Snell & Wilmer

Contact
Share
Info
One East Washington Street
Suite 2700
Phoenix, Arizona 85004, United States
Phone: 602.382.6000
Fax: 602.382.6070
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Military Law
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Idaho
  • Nevada
  • New Mexico
  • Oregon
  • Utah
  • Washington
Other Countries
  • Mexico
Number of Attorneys
400+ Attorneys

Hunstein v. Preferred Collection & Management Services, Inc.— Eleventh Circuit Panel Doubles Down Pending En Banc Rehearing Petition

In an unusual move, an Eleventh Circuit panel doubled down on its prior, industry-disrupting decision that a debt collector may violate the Fair Debt Collection Practices Act (“FDCPA”) by transmitting private information to a…more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Personal Information

See all updates »

United States Attorney’s Offices Announce Innovative Voluntary Self-Disclosure Programs for Individuals

Last year, on February 22, 2023, the Department of Justice (DOJ) announced a corporate Voluntary Self-Disclosure (VSD) policy, which is applicable to all U.S. Attorney’s Offices, setting nationwide incentives for voluntary…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement, Financial Institutions, Fraud

See all updates »

A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium

The Center for Disease Control and Prevention (the “CDC”) and the Department of Health and Human Services (the “HHS”) has issued an order to temporarily halt a landlord’s right to evict certain residential tenants to prevent the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Eviction, Landlords

See all updates »

Phoenix City Council Amends Lobbying Ordinance to Allow Enforcement

The Phoenix City Council recently voted to amend the City’s lobbying ordinance in an attempt to reinforce registration regulations and enhance enforcement penalties. This amendment signals important changes for those paid to try…more

Disclosure Requirements, Electronic Filing, Government Officials, Lobbying, Lobbyists

See all updates »

G7 Commits to Tackling Antitrust Concerns Posed by AI Technologies

Following a summit in Japan, the Group of Seven (“G7”) Competition Authorities and Policymakers issued a statement on November 8, 2023, that expressed a commitment to proactively address antitrust issues that could arise as new…more

Acquisitions, Antitrust Investigations, Artificial Intelligence, Blockchain, Federal Trade Commission (FTC)

See all updates »

Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife…more

Center for Biological Diversity, Environmental Impact Report (EIR), Environmental Policies, Forest Service, Mining

See all updates »

Corporate Communicator - Spring 2022

On March 9, 2022, the Securities and Exchange Commission (“SEC”) proposed amendments to its rules to enhance and standardize cybersecurity disclosures. The proposed amendments would require: (1) disclosure of cybersecurity…more

Cyber Incident Reporting, Cybersecurity, Proposed Amendments, Proposed Rules, Risk Management

See all updates »

Unions Don’t Always Get Their "Dues"

In McDonald v. Fidelity & Deposit Company of Maryland, 2020 UT 11, the Utah Supreme Court recently shed additional light on what is and what is not recoverable under the public payment bond statute, Utah Code Ann. §…more

Construction Industry, Payment Bonds, Unions, UT Supreme Court

See all updates »

SEC Awards Record Payout of Nearly $50 Million to Whistleblower

On June 4, the Securities and Exchange Commission (“SEC”) announced a nearly $50 million whistleblower award to an individual who provided detailed, firsthand observations of misconduct by a company, which resulted in a…more

Corporate Misconduct, Securities and Exchange Commission (SEC), Securities Violations, Whistleblower Awards, Whistleblowers

See all updates »

Senate Bill 165: Transferable Tax Credits for Film Industry

The film industry is a very exciting business and requires the involvement of many individuals and entities to complete a production. Bringing a commercial or full-feature film to millions of viewers is dependent upon the…more

Film Tax Credits, Movies, New Legislation

See all updates »

New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands

On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and geologic…more

Bureau of Land Management, Carbon Capture and Sequestration, Federal Land, FLPMA, Public Land

See all updates »

H-1B Lottery Registration - New Process

United States Citizenship and Immigration Service (USCIS) has implemented a new process for the annual H-1B lottery. Employers wishing to file H-1B cap-subject petitions with a start date of October 1, 2020, must first submit a…more

Filing Deadlines, Filing Fees, Foreign Nationals, Foreign Workers, H-1B

See all updates »

On a Collision Course: How Domain Name Collision Could be Your Biggest Security Threat

We are barely a month into 2014 and one of the news stories that is likely to be most memorable for the year is the Target security breach that resulted in upwards of 70 million customers’ personal information being disclosed…more

Cybersecurity, Data Breach, Data Protection, Data Theft, Domain Names

See all updates »

Understanding the New Reporting Obligations Under the Corporate Transparency Act

With 2024 almost upon us, this means that for millions of companies across the United States, new compliance requirements under the Corporate Transparency Act (“CTA”) are about to take effect. In fact, the Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Criminal Penalties, FinCEN, Fines

See all updates »

Kirschner v. JP Morgan – Second Circuit Decision

On August 24, 2023, the U.S. Court of Appeals for the Second Circuit rendered its decision in Marc S. Kirschner v. JP Morgan Chase Bank, N.A., et al. At issue in the case was whether promissory notes issued in connection with a…more

Appeals, Blue Sky Laws, JPMorgan Chase, Misrepresentation, Omissions

See all updates »

Blue Pencils Down: The Recent Delaware Non-Compete Case Trifecta

Over the past six months, the Delaware Court of Chancery has issued a series of decisions narrowing the scope of permissible non-compete agreements, while declining to “blue pencil” those provisions to render them enforceable…more

Acquisitions, DE Supreme Court, Delaware, Enforcement Actions, Mergers

See all updates »

High Court's Clear and Loud Voice on Forum-Selection Clauses: Enforce Them

Last Tuesday, the U.S. Supreme Court unanimously held, in Atlantic Marine Construction Co. v. United States Dist. Ct., et al., No.-12-929 (December 3, 2013), that district courts must give valid forum-selection clauses…more

Enforcement, Forum, Forum Selection, SCOTUS

See all updates »

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 »

“CEQA-in-Reverse” Case Headed for the California Supreme Court

“CEQA-in-Reverse” - Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California…more

CEQA, Contractors, Environmental Impact Report (EIR), Environmental Policies, Land Developers

See all updates »

California 2023 Construction Law Highlights

SB 674 High Roads Jobs-Transportation - This bill would establish the High “Road Jobs in Transportation – Related Public Contracts” to support the creation of equitable high-quality transportation and related manufacturing…more

Americans with Disabilities Act (ADA), California, Carbon Emissions, Compliance, Construction Industry

See all updates »

2023 End of Year Plan Sponsor “To Do” List (Part 4) Executive Compensation

As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our To Do Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan…more

10b5-1 Plans, Benefit Plan Sponsors, Clawbacks, Consumer Protection Act, Deferred Compensation

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

In California, It’s Time to Revisit Your "Pay-When-Paid" Contract Clause

In California, the "pay-when-paid" contract language typically found in general contractor’s subcontractor agreement may no longer be enforceable. A contract provision requiring a subcontractor to wait until the general…more

Construction Contracts, Contractors, Pay When Paid, Payment Bonds, Subcontractors

