Lewis Roca Rothgerber

.CASINO generic Top Level Domain Launches Sunrise

The new gTLD .casino opens to the public on June 3. Trademark owners may be able to register their trademark as a .casino domain name ahead of the public launch. The “sunrise” early registration period for trademark owners…more

Domain Names, gTLD, ICANN, Popular, Sunrise Periods

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New Mexico Issues a Notice of Proposed Rulemaking to Revise its State Rural Universal Service Fund

This past Wednesday,, the New Mexico Public Regulation Commission (NMPRC) approved a Notice of Proposed Rulemaking (NOPR)to revise New Mexico’s State Rural Universal Service Fund following numerous workshops and filings by NMPRC…more

Rulemaking Process, Telecommunications, Utilities Sector, Wireless Industry, Wireless Technology

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Q&A with West Allen: The Lasting Damage to U.S. ?Courts due to the Government Shutdown

Last July, Lewis Roca Rothgerber attorney West Allen testified before the U.S. Senate Judiciary ?Subcommittee on Bankruptcy and the Courts on the negative effects that automatic spending cuts, ?or budget sequestration, would…more

Federal Budget, Federal Judiciary, Funding, Government Shutdown, Sequestration

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Complete Versus Conflict Preemption In ERISA Cases

Both state and federal courts have original jurisdiction over ERISA benefits actions. See29 U.S.C. § 1132(e)(1), ERISA § 502(e)(1). But litigants (and defendants in particular) have historically preferred the federal courts,…more

Benefit Plan Sponsors, Employee Benefits, ERISA, Preemption

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What Every Executive Should Know About Building a Patent Portfolio

Despite what you may have heard, patents continue to foster competition and innovation and are essential to success in technology driven markets. To operate successfully in these markets, in-house counsel, program managers,…more

C-Suite Executives, Patent Portfolios, Patents

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Untimely Disclosure of Witnesses and Evidence in Colorado

A common litigation tactic that lawyers are all too familiar with is the untimely disclosure of witnesses and exhibits on the eve of trial. After months, or even years, of litigation to prepare a case for trial, one party…more

Disclosure, Evidence, Rules of Civil Procedure, Witnesses

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Universities Engage In A Battle Of The Birds

In 2001, after decades-long use of the full-bodied eagle design shown below (described by some as an “attack eagle”), the University of Southern Mississippi, or as its more commonly known Southern Miss, decided it was time to…more

Likelihood of Confusion, Logos, Trademarks

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Arizona Enacts Limited Privilege For Insurance Self-Audits

Arizona has enacted a privilege applicable to voluntary compliance audits conducted by insurance companies. This “self-evaluative” privilege protects audit documents and testimony in civil and some administrative proceedings…more

Audits, Compliance, Department of Insurance, Discovery, Insurers

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A New Year and a New Arizona Anti-Deficiency Statute

In 2014, the Arizona Legislature enacted significant changes to the anti-deficiency statutes, which protect certain residential borrowers from a deficiency judgment following foreclosure. These statutory changes, which apply to…more

Anti-Deficiency Provisions, Borrowers, Deed of Trust, Deficiency Judgments, Mortgage Lenders

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“Reasonable Inquiry”: Complying With Rule 26(g) In The Age Of Technology

There can be little debate that electronically stored information (“ESI”) has altered the landscape of discovery in civil litigation. The number of devices that transmit or store electronic data as well as the volume of data in…more

Cybersecurity, Data Protection, Electronically Stored Information, Rule 26

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Iowa Senate File 166

On March 12, 2015, the Iowa Senate passed a bill that would allow Iowans participating in fantasy sports leagues to claim prizes and awards. Iowa Senate File 166 (“SF 166”) was passed by a 32-16 vote and placed on the House…more

Fantasy Sports, New Legislation

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ACC Continues its Evaluation of Distributed Generation, Net Metering

The Arizona Corporation Commission (“Commission”) held its first workshop on the Value and Cost of Distributed Generation (“DG”), ACC Docket No. E-00000J-14-0023. The theme set forth by Commission Staff seemed to be…more

