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Archive by tag: Perkins CoieReturn

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as it’s known, was revisited and tempered slightly in Youngs v. PeaceHealth, when the court held defendant hospitals may have ex parte communications with employee-physicians who treated a plaintiff, as long as the communications “are limited to the facts of the alleged...By:...
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Perkins Coie | Dec 23,2020 |

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the contractor — was still available in plaintiff’s taxpayer action. Davis v. Fresno Unified School District (Davis 2), No. F079811 (1st Dist., Nov. 24, 2020)......By: Perkins Coie
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Perkins Coie | Dec 05,2020 |

School District May Assess Fees Based on General Type of Development and Need Not Consider Subtypes

A school district may impose reasonable school impact fees based on the general type of development, regardless of whether the specific subtype of development will or will not generate new students. AMCAL Chico, LLC v. Chico Unified School District, No. C08700 (3rd Dist., Nov. 5, 2020)......By: Perkins Coie
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Perkins Coie | Nov 25,2020 |

DOL Issues Guidance Regarding Travel Time Compensability for Nonexempt Foremen and Laborers

The U.S. Department of Labor (DOL) published an opinion letter, FLSA 2020-16, considering whether the travel time of foremen and laborers is compensable in three different scenarios. The DOL makes clear that, for some nonexempt employees, whether travel away from home is compensable depends on when and how the employee travels....By: Perkins Coie
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Perkins Coie | Nov 23,2020 |

What to Expect From the Biden FCC

What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,” and recent reports suggest he plans to reverse several actions taken during the Trump administration. Following this approach at the FCC, the new agency leadership may seek to revisit some of the more contentious actions by current Chairman Ajit Pai, such as the repeal o...
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Perkins Coie | Nov 19,2020 |

Coevolution: Reimagining Mergers and Acquisitions, Partnerships, and Engagements in the Financial Industry

As the COVID-19 pandemic has raged on, financial institutions and banks have withstood its effects and are digitally transforming out of necessity. Many fintech companies, with technology at their core, are seeing double-digit growth. Large technology companies have proven to be critical partners to financial institutions by providing them with essential technologies. However, survival is not enough and sustaining growth will become more challenging in a fiercely competitive and highly regulated...
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Perkins Coie | Sep 04,2020 |

Rare DOJ Opinion Offers Anti-Bribery Lessons for Transactions Involving Foreign Government-Owned Assets

The U.S. Department of Justice (DOJ) has issued an opinion letter (catalogued as FCPA Opinion No. 20-01) stating that it does not intend to take enforcement action under the Foreign Corrupt Practices Act (FCPA) against a U.S.-based investment advisor planning to pay something akin to a “finder’s fee” to a foreign state-owned investment bank. This opinion, issued on August 14, 2020, marks the first time in six years that the DOJ has issued guidance under the FCPA Opinion Procedure Regulations,...
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Perkins Coie | Aug 24,2020 |

Acquisitions of Firms in Bankruptcy Are Subject to the Antitrust Laws

The economic damage attendant to COVID-19 has already resulted in a substantial increase in bankruptcies. Acquisitions through U.S. bankruptcy courts are not exempt from challenge by government antitrust enforcers or private parties in U.S. district courts....By: Perkins Coie
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Perkins Coie | Jul 28,2020 |

US DOJ and FTC Issue Vertical Merger Guidelines

The U.S. Department of Justice and Federal Trade Commission on June 30, 2020, published in final form the agencies’ Vertical Merger Guidelines (Vertical Guidelines). They are designed to increase the transparency of the agencies' analysis of mergers and acquisitions between firms that operate at different stages of the supply chain—for example, a manufacturer of finished products’ acquisition of a vendor of components incorporated in those products. The Vertical Guidelines are modeled after ...
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Perkins Coie | Jul 11,2020 |

Antitrust Enforcers Unlikely to Lessen Scrutiny of Healthcare Mergers During Pandemic

COVID-19 has financially stressed the U.S. healthcare system in several ways. In many cities, hospitals have needed to add healthcare capacity (especially ICU beds) to serve rapidly increasing numbers of COVID-19 patients. At the same time, many states have mandated suspension of elective procedures, which typically generate most hospital revenue. Moreover, many non-COVID-19 patients are avoiding or delaying healthcare treatments, further depriving providers of income......By: Perkins Coie
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Perkins Coie | Jul 10,2020 |
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