Richard Herold

Richard Herold

Snell & Wilmer

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Federal Regulators Plan Cybersecurity Assessments for Certain Banks

Federal regulators have substantially elevated cybersecurity risk assessments as yet another monitoring tool. They now view risk assessments not just as relevant to mundane IT issues but as more fundamental for assessing...more

5/19/2014 - ATMs Banks Cybersecurity Data Protection Financial Regulatory Reform OCC

Beyond Real Estate: Publicly Traded Homebuilders (And Other Public Companies) Must be Aware of Cybersecurity and Data Breach...

Generally speaking, publicly traded homebuilders and other public companies must disclose material information in their SEC filings. “Information is considered material if there is a substantial likelihood that a reasonable...more

3/17/2014 - Breach Notification Rule Cybersecurity Data Protection Disclosure Requirements SEC

Bidding on State Land Trust Leases: Even the Top Revenue-Generating Bids Must be Balanced Against Qualitative “Best Use” Factors...

The Court of Appeals recently held that that the Commissioner of the State Land Trust Department properly balanced Wildearth Guardians, Inc.’s higher revenue-generating bid against “best use” qualitative factors set forth in...more

10/21/2013 - Auction Leases Trusts

The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an...

The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more

7/19/2013 - Dolan v City of Tigard Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Water Wetlands

The Risk of Intent in Your Letter of Intent

Although the press frequently reports cavalierly on the execution of a “letter of intent” (“LOI”), as if it is a meaningless document, a LOI can be enforced if the parties intend to be bound, which turns primarily upon a...more

6/10/2013 - Covenant of Good Faith and Fair Dealing Letters of Intent

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

1/18/2013 - Appeals Arbitration Agreements Arbitrators Breach of Contract Construction Contracts Dissolution Fiduciary Duty Fraud LLC Negligent Misrepresentation Non-Parties Partnerships Receivership Revised Uniform Arbitration Act Unjust Enrichment

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