Legal Updates and Articles

Legal Ramifications of Green Marketing — Marketing Your Green Construction Practices in an Uncertain World

Lane Powell Shareholder Mike Nesteroff authored an article titled “Legal Ramifications of Green Marketing” in the November issue of BUILDERnews magazine. In the article, Nesteroff discusses the increasing use of “green” practices in construction and how companies that overstate the environmental benefits of a project can harm not only their reputation, but possibly their pocketbooks as well. Nesteroff points out the proliferation of green building certifications, such as LEED, Built Green, Green Point Rated and Energy Star, and the benefits to a project, but also the downside when the green claims are overstated or the project fails to live up to the claims.

NLRB Protects Many Employee Facebook Postings

Lane Powell Shareholder Mike Reilly authored an article in Puget Sound Business Journal’s November 11 issue titled “NLRB Protects Many Employee Facebook Postings.” In the article, Reilly discussed strategies for how employers can deal with the new National Labor Relations Board (“NLRB”) initiative.

Stock Authors Immigration Impact Blog Post About Non-Citizens Eager to Serve in the Military Who Are Blocked by the Government

Lane Powell Counsel to the Firm Margaret Stock authored a November 11 Immigration Impact blog post titled “Non-Citizens Eager to Serve in U.S. Military Blocked by Government Bureaucracy.” The Immigration Impact blog is a project of the American Immigration Council. In the blog, Stock discusses how “some highly qualified non-citizens have been blocked from serving due to the Obama Administration’s suspension of a recruiting program called the Military Accessions Vital to the National Interest (“MAVNI”). Frustrated by the government bureaucracy responsible for halting MAVNI, those non-citizen volunteers are petitioning the government in hopes of reopening the program.”

Working Together is a Must for Mixed-Use Development

Mixed-use development projects have proven to be not only economically viable, but also desirable to the residents who live there, the businesses that serve the residents and visitors, and the community at large.

Recruiting Veterans and Respecting Their Rights

This Veterans Day, we encourage employers to take a moment to evaluate their policies and practices with respect to veterans, service members and their families. As more veterans are returning from duty, federal and state lawmakers are busy trying to find ways to give employers incentives for implementing and/or improving their outreach and recruitment strategies for protected veterans and their families. Employers should also take care to remember that applicable federal and state laws provide certain protections for veterans, service members and their families.

Sendai Isn’t Unique: Seattle’s Older Buildings at Serious Risk if the Big One Happens Here

A frequent news peg whenever disaster strikes elsewhere is: Can it happen here? When it comes to the Japan earthquake last March, it most certainly can.

The more important question is: Are we ready? From the standpoint of buildings constructed before 1994, the answer may be a sobering no.

Safety, Accidents and Investigations: Be Prepared for the Unexpected

As the economy moves forward in a slow recovery, employers vigilantly watch for new opportunities to cut costs. One sure way to reduce costs is to have a strong safety and health program (safety program). If you fail to have a strong safety program, you are exposing your company to potential increases in health care costs, penalties and fines, and lost productivity. Covering the basics in this area will protect your company and its employees.

Friedman Authors Article in ABA Health eSource Newsletter About DEA Audits

Lane Powell Shareholder Ron Friedman authored an article for the American Bar Association (“ABA”) Health Law Section’s monthly electronic newsletter ABA Health eSource’s October 2011 issue. The article, titled “DEA Audits: ‘Coming to a Theatre Near You,’” considers the increased challenges posed to pharmaceutical manufacturers, distributors, pharmacies and medical providers by Drug Enforcement Administration (“DEA”) audits.

Economic Development — Creativity is Key

When you Google the phrase “economic development” you get an interesting mix of various international councils and state agencies focused on economic development. At the time I did my search, the Portland Development Commission was among the top five hits. In fact, a variety of Portland sites held positions on the first Google page. Most interesting: the wide range of topics covered (from PDC’s cluster strategy to local sustainable infrastructure to rural development). What this means, from my perspective, is that economic development is limited primarily by our imagination.

H-1B Numbers May Run Out Before End of 2011: Quota for Master’s Degree Filled

Under immigration law, the H-1B program allows U.S. employers to hire foreign nationals in “specialty occupation” positions, which require a bachelor’s degree or the equivalent. Under current law, there is a cap on the number of new H-1B petitions that will be granted each federal fiscal year (“FY”). The quota for graduates with a master’s or higher degrees from U.S. universities already has been filled. Current trends suggest that the cap for all remaining H-1B numbers for FY2012 could be reached before the end of 2011. To avoid the cap and ensuing complications and processing delays, employers who would like to hire H-1B workers to begin employment before October 1, 2012, should plan to file soon.

Friedman and Peterson Author Article in ABA Criminal Litigation Section Newsletter About the Government’s Failed Prosecution of In-House Pharmaceutical Counsel

Ron Friedman and Michelle Peterson co-authored an article published in the American Bar Association’s (“ABA”) Criminal Litigation Section Fall 2011 Newsletter titled “Lessons from the Failed Prosecution of In-House Pharmaceutical Counsel.” The article discussed the Government’s failed prosecution of in-house counsel for GlaxoSmithKline (“GSK”).