Electricity, Net-Energy Metering, SEIA, Utilities Sector

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"Let There Be Light” Part 2 of 2 Part Series

There are numerous other examples of religious institutions which have made green energy part of their mission. Utility companies across the U.S. are embracing solar energy. Savvy investors like Warren Buffet see the potential…more

Energy Projects, Religious Institutions, Renewable Energy, Solar Energy

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Nevada Power to Issue RFP for Additional Electric Capacity

Nevada law mandates that Nevada Power Company (“Nevada Power”) retires and replaces its coal-fired generation through an emissions reduction and capacity replacement plan (“ERCR Plan”). On May 1, 2014, Nevada Power filed its…more

Coal-Fired Generation, Electricity, Energy Sector, Nevada Power Co, Oil & Gas

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Client Alert: Oil & Gas Bankruptcies on the Horizon: Beware of Statutory Liens

The recent drop in crude oil prices has been a boon to consumers and businesses alike. However, sustained lower crude prices will invariably have a negative impact on drilling activity in those states where oil and gas…more

Commercial Bankruptcy, Energy Sector, Insolvency, Oil & Gas, Oil Prices

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CLIENT ALERT - Overly Broad "At-Will" Employment Disclaimers: The National Labor Relations Board's Latest Target

The National Labor Relations Board has been paying a great deal of attention to any type of employer activity that may conceivably have an effect on employee collective bargaining rights. The latest target for the National Labor…more

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Real World Implications of Forest Service’s New Process for Finalizing Records Of Decision

About a year ago, the Department of Agriculture (“USDA”) issued a final rule establishing a ?new and exclusive process for filing objections to certain proposed National Forest Service (“NFS”) ?projects and activities (78 Fed…more

Forest Service, NEPA, USDA

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Natural Gas Infrastructure Needs for Electric Generation—Not What Would be Expected

While Congress and the President continue their “Keystone XL Pipeline Dance”, a new report from the Department of Energy (DOE) discusses the changing needs for additional domestic natural gas infrastructure to meet increased…more

DOE, Electricity, Fracking, Horizontal Wells, Keystone XL Pipeline

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Tribes in Arizona May Have Opportunity to Participate in State’s Implementation Plan for the EPA Clean Power Plan

Arizona Governor Doug Ducey signed into law SB 1007, which authorizes the state to include tribes in any state plan to implement the U.S. Environmental Protection Agency’s proposed rule to reduce carbon dioxide (CO2) emissions…more

Clean Power Plan, EPA, New Legislation, Tribal Governments

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Client Alert: A Quick Look at Arizona’s New Crowdfunding Law (SB 1450/HB 2591)

Client Alert: A Quick Look at Arizona’s New Crowdfunding Law (SB 1450/HB 2591) - Through existing “crowdfunding,” a large number of people each provide a relatively small amount of money over the Internet for a profit or…more

Crowdfunding, Entrepreneurs, New Regulations, Small Offering Exemptions, Startups

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Colorado PUC Considers Distributed Energy Storage Challenges and Opportunities

Against the backdrop of speculation concerning Tesla’s upcoming announcement which is widely anticipated to be a distributed energy storage product, and with continuing industry reports of a burgeoning domestic and international…more

Energy Sector, Grid Energy Storage, Public Utilities Commission, Tesla

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Sunrise Registration Opens: Options for Protecting Your Brand in the .sucks gTLD

The registration policies and pricing for .sucks domain names paint trademark owners into a corner. This alert explains the defensive registration options for mark owners, although there are no “good” options. The new gTLD…more

Domain Names, gTLD, Sunrise Periods, Trademarks

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CLIENT ALERT: HHS Announces More Than $1 Million Each In Penalties For HIPAA Security Rule Violations

Businesses subject to HIPAA rules should take note of recent penalties imposed by the U.S. Department of Health and Human Services (“HHS”). Penalties of more than $1 million each were leveled as a result of Security Rule…more

