Perkins Coie LLP

Perkins Coie is a leading international law firm that is known for providing high value, strategic solutions and extraordinary client service on matters vital to our clients’ success. With more than 1,100 lawyers in offices across the United States and in Beijing, Shanghai and Taipei, we provide a full array of corporate, commercial litigation, intellectual property and regulatory legal advice to a broad range of clients, including many of the world’s most innovative companies and industry leaders as well as public and not-for-profit organizations.

January 14, 2021

In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that CEQA does not constrain an agency’s authority to enforce the laws it administers, including those authorizing imposition of mitigation requirements. The court held that, after an EIR for a project has been certified, a regional water quality control board, acting as a responsible agency, can…

Consumer Protection Review

California Proposes New Short-Form Prop. 65 Warning Labels

By Kristine E. Kruger, Jasmine Wetherell & Tommy Tobin

January 14, 2021

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses selling to California consumers may use short-form Proposition 65 warnings on their products. These proposed regulations, if finalized, may create new compliance obligations and will likely decrease the use of the short-form Proposition 65 labeling in the marketplace. Click here to read the full Perkins Coie Update.…

1600 PTAB & Beyond

Orange Book Transparency Act of 2020 Signed Into Law

By Michael Chajon & Bryan D. Beel

January 14, 2021

On January 5, 2021, the Orange Book Transparency Act of 2020, H.R. 1503, was signed into law. H.R. 1503 amends provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) related to patent information that new drug applicants must submit to the Food and Drug Administration (“FDA”) and FDA must publish in the “Orange Book.”[1] See H.R. 1503, 116th Cong. § 2(a)–(d) (2021). The amendments require “manufacturers to share complete and timely…

The Fintech Report

Fintech Week in Review: Week of January 8, 2021

By Sam Boro & Betselot Zeleke

January 12, 2021

Weekly Fintech Focus FDIC issues an updated brokered deposit rule, creating new exceptions relevant to fintechs working with bank partners. FDIC issues a final rule clarifying its expectations for ILC charter applications. CFPB issues an advisory opinion on Special Purpose Credit Programs to clarify how creditors can offer these programs to disadvantaged groups. CFPB grants access to its compliance assistance sandbox to an earned wage access company, which meets the CFPB’s recent guidance on such…

Consumer Protection Review

FTC and Glue Maker Reach $1.2 Million Settlement Over Deceptive “Made in USA” Claims

By Jason Howell, Amanda J. Beane, Mark S. Goodrich & Caitlin Hoeberlein

January 11, 2021

Key Takeaways: The FTC’s Enforcement Policy on S. Origin Claims and related compliance guide apply to advertising of “Made in USA” or similar U.S. origin claims, including manufacturer advertisements of private label products to trade customers who will later market and sell such products under retail brand names. The $1.2 million settlement is the largest obtained by the FTC in a Made in USA case and reinforces prior signals that the agency will continue to…

Consumer Finance Legal Report

Consumer Financial Protection Bureau Issues Two Final Rules Changing General QM Standard and Creating Seasoned QM Standard

By Robert T. Yusko

January 11, 2021

The Consumer Financial Protection Bureau (CFPB) released two final rules amending the General Qualified Mortgage loan definition in Regulation Z and creating a new “Seasoned QM” loan category in Regulation Z. The General QM Final Rule replaces the current requirement for the General QM loans that the consumer’s debt-to-income ratio (DTI) not exceed 43 percent with a limit based on the loan’s pricing. The Seasoned QM Final Rule creates a new category of Seasoned QMs…

California Land Use & Development Law Report

Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?

By Stephen Kostka

January 7, 2021

In 2018, the CEQA Guideline which defines the term “mitigation” was amended to add “conservation easements” to the list of measures that can provide “compensatory” mitigation for an environmental impact. Guideline §15370(e). The amendment was intended to resolve a debate about whether conservation easements over off-site farmland can provide a means to mitigate not only the cumulative and indirect impacts of converting farmland to other uses, but also the direct impact of the loss of…

White Collar Briefly

Leyla Seka: The Next Right Action for Gender Equality and Racial Equity in Tech

By Paul Hirose

January 6, 2021

In this episode, Paul Hirose, former president of the National Asian Pacific American Bar Association and co-chair of Perkins Coie’s Supply Chain Compliance and Corporate Social Responsibility practice, speaks with Leyla Seka about her leadership in confronting gender equality and racial equity issues in the tech industry. Leyla Seka is a partner with Operator Collective, a venture capital firm in Silicon Valley, and co-founder of the Black Venture Institute. She was one of the most…

California Land Use & Development Law Report

Condemnee Need Not Entirely Vacate Premises to Recover Damages After Condemnation is Abandoned

By Kaela Shiigi

January 6, 2021

Complete physical dispossession of a property is not a prerequisite to an award of damages after a condemnation proceeding is abandoned—moving from the property in reliance on the order granting the agency possession is sufficient. San Joaquin Regional Transit District v. Superior Court, No. C084755 (3rd Dist., Dec. 1, 2020) In 2010, the San Joaquin Regional Transit District filed an action to condemn property in Stockton owned by Sardee Industries on which Sardee operated a…

Coronavirus (COVID-19): Guidance for Businesses

New COVID-19 Relief Law Includes Limited Bankruptcy Protections Regarding PPP Loans

By Perkins Coie

January 6, 2021

By Kathleen (Katie) Allare The latest COVID-19 relief legislation provided some additional aid and clarity for a select group of debtors and left many other questions unanswered. While most of the attention was directed to restarting the PPP payments and other benefits to individuals, the law makes changes to the Bankruptcy Code as well. Small business debtors (plus family farmers and Chapter 13 debtors) can now obtain PPP loans while in bankruptcy while other Chapter…

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Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency’s EIR?

California Proposes New Short-Form Prop. 65 Warning Labels

Orange Book Transparency Act of 2020 Signed Into Law

Fintech Week in Review: Week of January 8, 2021

FTC and Glue Maker Reach $1.2 Million Settlement Over Deceptive “Made in USA” Claims

Consumer Financial Protection Bureau Issues Two Final Rules Changing General QM Standard and Creating Seasoned QM Standard

Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?

Leyla Seka: The Next Right Action for Gender Equality and Racial Equity in Tech

Condemnee Need Not Entirely Vacate Premises to Recover Damages After Condemnation is Abandoned

New COVID-19 Relief Law Includes Limited Bankruptcy Protections Regarding PPP Loans

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