Eryk Spytek

Restaurant leaders, please see our article below on California's SB 478 and its applicability to restaurant pricing practices as set forth in the May 8 FAQ from the California Department of Justice. The FAQ signals big changes for restaurants and consequences for noncompliance may be significant. Don't fall asleep on this one! Special thanks to Alan Greenfield Alice Kessler Adil Khan Magaly Zagal and the Greenberg Traurig, LLP Restaurant Industry Group team for your contributions to this article. #GTRestaurants #GTlaw

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Fellow Georgians - TODAY is the last day of early voting for the May “Primary” which will be held on Tuesday May 21. “Primary” in quotes because while there are true primaries on the ballot, you will also DECIDE the FINAL results of non-partisan races, including school board and judicial elections all the way up the the Georgia Supreme Court. Candidates in those races with 50%+ of the vote win outright. Having a fair, apolitical, and independent judiciary is fundamental to our system of democracy which relies on the three branch system of checks and balances. This is why judges are elected as non-partisans and promising to rule a certain way on cases that may come before the court violates the judicial ethics rules. Experience and disposition matter - politics do not - in these races. So regardless of party affiliation (non-partisan races are on all primary ballots) your vote counts and is important in this election. Whether today or Tuesday, please go vote in the upcoming “Primary.” Turnout for the May election is historically low because of the focus on November. For more information about voting in Georgia, visit https://georgia.gov/voting or your county elections website.

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The California State Assembly is considering legislation (SB 1151) to impose FARA-like registration requirements on agents of foreign principals and subsidiaries who advocate before California officials. My Perkins Coie colleagues share more details in this Update. #PoliticalLaw #ForeignAgentsRegistrationAct #FARA

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Thank you Claire Solot of the Legal Services Funders Network for bringing her ⭐️ #starpower to our Nixon Peabody LLP San Francisco #ProBono Celebration Lunch. Did you know? According to the State Bar of California •55 percent of Californians at all income levels experienced at least one civil legal problem in their household within the past year. · Californians sought legal help for fewer than one in three legal problems. · Californians received no or inadequate legal help for 85 percent of their problems. · The most common categories of civil legal problems affecting Californians at all income levels are health, finance, and employment. Claire’s organization is trying to bridge this #JusticeGap by bringing together funders from law firms, private foundations, individual donors, legal organizations, corporations, and others to fund solutions! https://lnkd.in/gcS9sTPs Matthew Richards Sharmaine Heng Emery Lewis #legalservices #lawfirm

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6. Learn more in this Perkins Coie LLP Update. #NoncompeteAgreements #Noncompetes #LaborAndEmployment #EmploymentLaw

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Check out my Law360 article about the impact of the California budget tax proposals on tech and life sciences companies! https://lnkd.in/gV7u7dMD #wilsonsonsini #wilsontax

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Join my fellow Goodwin partner John Goheen and me on June 13th as we look at the evolving landscape of healthcare regulations affecting private equity and corporate investments. We will discuss the expansion of state-led notification regimes, key compliance tips, and the impact of upcoming legislation, particularly in California. Perfect for healthcare providers, private equity professionals, and anyone keen on understanding antitrust implications in healthcare. Don’t miss out on these crucial insights—register for our webinar today! For more information and to register - https://bit.ly/3V1Dh8h #GoodwinHealth #GoodwinLaw

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I am looking forward to presenting at the #NevadaTrustConference next week with Joe Viviano. The topic of tax and regulatory boundaries for trustees is becoming more and more important with remote work and decision-making. There is a lot to discuss!

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Tax planning for out-of-state workforces is a critical practice that tax professionals must engage in. My colleagues Nicole Johnson and Melanie Lee will help tax professionals understand the state and local tax impacts that an out-of-state workforce may have on businesses and/or clients and how best to comply with the registration and reporting requirements created by such workforces at this Lorman Education Services live webinar on Monday, November 18. #remoteworkforce #stateandlocaltax #statetax #taxlaw

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California's triple damage statute for sales reps & the territorial requirement: A sales rep in the food sourcing industry contacted my office, exclaiming: “I set up my principal with long-term distribution through one of the big-box grocery stores, and they soon after terminated my contract and owe me $750,000 in commissions. I want to sue them for triple damages under California law.”  He unfortunately did not have a case under the California statutes he referenced (which do have a mandatory triple damage provision when applicable). The one factor that is sometimes a killer of claims under these statutes is that the plaintiff had to be soliciting or making sales within California for these laws to apply. Even though his principal was a California “manufacturer" and he was a “wholesale sales representative” under the definitions in these statutes (and a California resident no less), his assigned geographic territory did not include California. Consequently the California statutes simply did not apply. One must look closely at the qualifying language in any sales rep protection statutes, to ascertain the prerequisites for application. Although most states don’t have the territorial requirement written into their statutes, some do require, for example, that the manufacturer be doing business within the state to be subject to the penalty provisions in that state’s laws. Our free consultations can and often do include review of documents, and legal research on the topics affecting sales reps. Until we are absolutely sure we can assist someone, we don’t accept the case or begin billing. Sometimes it takes 20 minutes to come to that conclusion. Other times several hours. 