Compliance, Data Protection, Healthcare Professionals, HHS, HIPAA

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Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31…more

Compliance, Copyright, Embargo, Enforcement, Foreign Policy

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The SEC’S New “Regulation A+” and the States’ “M” Word

The changes mandated to Regulation A in the JOBS Act are among the least heralded yet most promising prospects for small business capital formation. The SEC adopted sweeping changes to Regulation A on March 25, 2015 to take…more

Final Rules, Issuers, JOBS Act, Regulation A, SEC

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Advertising Alone Does Not Demonstrate Use of a Service Mark in Commerce for Purposes of Obtaining a Federal Registration

Here’s a common scenario: Your business has come up with an idea for a new service offering, and you or your marketing department has created the perfect brand for it. Now what? Because you have a great relationship with…more

Advertising, Registration, Service Marks, Trademark Infringement, Trademarks

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Client Alert - Washoe County Real Estate Update: Are You Paying Too Much for Property Taxes?

The deadline to contest property taxes in Washoe County for the 2012-2013 fiscal year is January 17, 2012. It is no secret that over the past several years both commercial and residential property values in Washoe County,…more

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CLIENT ALERT - Recent Changes to Online Privacy Laws in California

California Online Protection Act - The California Online Protection Act (the “Act”) requires a commercial Internet website or online service to conspicuously post a privacy policy on its website if it collects personally…more

Breach Notification Rule, CalOPPA, COPPA, Data Breach, Data Protection

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Client Alert: IRS Announcement on February 9, 2015, Requires Review of Charter Schools Tax Status

On November 8, 2011, the IRS and Treasury Department published an Advance Notice of Proposed Rulemaking (“2011 Advance Notice”) that posed a threat to charter school participation in public pension plan systems. The 2011 Advance…more

Charter Schools, IRS, Pensions, Public Pension, Public Schools

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Arizona Corporation Commission Recognizes Changing Landscape of Telecommunications

Over the past year, the Arizona Corporation Commission ("Commission") has begun to tailor certain of its regulations to more aptly fit the current landscape of the competitive telecommunications market. Although the changes…more

Filing Requirements, Performance Bonds, Telecommunications

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CLIENT ALERT - Overly Broad "At-Will" Employment Disclaimers: The National Labor Relations Board's Latest Target

The National Labor Relations Board has been paying a great deal of attention to any type of employer activity that may conceivably have an effect on employee collective bargaining rights. The latest target for the National Labor…more

See All Updates »

Arizona Enacts Limited Privilege For Insurance Self-Audits

Arizona has enacted a privilege applicable to voluntary compliance audits conducted by insurance companies. This “self-evaluative” privilege protects audit documents and testimony in civil and some administrative proceedings…more

Audits, Compliance, Department of Insurance, Discovery, Insurers

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What to Consider When Facing a Legal Malpractice Claim

As attorneys, we tend to focus on how to avoid being sued by a client in the first place. After all, the lawyer’s role is to protect the client’s interests and to take the actions necessary to secure this objective. No lawyer…more

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Republicans Control the Arizona State Capitol in 2015

The 2015 Arizona regular legislative session is well underway. It is likely that the legislature will adjourn by mid-April. Arizona has a new governor – Republican Doug Ducey, who was elected by a large margin in…more

Election Results, Legislative Agendas, Political Parties

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Tenth Circuit Hears Arguments in Colorado Renewable Energy Standard Case

On Wednesday, January 21, the Tenth Circuit Court of Appeals heard arguments in a case challenging the constitutionality of Colorado’s Renewable Energy Standard. The case was originally filed in 2011 and this latest appeal…more

Appeals, Renewable Energy, Renewable Fuel Standard

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Sanctions imposed for deposition conduct in Iowa, a state with “storied tradition and culture of civility.”