Solar Energy Trends: The Growth of Solar Systems in the Residential and Commercial Marketplace

Recently, there was much hand wringing in the news over the bankruptcies of three United States solar manufacturers, Solyndra, Evergreen Solar and Spectra watt. What many casual observers don’t realize, however, is that the demise of those companies does not mean that the solar industry is crashing. To the contrary, the solar industry is booming, both domestically and internationally, driven in large part by the rapid entrance of Chinese solar manufacturing and the decrease in the cost of solar modules. In short, there has never been a better time to install a solar system on a home or business. In 2010, the number of solar installations more than doubled from 2009, enough to power more than 200,000 homes. Projections indicate that installations will again double in 2011 over 2010. The top 10 states for PV installation in 2010 were: California, New Jersey, Nevada, Arizona, Colorado, Pennsylvania, New Mexico, Florida, North Carolina and Texas. Although most solar installations were placed on existing homes and businesses, there is an upswing as well in the number of commercial and residential developments that are building solar into the project.

State Receiverships: A Banker’s Tool for Faster, Cost-Efficient Recovery on Troubled Loans

Receiverships have become increasingly popular tools for developing and implementing cost-effective and expeditious workout strategies for troubled loans. Washington’s Receivership Act, one of the best in the country, can be an effective tool for lenders.

NLRB Postpones Employee Rights Posting Requirement to January 31, 2012

In the September 22 Legal Update “Don’t Ignore NLRB Rules: Necessary Action by All Employers,” Lane Powell’s Labor and Employment Practice Group discussed the potential for the National Labor Relations Board (“NLRB”) to postpone implementation of the notice-posting rule, due to significant public concerns about the scope of the NLRB’s jurisdictional authority to require the posting. On October 5, the NLRB announced that it was postponing implementation of the rule, stating in its press release that the deadline had been postponed “in order to allow for enhanced education and outreach to employers, particularly those who operate small- and medium-sized businesses.” The new effective date for posting is January 31, 2012. We will keep you updated.

Seattle Employers: Get Ready for Paid Sick and Safe Leave

On September 12, the Seattle City Council passed an ordinance mandating paid leave for employees who perform work in Seattle. Mayor Mike McGinn signed the ordinance into law on September 23. According to press reports, “This bill is about ensuring healthier workplaces by preventing the spread of disease.” However, the ordinance casts a wide net, mandating paid sick leave when an employee’s family member is sick, as well as paid leave when an employee or his or her family member needs “safe time” because of domestic violence, sexual assault or stalking. And it broadly defines “family member” to include spouses, domestic partners, children, parents, parents-in-law and grandparents. According to the Greater Seattle Chamber of Commerce, the ordinance is “a complex, bureaucratic and prescriptive mandate” for employers.

Rising Challenges for Community Banks and Key Tips to Stay Ahead

Community banks face new hurdles each day. One big new skyscraper of a hurdle, the Dodd Frank Act, has over 3,900 pages of proposed and final rules which, laid end-to-end, would stand nearly three times the height of the Empire State Building.

New Law Helps Bankers Fight Exploitation of Vulnerable Adults

The Washington Department of Social and Health Services received 17,586 reports of vulnerable adult abuse in 2010. Twenty-six percent of those reports were about financial exploitation.

New Opportunities for Immigration Through Investment in the US May Be Expanding

The Director of the Department of Homeland Security, Janet Napalitano, and the Director of U.S. Citizenship and Immigration Services, Alejandro Mayorkas, are promoting “a series of new policy, operational and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.” Meanwhile, Congressman Zoe Lofgren introduced the Immigration Driving Entrepreneurship in America (“IDEA”) Act. The efforts to spur foreign investment are gaining interest and some traction.

Adopting and Complying With Green Practices — It’s More Than Just a Marketing Concept

After a summer of discontent, with legislative deals to make drastic cuts in federal and state budgets and the promise of continued forays to roll back or restrict climate change regulations, it might be tempting to think that clean tech and sustainability don’t have much of a future. But if you look at what’s been happening in the private sector, clean tech and sustainability are anything but dead. Indeed, more and more businesses large and small have been adopting those practices to save costs and to benefit the bottom line. It also happens to be a good way, particularly in the Pacific Northwest, for businesses to establish their green credentials with customers. Much of that credibility and cost savings can be easily lost if a company overstates or misstates the environmental benefits and exposes itself to claims of “green washing.”

Don’t Ignore NLRB Rules: Necessary Action by All Employers

Employers should pay close attention to recent activity by the National Labor Relations Board (“NLRB”), which is the federal agency charged with enforcing the National Labor Relations Act (“NLRA”). The NLRB recently adopted a rule that requires all employers to post a new workplace poster. In addition, the NLRB has issued welcome guidance for employers on disciplining employees for social media activities without running afoul of the NLRA.