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In this Perkins Coie LLP food and consumer packaged goods notable ruling roundup, partner David Biderman and counsel Tommy Tobin highlight the following cases. ◾ In Re Plum Baby Food Litigation: the Northern District of California granted summary judgment in an action challenging defendant's baby food products regarding allegedly undisclosed heavy metals. ◾ In Re: Recalled Abbott Infant Formula Products Liability Litigation: the Seventh Circuit upheld the dismissal of a putative class action involving the voluntary recall of defendant's powdered infant formula due to unsanitary conditions at one of their facilities. #ConsumerProducts #ConsumerPackagedGoods #Marketing #Advertising

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To enhance labor law compliance and reduce litigation, California Governor Gavin Newsom recently announced a groundbreaking agreement to reform the Private Attorneys General Act. Discover how the reforms could impact businesses and employees alike in this Perkins Coie LLP blog post. #LaborAndEmployment #LaborAndEmploymentLaw #LaborLaw #WageAndHour

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Exciting Updates: Key Legislation Changes in CA to Watch! 1. California Senate Passes its own Beneficial Ownership Legislation: SB 1201 is set to require corporations and LLCs to disclose beneficial owners in their statements of information. If signed into law, it could take effect by January 1, 2026. Stay tuned! 2. FinCEN Clarifies BOI Reporting for Inactive Entities: FinCEN updated FAQs for entities that ceased to exist before January 1, 2024. If your company dissolved before then, no need to report! 3. Beware of Misleading BOI Reporting Mailers: Scammers are still targeting business owners with fraudulent mailers about BOI reporting. As mentioned in my earlier posts this year, if you receive suspicious documents, reach out to us for verification/authentication of the notice/mailer. 4. PAGA Reform in California: Major amendments to the Private Attorneys General Act (PAGA) were signed into law on June 27, 2024, and are effective immediately. Assembly Bill 2288 and Senate Bill 92 introduced new defenses for employers and capped penalties. Note that these revisions apply only to legal actions that commence on or after June 19, 2024, and do not affect pre-existing PAGA actions or any actions based on a PAGA notice sent before this date. Employers, ensure your policies are compliant to leverage these new protections. Conduct an “audit” of your current employees and meal breaks to ensure compliance. Diligent implementation and maintenance of legally compliant policies and procedures, along with proactive practices, remain the best defense for employers. For more information, please reach out! 5. Right to Repair Act (SB 244): Good to know! This law requires manufacturers to provide tools, parts, and software for seven years for devices over $100, and three years for cheaper ones. 6. Rental Housing Security Deposit Cap (AB 12): As of July 1st,  Landlords can no longer ask for security deposits exceeding one month’s rent, making housing more accessible and affordable for all. 7. Workplace Violence Prevention (SB 553): Safety first! As highlighted in my earlier posts this year, employers are now required to develop comprehensive workplace violence prevention plans, which must include training for all employees and anti-retaliation provisions. These plans needed to be in place with training completed by July 1st. Reach out for more info! Hope you all enjoyed these updates and please reach out if you have any questions or concerns. As always, the above summary is for general informational purposes only and is not intended to replace legal counsel for specific facts or circumstances. 😊

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Our thoughts on a new commercial finance bill in #California that appears to create a duplicative licensing requirement. #SmallBusinessFinance

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Silvergate Capital was recently charged by the SEC (see press release), the Federal Reserve Board, and California state regulators, in connection with, among other things, purported misrepresentations and failures in connection with its compliance program related to digital assets. These actions show that as more mainstream institutions enter this space, federal and state regulators will be vigilant to determine that AML, KYC and other appropriate regulations are followed. Moreover, in this case various individuals were also charged (with the majority of them settling). Firms must be very careful to ensure their regulatory infrastructures are up to the challenges of handling digital assets. #crypto #cryptocurrency #SEC #securitiesandechangecommission #federalreserve #AML #kyc #silvergate #digitalassets

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The Levine Act and its campaign contribution rules have been a significant topic for local agencies during the 2024 election cycle. Although the current rules remain in place through the end of this year, there will be some notable updates in 2025, including a higher threshold of $500. Read more in our legal alert ⬇️.

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