In a colorful opinion this week, an Iowa judge imposed sanctions stemming from a deposition. U.S. District Judge Mark Bennett was “shocked” by depositions. He felt the deposition conduct had no place in Iowa, observing: “There…more

Attorney Misconduct, Depositions, Sanctions

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Nevada Lawyers Beware: Don’t Use Privileged Documents To Prep Your Client To Testify

Twice this year, the Nevada Supreme Court ruled that a party may be required to produce for inspection an otherwise privileged document used to refresh a witness’s recollection prior to or during the witness’s testimony at a…more

Attorney-Client Privilege, Depositions, Document Productions, Privilege Waivers, Testimony

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Nevada Lawyers Beware: Client Communications During Deposition Breaks May Not Be Privileged

Scenario: You have spent hours prepping your client for her deposition testimony. A key document is introduced at the deposition and opposing counsel begins to ask a series of questions about the significance of the…more

Attorney-Client Privilege, Depositions, Discovery

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Embracing Nontraditional Trademarks: Expand Your Brand Through All the Senses!

The human senses have the powerful ability to trigger memories and help retain information. The tune of “Twinkle, Twinkle, Little Star” helps millions of kids learn the alphabet every year, and even adults retain that tune when…more

Brand, Corporate Counsel, Lanham Act, Popular, Trademarks

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Trademark use within an expressive work must only pass the Rogers test, not a likelihood of confusion analysis: Mil-Spec Monkey v. Activision

The likelihood of confusion test is often called the “cornerstone” of trademark infringement law. It may be in many circumstances, but it does not apply to allegations of infringement within expressive works, as the recent…more

Likelihood of Confusion, Popular, Rogers Test, Trademark Infringement, Trademark Litigation

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A Primer on Uniform Interstate Depositions and Discovery Act of 2007

Most litigators at one point or another will need to conduct a deposition of a witness or discover materials in another state. Prior to the promulgation of the Uniform Interstate Depositions and Discovery Act, discussed below,…more

Depositions, Discovery, Subpoenas

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CLIENT ALERT: Arizona Supreme Court to Decide if Borrowers and Guarantors Can Waive Fair Market Value Defense

In September 2013, the Arizona Court of Appeals held that commercial borrowers and guarantors cannot prospectively waive their right to seek a fair market value hearing to limit their potential deficiency liability following…more

Appeals, Borrowers, Commercial Property Owners, Deficiency Judgments, Fair Market Value

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Arizona Enacts Limited Privilege For Insurance Self-Audits

Arizona has enacted a privilege applicable to voluntary compliance audits conducted by insurance companies. This “self-evaluative” privilege protects audit documents and testimony in civil and some administrative proceedings…more

Audits, Compliance, Department of Insurance, Discovery, Insurers

See All Updates »

How to Avoid Accidentally Writing a Contract in Indelible Digital Ink

Business Dealings in a Digital Age In our digital age, more and more business transactions are being conducted electronically. Generally speaking, this makes doing business much easier and more convenient; but in some…more

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Nevada Update: Regulation of Internet Poker, Part 2

In our prior article, “Nevada Update: Regulation of Internet Poker,” published in the August edition of CEM, we examined the recently enacted Nevada regulations governing Internet gaming, as well as the first interactive gaming…more

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A New Front Opens up in the Arizona Solar Battle

On March 2, 2015, SolarCity Corporation (“SolarCity”) filed suit in the federal District Court for the District of Arizona against the Salt River Project Agricultural Improvement and Power District (“SRP”) alleging that SRP had…more

Antitrust Litigation, Electricity, Product Pricing, Solar Energy, Tortious Interference

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JOBS Act Update: SEC Releases Proposed Rules for Eliminating Prohibition Against General Solicitation & Advertising in Rule 506 Offerings

On August 29, 2012, the Securities and Exchange Commission (“SEC”) released proposed rules for eliminating the prohibition against general solicitation and general advertising in offerings of securities under Rule 506. Congress…more

Advertising, General Solicitation, JOBS Act, SEC

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Client Alert: IRS Announcement on February 9, 2015, Requires Review of Charter Schools Tax Status

On November 8, 2011, the IRS and Treasury Department published an Advance Notice of Proposed Rulemaking (“2011 Advance Notice”) that posed a threat to charter school participation in public pension plan systems. The 2011 Advance…more

Charter Schools, IRS, Pensions, Public Pension, Public Schools

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Are You Paying Too Much For Property Taxes?

