Lewis Roca Rothgerber Christie LLP

.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, Funding, Government Shutdown, Sequestration, Sixth Amendment

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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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New Registration Requirements For New And Existing Associated Equipment Manufacturers And Distributors

Recent amendments to Regulation 14 mandate that manufacturers and distributors of associated equipment for use in Nevada are required to register with the Nevada Gaming Commission (“Commission”)…more

Distributors, Gaming Commissions, Manufacturers, Registration Requirement, Reporting Requirements

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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, Insurance Industry

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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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Recent Developments Concerning The Legality Of Daily Fantasy Sports In Texas, Vermont And Maryland

Texas - On Tuesday, January 19, 2016, Texas Attorney General Ken Paxton issued an advisory opinion that a Texas court would likely determine that participating in daily fantasy sports contests is illegal gambling under…more

Attorney Generals, Fantasy Sports, Illegal Gambling, Unlawful Internet Gambling Enforcement Act (UIGEA)

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Construction of two new 500 kV transmission lines extending from Lincoln County, New Mexico to Pinal County, Arizona

On February 3, 2016, the Arizona Corporation Commission (“Commission”) by a 3-2 vote issued a Certificate of Environmental Compatibility to SunZia Transmission, LLC to construct two new 500 kV transmission lines extending from…more

Bureau of Land Management, Environmental Review, Power Plants, Transmission Lines, 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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Patent Owners: Have an Infringement Claim? Time is (Still) of the Essence

The Federal Circuit’s recent decision in a case involving adult diapers serves as a reminder to act quickly and urgently when you believe you have a patent infringement claim. In an opinion released this month, SCA Hygiene v…more

Defense Strategies, En Banc Review, Laches, Patent Infringement, Patent Litigation

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Non-Apportioned Damages Awards Can Make Design Patents Highly Valuable

Companies should make design patents a key part of a company’s patent strategy due to the possibility for non-apportioned awards for design patent infringement. For companies manufacturing products in high volume, especially,…more

Apple, Apple v Samsung, Apportionment, Calculation of Damages, Design Patent

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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, Oil & Gas, Power Plants

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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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Recent Court Ruling Affects AZ Subcontractors and Suppliers

A recent decision from the Arizona Court of Appeals holds that preliminary 20-day notices served on bonded projects under the Little Miller Act (“LMA”), A.R.S. § 34-223(A), must be served by registered or certified mail. As a…more

Construction Industry, Little Miller Act (LMA), Mechanics Lien, Notice Requirements, Payment Bond Claims

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New U.S. EPA Rule Changes The Scope of Federal Clean Water Act Jurisdiction

On May 27, 2015, the United States Environmental Protection Agency and the Army Corps of Engineers released a Final Rule defining “Waters of the United States” under the Clean Water Act (the “CWA”). The new definition modifies…more

Clean Water Act, EPA, Federal Jurisdiction, Final Rules, Permits

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Are the San Diego Chargers Moving to Los Angeles?

The Chargers are still in San Diego, but is the team moving to Los Angeles? A clue to the organization’s intentions may be found in its trademark filings. On January 14, 2016, the team filed a trademark application for the…more

Intellectual Property Protection, Intent-to-Use, Likelihood of Confusion, NFL, Trademark Application

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Is Resale of Electricity at Electric Vehicle Charging Stations a Utility Service?

The New Hampshire Public Utilities Commission (NHPUC) recently directed its Staff to investigate the implications of the resale of electricity by electric vehicle charging stations. (Docket IR 15-510) New Hampshire has a…more

Charging Stations, Electric Vehicles, Electricity, Public Utilities Commission

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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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Construction of two new 500 kV transmission lines extending from Lincoln County, New Mexico to Pinal County, Arizona

On February 3, 2016, the Arizona Corporation Commission (“Commission”) by a 3-2 vote issued a Certificate of Environmental Compatibility to SunZia Transmission, LLC to construct two new 500 kV transmission lines extending from…more

Bureau of Land Management, Environmental Review, Power Plants, Transmission Lines, Utilities Sector

