Provisur Technologies, Inc. v. Weber, Inc., Appeal Nos. 2021-1942, -1975 (Fed. Cir. Sept. 27, 2022) In this week’s Case of the Week, the Federal Circuit reviewed an IPR decision and addressed the Patent Trial and Appeal Board’s consideration of certain evidence submitted to supplement a prior art disclosure. The Court also found that the Board violated the Administrative Procedures Act (APA) by failing to sufficiently explain its rationale concerning its obviousness determinations ...
U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new electronic registration process that USCIS implemented for the first time two years ago, employers seeking new H-1B visas must register electronically with USCIS during the 16-day window. USCIS will then review all registrations submitted ...
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 ...
With the end of the year just around the corner, it’s a good time to reassess plans and action-items. When reviewing your year-end estate planning or business transition concerns, there are several things to contemplate and review, such as year-end gift giving and tax considerations. Below is a list of items we’ve identified that you might want to consider as you plan for the end of the year and future transitions ...
This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co ...
In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing Executive Order 14026. The rule requires any federal “contractor” to pay employees a minimum hourly wage of $15 and overtime wages for work beyond 40 hours per week. This wage is subject to yearly increases determined by DOL ...
The Infrastructure Investment and Jobs Act from the U.S. Congress, signed into law November 15 by President Biden, provides $1.2 trillion to rebuild roads and bridges, water infrastructure, resilience, and internet, with a focus on infrastructure improvements and expansion of broadband networks. The Biden Administration has established a website for the Infrastructure Investment and Jobs Act that contains helpful links to programs and program descriptions ...
Those of you working in the transportation, ports, and maritime industry have a lot to look forward to as America’s roads, railways, ports, and other transportation infrastructure are expected to see improvements now that Congress passed the $1.2 trillion Infrastructure Investment and Jobs Act, H.R. 3684 ...
Infrastructure Investment and Jobs Act brings opportunity for ANCs and their partners The $1.2 trillion Infrastructure Investment and Jobs Act (The Act) presents great opportunities for Alaska Native corporations (ANCs) to participate in broadband and other infrastructure projects ...
On Wednesday, November 9, 2022, the U.S. Supreme Court held a three-hour oral argument in the Brackeen v. Haaland case. Brackeen involves constitutional challenges to the federal Indian Child Welfare Act of 1978 (ICWA) that could have far-reaching consequences on many areas of federal Native peoples’ law, from Tribal sovereignty to the Small Business Administration’s 8(a) program. ICWA ...
On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask ...
INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn to “capability,” particularly for computer-implemented claims ...
By Aukjen Ingraham · Listen to articleBoth in-house counsel and law firms face an acute problem today: It's difficult for attorneys to gain trial experience or to hire other attorneys who have that experience. Fewer cases are being tried, and the cases that are tried are riskier, creating a challenging environment for those who want to gain more courtroom experience ...
On Wednesday, December 8, 2021, the House of Representatives passed H.R. 5119. This bill extends the deadline for Tribal governments (which includes Alaska Native Corporations (“ANCs”)), to use CARES Act funds from December 31, 2021 to December 31, 2022. The Senate had previously passed S.3011 on October 19, 2021, which also extended the deadline for Tribal governments (including ANCs) to use CARES Act funds from December 31, 2021 to December 31, 2022. S ...
Horenstein Law Group Joins Schwabe, Enhancing the Firm's Presence and Depth in Southwest Washington Schwabe, Williamson & Wyatt P.C. (Schwabe) and Horenstein Law Group (HLG) are pleased to announce HLG is joining Schwabe, effective May 25, 2022 ...
On May 12, Schwabe collaborated with Moss Adams to host a virtual roundtable that explored legal realities around owning and operating a hemp business in Oregon. Schwabe attorneys Lisa Schaures and Joe Hobson were joined by Jacob Crabtree of Columbia Hemp Trading Company, Sunny Summers of the Oregon Department of Agriculture, and Ryan Kuenzi of Moss Adams. Our panelists discussed the evolving nature of the hemp industry at the state and federal level in Oregon ...
The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare providers, these challenges and questions have been only one of many burdens of operating during a pandemic. As vaccines become more widely available, the pandemic raises new challenges, some unique to employers in the healthcare industry ...
House Bill 4116 directs the Oregon Department of Environmental Quality (DEQ) to identify sources of pollutants and develop strategies to reduce pollutants in order to respond to harmful algal blooms. HB 4116 also directs the Oregon Health Authority to coordinate with DEQ to identify water sources that are susceptible to harmful algal blooms and develop a system for monitoring and testing water sources ...
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 ...
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 ...
As a result of the Infrastructure Investment and Jobs Act, the federal government’s FAST-41 permitting project can now be used by Tribes and Alaska Native Corporations to potentially expedite and improve the permitting process for infrastructure projects that are either being performed by Tribes or Alaska Native Corporations, or are being performed on land owned by Tribes or Alaska Native Corporations ...
As part of our original 2021 Don't Count Portland Out series, weasked dozens of community and business leaders for one of twothings. We wanted to hear their "Portland Stories," detailing theirbackground in the Rose City and how it shaped their desire to,among the region's myriad challenges a year ago, make Portlandbetter. We further asked some of the changemakers for their "Big Ideas"that the powers-that-be could cull in hopes of improving the plightof all denizens ...
Two years after Portland law firms sent employees home to work remotely during the Covid-19 public emergency, they are starting to return to downtown — but not to the five-day-a-week routine of pre-pandemic times. “As employers, we have to be flexible to the myriad of circumstances,” said Graciela Gomez Cowger, CEO of Schwabe Williamson & Wyatt. “We’ve been profoundly disrupted ...
Two years after Portland law firms sent employees home to work remotely during the Covid-19 public emergency, they are starting to return to downtown — but not to the five-day-a-week routine of pre-pandemic times. “As employers, we have to be flexible to the myriad of circumstances,” said Graciela Gomez Cowger, CEO of Schwabe Williamson & Wyatt. “We’ve been profoundly disrupted ...
On May 24, 2022, Schwabe and Columbia Bank hosted the “Getting Ahead of Agriculture's Rising Wages and Tightening Labor Market” seminar to assist those working in Oregon’s agricultural industry to address concerns over rising wages and the tight labor market. Attendees heard from a group of industry professionals on a selection of relevant topics. The seminar was informative, engaging, and a big success ...