It is no secret that over the past several years both commercial and residential property values in Clark County, Nevada have plummeted, and in some places, continue to fall. Recently, values have increased in certain areas of…more

Property Tax

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Phased Discovery in Patent Litigation: A Powerful Tool Within the Existing Litigation Framework for Combating Actions by Non-Practicing Entities

There is much debate over how to curtail patent litigation by non-practicing entities (“NPEs”). A NPE (sometimes referred to as a “Patent Troll”) is an individual or entity who typically accumulates patents not for the purpose…more

Discovery, Federal Rules of Civil Procedure, Patent Infringement, Patent Litigation, Patent Trolls

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With Setback Regulation Looming, Wyoming Businesses Take Heed

Now that the Wyoming legislature in its general session, a pending regulatory issue bears noting as some believe it may soon end up on the legislature’s docket. The ongoing debate over oil and gas “setback” regulations has…more

Oil & Gas, Regulatory Agenda, Setback Rules, Well Setbacks

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CLIENT ALERT: The Supreme Court and the Law of Nature Exclusion

In its March 20, 2012 opinion in Mayo Collaborative Services v. Prometheus Labs, Inc., the Supreme Court unanimously invalidated Prometheus’ patent claims based on the “law of nature exclusion,” explaining that routine,…more

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Building Efficiency Big Now – District Energy Could Make It Grow Even Bigger

The advanced energy industry produced $199.5 billion in revenue in the United States in 2014 (and $1.3 trillion world-wide; this post, however, focuses on U.S. economic impacts) according to a new Advanced Energy Economy report…more

Emerging Markets, Energy Sector

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CLIENT ALERT - Recent Changes to Online Privacy Laws in California

California Online Protection Act - The California Online Protection Act (the “Act”) requires a commercial Internet website or online service to conspicuously post a privacy policy on its website if it collects personally…more

Breach Notification Rule, CalOPPA, COPPA, Data Breach, Data Protection

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The Top Ten eDiscovery Developments of 2014 in the Mountain West and California

Over the past year, bar associations and courts throughout the country found themselves addressing more and more issues related to electronic discovery. The states where Lewis Roca Rothgerber has offices were no exception to…more

Discovery, Federal Rules of Civil Procedure

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Wyoming Again Takes the Lead in Fracking Regulation

Wyoming has once again taken the lead in the regulation of hydraulic fracturing, or as it is commonly referred to as "fracking". In response to Governor Matt Mead's Energy Strategy, the Wyoming Oil and Gas Conservation…more

Energy, Fracking, Fracking Bans, Natural Gas, Oil & Gas

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Let’s Get Personal – Trademark Protection for Personal Names

What’s in a name? Well, a name can suggest a lot about an individual, including their ancestry and heritage. We identify ourselves by, and answer to, our given names…more

Surnames, Trademarks

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Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars. In a…more

Document Productions, Legal Costs, Metadata, Recovery Laws, Request For Information

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Arizona Local Counsel Information

Lewis Roca Rothgerber LLP has prepared this document to inform counsel we work with who are outside of Arizona about certain recurring issues that they should be aware of when litigating here. The document obviously is not…more

Apportionment, Attorney's Fees, Community Property, Disclosure Requirements, Expert Witness

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CLIENT ALERT - Overly Broad "At-Will" Employment Disclaimers: The National Labor Relations Board's Latest Target

The National Labor Relations Board has been paying a great deal of attention to any type of employer activity that may conceivably have an effect on employee collective bargaining rights. The latest target for the National Labor…more

See All Updates »

JOBS Act Update: SEC Releases Proposed Rules for Eliminating Prohibition Against General Solicitation & Advertising in Rule 506 Offerings

On August 29, 2012, the Securities and Exchange Commission (“SEC”) released proposed rules for eliminating the prohibition against general solicitation and general advertising in offerings of securities under Rule 506. Congress…more

Advertising, General Solicitation, JOBS Act, SEC

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Is This Patentable?