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.sucks Launch Delayed and Sunrise Registration Extended

The launch of the new gTLD .sucks has been delayed by the registry. This is potentially good news for trademark owners, who now have until June 18 at 5:00 pm PST to register .sucks domain names during the Sunrise registration…more

Domain Names, gTLD, Registration, Sunrise Periods, Trademark Clearinghouse

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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, Health Care Providers, 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, JOBS Act, Regulation A, SEC, Small Offering Exemptions

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Getting Tangled in the Web of a Hybrid Royalty Clause Part II: Supreme Court Re-affirms Brulotte Decision

In July of 2013, I wrote a blog post about the Ninth Circuit Court of Appeal’s decision in Kimble v. Marvel Entertainment LLC and its effect upon royalty provisions in hybrid IP license agreements. (...) By “hybrid” I am…more

Appeals, Brulotte, Counterclaims, IP License, Kimble v Marvel Enterprises

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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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Using Copyright Protection in Architectural Works to Police Unauthorized Photographs

Can I stop photographers from taking, displaying, and selling photographs of my building? The answer is, like the answer to so many other questions, maybe. This issue often arises in the context of photographers who license…more

Architecture, Copyright, License Agreements, Photographs, Private Property

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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

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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, Insurance Industry

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Recent Court Ruling Affects AZ Subcontractors and Suppliers

A recent decision from the Arizona Court of Appeals holds that preliminary 20-day notices served on bonded projects under the Little Miller Act (“LMA”), A.R.S. § 34-223(A), must be served by registered or certified mail. As a…more

Construction Industry, Little Miller Act (LMA), Mechanics Lien, Notice Requirements, Payment Bond Claims

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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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Recent Court Ruling Affects AZ Subcontractors and Suppliers

A recent decision from the Arizona Court of Appeals holds that preliminary 20-day notices served on bonded projects under the Little Miller Act (“LMA”), A.R.S. § 34-223(A), must be served by registered or certified mail. As a…more

Construction Industry, Little Miller Act (LMA), Mechanics Lien, Notice Requirements, Payment Bond Claims

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10th Circuit Court of Appeals Rejects Challenge to Colorado’s Renewable Energy Standard

A three-judge panel of the United States Court of Appeals for the 10th Circuit unanimously rejected a challenge to Colorado’s renewable-energy mandate today. The case, which was argued before the judges in January, centered…more

Appeals, Dormant Commerce Clause, Electricity, Energy Sector, Oil & Gas

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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 Senate Bill 266 Amends the Tax Imposed on Live Entertainment Pursuant to NRS Chapter 368A

Recently enrolled Nevada Senate Bill 266 makes sweeping changes to the tax on live entertainment in Nevada pursuant to NRS 368A. Under the newly enacted provisions, an excise tax is imposed on admission charges to facilities…more

Entertainment Industry, Gaming, Gaming Commissions, Gaming Tax, Live Entertainment Tax

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Canada Adopts the Nice Classification for Goods and Services

On September 28, 2015, the Canadian Intellectual Property Office (“CIPO”) began accepting trademark applications with goods and services classified according to the Nice Classification. This signals the first step in a…more

Canada, Canadian Intellectual Property Office, International Trademark Protection, Madrid Protocol, Proposed Amendments

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Typosquatting for Phone Numbers is not Infringement

Many Internet users today are familiar with the scam of “typosquatting” – which is when a company registers a domain name that is similar to a well-known domain name, and waits for people to inevitably make typos and get sent to…more

Dish Network, Infringement, Trademark Infringement, Trademark Litigation, 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

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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, Insurance Industry

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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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New Registration Requirements For New And Existing Associated Equipment Manufacturers And Distributors

Recent amendments to Regulation 14 mandate that manufacturers and distributors of associated equipment for use in Nevada are required to register with the Nevada Gaming Commission (“Commission”)…more

Distributors, Gaming Commissions, Manufacturers, Registration Requirement, Reporting Requirements

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Clean Power Plan Put on Hold

On Tuesday, February 9, 2016, the United States Supreme Court granted a stay preventing the Environmental Protection Agency from implementing its Clean Power Plan (“CPP), a controversial effort by the EPA to control greenhouse…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

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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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Is a New Standard for Enhanced Damages in Patent Infringement on the Horizon?

