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President Biden Reinstates a Version of the Nondisplacement of Qualified Workers Under Service Contracts Executive Order
Schwabe, Williamson & Wyatt, November 2021

On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama and then rescinded by President Trump. The new clause is reproduced below.  President Biden’s new executive order applies to contracts and subcontracts that are covered by the Service Contract Act...

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals
Schwabe, Williamson & Wyatt, November 2021

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...

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals
Schwabe, Williamson & Wyatt, November 2021

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...

What to Know About PPP Appeals and Next Steps (updated 11/15/2021)
Schwabe, Williamson & Wyatt, November 2021

Update: On September 16, 2021, the Final Rule on Borrower Appeals of Final SBA Loan Review Decisions was posted and became effective on September 14, 2021 (the “Final Rule”). The Final Rule applies to all appealable final SBA loan review decisions under the PPP and applies to all appeals filed after the effective date and to those appeals filed before the effective date for which a notice and order has not been made...

Infrastructure Investment and Jobs Act Delivers Optimism for Transportation Industry
Schwabe, Williamson & Wyatt, November 2021

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...

Latest Federal Court Cases, 11/15/21
Schwabe, Williamson & Wyatt, November 2021

Apple Inc. v. Qualcomm Inc., Appeal Nos. 2020-1683, -1763, -1764, 1827 (Fed. Cir. Nov. 10, 2021) Our Case of the Week reinforces a developing body of law concerning standing to appeal from an adverse PTAB decision in an IPR.  This is the second such decision arising from a global settlement between Apple and Qualcomm this year.   We wrote about the first case, in April this year, here...

Infrastructure Investment and Jobs Act Delivers Optimism for Transportation Industry
Schwabe, Williamson & Wyatt, November 2021

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...

OP-ED: Making (Some) Sense of Evolving Vaccine Mandates for Employers
Schwabe, Williamson & Wyatt, November 2021

For the unaided construction contractor, navigation of changing vaccine mandates can be daunting, and it is no wonder there continues to be confusion about these mandates’ effects. Members of the construction industry have been discussing these rules in terms of how they apply to contractors working on federal or state projects...

Latest Federal Court Cases, 11/8/21
Schwabe, Williamson & Wyatt, November 2021

University of Strathclyde v. Clear-Vu Lighting LLC, Appeal No. 2021-2243 (Fed. Cir. Nov. 4, 2021) In this week’s Case of the Week, the Federal Circuit reversed an inter partes review decision finding claims directed to light-based disinfecting methods to be obvious over the prior art.  This case provides a helpful example of how negative claim limitations can affect an obviousness determination...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

New Oregon Brownfield Loan Program to Watch
Schwabe, Williamson & Wyatt, October 2021

Revitalizing Brownfields has long been considered a centerpiece for community efforts to encourage growth and development of properties impacted by contamination.  In 2021, Oregon’s Legislature passed HB 2518, which seeks to enhance Brownfield development by making forgivable loans available to assist with the cleanup of blighted properties...

Renewable Energy Reimagined: What You Need to Know Now
Schwabe, Williamson & Wyatt, October 2021

Ryen Godwin, Environmental and Natural Resources Lawyer for Schwabe, Williamson & Wyatt, kicked things off and provided closing commentary on the discussion at the end of the event...

Latest Federal Court Cases, 10/18/21
Schwabe, Williamson & Wyatt, October 2021

Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new constitutional challenges to the structure and funding of the Patent Trial and Appeal Board (the “Board”). Judge Newman concurred with the majority that the Board’s decision should be remanded for Director approval under United States v. Arthrex, Inc...

OP-ED: Design-Build Pitfalls for Owners, contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

OP-ED: Design-Build Pitfalls for Owners, contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

OP-ED: Design-Build Pitfalls for Owners, contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

OP-ED: Design-Build Pitfalls for Owners, contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

OP-ED: Design-Build Pitfalls for Owners, Contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

OP-ED: Design-Build Pitfalls for Owners, contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

Deviation: Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Schwabe, Williamson & Wyatt, October 2021

The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate)...

Deviation: Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Schwabe, Williamson & Wyatt, October 2021

The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate)...

Deviation: Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Schwabe, Williamson & Wyatt, October 2021

The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate)...

 

 

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