Lewis Roca Rothgerber

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

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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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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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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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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Update on EPA’s Proposed “Waters of the U.S.” Rule

As we highlighted here a couple of months ago, the Environmental Protection Agency (EPA) released a proposed rule in March that could significantly expand the scope of the federal government’s jurisdiction under the Clean Water…more

Clean Water Act, Environmental Policies, EPA, US Army Corps of Engineers, Water

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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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TTAB Signaling Scrutiny of Bona Fide Intent

On June 12, 2013, the Trademark Trial and Appeal Board (TTAB) granted two motions for summary judgment based on lack of Applicant’s bona fide intent. In the first of these decisions, Pacific Poultry Company, Limited v…more

Intent, Summary Judgment, Trademark Trial and Appeal Board, Trademarks

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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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“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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Dawn of the Dead Trademarks

When you think of Cinderella, do you automatically picture the beloved Disney princess with the golden locks and light blue dress, accompanied by a loyal band of talking cartoon mice? If so, you might agree with the Trademark…more

Trademark Litigation, Trademark Trial and Appeal Board, Trademarks

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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 1 of 2 Part Series

We live in an energy age. From our homes to our cars to the electronic devices we depend on, we have become an increasingly energy dependent society. The effects of our energy demand and consumption have become equally…more

Churches, Energy Projects, Religious Institutions, Solar Energy, Tax Credits

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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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Nevada Finalizing Electric Rate Incentives to Attract New Businesses

Nevada Power Company (“Nevada Power”) and Sierra Pacific Power Company (“Sierra”) are seeking final approval from the Public Utilities Commission of Nevada (“PUCN”) to offer an Economic Development Rate Rider (“Rate Rider”) as…more

Economic Development, Energy, Incentives, Utilities Sector

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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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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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Colorado PUC Sides with Colorado Natural Gas, Inc. and Grants 10.95% ROE in Rate Case

On October 16, 2013, the Colorado Public Utilities Commission (CPUC) upheld the September 3, 2013 decision by an Administrative Law Judge that approved a $3.8 million rate increase for Colorado Natural Gas, Inc. (CNG) in a…more

CPUC, Energy, Natural Gas

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New Supreme Court Ruling On EPA Authority Over GHGs – Little Clarification on the 111(d) Regulations

Last week, the United States Supreme Court issued a significant decision in Utility Air Regulatory Group v. EPA, that substantially restricts the authority of the U.S. Environmental Protection Agency (EPA) to regulate greenhouse…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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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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More Questions than Answers after Official Roll-out of “Clean Power Plan”

As discussed earlier in this blog, on June 2, 2014, the U.S. Environmental Protection Agency released a prepublication copy of its “Clean Power Plan,” or proposed rules regulating greenhouse gas emissions from certain existing…more

Carbon Emissions, Clean Air Act, Clean Power Plan, Energy, Energy Efficiency

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Don’t Be Confused: The Washington Football Team Still Owns Rights in the REDSKINS Trademark

The Washington Redskins football team (“Washington”) recently appealed the cancellation of its federal registrations for its REDSKINS trademarks to the Federal District Court for the Eastern District of Virginia. When the…more

Redskins, Sports, 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 "Accredited Investor" Question

Has the time come to license investors? Regulators are often called upon to draw regulatory lines. In my experience as a former regulator (some would argue I never left, though it’s been almost 16 years), when called upon to…more

Accredited Investors, Investors, SEC

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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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Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied upon…more

Barnes and Noble, Browsewrap Agreement, Internet, Terms and Conditions, Websites

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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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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 - 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 »

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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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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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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Poor Quality is No Defense to Trademark Infringement

On May 31, 2013, the U.S. District Court in the Northern District of Indiana ruled in favor of Plaintiffs Coach, Inc. and Coach Services, Inc. ("Coach") and against Defendants The Treasure Box, Heather Hiatt and Michael Hiatt on…more

Affirmative Defenses, Counterfeiting, Infringement, Trademarks

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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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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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Use as a verb not always the kiss of death for trademarks: Elliot v. Google

Use of a trademark as a verb is an oft-cited example of trademarks becoming generic, and frequently used as an easy case of “genericide” by legal textbook authors (not to mention legal bloggers). The owners of famous trademarks…more

Genericide, Google, Photoshop, Trademarks

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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

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

See All Updates »

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

See All Updates »

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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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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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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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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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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Will Fracking Recipes Remain Secret?

Wyoming was first in the nation with requiring oilfield service companies to submit the ingredients in fracking fluids to a governmental agency – the Wyoming Oil and Gas Conservation Commission (Commission). In the interest of…more

Fracking, Oil & Gas, Public Records, Trade Secrets

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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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Combined Heat and Power Poised for Big Growth

Combined Heat and Power, also referred to as CHP or cogeneration, represents a fantastic opportunity to gain energy efficiency, reduce emissions, promote resiliency, and further a host of sustainability initiatives. In the…more

Energy, Energy Efficiency, Utilities 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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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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Could Your Client’s Choice Of Service Provider Jeopardize The Attorney-Client Privilege?

Most of us realize that we give up a certain amount of privacy when we use Gmail or other providers that serve ads based on the contents of our email messages. But we probably aren’t in the habit of reading our service…more

Attorney-Client Privilege, Data Protection, Email, Ethics, Young Lawyers

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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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Trademark Assignments: Keeping it Valid

After a trademark achieves federal registration, ownership of the mark may change hands for a variety of reasons. When a trademark owner transfers their ownership in a particular mark to someone else, it is called an assignment…more

Assignments, Goodwill, Intangible Property, IP Assignment Agreements, Trademarks

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3 Trademark Tips for Entrepreneurs

If you’re just launching a new business, there are a few things you need to consider before getting too far along in the name game. Sure, you may have come up with what may well be the most brilliant brand in existence. Ever…more

Entrepreneurs, Registration, Trademarks, USPTO

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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

See All Updates »

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 »

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

See All Updates »

The Orphan and the Unknown Soldier

As noted in various outlets in the past few days, museums in the UK are drawing the public’s attention to the problem of orphan works and the need for copyright reform to address the problem. Orphan works are copyrighted…more

Copyright, Museums, Orphan Works, UK

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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 »

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

See All Updates »

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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Demystifying Patent Terminology: Five Easily Misunderstood Words and Phrases

To those who dabble in patent law only occasionally, doing so can feel as disorienting as walking into a wild jungle. And with good reason—patent law’s unique terminology makes it ripe with opportunities for miscommunication…more

Patents, Prior Art, Provisional Applications

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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 »

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

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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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

See All Updates »

Patent Rights in Government Contracts

Patents are often a company’s most important asset. Thus, when a company is contracting with the federal government, that company needs to proceed with caution to avoid loss of patent rights. Government contracts can cover…more

Architects, Business Assets, Construction Contracts, Construction Industry, Design-Build

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Goodfellas Actor Files Suit Over a Character from The Simpsons: The Limitations on Rights of Publicity Claims

On October 21, 2014, Frank Sivero, an actor who played Frankie Carbone in Goodfellas, filed a $250 million lawsuit against Fox and Abram Groening, the co-creator of The Simpsons, claiming that the wiseguy “Louie” character on…more

Fox Television Stations, Infringement, Popular, Right of Publicity, The Simpsons

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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

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 »

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 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 »

Felications On The Anniversary Of Your Natal Date

How many times have you sung “Happy Birthday” in your life? Or heard it sung? Now, have you ever wondered whether you (or the hundreds of millions of other people who sing the song) are infringing someone’s copyright in the…more

Copyright, Infringement, Music, Public Domain, The Copyright Act

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

100+ Attorneys

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