One of the questions most often asked of patent attorneys is: “Is this patentable?” Such a question may apply to the questioner’s own invention or to the purported invention of another. While it may appear to be a simple…more

Patent Applications, Patent-Eligible Subject Matter, Patents

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What to Consider When Facing a Legal Malpractice Claim

As attorneys, we tend to focus on how to avoid being sued by a client in the first place. After all, the lawyer’s role is to protect the client’s interests and to take the actions necessary to secure this objective. No lawyer…more

See All Updates »

Colorado Energy Legislation 2015: Where Do We Stand at the Session Midpoint?

This past Saturday marked the midpoint of the First Regular Session of the 70th General Assembly of the State of Colorado. Having had 60 days to watch legislators in action, we now have a fairly good idea where the General…more

Energy Policy, Energy-Efficiency Tax Credits, Enterprise Zones, Fuel Tax, General Assembly

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(Un)licensed to Ill: Three Common Sense Lessons Every Marketing Department Should Learn from Beastie Boys v. Monster Energy Co.

As reported by several media outlets in the last few weeks, the Beastie Boys are seeking nearly $2.4 million in attorneys’ fees from Monster Energy Co.—the maker of the eponymous Monster energy drinks—after Monster was found…more

Advertising, Attorney's Fees, Beastie Boys, Copyright, Copyright Infringement

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Client Alert - Washoe County Real Estate Update: Are You Paying Too Much for Property Taxes?

The deadline to contest property taxes in Washoe County for the 2012-2013 fiscal year is January 17, 2012. It is no secret that over the past several years both commercial and residential property values in Washoe County,…more

See All Updates »

Iowa Senate File 166

On March 12, 2015, the Iowa Senate passed a bill that would allow Iowans participating in fantasy sports leagues to claim prizes and awards. Iowa Senate File 166 (“SF 166”) was passed by a 32-16 vote and placed on the House…more

Fantasy Sports, New Legislation

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The Computer Fraud and Abuse Act: ‘Authorization’ in Flux and the Ninth Circuit Dilemma

The Computer Fraud and Abuse Act (‘‘CFAA’’) was passed by Congress in 1984 to address the unauthorized access and use of computers and computer networks. Although the CFAA is primarily a criminal statute, the 1994 amendment to…more

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JOBS Act Update: SEC Releases Proposed Rules for Eliminating Prohibition Against General Solicitation & Advertising in Rule 506 Offerings

On August 29, 2012, the Securities and Exchange Commission (“SEC”) released proposed rules for eliminating the prohibition against general solicitation and general advertising in offerings of securities under Rule 506. Congress…more

Advertising, General Solicitation, JOBS Act, SEC

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Mixing Things Up: Let’s Talk Recipes, Part One of a Four-Part Series (Copyright)

Discussions about protecting intellectual property often focus on cutting-edge technologies, corporate branding campaigns, and widely distributed artistic works like movies and music. But let’s mix things up a bit. Follow us…more

Copyright, Fast-Food Industry, Food Manufacturers, Restaurant Industry

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CLIENT ALERT - Overly Broad "At-Will" Employment Disclaimers: The National Labor Relations Board's Latest Target

The National Labor Relations Board has been paying a great deal of attention to any type of employer activity that may conceivably have an effect on employee collective bargaining rights. The latest target for the National Labor…more

See All Updates »

A New Year and a New Arizona Anti-Deficiency Statute

In 2014, the Arizona Legislature enacted significant changes to the anti-deficiency statutes, which protect certain residential borrowers from a deficiency judgment following foreclosure. These statutory changes, which apply to…more

Anti-Deficiency Provisions, Borrowers, Deed of Trust, Deficiency Judgments, Mortgage Lenders

See All Updates »

