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Attorney	Latest Publications
Sara J. Agne	Global Connection - May 2013: DOJ Investigation of a Media Company Shows that FCPA Is Best Viewed Broadly; Sting Operations Will Continue To Ensnare the Unwary The news this month that the FBI will continue to use sting operations to net Foreign Corrupt Practices Act (FCPA or the Act) violators only serves to emphasize that the FCPA is best viewed broadly. The net cast by the federal…more Bribery, DOJ, FBI, FCPA, Foreign Official	See All Updates »
Jonathan Allen	Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site Conditions On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn of…more Construction Site, Duty to Maintain, Duty to Warn, Governmental Immunity, Negligence	See All Updates »
Denise L. Atwood	New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance Portability…more Agents, Business Associates, Covered Entities, Data Breach, Data Protection	See All Updates »
John Baird	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Jeff E. Beck	SEC Update Final Rules on Compensation Committee Listing Standards - On June 20, 2012, the Securities and Exchange Commission (SEC) adopted Exchange Act Rule 10C-1 implementing listing standard requirements pursuant to Section 952 of…more Compensation Committee, Conflict Mineral Rules, Conflicts of Interest, Disclosure Requirements, Dodd-Frank	See All Updates »
Tiffany Brosnan	California’s Wage Orders: Landmines and Goldmines Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages and…more Class Action, Exempt-Employees, IWC, Misclassification, Non-Exempt Employees	See All Updates »
M. Lawrence Brown	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Laura Ellen Browning	Debt Recovery & Collection: USA Originally published in Lawyer-Monthly.com - Legal Focus, November 2012. Looking further into the issues surrounding debt recovery and collection, Lawyer Monthly turns its attention towards the US and speaks to Laura Ellen…more Creditors' Rights, Debt Settlement Services	See All Updates »
Wade R. Budge	Under Construction - December 2012 In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent…more Airspace, Construction Contracts, Construction Cranes, Construction Defects, Duty to Defend	See All Updates »
Manuel Cairo	New Form I-9 Has Arrived The Immigration Reform and Control Act of 1986 requires employers to verify the identity and employment authorization of all employees hired after November 6, 1986. To comply with that legal obligation, the Form I-9, Employment…more I-9, Immigration Reform, USCIS	See All Updates »
Nancy Campbell	Navigating Health Care Reform: Health Care Reform’s Large Employer Play or Pay Penalties: A Checklist for Employers Historically, employers have had complete discretion in deciding whether to offer group health plan coverage to their employees. If they offered coverage, they had to comply with the requirements of the Employee Retirement…more	See All Updates »
R. Shane Capps	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Greg M. Carpenter	California Foreclosure Update: New registration requirements for foreclosed properties may lead to penalties, fines for lenders Originally published in Western Real Estate Business, October 2012. The economic downturn has resulted in a record number of foreclosures in California. Many property owners have simply abandoned these foreclosed…more Abandoned Property, Foreclosure, Lenders, Local Ordinance, Nuisance	See All Updates »
Holly E. Cheong	Individualized Assessments for Criminal Background Checks What if the Equal Employment Opportunity Commission (EEOC) forced your company to defend a Title VII lawsuit based on a company-wide policy to not hire felons? Peoplemark, Inc. is dealing with this exact scenario in the Sixth…more Arrest and Conviction Records, Criminal Background Checks, Discrimination, EEOC, Title VII	See All Updates »
Lulu Chiu	“Plan B” for Rule 10b5-1 Plans? Companies and their executives who utilize “Rule 10b5-1 Plans” to reduce the risks from insider trading claims when trading in company securities should evaluate plan use given recent increased scrutiny by the media and…more Class Action, Investigations, Rule 10b-5, SEC	See All Updates »
