silenced No More Act.” SB‑331 expands two of California’s existing laws regarding employee settlement agreements and nondisclosure agreements; specifically, Civil Procedure Code Section 1001 and California Government Code Section 12964.5.

Council on Environmental Quality Proposes Revisions to 2020 NEPA Regulations

The Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration.

Perkins Coie Stands Against Antisemitism

Perkins Coie LLP stands against hate, racism, xenophobia, and discrimination in any form and against any person or group. In this statement, we specifically condemn the alarming rise in attacks against Jews, and we stand in solidarity with our Jewish colleagues, clients, and friends as we denounce antisemitism in all its forms.

DOJ’s Civil Cyber-Fraud Initiative Highlights False Claims Act Cybersecurity Risks for Government Contractors

On October 6, 2021, the U.S. Department of Justice (DOJ) announced an initiative to pursue civil False Claims Act (FCA) enforcement actions against government contractors that knowingly fail to follow required cybersecurity standards and reporting requirements—the latest indication of the heightened risks of noncompliance with cybersecurity-related obligations for contractors.

US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting Scheme

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds.

DOJ’s New National Cryptocurrency Enforcement Team Portends Wave of Criminal Scrutiny

On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice is stepping further into the cryptocurrency fray by creating the National Cryptocurrency Enforcement Team.

No More Free Flights: Employee Travel Time Is Now Compensable Under Washington Law

In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law.

ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

The Washington State Employment Security Department (ESD) audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the state’s unemployment insurance laws and rules.

California Commits $15 Billion to Fighting Climate Change

Governor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years. It is the largest climate investment package in the state’s history.

California Enacts New Legislation to Accelerate Housing Production

California Governor Gavin Newsom recently signed into law several bills intended to accelerate local approval of housing projects and increase housing production.

The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege?

New Reporting, Notification, and Accommodation Requirements Issued for Washington Employers During the Pandemic

Washington Governor Jay Inslee signed the Health Emergency Labor Standards Act (HELSA) on May 11, 2021.