See all updates »

Looming Contractual Limitations Periods May Impact Policyholders’ Ability to Seek Business Interruption Insurance Coverage for Coronavirus-Related Losses

Despite a massive public relations campaign by insurers and some early decisions against coverage, the pendulum is starting to swing toward coverage for COVID-19 business income losses. Increasing rulings for coverage in…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry, Property Damage

See all updates »

Kirschner v. JP Morgan – Second Circuit Decision

On August 24, 2023, the U.S. Court of Appeals for the Second Circuit rendered its decision in Marc S. Kirschner v. JP Morgan Chase Bank, N.A., et al. At issue in the case was whether promissory notes issued in connection with a…more

Appeals, Blue Sky Laws, JPMorgan Chase, Misrepresentation, Omissions

See all updates »

COVID-19 as a Force Majeure and the Doctrines of Commercial Frustration, Impossibility and Impracticability: When Available and Avoiding Unintended Consequences

As the novel Coronavirus (“COVID-19”) pandemic progresses, many businesses are exploring their ability to excuse performance under their existing commercial leases and other contracts. Businesses also should consider how certain…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

See all updates »

Protecting Net Operating Losses and Monitoring Stockholder Accumulation

It is not uncommon for a corporation to have net operating losses ("NOLs") that may be carried forward from year-to-year, and may be used to offset the corporation’s taxable income in future years. A corporation’s ability to…more

Business Ownership, Corporate Taxes, Net Operating Losses, Regulatory Standards, Reporting Requirements

See all updates »

Nevada Recognizes the Ability of Non-Signatories to Compel Arbitration

In a recent case of first impression in Nevada, the Nevada Supreme Court found en banc that a nonsignatory to an arbitration agreement may compel another nonsignatory to arbitrate..…more

Arbitration, Arbitration Agreements, Nevada, Non-Signatories

See all updates »

Bloomberg Seeks Market Feedback Regarding Potential Cessation of BSBY

In a statement issued on September 13, 2023, Bloomberg Index Services Limited (“BISL”) announced that it is seeking feedback from lending market participants on a proposal to cease the publication of all or certain tenors of the…more

Bloomberg Inc., Interest Rates, Libor

See all updates »

Opening Statement: Our Members Share Their Secrets for Success

Two of my recent columns in Litigation— “Five Traits of the Best Lawyers I Know” (Fall 2013) and “Fourteen Tips to Make You a Better Litigator” (Spring 2014)— invited Section members to share your own practical tips for success…more

Professional Development, Trial Plan, Young Lawyers

See all updates »

Understanding the New Reporting Obligations Under the Corporate Transparency Act

With 2024 almost upon us, this means that for millions of companies across the United States, new compliance requirements under the Corporate Transparency Act (“CTA”) are about to take effect. In fact, the Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Criminal Penalties, FinCEN, Fines

See all updates »

Under Construction - September 2017

Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we…more

Attorney's Fees, Breach of Warranty, Change Orders, Construction Contracts, Construction Industry

See all updates »

Federal Circuit Erases Juno’s $1 Billion Judgment by Invalidating Patent for Inadequate Written Description

The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s written…more

Corporate Counsel, Patent Infringement, Patent Invalidity, Patent Litigation, Patents

See all updates »

Bloomberg Seeks Market Feedback Regarding Potential Cessation of BSBY

In a statement issued on September 13, 2023, Bloomberg Index Services Limited (“BISL”) announced that it is seeking feedback from lending market participants on a proposal to cease the publication of all or certain tenors of the…more

Bloomberg Inc., Interest Rates, Libor

See all updates »

Under Construction - June 2017

Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to the…more

Breach of Contract, CO Supreme Court, Construction Contracts, Construction Industry, Design-Build

See all updates »

New Landlords Should Not Ignore Arizona’s Requirement To Register With The County Assessor’s Office

With ongoing price volatility in Arizona’s residential real estate market, homeowners may be tempted to become recreational landlords. Anyone considering renting their home, however, should be aware that Arizona law requires…more

County Assessors, Landlords, Registration Requirement, Rental Property, Residential Real Estate Market

See all updates »

Supreme Court Determines Section 106(a) of the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

On June 15, 2023, the United States Supreme Court held that “the Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.”1 In other words, Native American…more

Abrogation, Bankruptcy Code, Debtors, Native American Issues, SCOTUS

See all updates »

A 2023 Water Update for Arizona Contractors and Developers

This summer, as many in the Valley of the Sun have dealt with a remarkably hot summer, developers and contractors were left wondering about the state of the local water supply and what it means for the construction industry in…more

Arizona, Contractors, Groundwater, Land Developers, Water

See all updates »

Energizing Transmission Construction in the Electric Industry

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big…more

See all updates »

Albuquerque Town Hall Scheduled to Discuss Oil and Gas Drilling

For the second year in a row, New Mexico has surpassed its previous record for oil and gas production. The uptick in operations means increased jobs, a boost to the state’s economy and the availability of additional funds for…more

Energy Sector, Land Developers, Local Ordinance, Oil & Gas, Regulatory Agenda

See all updates »

General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender

Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that its…more

Construction Contracts, Construction Industry, Deed of Trust, Foreclosure, General Contractors

See all updates »

California Raises Minimum Wage – Again

California employers, prepare for another state-wide minimum wage hike. Starting January 1, 2024, all California employers, regardless of size, must pay a minimum wage of at least $16 per hour. The increase came as a…more

Audits, California, Department of Finance, Minimum Wage, State Labor Laws

See all updates »

Under Construction - March 2016

Welcome to the first edition of our Under Construction newsletter for 2016. Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the…more

Construction Contracts, Construction Defects, Construction Industry, Contract Drafting, Contract Negotiations

See all updates »

2023: The Year Pay Transparency Becomes a Much Bigger Deal

The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer…more

Bureau of Industry and Security (BIS), EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay Act, Job Ads

See all updates »

P3 101— Is Your Local Legal Team Ready to Help on a P3 Project?

For many U.S. construction businesses, the term “P3” may conjure images of “the big catch”—much discussed but rarely seen, at least not at your fishing hole. While the public-private partnership model has long been used in…more

Due Diligence, Public Private Partnerships (P3s)

See all updates »

Delaware Supreme Court Holds That Fraud is Insurable

In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware law…more

Breach of Duty, Class Action, Corporate Counsel, D&O Insurance, DE Supreme Court

See all updates »

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 »

Checking In On The PRO Act

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress. With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act. Some of the most significant…more

ABC Test, Arbitration, Employee Definition, Independent Contractors, NLRA

See all updates »

A Robust and Diverse Water Portfolio Enables Arizona to Meet the Challenges Ahead

Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs.  These resources include groundwater, in-state surface water, Colorado River water, long-term…more

Arizona, Climate Change, Drought, Groundwater, Groundwater Management Plan

See all updates »

Real Estate Development Basics: Focus on Northern Nevada

Attention to land use and zoning matters should be considered early in the real estate development process. Projects may require relief in the form of a master plan amendment, rezoning, special or conditional use permit,…more