Christopher P. Colyer	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Marc Currie	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Patricia J. Curtis	Nevada Supreme Court Rules on Broken Priority Issues Affecting Deeds of Trust The Nevada Supreme Court issued an important decision on the relative priority of deeds of trust and mechanics' liens in cases of "broken priority." In re: Fontainebleau Las Vegas Holdings, LLC, 128 Nev. Adv. Op. 53 (Oct. 25,…more	See All Updates »
Franc E. Del Fosse III	Lessons Learned in 2012 As one calendar year ends and the next begins, it is natural to look back to take an inventory of lessons learned and to look forward in an attempt to implement such lessons. The year 2012 certainly had its fair share of wisdom…more Board of Directors, Business Judgment Rule, Compensation Committee, Cyber Insurance, Cybersecurity	See All Updates »
John S. Delikanakis	Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been a…more Appeals, Assignments, Countrywide, Deutsche Bank, Document Productions	See All Updates »
Jennifer Dioguardi	The Consumer Financial Protection Bureau Finalizes the Ability-To-Repay and Qualified Mortgage Rule The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) amended the Truth in Lending Act (TILA) to provide for an expanded ability-to-repay requirement for the mortgage lending industry. The Consumer Financial…more Ability-to-Repay, Borrowers, CFPB, Damages, Lenders	See All Updates »
Michael Donahey	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Jason Ebe	Under Construction - March 2013: Tips for Presenting, Analyzing and Resolving Delay and Impact Claims Contractor and subcontractor claims seeking relief—time and often money—for impacts due to delay, acceleration, disruption and loss of productivity and/or efficiency are common, as are disputes arising from such claims that must…more Contractors, No-Damages-For-Delay Provisions, Subcontractors, Work Plans	See All Updates »
Stuart J. Einbinder	Under Construction - December 2012 In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent…more Airspace, Construction Contracts, Construction Cranes, Construction Defects, Duty to Defend	See All Updates »
Richard G. Erickson	Under Construction - December 2012 In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent…more Airspace, Construction Contracts, Construction Cranes, Construction Defects, Duty to Defend	See All Updates »
Marc Erpenbeck	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Robert Feinberg	Could Innocent Employers Go to Jail? Sex, Gender Identity and Phoenix’s New Criminal Ordinance Opponents of newly approved amendments to the city of Phoenix’s Human Relations Ordinance (the Ordinance) had worried that the amendments could result in criminal penalties for employers and others who might bar transgender…more Disability Discrimination, Discrimination, Gender Discrimination, Penalties, Sexual Orientation Discrimination	See All Updates »
Dan W. Goldfine	DOJ Unseals Indictment Against Online Sports Wagering Operators and Affiliates On April 10, 2013, the United States Department of Justice (DOJ) unsealed an indictment against 34 individuals and 23 companies for their involvement with online sports wagers. According to the indictment, Legendz Sports,…more DOJ, Indictments, Internet Gambling, Penalties, Sports	See All Updates »
Joshua Grabel	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Geoffrey Gunnerson	The IRS Modifies the Voluntary Classification Settlement Program On October 4, 2011, we reported on the Voluntary Classification Settlement Program (VCSP), a program in which the IRS permits employers to prospectively reclassify workers as employees in exchange for limited federal employment…more Independent Contractors, IRS, Misclassification, VCSP	See All Updates »
Barry D. Halpern	Broemmer v. Abortion Services of Phoenix, Ltd. - Arizona’s Curious Contribution to the Law of Contractual Arbitration By Barry D. Halpern & Sara J. Agne Originally published in Arizona Attorney - December 2012. October 2012 marked the 20th anniversary of the Arizona Supreme Court’s opinion in Broemmer v. Abortion Services of Phoenix, Ltd. In the two decades since Broemmer…more Arbitration, Mediation, Medical Malpractice	See All Updates »
Charles Hauff Jr.	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Richard Herold	The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims…more Appeals, Arbitration Agreements, Arbitrators, Breach of Contract, Construction Contracts	See All Updates »
