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Firm: Schwabe, Williamson & Wya

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DHHS Vaccine Mandate Decision
Schwabe, Williamson & Wyatt, January 2022

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion...

Latest Federal Court Cases, 1/18/22
Schwabe, Williamson & Wyatt, January 2022

Evolusion Concepts, Inc. v. HOC Events Inc., Appeal No. 2021-1963 (Fed. Cir. Jan. 14, 2022) In its only precedential patent case this week, the Federal Circuit disposed of an appeal, holding that the district court’s claim construction was wrong.  In the appeal from the U.S. District Court for the Central District of California, the Federal Circuit addressed the meaning of the term “magazine catch bar” in the asserted claims...

OP-ED: Oregon Law Creates Loan Program to Spur Cleanup Projects
Schwabe, Williamson & Wyatt, January 2022

Revitalization of brownfields has long been considered a centerpiece of community efforts to encourage growth and development of properties impacted by contamination. But the additional complexity and cost of addressing pre-existing contamination often sinks projects that might otherwise have positive economic and development potential. This is especially true inside Oregon’s urban growth boundaries...

The Supreme Court Ruled to Stay the OSHA ETS
Schwabe, Williamson & Wyatt, January 2022

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion...

Treasury Issues Final Rule on COVID State Funds
Schwabe, Williamson & Wyatt, January 2022

On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses...

OSHA Updates ETS FAQs on Usage of Over-the-Counter COVID-19 Tests 
Schwabe, Williamson & Wyatt, January 2022

While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has continued to update their ETS FAQs to provide more guidance to employers.  In particular, OSHA has clarified the requirements that apply to the use of over-the-counter COVID-19 tests (OTC Tests) for compliance with the testing requirements of the ETS...

End of Transition Period for SBA Size Standard Calculation
Schwabe, Williamson & Wyatt, January 2022

This is a reminder that as of January 6, 2022, the Small Business Administration is requiring all small businesses to use a five-year period of measurement in determining their size under a revenue-based size standard. On January 6, 2020, the SBA published its final rule providing for a five-year period of measurement for determining a small business’s size under revenue-based size standards...

End of Transition Period for SBA Size Standard Calculation; Five Year Measurement Period Now Required
Schwabe, Williamson & Wyatt, January 2022

This is a reminder that as of January 6, 2022, the Small Business Administration is requiring all small businesses to use a five-year period of measurement in determining their size under a revenue-based size standard. On January 6, 2020, the SBA published its final rule providing for a five-year period of measurement for determining a small business’s size under revenue-based size standards...

Latest Federal Court Cases, 1/10/22
Schwabe, Williamson & Wyatt, January 2022

Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. Jan. 3, 2022) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s bench trial finding that claims of a pharmaceutical patent were supported by adequate written description under 35 U.S.C. § 112(a)...

Oregon Supreme Court Holds Hydroelectric Water Rights Automatically Convert to Permanent Instream Water Rights after Five Years of Nonuse for Hydroelectric Purposes
Schwabe, Williamson & Wyatt, January 2022

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC)...

Oregon Supreme Court Holds Hydroelectric Water Rights Automatically Convert to Permanent Instream Water Rights after Five Years of Nonuse for Hydroelectric Purposes
Schwabe, Williamson & Wyatt, January 2022

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC)...

Oregon Supreme Court Holds Hydroelectric Water Rights Case
Schwabe, Williamson & Wyatt, January 2022

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC)...

Upcoming Events and Deadlines for OSHA Large Employer ETS
Schwabe, Williamson & Wyatt, January 2022

There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or more employees to adopt a policy that either (1) requires all employees to be vaccinated, unless otherwise entitled to a medical, disability, or religious accommodation, or (2) requires all unvaccinated employees to be maske

Eligible Uses of CARES Act Funds for Compliance and Management Expenses in 2022
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

With a Heavy Heart, We Announce the Passing of Our Dear Friend, Al AuYeung
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

Latest Federal Court Cases, 1/3/22
Schwabe, Williamson & Wyatt, January 2022

Intel Corp. v. Qualcomm Inc., Appeal Nos. 2020-1828, -1867 (Fed. Cir. Dec. 28, 2021) The Federal Circuit issued two precedential decisions this week—both arising from IPRs filed by Intel against patents owned by Qualcomm. In our Case of the Week, we focus on the first of those cases. In our Also This Week section below, we cover the second case...

Eligible Uses of CARES Act Funds for Compliance and Management Expenses in 2022
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

Eligible Uses of CARES Act Funds for Compliance and Management Expenses in 2022
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

Eligible Uses of CARES Act Funds for Compliance and Management Expenses in 2022
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

It Takes Courage to Think Big Amid Crisis
Schwabe, Williamson & Wyatt, December 2021

There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable...

Happy Holidays 2021 - Help Us Celebrate 130 Years!
Schwabe, Williamson & Wyatt, December 2021

There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable...

Happy New Year!
Schwabe, Williamson & Wyatt, December 2021

There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable...

Federal Contractor Vaccine Mandate Update: Implementation Likely Delayed
Schwabe, Williamson & Wyatt, December 2021

On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s vaccine mandate that applies to all federal contractors and subcontractors in covered contracts in any state or territory of the United States...

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay
Schwabe, Williamson & Wyatt, December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace...

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay
Schwabe, Williamson & Wyatt, December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace...

 

 

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