Construction Industry, County Planning Commissions, Multi-Family Development, Multi-Family Housing, Nevada

See all updates »

Utah Passes Artificial Intelligence Legislation

Utah is among the first in the nation to pass legislation aimed at regulating the burgeoning field of artificial intelligence (AI). The bill (SB0149), known as the Artificial Intelligence Policy Act, was signed by Governor Cox…more

Artificial Intelligence, Disclosure Requirements, New Legislation

See all updates »

Government Acquisition Council Provides Preview of Vaccine Mandate Clause for Federal Contractors

Late yesterday, the Civilian Agency Acquisition Council (CAAC) released guidance prescribing a class deviation from the Federal Acquisition Regulations (FAR) in order to implement President Biden’s vaccine mandate for certain…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Executive Orders, Federal Acquisition Regulations (FAR)

See all updates »

2023 End of Year Plan Sponsor “To Do” List (Part 4) Executive Compensation

As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our To Do Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan…more

10b5-1 Plans, Benefit Plan Sponsors, Clawbacks, Consumer Protection Act, Deferred Compensation

See all updates »

Nevada Supreme Court Clarifies Application of the Anti-Speculation Doctrine to Water Permit Extension Requests

In Nevada, water is a public resource, meaning no person or entity can hold ownership title, but at most can enjoy the right to beneficial use. A party who wishes to appropriate water must apply for a permit from the State…more

CO Supreme Court, Due Diligence, Good Faith, NV Supreme Court, Permits

See all updates »

Under Construction - March 2018

Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company. We start this issue with an article providing some practical solutions to common legal…more

Airspace, Commercial Use, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

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 »

Louisiana Bans Prop Bets for Betting Integrity and Athlete Safety

Just before the University of Connecticut’s and the University of South Carolina’s wins in March Madness, Louisiana issued a major change to college sports betting. Starting August 1, 2024, Louisiana’s Gaming Control Board…more

College Athletes, Colleges, Louisiana, NCAA, Sports Betting

See all updates »

Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717

California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the…more

Alter Ego, Attorney's Fees, Breach of Contract, Civil Code, Prevailing Party

See all updates »

FTC Proposes Ground-Breaking Rule Banning Non-Compete Clauses in Employment Contracts Nationwide

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses within…more

Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act

See all updates »

U.S. Supreme Court Reinforces Property Owners' Rights to Excess Sales Proceeds After the Sale of Seized Land

On May 25, 2023, the United States Supreme Court, in Tyler v. Hennepin County, Minnesota, et al., reaffirmed the general principle that a creditor that has seized property to satisfy a debt is not entitled to the remaining…more

Excessive Fines Clause, Property Owners, Property Tax, SCOTUS, Takings Clause

See all updates »

Delaware Confirms Officers, Not Just Directors, Owe Corporate Oversight Duties

The Delaware Court of Chancery recently issued a decision clarifying that officers, not just directors, owe oversights duties to the corporation. Vice Chancellor Laster found that Caremark-type obligations extended to a former…more

Corporate Officers, Delaware, Directors, Diversity and Inclusion Standards (D&I), Employee Training

See all updates »

The Department of Justice Is Building a Data Security Protection and Enforcement Program

In response to President Biden’s Executive Order authorizing increased data privacy measures, Assistant Attorney General (AAG) Matthew G. Olsen announced that the National Security Division of the Department of Justice (DOJ) is…more

Algorithms, Artificial Intelligence, Biden Administration, Compliance, Data Breach

See all updates »

Effective April 1, 2022: Tucson, Arizona’s Minimum Wage Ordinance

It’s not an April Fools’ Day joke – tomorrow, Tucson’s Minimum Wage Act (the “Act”), also known as Proposition 206, takes effect. The Act increases the minimum wage to $13.00 per hour for all employees (full-time, part-time,…more

Arizona, Independent Contractors, Minimum Wage, State Labor Laws, Wage and Hour

See all updates »

A Glimmer of Hope for Condominium Developers

On September 26, 2013, the House of Representatives took a major step in simplifying the sale and lease process for condominium developments, voting 410/0 in favor of H.R. 2600, introduced by New York Republican Congresswoman,…more

Condominiums, Disclosure Requirements, Housing Developers, ILSA, Leases

See all updates »

Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion requirements…more

Administrative Remedies, Americans with Disabilities Act (ADA), Department of Transportation (DOT), Discrimination, Equal Employment Opportunity Commission (EEOC)

See all updates »

Taking the Off Ramp: IRS Opens Limited Program To Return Wrongly Received Employee Retention Credits

The IRS continues to evaluate and process Employee Retention Credit (“ERC”) claims with a focus on inaccurate and ineligible filings. Among its efforts to police the ERC program, the IRS announced a new initiative that permits…more

Employee Retention, IRS, Self-Disclosure Requirements, Tax Credits, Voluntary Disclosure

See all updates »

Colorado Homebuilders May Face Increased Claims Under the Colorado Consumer Protection Act - New Legislation Seeks to Eliminate “Significant Public Impact” Requirement

A new proposed bill has the potential to significantly impact the viability of consumer protection claims brought against Colorado homebuilders. Consumer protection claims brought by homebuyers against homebuilders in Colorado…more

Colorado, Consumer Protection Act, Contract Terms, Contractors, Damages

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

The SEC Continues to Impose Fines and Other Penalties on Companies Based Solely on the Content of Their Standard Corporate Documents

In August 2016, we highlighted that companies may want to review the content of their standard severance agreements, settlement agreements, confidentiality agreements and similar documents in light of an unprecedented…more

Confidentiality Agreements, Department of Labor (DOL), Employment Contract, Equal Employment Opportunity Commission (EEOC), Non-Disparagement Provisions

See all updates »

Green Cars: Reducing Range Anxiety and Increasing Incentives

The “green car” market is growing. Tesla may lead the way in luxury, but almost all auto manufacturers are investing significantly in plug-in electric vehicles (EV(s)). Policy, law, and regulation must change as the EV market…more

Automotive Industry, Charging Stations, Electric Vehicles, Federal Highway Administration, Green Cars

See all updates »

Arizona Supreme Court Rejects Unforeseeable HOA Amendments

In Maarten Kalway v. Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners' association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions,…more

Appeals, AZ Supreme Court, Declaratory Judgments, Homeowners Association (HOA), Proposed Amendments

See all updates »

States Challenge EPA’s COVID-19 Enforcement Policy

In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement…more

Administrative Procedure Act, Coronavirus/COVID-19, Department of Environmental Quality, Enforcement Actions, Environmental Protection Agency (EPA)

See all updates »

2023 End of Year Plan Sponsor “To Do” List (Part 4) Executive Compensation

As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our To Do Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan…more

10b5-1 Plans, Benefit Plan Sponsors, Clawbacks, Consumer Protection Act, Deferred Compensation

See all updates »

Cybersecurity Disclosures: A 2018 Priority For Public Companies

Dear clients and friends, For this edition of the Corporate Communicator, we summarize key considerations of an interpretative release from the SEC about the SEC’s views on companies’ disclosure obligations relating to…more

Cybersecurity, Data Breach, Data Protection, Disclosure Requirements, Guidance Update