Colin Higgins	California Scores Another Cap-and-Trade Victory The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of 2006”)…more Additionality, Cap-and-Trade, CARB, CARB Allowances, Carbon Off-Set Credits	See All Updates »
Thomas Hoeker	DOL Releases Fiduciary Tips for Selecting Target Date Funds In recent years, target date funds (TDFs) have become a popular investment option for many 401(k) plan participants. By investing in a mix of stocks, bonds and other investments, often through investments in other mutual funds,…more DOL, Fiduciary Duty, TDFs	See All Updates »
Kevin J. Hogan	DOL Releases Fiduciary Tips for Selecting Target Date Funds In recent years, target date funds (TDFs) have become a popular investment option for many 401(k) plan participants. By investing in a mix of stocks, bonds and other investments, often through investments in other mutual funds,…more DOL, Fiduciary Duty, TDFs	See All Updates »
Daniel Huitink	Global Connection - May 2013: Ninth Circuit Strikes Down $45 Million Class Action Settlement and Issues Warning About Use of Incentives Citing a conflict of interest between class representatives and a class, the Ninth Circuit Court of Appeals recently invalidated a $45 million class action settlement that had previously been approved by the district court. The…more Class Action, Conflicts of Interest, Credit Reporting Agencies, Credit Reports, Debt	See All Updates »
Kevin Jackson	Mitigating Theft of Trade Secrets In today’s complex global economy, competition is fierce. For many businesses, trade secrets are their single most important and valuable asset, and strong protection of that asset is paramount. In the same regard, trade secret…more Theft, Trade Secrets	See All Updates »
Brett W. Johnson	Under Construction - March 2013: The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs On March 1, 2013, President Obama signed the order directing “sequestration” to go into effect. As has been repeated constantly leading up to sequestration, $85 billion will now be cut from the federal government’s budget…more Contractors, False Claims Act, Federal Budget, Sequestration, Spending Cuts	See All Updates »
Ray C. Jones	Global Connection - May 2013: The Top Ten Things a 21st Century Exporter Should Know There are a myriad of things a U.S. company seeking to export will want to consider prior to entering the global marketplace, but, because I am a big David Letterman fan, and the fact that exporting has never been easier, I am…more Exports, Foreign Markets, Foreign Trade Zones, International Trade Agreements	See All Updates »
Ashley Kasarjian	Workplace Word - March 2013: Family and Medical Leave Act Amendments May Impact Company Policies Family and Medical Leave Act (FMLA) policies have been the subject of many changes over the past several years. The FMLA entitles an eligible employee to take up to 12 weeks (and in some situations 26 weeks) of unpaid leave…more DOL, FMLA, Military Caregiver Leave, Military Leave, NDAA	See All Updates »
William Kastin	Excluding 100% of Gain From the Sale of Qualified Small Business Stock Acquired in 2013 If you own a small business, it may be easier to raise money in 2013. This is because, among the favorable tax breaks included under the American Taxpayer Relief Act (the “2012 Act”), there is a temporary extension of the 100%…more Aggregate Gross Assets, Alternative Minimum Tax, American Taxpayer Relief Act, C-Corporation, Capital Gains	See All Updates »
Richard Katz	Global Connection - May 2013: Counterfeit Electronic Components in the Supply Chain—Avoiding and Coping with U.S. Customs Detention and Seizure On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic parts…more Counterfeiting, Customs, Customs and Border Protection, Detention, Grey Market	See All Updates »
Michelle Keogh	EEOC Priorities and Questions to Avoid in the Hiring Process On December 17, 2012, the EEOC approved its strategic enforcement plan for 2013-2016. Listed first among its national priorities is eliminating barriers in recruitment and hiring. Specifically, the EEOC stated that it will…more Criminal Background Checks, Discrimination, EEOC, Hiring & Firing, Recruitment Policies	See All Updates »
Kathryn Hackett King	Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and Disability After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender…more Disability, Disability Discrimination, Discrimination, Gender Discrimination, Gender Identity	See All Updates »
