By: Ted A. Warpinski and M. Andrew Skwierawski On May 4, 2020, the U.S. Environmental Protection Agency (“EPA”) published a notice of its draft risk evaluation for PERC (Perchloroethylene), seeking public comment on the same. Prompted by a requirement in the Toxic Substances Control Act (TSCA), the EPA performs a risk evaluation to determine whether…
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By: Erin E. Kaprelian Generic terms—those words that actually name a product or service—are ineligible for trademark protection under current United States trademark law. The United States Patent and Trademark Office (USPTO) decided that adding “.com” to an otherwise generic term was not sufficient to allow trademark registration of the “generic.com” composition. In the matter…
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By: Jacqueline L. Messler The IRS recently released Notices 2020-50 and 2020-51, on June 19 and June 26, respectively, which offer important but temporary relief to individuals who took their Required Minimum Distributions (RMDs) in 2020 prior to the enactment of the CARES Act. The Notices also expanded the number of people eligible to withdraw…
Read Full ArticleBy: Thomas V. Rohan Over the last three months, Davis|Kuelthau has been asked to prepare many liability waivers (“exculpatory clauses”) to be signed by their customers in order to insulate the clients from damage claims relating to potential exposure to the COVID-19 virus. That assignment may seem simple enough, but, in fact, there are a…
Read Full ArticleBy: Laurie E. Meyer As states and municipalities relax safer-at-home measures, stores, restaurants, offices, manufacturers, and other employers across the country are either re-opening for business or returning their employees from remote work. Despite the best of intentions to comply with seemingly ever-changing laws, orders and agency guidance, many businesses worry about whether there will…
Read Full ArticleBy: Lawrence J. Glusman On June 16, 2020, the SBA released a revised PPP loan forgiveness application form and instructions, along with a brand new “EZ” version and instructions. The forms implement provisions of the recent PPP Flexibility Act of 2020 (signed into law on June 5, 2020) and address criticism that the original forgiveness…
Read Full ArticleBy: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that…
Read Full ArticleBy: Abby S. Busler and Bruce B. Deadman In new guidance issued on June 17, 2020, the Equal Employment Opportunity Commission (EEOC) adopted the CDC’S position that antibody test results “should not be used to make decisions about returning persons to the workplace” because “an antibody test at this time does not meet the ADA’s…
Read Full ArticleBy: Abby S. Busler In the midst of the global pandemic, the United States Department of Education (DOE) updated its Title IX guidance and recently issued accompanying final regulations. In 2017, United States Department of Education Secretary Betsy DeVos revoked Obama-era Title IX guidance. On May 6, 2020, Secretary DeVos released the final regulations relating…
Read Full ArticleBy: Laurie E. Meyer and Abby S. Busler On June 15, 2020, in a landmark decision, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sexual orientation or transgender status. This decision comes five years after the Court legalized same sex…
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