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Nationwide Injunction Halts Enforcement of DOL Regulation on Overtime Pay

Last week, a federal judge from the United States District Court for the Eastern District of Texas entered a nationwide preliminary injunction prohibiting the U.S. Department of Labor (“DOL”) from implementing updates to the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time, Preliminary Injunctions

See all updates »

United States Announces Largest Round of Sanctions Since the Start of Russia’s War in Ukraine

The U.S. Government recently announced the largest round of sanctions against the Russian Federation (Russia) since the invasion of Ukraine two years ago. This multi-agency effort enacted over 500 sanctions against foreign…more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, EU, Executive Orders

See all updates »

Cybersecurity Disclosures: A 2018 Priority For Public Companies

Dear clients and friends, For this edition of the Corporate Communicator, we summarize key considerations of an interpretative release from the SEC about the SEC’s views on companies’ disclosure obligations relating to…more

Cybersecurity, Data Breach, Data Protection, Disclosure Requirements, Guidance Update

See all updates »

Supreme Court Stays OSHA Vaccination Mandate

In a 6-3 decision issued very soon after the January 7, 2022 oral argument last Friday, the U.S. Supreme Court yesterday reversed the U.S. Court of Appeals for the Sixth Circuit, and reinstated the stay of enforcement against…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues

See all updates »

Amendments to Rights of Federally Funded Inventions and Government Owned Inventions

On April 13, 2018, a final rule was published in the Federal Register adopting proposed rule changes from the National Institute of Standards and Technology (“NIST”)…more

Bayh-Dole Act, Electronic Reporting, Federal Contractors, Federal Funding, Inventions

See all updates »

Legitimate Survival Tactic or Exploitative Business Behavior

From personal protective equipment (PPE) and ventilators to simple consumer goods like toilet paper, hand sanitizer, and cleaning products, shortages caused by COVID-19 have driven up prices for these items and many more. State…more

Coronavirus/COVID-19, Personal Protective Equipment, Price Gouging, Price Inflation, Sherman Act

See all updates »

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 »

Nevada Foreclosure Law Changes

The Nevada Legislature recently passed amendments to the Nevada Revised Statutes (NRS) that appear to be intended to ease the nonjudicial foreclosure process for lenders and provide meaningful disclosure of what borrowers need…more

Affidavits, Amended Legislation, Borrowers, Foreclosure, Trustees

See all updates »

FERC Seeks Over $508 Million to Accomplish 2023 Strategic Priorities

Monday, the Federal Energy Regulatory Commission (“FERC”) submitted its Fiscal Year 2023 Congressional Justification. This document, which is submitted annually, consolidates the Annual Performance Plan with the Performance…more

Budgets, Electricity, Energy Sector, Environmental Justice, FERC

See all updates »

Organizations Receiving or Administering Federal Funds Should Prepare for Supreme Court’s Ruling on Using Race as a Plus Factor

The U.S. Supreme Court shortly will decide two cases, Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. and Students for fair Admissions Inc. v. University of…more

Civil Rights Act, Equal Protection, Federal Funding, SCOTUS, Students for Fair Admissions v Harvard College

See all updates »

Applications Open for $200 Million COVID-19 Telehealth Program

As a follow up to our legal alert posted on April 7, 2020, the Federal Communications Commission ("FCC") announced that it is accepting applications for its $200 million COVID-19 Telehealth Program as of April 13, 2020. As a…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Emergency Response

See all updates »

Nevada OSHA Adopts New, Punitive ''Severe Violators Enforcement Program''

Federal OSHA (“Fed OSHA”) has long had a Severe Violators Enforcement Program (“SVEP”), intended to target employers who demonstrate “indifference to their OSH Act obligations by willful, repeated, or failure-to-abate…more

Citations, Nevada, OSHA, Penalties, Severe Violators Enforcement Program (SVEP)

See all updates »

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the federals…more

Apex Doctrine, Attorney-Client Privilege, Burden of Proof, Depositions, Discovery

See all updates »

SEC Awards Record Payout of Nearly $50 Million to Whistleblower

On June 4, the Securities and Exchange Commission (“SEC”) announced a nearly $50 million whistleblower award to an individual who provided detailed, firsthand observations of misconduct by a company, which resulted in a…more

Corporate Misconduct, Securities and Exchange Commission (SEC), Securities Violations, Whistleblower Awards, Whistleblowers

See all updates »

Global Connection - January 2018

Dear Friend of Snell & Wilmer: The past year brought significant changes across a variety of political, legal, and policy spheres, and the world of U.S. international trade law was no exception. This edition of the…more

Cross-Border Transactions, Cuba, Department of Justice (DOJ), Economic Sanctions, Embargo

See all updates »

Nevada Recognizes the Ability of Non-Signatories to Compel Arbitration

In a recent case of first impression in Nevada, the Nevada Supreme Court found en banc that a nonsignatory to an arbitration agreement may compel another nonsignatory to arbitrate..…more

Arbitration, Arbitration Agreements, Nevada, Non-Signatories

See all updates »

DOE Seeks Input on How to Spend $2.5 billion on Transmission Projects

On May 6, 2022, the Department of Energy issued a notice of DOE’s intent to implement the Transmission Facilitation Program (TFP) and to request input regarding the solicitation and qualification process for TFP funding. The…more

Department of Energy (DOE), Energy Projects, Energy Sector, Power Grid

See all updates »

Nevada To Implement New Solar Workforce Requirements

Changes are coming soon to Nevada’s solar workforce. This could have a seismic impact on Nevada solar companies, as Nevada leads the nation in solar industry jobs on a per capita basis. Under current law, independent…more

Contractors, Independent Contractors, Licenses, Misclassification, Nevada

See all updates »

White House Issues Executive Order on Improving Nation’s Cybersecurity

Last week, the White House issued a new Executive Order (the “EO” or “Order”) on cybersecurity. The EO responds to ever-increasing malicious cyber campaigns threatening the public and private sectors and the American people’s…more

Biden Administration, Cybersecurity, DFARS, Executive Orders, Federal Acquisition Regulations (FAR)

See all updates »

Colorado Eschews “No Set of Facts” and Embraces the Federal Iqbal/Twombly Pleading Standard in Warne v. Hall

In 2007, the United States Supreme Court applied a new, stricter standard to motions to dismiss, and extended and further explained that standard in 2009. While some state courts have followed suit, others have reaffirmed the…more

CO Supreme Court, Motion to Dismiss, Rules of Civil Procedure, Tortious Interference, Twombly/Iqbal Pleading Standard

See all updates »

Mechanics’ and Materialmen’s Liens: Tips for Arizona Contractors and Owners

Arizona contractors have a powerful tool to ensure payment: the mechanics’ and materialmen’s lien. This article provides actionable suggestions and tips that contractors and owners may want to consider…more

Compliance, Contractors, Mechanics Lien, Property Owners

See all updates »

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 »

Does Everyone Need a South Dakota Trust?

South Dakota trusts have been around for years, but recently they have been brought to the attention of individuals outside of the estate planning community. Bloomberg recently ran an article, Little Tax Haven on the Prairie by…more

Estate Tax, Tax Haven, Trust Income

See all updates »

Am I Still Covered Under the Title Insurance Policy?