Eric Kintner	Trends to Watch in 2013: Physician-Owned Distributors Physician-owned distributors (PODs) that sell medical devices have seen substantial growth over the last few years as well as increased regulatory scrutiny. We expect both trends to continue in 2013. PODs are arrangements in…more Anti-Kickback Statute, Competition, Medical Devices, OIG, Physician-Owned Distributors	See All Updates »
Erin Denniston Leach	Protecting the Workforce from Violence Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles and…more ADA, Criminal Background Checks, Discrimination, Employee Assistance Programs, FCRA	See All Updates »
Stephanie Leach	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Michael Liburdi	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Carlene Lowry	The IRS Modifies the Voluntary Classification Settlement Program On October 4, 2011, we reported on the Voluntary Classification Settlement Program (VCSP), a program in which the IRS permits employers to prospectively reclassify workers as employees in exchange for limited federal employment…more Independent Contractors, IRS, Misclassification, VCSP	See All Updates »
Lindsey E. Martínez	Strategies for Fostering Productive Corporate Counsel Relationships in a Cross-Cultural Context Productive relationships between corporate and outside counsel are essential to efficient management of corporate legal matters. Effective communication is even more important when working with cross-cultural issues and language…more Corporate Counsel, Cross-Cultural Representation	See All Updates »
Karlene Martorana	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Richard McNeil	SCAQMD First in California to Regulate Hydraulic Fracturing The possible benefits (and possible burdens) of hydraulic fracturing (“fracking”) in California have received significant media attention lately. Much of this attention has focused on the exploitation of the Monterey Shale…more DOGGR, Fracking, Monterey Shale, Oil & Gas, SCAQMD	See All Updates »
Craig R. McPike	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Leon F. Mead II	Nevada Supreme Court Clarifies Lender v. Mechanics' Lien Priority Disputes On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics' liens, but left the door open to the potential…more	See All Updates »
Anne Meyer	Fiscal Cliff Legislation Expands In-Plan Roth Conversions for Qualified Plans On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “Act”), more commonly known as the fiscal cliff legislation. Among other things, the Act amended the tax code to remove some of…more 401k, American Taxpayer Relief Act, Fiscal Cliff, IRS, Retirement Plan	See All Updates »
Joseph M. Miller	Other NYSE/NASDAQ Developments Non-Executive Employment of Family Members No Longer Precludes Nomination of Non-Independent Directors under “Exceptional and Limited Circumstances” Until recently, a director of a NASDAQ-listed company could serve as an…more Compensation Committee, Directors, Disclosure Requirements, Nasdaq, NYSE	See All Updates »
Jim Mulligan	2013 Legislative Agenda: A Perspective Originally published in Law Week Colorado - Vol.11, No. 2 - January 14, 2013. ON JANUARY 9, the 2013 Colorado legislative session opened with a political party “trifecta” and many newly minted elected officials. The…more Legislative Agendas	See All Updates »
Eric Nielsen	Trademark Advice: Measure Twice, Cut Once — How to Avoid Unnecessary Legal Fees Originally published in Utah Business. Very seldom do companies intentionally adopt trademarks that are likely to cause confusion in the marketplace or intend to profit on the goodwill of other companies. Yet, even without…more Brand, Confusingly Similar, Inherently Distinctive, Legal Costs, Registration	See All Updates »
Mark D. Ohre	The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands…more Commercial Leases, Department of the Interior, Renewable Energy, Tribal Lands	See All Updates »
Harsh Parikh	Global Connection - May 2013: iGaming Update More than 25 years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality of gambling on tribal lands. The issue culminated in a landmark decision in the United State Supreme Court,…more DOJ, Gaming, Interstate Wire Act, Online Gaming, Proposed Legislation	See All Updates »