The Supreme Court of the United States has recently announced that they will be reviewing the standard for willful patent infringement in two cases currently on appeal from the Federal Circuit: Halo Electronics, Inc. v. Pulse…more

Burden of Proof, Halo v Pulse, Patent Infringement, Patents, SCOTUS

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Getting A Handle on Twitter

With over 300 million active users, Twitter has become one of the top social media platforms and an important communication tool for individuals and businesses alike. People flock to Twitter to “discover what’s happening in the…more

Social Media, Social Networks, Trademarks, Twitter

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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, 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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Smarter China Trademark Owners

If you do business in China, or advise clients who do business in China, and know anything about trademarks, you’ve likely heard that China is a first-to-file country. This means that registration is required to establish…more

Auto Manufacturers, China, First-to-File, Tesla, Trademark Application

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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 »

Recent Court Ruling Affects AZ Subcontractors and Suppliers

A recent decision from the Arizona Court of Appeals holds that preliminary 20-day notices served on bonded projects under the Little Miller Act (“LMA”), A.R.S. § 34-223(A), must be served by registered or certified mail. As a…more

Construction Industry, Little Miller Act (LMA), Mechanics Lien, Notice Requirements, Payment Bond Claims

See All Updates »

Recent Developments Concerning The Legality Of Daily Fantasy Sports In Texas, Vermont And Maryland

Texas - On Tuesday, January 19, 2016, Texas Attorney General Ken Paxton issued an advisory opinion that a Texas court would likely determine that participating in daily fantasy sports contests is illegal gambling under…more

Attorney Generals, Fantasy Sports, Illegal Gambling, Unlawful Internet Gambling Enforcement Act (UIGEA)

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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 Two of a Four-Part Series (Patent)

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

Food Manufacturers, Obviousness, Patents, Trade Secrets, USPTO

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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

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Who Controls the Water? The Answer is Now On Hold.

With due respect to Norman Maclean’s famous quote, environmental lawyers and the regulated public continue to be “haunted by waters.” The question of “who controls the water?” is raging throughout the nation, and is playing…more

Administrative Procedure Act, Clean Water Act, EPA, Federal Jurisdiction, Likelihood of Success

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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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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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EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts On August 3, the EPA released the final rule for the “Clean Power Plan.” Considerably different in many material ways…more

Carbon Emissions, Clean Power Plan, Emissions Trading System, Energy Efficiency, Energy Sector

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Is There No Room for a Queen of Beer?

Anheuser-Busch, LLC (“Anheuser-Busch”) is the leading brewer in the United States and holds about a 46% share of U.S. beer sales to retailers. It has been using its well-known KING OF BEERS trademark for over sixty years and…more

Anheuser-Busch, Beer, Likelihood of Confusion, Trademarks

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Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They know…more

Advertising, Athletes, Celebrity Endorsements, Commercial Use, Copyright

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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

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Criminal or Civil Liability for Sharing Streaming Accounts?

We are at the beginning of a new era of media consumption. Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the…more

Breach of Contract, Computer Fraud and Abuse Act, HBO, Hulu, Internet Streaming

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Software Patents: History and Strategies (Pt. II – Strategies)

Last week we posted part one of this article, which focuses on the history of patent protection for software. Today we post part two, focused on current strategies for obtaining software patents…more

Abstract Ideas, Claim Construction, Patent Applications, Software, USPTO

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Did the DMCA Hinder Researchers in Discovering VW’s Emissions Defeat Device?

By now, everyone has probably heard about the Volkswagen “emissions scandal” involving the company’s alleged use of software on its vehicles that evaded testing to pass emission standards. Amidst this, several articles and…more

Copyright, Copyright Infringement, DMCA, Exemptions, 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
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • Nevada
  • New Mexico
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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