When transferring property for corporate restructuring or estate planning purposes, an important issue to consider is whether the successor owner will be covered by the grantee’s title insurance policy. Because title insurance…more

Corporate Restructuring, Estate Planning, Policy Terms, Succession Planning, Successor Liability

See all updates »

Krueger v. Experian, et al. – Sixth Circuit Explores Bounds of Concreteness and Traceability in the Wake of TransUnion LLC v. Ramirez

Exploring the bounds of concreteness and traceability following the Supreme Court’s landmark decision in TransUnion LLC v. Ramirez, the Sixth Circuit in Krueger v. Experian, et al. recently reversed a grant of summary judgment…more

Article III, Experian, Fair Credit Reporting Act (FCRA), Reversal, SCOTUS

See all updates »

The Utah Legislature Chooses “All of the Above” for a Reliable Electric Grid

During the recent General Session, the Utah Legislature enacted several major energy bills which confirm the State’s continued investment in, and support of, both conventional and renewable energy sources. The Legislature…more

Electric Generation Suppliers, Electricity, Energy Policy, Energy Projects, Energy Sector

See all updates »

Employees in California Get a Bump in Paid Sick Leave

On October 4, 2023, Governor Gavin Newsom approved Senate Bill No. 616 (SB 616), which significantly increases the amount of paid sick leave required under California’s existing paid sick leave law. Under existing law,…more

California, Collective Bargaining Agreements (CBA), Employee Handbooks, Employees, Employment Policies

See all updates »

Want to Get the Most Out of Your Contract? Use It!

Many an initial construction dispute attorney-client conference sounds like this: Client: “I have a contract dispute with my [owner/design professional/contractor/subcontractor].” Attorney: “Ok, what does your contract say?”…more

Arbitration, Attorney-Client Privilege, Construction Contracts, Contract Disputes, Contract Terms

See all updates »

Hospital and Healthcare Company Ransomware Attacks Increasing During COVID-19 Pandemic

On April 4, 2020, Interpol issued a warning to hospitals and healthcare companies at the forefront of the COVID-19 pandemic that cybercriminals are targeting them with ransomware attacks. Cybercriminals are using ransomware…more

Coronavirus/COVID-19, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Protection

See all updates »

Property Owned by Non-Indians and Located on Tribal Land Is Subject to Property Tax

Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership or…more

Appeals, AZ Supreme Court, Commercial Leases, Economic Development, Indian Reorganization Act

See all updates »

Nevada’s Department of Employment, Training, and Rehabilitation Pursues Unemployment Insurance Tax Increase for January 2022

On October 6, Nevada’s Department of Employment, Training, and Rehabilitation (“DETR”) published an official notice of a statutorily mandated workshop resulting from its proposal to increase Unemployment Insurance (“UI”) taxes…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Governor Sisolak, Income Taxes, Nevada

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

2024 Labor & Employment Law Updates for the Construction Industry

The New Year often means new labor and employment laws for the construction industry, 2024 is no exception. Federal agencies have been especially active. The Federal Acquisition Regulatory Council, the National Labor Relations…more

Collective Bargaining Agreements (CBA), Construction Industry, Department of Labor (DOL), Federal Acquisition Regulations (FAR), Independent Contractors

See all updates »

Is Your Construction Mediator Really a Neutral Who’s Neutral?

At Harvard University’s Kennedy School of Government, they teach an Executive Education course called Negotiation Strategies upon an adage, among others, that negotiation is the art of letting the other side have it your way…more

Dispute Resolution, Mediation, Mediators, Negotiations, Third-Party

See all updates »

Not All Face Masks Are Created Equal: What Employers Should Know Before Distributing Dust Masks or Respirators in the Workplace

Employers considering whether to distribute any type of face mask in the workplace should know the potential occupational safety and health implications. OSHA’s respiratory protection standard, 29 C.F.R. § 1910.134, governs…more

Employer Liability Issues, Masks, OSHA, Workplace Safety

See all updates »

Five Land Banking Lessons Learned During the 2008 Great Recession

Land banking was one of the hardest hit industries during the 2008 Great Recession. As the housing and financial markets declined drastically, many homebuilders terminated their option agreements with the land bankers and walked…more

Coronavirus/COVID-19, Great Recession, Housing Market, Lenders, Liens

See all updates »

Federal Reserve Expands Main Street Lending Program; New Affiliate Rules May Impact Some Borrowers

On April 30, the U.S. Federal Reserve provided updated terms for the $600 billion Main Street Lending Program (Main Street Program), which will now operate through three facilities: the Main Street New Loan Facility (MSNLF), the…more

Borrowers, EBITDA, Federal Reserve, Lenders, Libor

See all updates »

Writ of Certiorari Denied in Oracle v. Google: Software Declaring Code, Including Structure, Sequence, and Organization Remains Protectable as Copyright

On June 29, 2015, the U.S. Supreme Court denied Google, Inc.’s petition for writ of certiorari, leaving intact the Federal Circuit’s holding that Oracle’s Java API software, and particularly the API declaring source code, is…more

Appeals, Copyright, Copyright Infringement, Copyrightable Subject Matter, Oracle v Google

See all updates »

Supreme Court Uproots Current PTAB Practice by Quashing Partial Decisions

On April 24, 2018, in SAS Institute, Inc. v. Iancu, the Supreme Court held that the Patent Trial and Appeal Board (“PTAB”) must decide the validity of every patent claim challenged when it undertakes inter partes review under…more

Administrative Proceedings, America Invents Act, Constitutional Challenges, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

See all updates »

What’s Up Dox?

On April 28, Arizona Governor Doug Ducey signed House Bill 2502 into law, making Arizona the latest state to criminalize “doxing.” Doxing means intentionally revealing another person’s contact information online with the goal…more

Arizona, Data Protection, Governor Ducey, Harassment, Personal Data

See all updates »

Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration when negotiating a real estate contract. Liquidated…more

Commercial Real Estate Contracts, Damages, Good Faith, Liquidated Damages, Penalties

See all updates »

Arizona Governor Doug Ducey Issues Executive Order Allowing Elective Surgeries

On Wednesday, April 22, Arizona Governor Doug Ducey signed Executive Order 2020-32, announcing that certain hospitals, dental offices and other healthcare facilities (each, a “Healthcare Facility”) will be able to resume…more

Coronavirus/COVID-19, Elective Surgical Procedures, Executive Orders, Exemptions, Governor Ducey

See all updates »

The Department of Justice Is Building a Data Security Protection and Enforcement Program

In response to President Biden’s Executive Order authorizing increased data privacy measures, Assistant Attorney General (AAG) Matthew G. Olsen announced that the National Security Division of the Department of Justice (DOJ) is…more

Algorithms, Artificial Intelligence, Biden Administration, Compliance, Data Breach

See all updates »

USPTO Update: Distinguishing Between Prophetic and Working Examples

On July 1, the U.S. Patent & Trademark Office (USPTO) issued guidance reminding applicants to distinguish between prophetic examples and working examples. Prophetic examples describe reasonably anticipated results on experiments…more