Seepan Parseghian	President Obama Issues Long-Awaited Cybersecurity Executive Order As President Obama delivered his fifth State of the Union speech to Congress on February 12, 2013, he simultaneously issued a highly anticipated Executive Order (“the Order”) focused on improving cybersecurity in the United…more Barack Obama, CISPA, Cyber Attacks, Cybersecurity, Cybersecurity Framework	See All Updates »
Patrick Paul	California Scores Another Cap-and-Trade Victory The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of 2006”)…more Additionality, Cap-and-Trade, CARB, CARB Allowances, Carbon Off-Set Credits	See All Updates »
Jennifer R. Phillips	Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants…more Attorney's Fees, Enforcement Actions, Mechanics Lien	See All Updates »
Nora R. Pincus	Under Construction - December 2012 In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent…more Airspace, Construction Contracts, Construction Cranes, Construction Defects, Duty to Defend	See All Updates »
Benjamin Reeves	The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims…more Appeals, Arbitration Agreements, Arbitrators, Breach of Contract, Construction Contracts	See All Updates »
Scott C. Sandberg	Under Construction - March 2013: Colorado Court of Appeals Rules that Contractors May Be Liable for Dangerous Site Conditions Before and After Work is Complete In Collard v. Vista Paving Corp., the Colorado Court of Appeals adopted the “foreseeability rule” under which a contractor may have a duty of care for dangerous site conditions even after the contractor’s work was completed and…more Contractors, Duty of Care, Foreseeability, Premises Liability, Safety Precautions	See All Updates »
Jim Scheinkman	“Plan B” for Rule 10b5-1 Plans? Companies and their executives who utilize “Rule 10b5-1 Plans” to reduce the risks from insider trading claims when trading in company securities should evaluate plan use given recent increased scrutiny by the media and…more Class Action, Investigations, Rule 10b-5, SEC	See All Updates »
Bahar Schippel	Excluding 100% of Gain From the Sale of Qualified Small Business Stock Acquired in 2013 If you own a small business, it may be easier to raise money in 2013. This is because, among the favorable tax breaks included under the American Taxpayer Relief Act (the “2012 Act”), there is a temporary extension of the 100%…more Aggregate Gross Assets, Alternative Minimum Tax, American Taxpayer Relief Act, C-Corporation, Capital Gains	See All Updates »
Joshua Schneiderman	Corporate Communicator - Spring 2013: California’s New LLC Act Adds Confusion and Effects Little Change On January 1, 2014, the California Revised Uniform Limited Liability Company Act (the RULLCA) will take effect. The RULLCA replaces the Beverly-Killea Limited Liability Company Act, California’s current law governing limited…more RULLCA	See All Updates »
Jeffrey A. Scudder	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Sean Sherlock	California Scores Another Cap-and-Trade Victory The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of 2006”)…more Additionality, Cap-and-Trade, CARB, CARB Allowances, Carbon Off-Set Credits	See All Updates »
James J. Sienicki	Under Construction - March 2013: Tips for Presenting, Analyzing and Resolving Delay and Impact Claims Contractor and subcontractor claims seeking relief—time and often money—for impacts due to delay, acceleration, disruption and loss of productivity and/or efficiency are common, as are disputes arising from such claims that must…more Contractors, No-Damages-For-Delay Provisions, Subcontractors, Work Plans	See All Updates »
Jeffrey M. Singletary	Under Construction - December 2012 In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent…more Airspace, Construction Contracts, Construction Cranes, Construction Defects, Duty to Defend	See All Updates »
Nicole Sornsin	Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants…more Attorney's Fees, Enforcement Actions, Mechanics Lien	See All Updates »
Heidi McNeil Staudenmaier	Global Connection - May 2013: iGaming Update More than 25 years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality of gambling on tribal lands. The issue culminated in a landmark decision in the United State Supreme Court,…more DOJ, Gaming, Interstate Wire Act, Online Gaming, Proposed Legislation	See All Updates »
