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Anne Aikman-Scalese

New gTLDs – ICANN Trademark Clearinghouse Goes Live

Complaints regarding inadequate protection for trademark owners will apparently not stop the Internet Corporation for Assigned Names and Numbers ("ICANN") from launching its new unlimited gTLD (generic Top Level Domain) program …more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Jeffrey Albright

FERC Denies Waiver Request by PNM and RETA for Changes to PNM's Transmission Queue

On September 20, 2012, the Federal Energy Regulatory Commission (FERC) denied requests by the Public Service Company of New Mexico (PNM) and the New Mexico Renewable Energy Transmission Authority (RETA) that would have allowed…more

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W. West Allen

Nevada Federal Court: The Next Best Place for Patent Litigation?

For over a decade, federal district courts have been adopting specialized local rules of practice for patent cases with varying degrees of success. Like the Federal Rules of Civil Procedure, the new local rules for patent cases…more

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Steve Bachmann

The America Invents Act - The What, The When and Making it Work for You

The Leahy-Smith America Invents Act ("AIA") was passed by Congress and signed into law in September 2011. The AIA represents the most significant change to U.S. patent law in over 50 years. Most significantly, the AIA aligns…more

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Emily Bayton

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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Matt Bingham

CBO Issues New Analysis of Carbon Tax

The nonpartisan Congressional Budget Office (CBO) released a report yesterday about the impact of a carbon tax on the U.S. economy and the environment. According to CBO's analysis, the overall economic effect of a carbon tax…more

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Dana Brody-Brown

'Bama Gridiron IP Epic Up On Appeal

Last month, the United States Court of Appeals for the 11th Circuit heard arguments on Appeal from a 2009 decision by the Northern District of Alabama in University of Alabama Board of Trustees v. New Life Art Inc. In the…more

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Stephanie Buntin

CrackBerry Crackdown: Trademark Board Not a Fan of Fan-Created Nickname

Everybody knows somebody who seems physically unable to peel his eyes away from his smart phone screen for longer than two seconds, regardless of his visibly offended dinner company or the swerving and honking of oncoming…more

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Emily S. Cates

How to Build a Healthy Workforce

There are risks and benefits to workplace wellness programs. Are employers who eliminate junk food from the break room, offer classes on how to quit smoking, and dispense free flu shots doing enough to combat rising…more

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Tim Clausen

Nevada Power Makes Second Attempt at PUC Approval of Three Renewable Energy PPAs

On October 21, 2011, Nevada Power Company ("NPC") re-filed its application requesting approval of the Public Utilities Commission of Nevada ("PUC" or "Commission") for power purchase agreements ("PPAs") for three renewable…more

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Howard Cole

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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Kenneth D'Alessandro

5 Common Intellectual Property Mistakes Made By Casinos (and Other Businesses)

Originally published in Northern Nevada Business Weekly. When it comes to intellectual property, casinos in general and Reno casinos in particular have much to protect. Yet surprisingly, casinos often fail in this area -…more

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Scott DeWald

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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Nathaniel Edwards

Who Owns Betty Boop?

As a follow-up to my colleague Linda Norcross’ excellent blog piece last week, I thought I would provide our blog readers with another entertaining read on the controversial “aesthetic functionality” doctrine of trademark law. …more

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Matthew H. Engle

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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Alastair Gamble

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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Abbe Goncharsky

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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Garrett Gordon

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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Alexandra Gormley

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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Todd Hale

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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Georgia Hamann

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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Gregory Y. Harris

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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Von Heinz

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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Nickolas Jensen

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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John Krieger

When the Best Defense is a Proactive Offense: Protecting Your Reputation on the Internet

Here’s the scenario: You’re a well-known athlete. You’ve worked hard to become the best in your game. You wake up one morning, grab your coffee, sit down at your computer and start to read the morning’s news. Much to your…more

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Erin Langenwalter

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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Adam Laxalt

For Nevada GOP Caucus, Lessons of '64 and '76 Don't Apply

Today, Nevada will host a crucial Republican presidential caucus. Which candidate should conservatives support to ensure the conservative movement and its principles continue to lead the Grand Old Party in 2013? In 1964,…more