New Guidance, Patent Applications, Patents, USPTO

See all updates »

HHS Establishes Certification Requirements for Artificial Intelligence and Machine Learning Software Developers

As the impact of artificial intelligence on various sectors of the U.S. economy grew in 2023, so did the involvement of regulators and policymakers. One of the most recent — and substantive — regulatory standards is the 916-page…more

Artificial Intelligence, Certification Requirements, Department of Health and Human Services (HHS), Healthcare, Healthcare Reform

See all updates »

Delaware Bankruptcy Court Provides Guidance on the Scope of The Automatic Stay

On December 3, 2020, the United States Bankruptcy Court for the District of Delaware entered an opinion in In re Extraction Oil & Gas, Inc., Case No. 20-11548 (CSS), holding that two entities (the “State Court Plaintiffs”)…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Debtors, Non-Debtors

See all updates »

Colorado Legislature Passes Sweeping Oil and Gas Reform

Members of the Colorado State Senate, on a strictly party-line vote, approved amendments to SB-181 made by the State House. SB-181 will now make its way to the Governor’s desk, where it is all but certain to be signed into law…more

Energy Reform, Energy Sector, Mineral Rights, Oil & Gas, Pending Legislation

See all updates »

Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to only…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

See all updates »

SCOTUS to Consider USPTO’s Attorneys’ Fees Policy

On Monday, the Supreme Court of the United States granted certiorari in Iancu v. NantKwest to resolve a circuit split concerning “expenses” a patent applicant must pay when challenging the United States Patent and Trademark…more

35 U.S.C. § 145, Administrative Proceedings, American Rule, Attorney's Fees, Certiorari

See all updates »

An Ounce of Prevention - Strategic Outside General Counsel Solutions

All businesses (big and small) face legal issues every day ranging from the urgent (a lawsuit was just filed against the company), to the routine (a customer marked-up our form contract), to the mundane (where do we put our…more

Contract Disputes, Corporate Governance, Human Resources Professionals, Outside Counsel, Privately Held Corporations

See all updates »

Small Business Administration Issues Rule Requiring Formal Veteran-Owned Small Business Certification for Federal Contract Set Asides

On November 28, the Small Business Administration (SBA) finalized a rule that requires veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs) to obtain formal SBA certification to…more

Certifications, Department of Justice (DOJ), Department of Veterans Affairs, New Rules, Policies and Procedures

See all updates »

Taxpayer Cybersecurity – Step 5: Create a Data Theft Recovery Plan

The Security Summit, consisting of the Internal Revenue Service (“IRS”), state tax agencies, and private-sector tax industry officials, is encouraging tax professionals during the 2019 summer season to take some time to assess…more

Cyber Crimes, Cybersecurity, Data Breach, Data Privacy, Data Protection

See all updates »

COVID-19: Mexico's Phase Two

In response to the COVID-19 pandemic, on March 24, 2020, the Mexican Government declared that Mexico is on Phase 2 Community Transmission of COVID-19. This means that the virus began to spread internally. In this Phase, the…more

Business Continuity Plans, Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Mexico

See all updates »

Outsourcing of Personnel in Mexico: Scrapped. General Considerations

In our prior publication, we discussed an omnibus bill presented by Mexico’s President to Congress in November 2020. The bill proposed abolishing outsourcing of personnel in Mexico. Since then, the bill has now been discussed,…more

Due Diligence, Executive Branch, Income Taxes, Mexico, Outsourcing

See all updates »

Home of the Free, Land of the Waive? Patent Waivers in the Time of COVID-19

Over a year after the world shut down from the COVID-19 pandemic, many countries are beginning to see the light at the end of the tunnel that is a return to normalcy. Unfortunately, other countries are still deep in the throes…more

Compulsory Licenses, Coronavirus/COVID-19, India, Patent Infringement, Patents

See all updates »

COVID-19 Stimulus Bill Includes Small Business Loan Programs

Today, March 27, the United States House of Representatives passed the “Coronavirus Aid, Recovery and Economic Security Act” or the “CARES Act” (Act), which previously passed the United States Senate on March 25 and was signed…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, SBA Lending Programs

See all updates »

Outsourcing of Personnel in Mexico: Scrapped. General Considerations

In our prior publication, we discussed an omnibus bill presented by Mexico’s President to Congress in November 2020. The bill proposed abolishing outsourcing of personnel in Mexico. Since then, the bill has now been discussed,…more

Due Diligence, Executive Branch, Income Taxes, Mexico, Outsourcing

See all updates »

Under Construction - December 2017

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the…more

Commercial General Liability Policies, Construction Contracts, Construction Industry, Construction Project, Deadlines

See all updates »

Contractors on Private Works Now Liable for Unpaid Wages Owed by its Subcontractors

California enacted Assembly Bill 1701 on October 14, 2017, which adds section 218.7 to the California Labor Code. It applies to contracts entered into after January 1, 2018 for private construction projects…more

Construction Industry, Construction Project, Subcontractors, Unpaid Wages, Wage and Hour

See all updates »

SAMHSA Issues Final Rule Modernizing Confidentiality Requirements for Patients Receiving Substance Use Disorder Treatment

Last month, the U.S. Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a Final Rule updating the Confidentiality of Alcohol and Drug Abuse Patient…more

Confidential Information, Department of Health and Human Services (HHS), Disclosure Requirements, Drug & Alcohol Abuse, Final Rules

See all updates »

United States Announces Largest Round of Sanctions Since the Start of Russia’s War in Ukraine

The U.S. Government recently announced the largest round of sanctions against the Russian Federation (Russia) since the invasion of Ukraine two years ago. This multi-agency effort enacted over 500 sanctions against foreign…more

Bureau of Industry and Security (BIS), Due Diligence, Economic Sanctions, EU, Executive Orders

See all updates »

Residential Eviction Protections Under the CARES ACT – What Landlords and Tenants May Need to Know About Eviction Actions

As part of the federal government’s response to the COVID-19 pandemic, the Coronavirus, Aid, Relief and Economic Security Act (CARES Act) established a 120-day eviction moratorium for evictions based on non-payment of rent for…more

CARES Act, Coronavirus/COVID-19, Eviction, Fannie Mae, Freddie Mac

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Certain Information Statements for ISOs and ESPPs Due by January 31, 2024

As reported in Part 4 of our 2022 End of Year Plan Sponsor “To Do” List, Section 6039 of the Internal Revenue Code (the “Code”) requires employers to provide a written information statement to each employee or former employee…more

Deadlines, Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, Internal Revenue Code (IRC)

See all updates »

Yates Memorandum: Rosenstein Announces Easier Path for Companies to Receive Cooperation Credit

In a speech delivered on November 29, 2018, Deputy Attorney General Rod Rosenstein announced changes to the Justice Manual regarding cooperation credit for companies facing criminal and civil investigations.1 These changes limit…more

Corporate Crimes, Corporate Investigations, Criminal Prosecution, Department of Justice (DOJ), Government Investigations

See all updates »