L. William Staudenmaier	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Michael Strand	Proper consideration: 10 points to cover in a lease’s letter of intent Originally published in the Colorado Real Estate Journal - February 20, 2013 – March 5, 2013. Too often, prospective landlords and tenants give scant attention to the letter of intent stage of their negotiations. The…more Landlords, Leases, Letters of Intent, Tenants	See All Updates »
Mary-Christine ("M.C.") Sungaila	Under Construction - March 2013: California Supreme Court Case Sets New Standards for Expert Testimony It is common for experts to testify in civil cases in California. In construction and engineering cases, in particular, testimony by experts is often the critical factor in success or failure. Despite the importance of expert…more Daubert Standards, Evidence, Expert Testimony	See All Updates »
James M. Susa	The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands…more Commercial Leases, Department of the Interior, Renewable Energy, Tribal Lands	See All Updates »
Marvin S. ("Bucky") Swift, Jr.	The IRS Releases Revised Retirement Plan Correction Program On New Year’s Eve, the IRS issued its long-awaited update to the Employee Plans Compliance Resolution System (EPCRS) in Revenue Procedure 2013-12. The EPCRS is an important IRS program that plan sponsors use to correct…more Benefit Plan Sponsors, EPCRS, Retirement Plan, Voluntary Correction Program	See All Updates »
Lyndsey A. Tadlock	Young Lawyers: Avoid Falling into Ethical Holes Originally published in Commercial & Business Litigation, American Bar Association Section of Litigation, Fall 2012, Vol. 14 No. 1 - Ethics. Young lawyers face new and unfamiliar pressures — meeting billing requirements,…more Ethics, Model Rules of Professional Conduct	See All Updates »
Alison Tashima	Nevada Supreme Court Clarifies Lender v. Mechanics' Lien Priority Disputes On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics' liens, but left the door open to the potential…more	See All Updates »
Timothy Toohey	California Supreme Court Rules That Song-Beverly Act Does Not Apply To On-Line Transactions A little over a year ago, the United States District Court for the Central District of California ruled that California’s Song-Beverly Act (the Act), which prohibits collection of “personal identification information” in…more Apple, Credit Cards, Electronically Downloaded Products, Internet Retailers, iTunes	See All Updates »
Joseph Yoshimitsu Viola	Doing Business In Arizona - A Legal Guide Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education - Government -…more Business Ownership	See All Updates »
Elizabeth M. Weldon	Strategies for Fostering Productive Corporate Counsel Relationships in a Cross-Cultural Context Productive relationships between corporate and outside counsel are essential to efficient management of corporate legal matters. Effective communication is even more important when working with cross-cultural issues and language…more Corporate Counsel, Cross-Cultural Representation	See All Updates »
Rebecca Winterscheidt	Global Connection - May 2013 International trade is critical to our global economy and importers and exporters should stay apprised of new developments, restrictions and potential pitfalls to ensure they remain in compliance with a myriad of laws and…more	See All Updates »
Joshua Woodard	Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and Disability After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender…more Disability, Disability Discrimination, Discrimination, Gender Discrimination, Gender Identity	See All Updates »
Joyce K. Wright	The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands…more Commercial Leases, Department of the Interior, Renewable Energy, Tribal Lands	See All Updates »
Stephen B. Yoken	Nevada Supreme Court Rules on Broken Priority Issues Affecting Deeds of Trust The Nevada Supreme Court issued an important decision on the relative priority of deeds of trust and mechanics' liens in cases of "broken priority." In re: Fontainebleau Las Vegas Holdings, LLC, 128 Nev. Adv. Op. 53 (Oct. 25,…more	See All Updates »
Mark Ziemba	The IRS Modifies the Voluntary Classification Settlement Program On October 4, 2011, we reported on the Voluntary Classification Settlement Program (VCSP), a program in which the IRS permits employers to prospectively reclassify workers as employees in exchange for limited federal employment…more Independent Contractors, IRS, Misclassification, VCSP	See All Updates »

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