Corporate & Commercial

By Deborah Kirk European Union (EU) trademark law is currently undergoing significant reform, with the most recent change of particular relevance to certification mark holders or to those interested in applying for certification marks. The EU-certification mark, introduced on 1 October 2017, widens the categories of trade mark protections that are available at the EU-level....… Continue Reading

Many insurance policies contain a war exclusion precluding coverage for loss caused by war. But in world where violent conflicts involve a wide variety of different groups and parties, what exactly constitutes “war”? In a recent coverage dispute presenting this issue, a federal judge concluded that costs Universal Cable Productions incurred after the 2014 armed … Continue Reading

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China Employee Terminations and Why Mutual Terminations so Often Make Sense Terminating China-based employees is difficult. Article 40(2) of China’s Labor Contract Law permits an employer to unilaterally terminate an employee, with severance, if the employee is incompetent and remains incompetent after training or assignment to a different position. In practice though, Chinese courts tend to be very strict in applying this law and employers that fail to...
Much Ado About RICO and Cannabis, Part 2 We’ve previously discussed a RICO case that is slowly worming its way through federal court in Portland, Oregon. Styled as McCart v. Beddow et al., the case was filed by an attorney who is fed up with two neighboring cannabis grow operations next to her rural home. But rather than focusing solely on the allegedly troublesome cannabis...
They Said It On Marijuana, Quotable Saturday, Part CLXXX Things were not perfect for the cannabis industry under the Obama Administration and Eric Holder and the Cole Memo (to which Holder is referring above), but they certainly were better than Jeff Sessions’ odd and obsessive loathing of cannabis. But instead of our getting all nostalgic, we just need to keep fighting. The populace and the numbers are on...
Oregon children’s product reporting instructions and portal go live With less than three months to go before the first biennial reporting deadline, the Oregon Health Authority has opened its reporting portal and issued instructions for reporting under the Oregon Toxic Free Kids Act. The Act requires manufacturers (or importers into the state) to report the existence of “High Priority Chemicals of Concern for Children’s … Continue reading
Originally posted on Troutman Sanders’ Washington Energy Report On October 4, 2017, FERC issued two separate orders clarifying its jurisdiction under sections 203 and 205 of the Federal Power Act (“FPA”) related to certain project development activities.  In Ad Hoc Renewable Energy Financing Group, FERC granted a petition for declaratory order and confirmed that certain...
At-the-Market Offerings               Since ATMs were first undertaken in the mid-1990s, there has been tremendous growth in adoption of this financing alternative.  Approximately 210 ATM offering programs were filed last year, and this year promises to exceed that.  Energy companies, utilities, and REITs remain among the most active users of ATM...Continue Reading…