Hot Topics in Utility Regulation and the Spread Option Offense (Yes, American Football Can Be an Analogy for Anything)

In the 1980s, legendary head coach Joe Gibbs for the Washington D.C. franchise was tortured about how to deal with ferocious pass-rushing force and elite outside linebacker Lawrence Taylor for the New York Giants (#2 overall…more

Electricity, Infrastructure, Net Metering, New Merchant Transmission Projects, Public Utilities Commission

See all updates »

United States Attorney’s Offices Announce Innovative Voluntary Self-Disclosure Programs for Individuals

Last year, on February 22, 2023, the Department of Justice (DOJ) announced a corporate Voluntary Self-Disclosure (VSD) policy, which is applicable to all U.S. Attorney’s Offices, setting nationwide incentives for voluntary…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement, Financial Institutions, Fraud

See all updates »

Supreme Court Ruling Encourages Courts to Award Attorney's Fees

Have you ever wished you could make the abusive party on the other side of your patent suit pay for your attorney's fees? The U.S. Supreme Court has made your wish a reality. Recent U.S. Supreme Court precedent has made it…more

Attorney's Fees, Highmark v. Allcare, Non-Practicing Entities, Octane Fitness v. ICON, Patent Infringement

See all updates »

HHS Establishes Certification Requirements for Artificial Intelligence and Machine Learning Software Developers

As the impact of artificial intelligence on various sectors of the U.S. economy grew in 2023, so did the involvement of regulators and policymakers. One of the most recent — and substantive — regulatory standards is the 916-page…more

Artificial Intelligence, Certification Requirements, Department of Health and Human Services (HHS), Healthcare, Healthcare Reform

See all updates »

10 Key Points of the Lummis-Gillibrand Crypto Bill

On June 7, Senator Cynthia Lummis (R-WY) and Senator Kirsten Gillibrand (D-NY) unveiled the long-awaited 69-page draft of the Lummis-Gillibrand Responsible Financial Innovation Act (“Act”). The Act is meant to create a…more

CFTC, Commodities, Commodity Exchange Act (CEA), Cryptocurrency, Decentralized Finance (DeFi)

See all updates »

SEC Expands Accredited Investor Definition

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) adopted changes to expand its longstanding definition of “accredited investor.” The changes are the culmination of efforts by the SEC that began with its…more

Accredited Investors, Federal Register, Limited Liability Company (LLC), Regulation D, Rural Business Investment Companies (RBICs)

See all updates »

Utah Division of Water Rights Announces New Tool to Track Status of Change Applications

On June 22, 2020, the Utah Division of Water Rights (also referred to as the State Engineer’s Office) released a new tool to assist with tracking permanent water right change applications. Change applications propose…more

Applications, Environmental Policies, Natural Resources, Water, Water Rights

See all updates »

WOTUS Redefined: The New Definition of Waters of the United States

On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point…more

Clean Water Act, Environmental Protection Agency (EPA), Federal Jurisdiction, Navigable Waters, Trump Administration

See all updates »

From Seed to Study Subject: New Draft Guidance From the FDA and Four Takeaways for Using Cannabis in Clinical Trials

Earlier this week, the U.S. Food and Drug Administration (FDA) released draft guidance on the use of cannabis and cannabis-derived compounds in clinical research. This guidance represents an important step towards normalizing…more

Cannabidiol (CBD) oil, Cannabis Products, Clinical Trials, Controlled Substances Act, DEA

See all updates »

Corporate Communicator - 2018 Annual Meeting Season

Dear clients and friends, We present our traditional year-end issue of Snell & Wilmer’s Corporate Communicator to help you prepare for the upcoming annual report and proxy season. This issue highlights SEC reporting and…more

C&DIs, Conflict Mineral Rules, Corporate Governance, Disclosure Requirements, Dodd-Frank

See all updates »

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the federals…more

Apex Doctrine, Attorney-Client Privilege, Burden of Proof, Depositions, Discovery

See all updates »

Governor Sisolak Announces End of COVID-19 Eviction and Foreclosure Moratorium

The COVID-19 pandemic has devastated much of Nevada’s economy. In order to provide some relief to Nevada residents and businesses, on March 29, 2020, Governor Sisolak issued Declaration of Emergency Directive 008 (“Directive…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Governor Sisolak

See all updates »

Global Connection - June 2015

The latest edition of Global Connection offers insight into a potential money laundering crackdown in the real estate sector, information on the Federal Trade Commission’s approach to data breach investigations and a legal alert…more

Corporate Taxes, Data Breach, Federal Trade Commission (FTC), Filing Requirements, FinCEN

See all updates »

California Increases the Contractor’s License Bond Requirement

The California Legislature recently enacted Senate Bill 467, increasing the license bond requirement from $12,500 to $15,000 for California contractors, effective January 1, 2016. Contractor’s license bonds generally exist to…more

Bonds, Contractor's License, Contractor's State License Board, General Contractors

See all updates »

Supreme Court Grants Certiorari to Decide if PTAB Judges Are Constitutional

Are PTAB judges constitutional? This week the Supreme Court granted certiorari to answer this question. In Arthrex v. Smith & Nephew, the Federal Circuit considered whether the appointment of administrative patent judges…more

Administrative Patent Judges, Appeals, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Certiorari

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

The Corporate Transparency Act is Deemed Unconstitutional: Small Business Advocacy Group Wins Challenge in Alabama

A U.S. District Court in Alabama issued a major setback to efforts to detect and combat terrorism, money laundering, and other misconduct through small business entities. On March 1, 2024, the Northern District of Alabama issued…more

Alabama, Corporate Transparency Act, Filing Deadlines, FinCEN, NSBA

See all updates »

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase

In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of…more

Anti-Alienation Provisions, Appeals, AZ Supreme Court, Commercial Property Owners, Local Ordinance

See all updates »

New Small Business Reorganization Act May Provide Easier Bankruptcy Relief for Many Small Businesses Impacted by COVID-19

By happenstance, on February 19, 2020, soon after the first case of the COVID-19 virus (the “Virus”) was confirmed in the United States, the Small Business Reorganization Act (“SBRA”) became available as a form of debt relief…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

See all updates »

Corporate Communicator - 2017 Annual Meeting Season

Dear clients and friends, We present our traditional year-end issue of Snell & Wilmer’s Corporate Communicator to help you prepare for the upcoming annual report and proxy season. This issue highlights SEC reporting and…more

Blue Sky Laws, Board of Directors, Bylaws, Clawbacks, Conflict Mineral Rules

See all updates »

SBA to Require Franchisors Be Listed on Franchise Directory for Franchisees to Be Eligible for SBA Financing

Effective January 1, 2018, the U.S. Small Business Administration (SBA) will only process loans to fund the acquisition and development of new franchises if the franchisor is listed on the SBA’s new Franchise Directory…more

Eligibility, Franchise Agreements, Franchises, SBA, SBA Lending Programs

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

SaaS Remains Subject to TPT in Arizona

By Geoffrey L. Gunnerson and Tony Caldwell The Arizona Court of Appeals, Division One, affirmed lower Arizona court rulings that sales of leased software in Arizona constitutes a sale of tangible personal property (TPP), which…more