CLIENT ALERT: The Supreme Court and the Law of Nature Exclusion

In its March 20, 2012 opinion in Mayo Collaborative Services v. Prometheus Labs, Inc., the Supreme Court unanimously invalidated Prometheus’ patent claims based on the “law of nature exclusion,” explaining that routine,…more

See All Updates »

JOBS Act Update: SEC Releases Proposed Rules for Eliminating Prohibition Against General Solicitation & Advertising in Rule 506 Offerings

On August 29, 2012, the Securities and Exchange Commission (“SEC”) released proposed rules for eliminating the prohibition against general solicitation and general advertising in offerings of securities under Rule 506. Congress…more

Advertising, General Solicitation, JOBS Act, SEC

See All Updates »

Ninth Circuit: Banks Can Freeze Chapter 7 Debtors’ Accounts

Banks have long taken comfort in knowing that if one of their customers files for bankruptcy, the bank can freeze the debtor’s account to preserve the bank’s ability to assert a setoff against the account where the bank has a…more

Banks, Chapter 7, Consumer Bankruptcy, Debtors, Frozen Assets

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Tribes in Arizona May Have Opportunity to Participate in State’s Implementation Plan for the EPA Clean Power Plan

Arizona Governor Doug Ducey signed into law SB 1007, which authorizes the state to include tribes in any state plan to implement the U.S. Environmental Protection Agency’s proposed rule to reduce carbon dioxide (CO2) emissions…more

Clean Power Plan, EPA, New Legislation, Tribal Governments

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Does the Ebola-free Nurse Doll Raise a Right of Publicity Claim?

In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their identity…more

Children's Toys, Licensing Rights, Right of Publicity

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Cariou v. Prince: A Controversial Redefining of the Distinction between Parody and Satire

The controversy that swirled around the 2013 Cariou v. Prince decision was once again ignited with the Seventh Circuit’s recent decision in Kienitz v. Sconnie Nation LLC – a decision that, fairly or unfairly, took direct issue…more

Copyright, Fair Use, Parody, Photographs, Satire

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A New Year and a New Arizona Anti-Deficiency Statute

In 2014, the Arizona Legislature enacted significant changes to the anti-deficiency statutes, which protect certain residential borrowers from a deficiency judgment following foreclosure. These statutory changes, which apply to…more

Anti-Deficiency Provisions, Borrowers, Deed of Trust, Deficiency Judgments, Mortgage Lenders

See All Updates »

How to Avoid Accidentally Writing a Contract in Indelible Digital Ink

Business Dealings in a Digital Age In our digital age, more and more business transactions are being conducted electronically. Generally speaking, this makes doing business much easier and more convenient; but in some…more

See All Updates »

Arizona Local Counsel Information

Lewis Roca Rothgerber LLP has prepared this document to inform counsel we work with who are outside of Arizona about certain recurring issues that they should be aware of when litigating here. The document obviously is not…more

Apportionment, Attorney's Fees, Community Property, Disclosure Requirements, Expert Witness

See All Updates »

A Circuit Split or Just a Surface-Blemish: Why Kienitz v. Sconnie Nation LLC Doesn’t Conflict with Cariou v. Prince

Every day, attorneys argue whether appellate court opinions are wrong. But not every day do you get an appellate court criticizing the opinions of a sister court of appeals…more

Appeals, Copyright, Copyright Infringement, Derivative Works, Fair Use

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Recent Nevada Opinion: Retroactivity Rules and Ex-Parte Communication With Treating Physicians Prohibited

On July 10, 2014, the Supreme Court of Nevada published Leavitt v. Siems, 130 Nev. Adv. Op. 54 (2014), which addressed issues related to expert testimony. This case provides two important takeaways: (1) the basic legal…more

Discovery, Ex-Parte Communications, Healthcare, Medical Malpractice, Retroactivity

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Contact

201 E. Washington St. Suite 1200 Suite 1900
Phoenix, AZ 85004, United States


Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
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  • Criminal Law
  • Debtor/Creditor
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  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
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  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • Nevada
  • New Mexico
  • Wyoming
Number of Attorneys

100+ Attorneys

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