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Darren Lemieux

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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Glenn J. Light

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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Scott MacTaggart

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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Donald G. Martin

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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Michael McCue

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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Kade D. Miller

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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Thomas Morgan

Raising Capital - What You Don’t Know Could Hurt You

Nine Common Myths about Private Offerings - A cash infusion is all that’s needed to fund the final stage of development for the next killer product and be first to market. From there, competitors will scatter to the…more

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Myles Morrison

A Checklist for Commercial Landlords: What to Do Before Tenants Default

Originally Published in Commercial Executive Magazine. The last few years have been a challenging time for commercial property owners in Arizona. According to CBRE MarketView, the metropolitan Phoenix retail vacancy rate…more

Commercial Leases, Default, Landlords, Tenants

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Linda Norcross

Your License and Registration, Please

Originally published in Casino Enterprise Management Magazine, June 2012. While a business owner certainly won’t receive a citation for failure to properly police its trademark rights, the ramifications can be far more…more

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Shane Olafson

Basic Guidelines for Protecting Company Trade Secrets

Under the Uniform Trade Secrets Act (UTSA), "trade secrets" are generally defined as confidential proprietary information that provides a competitive advantage or economic benefit…more

Confidential Information, Hiring & Firing, Information Sharing, Trade Secrets, Uniform Trade Secrets Acts

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Randy Papetti

CLIENT ALERT - Updating Federal Procedures for Removal and Venue: The Jurisdiction and Venue Clarification Act of 2011

For years, federal courts have clashed over the interpretation of procedures for removal, jurisdiction and venue. In a new law that took effect in January 2012, Congress resolved many of these disagreements and clarified…more

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Melanie Pate

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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Mark Patton

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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Tam Pham

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 »

Brian Pollock

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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Brent Rasmussen

CLS Bank v. Alice Corp.: Divided Federal Circuit Panel Evidences Fundamental Disagreement Over How to Determine Patent Eligibility Under Section 101

The topic of what constitutes patentable subject matter under section 101 of the Patent Act has received a lot of attention leading up to and following the Supreme Court's decision in Bilski v. Kappos, 130 S. Ct. 3218 (2010)…more

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E. Leif Reid

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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Karl F. Rutledge

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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Bruce Samuels

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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Lew Schorr

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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Mary Ellen Simonson

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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Colby Springer

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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Matthew Sweger

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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J. Henk Taylor

CLIENT ALERT: Adherence to 90-Day Rule Crucial For Lenders Seeking Deficiency Judgments

Filing Timely Lawsuit Protects Lenders When Arbitration Fails - Lenders holding loans secured by deeds of trust against real estate in Arizona are likely aware of their limited window of opportunity to seek a deficiency…more

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Caryn S. Tijsseling

How to Build a Healthy Workforce

There are risks and benefits to workplace wellness programs. Are employers who eliminate junk food from the break room, offer classes on how to quit smoking, and dispense free flu shots doing enough to combat rising…more

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Samantha Updegraff

Patent Drafting Secrets – Techniques and Templates

Patent Drafting Secrets – Techniques and Templates, a book co-authored by Lewis and Roca patent attorney Samantha A. Updegraff, is now available on amazon.com. Patent Drafting Secrets - Techniques and Templates was designed and…more

Cost-Containment, Inventors, Patents

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Cindy Villanueva

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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Dan Waite

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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Chantel Walker

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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Nikkya Williams

Luck of the Draw

Let me first say that I love football and I went to Stanford. But not when Stanford had good football teams, no, no. I went to Stanford when we were lucky to win 4 games in the season. So the recent, phenomenal success of…more

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Jeffrey Wutzke

CLIENT ALERT: Mandatory Disclosure of Past Energy Use when Selling, Leasing or Financing Property in California

California has instituted a new and unusual requirement that obligates virtually all commercial landowners to disclose a property’s past energy use to potential buyers, tenants and lenders. Any person or company owning property…more

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