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Firm: Schwabe, Williamson & Wya

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FTC Reduces Notice Thresholds Under the Hart-Scott-Rodino Act for 2021, Increases Penalties, and Temporarily Suspends Expedited Review
Schwabe, Williamson & Wyatt, February 2021

On February 1, 2021, the Federal Trade Commission (FTC) announced its revised annual threshold that determines whether companies may be required to notify federal antitrust authorities about a proposed merger or acquisition due to the size and value of the transaction. For the first time since 2010 and a reflection of the state of the economy, the annual threshold has been reduced rather than raised, from $94 million in 2020 to $92 million for 2021...

Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision
Schwabe, Williamson & Wyatt, February 2021

Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, concerning Clean Water Act (“CWA”) jurisdiction over discharges to groundwater...

Biden Administration Voices Strong Support for the Jones Act
Schwabe, Williamson & Wyatt, January 2021

On January 25, 2021, President Biden signed the Ensuring the Future Is Made in All of America by All of America’s Workers (Made in America) Executive Order, which not only directs that federal government purchases and procurement go to American businesses and workers, but also calls out the Jones Act for specifically endorsing the nation’s vessels, ports, and merchant crews...

Congress Makes Additional Paid Family Leave and Paid Sick Leave Optional
Schwabe, Williamson & Wyatt, December 2020

The dust has now settled on the new stimulus bill signed by President Trump on December 27, 2020. The changes to the Families First Coronavirus Response Act (“FFCRA”) were buried in over 5,000 pages of text and provide a choice for employers to continue paid leave benefits for their employees as follows: Congress extended the tax credits for employers that provide both paid sick leave and paid family leave through March 31, 2021...

Vault Your Business Out of the Pandemic: Three Employment Topics to Keep an Eye On
Schwabe, Williamson & Wyatt, December 2020

“On the other side of a storm is the strength that comes from having navigated through it. Raise your sail and begin.” Gregory S. Williams Your business and employees have just experienced an extraordinary year. We have learned new ways of working, embraced new technology, and incorporated many new legal requirements, but most importantly, we have persevered...

Telemedicine in the Age of COVID-19
Schwabe, Williamson & Wyatt, December 2020

With many medical practices and healthcare practitioners moving to telemedicine during the COVID-19 pandemic, questions abound on legal requirements, privacy, and the future of healthcare. Schwabe’s Healthcare team has taken a closer look at the legal issues surrounding the rise of telemedicine during the pandemic and the implications for our healthcare future in the four articles below...

Washington Supreme Court Extends Corporate Attorney-Client Privilege to Non-Employee Agents of Defendant Hospitals
Schwabe, Williamson & Wyatt, December 2020

On November 12, 2020, the Washington Supreme Court extended corporate attorney-client privilege protection to appropriate ex parte communications between defendant hospitals and their non-employee agents. The court’s decision in Hermanson v. MultiCare Health Sys., Inc...

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute
Schwabe, Williamson & Wyatt, November 2020

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the agricultural overtime exemption at RCW 49.46.130(2)(g), which exempted agricultural employers from paying overtime at a rate of 1.5 times the regularly hourly rate, violated article I, section 12 of the Washington State Constitution as applied to dairy workers...

The CDC Revises the Definition of Close Contact
Schwabe, Williamson & Wyatt, October 2020

On October 21, 2020, the Center for Disease Control (CDC) published a new guidance for use by contact tracers that clarifies what had been a somewhat fuzzy definition of “close contact.” The new definition increases the number of individuals presumed to have an exposure to COVID-19, and will significantly affect schools and workplaces since those presumptively exposed individuals will be asked to isolate for a period of 14 days...

The FCC Funds the COVID-19 Telehealth Program
Schwabe, Williamson & Wyatt, June 2020

  The Federal Communications Commission (“FCC”) established the COVID-19 Telehealth Program (the “Telehealth Program”) on April 2, 2020 in response to the COVID-19 pandemic. The Telehealth Program provides $200 million in funding, appropriated by Congress as part of the CARES Act,[1] to assist certain non-profit and public healthcare providers in making telehealth services available to patients who cannot be seen in person...

CARES Act Questions for the Technology Industry (Updated 06/15/2020)
Schwabe, Williamson & Wyatt, June 2020

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”).  Ttogether, the CARES Act1, PPPHCE Act, and PPP Flexibility Act are called the “CARES Act”...

CARES Act Questions for the Technology Industry (Updated 6/9/2020)
Schwabe, Williamson & Wyatt, June 2020

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”). Together, the CARES Act1, PPPHCE Act, and PPP Flexibility Act are called the “CARES Act”...

During Economic Uncertainty, Agricultural Producers Should Utilize All Available Tools - Especially Agricultural Liens - to Ensure Payment for Their Products
Schwabe, Williamson & Wyatt, May 2020

COVID-19 has brought about new economic uncertainty that is disrupting supply chains, from farmers and ranchers to cooperatives, from processors to grocery stores, and all of the way down to consumers. Even solvent purchasers of agricultural products may begin to request extensions of payment terms from agricultural producers, impacting growers’ cash flow and balance sheets...

COVID-19 and Force Majeure Clauses
Schwabe, Williamson & Wyatt, March 2020

Many organizations may be parties to contracts where the counterparty is seeking to cancel its obligations because of COVID-19. This situation is arising in relation to various commercial relationships, including supply agreements, events planning contracts, and numerous other types of agreements...

Op-ed: Blockchain Has the Power to Transform the Patient Experience
Schwabe, Williamson & Wyatt, June 2019

Brenna K. Legaard is a registered patent attorney with Schwabe, Williamson & Wyatt. Legaard wrote the following op-ed on the use of blockchain technology in health care.    When health care professionals and consumers think of blockchain, their minds very likely go to famous cryptocurrencies like Bitcoin. But blockchain technology can be applied to so much more, including to the field of health care...

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.
Schwabe, Williamson & Wyatt, December 2018

In December of 2018, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018 Rule”). The definition of WOTUS establishes the scope of agency jurisdiction over waters and wetlands under the Clean Water Act (CWA)...

Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case
Schwabe, Williamson & Wyatt, December 2018

The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth Circuit Court of Appeals, holding that the Fish and Wildlife Service can only designate property that is “habitat” as critical habitat under the ESA...

New Changes to California Prop 65: What Oregon and Washington Manufacturers Must Do to Comply
Schwabe, Williamson & Wyatt, September 2018

As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018.  Your business may be affected by the changes if your business conducts any consumer product-related business in California...



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