Arizona, Internet Tax Freedom Act, SaaS, Software, Tangible Property

See all updates »

A New Solicitor Opinion Revisits Tribal Jurisdiction Over Alaska Native Allotments

In the complex landscape of Indigenous rights and jurisdiction, the question of tribal authority over Alaska Native allotments has long been a subject of legal debate. The recent Opinion known as Partial Withdrawal of…more

Alaska, Indian General Allotment Act, Jurisdiction, Native American Issues, Tribal Lands

See all updates »

SEC Pauses Climate Change Disclosure Rules

The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing Stay) This move, which…more

Climate Change, Disclosure Requirements, New Rules, Securities and Exchange Commission (SEC), Stays

See all updates »

New Mexico Passes Data Breach Notification Law

On March 16, 2017, the New Mexico legislature passed the Data Breach Notification Act (HB 15), which is now on the desk of Governor Susana Martinez awaiting signature. Governor Martinez has until April 7, 2017 to sign HB 15 into…more

Data Breach, Data Protection, Pending Legislation, Personally Identifiable Information, Popular

See all updates »

Gift Tax and GST Tax

On March 13, 2020, the President of the United States issued an emergency declaration in response to the ongoing COVID-19 pandemic. The Emergency Declaration instructed the Secretary of the Treasury to provide relief from tax…more

CARES Act, Coronavirus/COVID-19, Estate Planning, Executive Orders, Filing Deadlines

See all updates »

A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts

Under Washington common law, property owners owe a duty of reasonable care to “invitees” (essentially, persons invited onto the land by the owner), which requires owners to inspect for dangerous conditions and to make such…more

Compliance, Construction Contracts, Construction Industry, Duty of Care, Property Owners

See all updates »

COVID-19 Outbreak Calls for Scrutiny of Patentability Standards for Diagnostic Tests

As the public clamors for wider availability of COVID-19 diagnostic testing, it bears noting that — notwithstanding recent Supreme Court jurisprudence purporting to limit patent subject matter eligibility — both the United…more

Article I, Coronavirus/COVID-19, Patent-Eligible Subject Matter, Patents, Section 101

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

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 »

Coronavirus Solutions Cause Long-Term Changes to Depositions in California

On September 18, 2020, Governor Gavin Newsom (D) signed Senate Bill (“S.B.”) 1146 into law. This act was aimed at amending Sections 1010.6 and 2025.310 of the California Code of Civil Procedure, and to add and repeal Section…more

Cal Code of Civil Procedure, Depositions, Discovery, Document Productions, Emergency Rule

See all updates »

New Law Deals With Digital Assets After Death

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or kept…more

Conservators, Custodians, Digital Assets, Estate Planning, Fiduciary Duty

See all updates »

USPTO Extends Certain Patent Deadlines to July 1, 2020, but Limits Trademark Deadlines to May 31, 2020

The United States Patent and Trademark Office (USPTO), operating in accordance with the temporary authority provided by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), previously extended the time to file…more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Patent Applications, Patents

See all updates »

Land & Water Conservation Fund Update

A year ago, we blogged about the Senate-proposed Natural Resources Management Act (NRMA) which sought to permanently reauthorize the Land and Water Conservation Fund (LWCF). The proposed NRMA was developed largely due to the…more

Budget Cuts, Conservation, Environmental Policies, Federal Funding, Land Owners

See all updates »

U.S. Supreme Court Reinforces Property Owners' Rights to Excess Sales Proceeds After the Sale of Seized Land

On May 25, 2023, the United States Supreme Court, in Tyler v. Hennepin County, Minnesota, et al., reaffirmed the general principle that a creditor that has seized property to satisfy a debt is not entitled to the remaining…more

Excessive Fines Clause, Property Owners, Property Tax, SCOTUS, Takings Clause

See all updates »

It’s Official: The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” Is Now Law

As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the…more

#MeToo, Arbitration, Mandatory Arbitration, Sexual Assault, Sexual Harassment

See all updates »

National Association of Realtors Settlement Announcement May Have Sweeping Implications

The homebuying market as we know it is about to see sweeping changes. On Friday, March 15, 2024, the National Association of Realtors (NAR) announced a settlement with groups of home sellers, agreeing to end antitrust lawsuits…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Antitrust Violations, Buyers

See all updates »

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the…more

Burden of Proof, Causation, Construction Industry, Coronavirus/COVID-19, Damages

See all updates »

Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

On November 14, 2017, the Court of Appeals (Division 1), in Offerman v. Granada, LLC, 2017 WL 5352664, reversed a trial court order directing specific performance of an alleged option to purchase real property, holding that the…more

Appeals, Landlords, Option Contracts, Purchasers, Residential Leases

See all updates »

The Geopolitics of Energy

Russia’s invasion of Ukraine has brought to the forefront the key role that energy policy plays in international relations. Many countries sympathetic to Ukraine, but not wanting to escalate the conflict by sending troops, have…more

Economic Sanctions, Energy Policy, Energy Sector, Geopolitical Risks, Imports

See all updates »

California Supreme Court Weighs In on Negligence Claims Related to Mortgage Loan Modifications

On March 7, the California Supreme Court settled the issue of whether a mortgage servicer owes a duty of care to a borrower in the context of loan modification review, holding that negligence claims related to loan modification…more

CA Supreme Court, Duty of Care, Economic Loss Doctrine, Loan Modifications, Mortgages

See all updates »

Under Construction - December 2015

Letter from the Editor - Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner! Drones are a hot topic right now. The first article in this…more

City Councils, Construction Defects, Drones, Federal Aviation Administration (FAA), General Contractors

See all updates »

IRS Delays Roth Catch-Up Contribution Requirement

On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and…more

401k, Employee Contributions, Employer Contributions, IRS, Retirement Plan

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance with Equal Enforcement of the Law

Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and…more

Appeals, Attorney's Fees, Compliance, Constitutional Challenges, Enforcement

See all updates »

2023 End of Year Plan Sponsor “To Do” List (Part 4) Executive Compensation

As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our To Do Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan…more

10b5-1 Plans, Benefit Plan Sponsors, Clawbacks, Consumer Protection Act, Deferred Compensation

See all updates »

The Sell Decision: Aiding, Abetting Liability Not Added

In Sell v. Gama, the Arizona Supreme Court held that the Arizona Securities Act (the “ASA”) does not authorize a secondary liability claim for aiding and abetting another’s primary securities fraud. In so holding, the Supreme…more

Aiding and Abetting, Fraud, Securities Fraud

See all updates »

Pharmaceutical Company Seeks to Use Tribal Sovereign Immunity to Avoid Inter Partes Review

Allergan announced on September 8, 2017, that it had transferred its patents covering the drug Restasis to the Saint Regis Mohawk Tribe and will pay the tribe $13.75 million. The tribe is also eligible to receive $15 million in…more

Allergan Inc, Inter Partes Review (IPR) Proceeding, Native American Issues, Patent Trial and Appeal Board, Patents

See all updates »

SEC Division of Examinations Priorities for 2023

On February 7, 2023, the Division of Examinations (the Division) of the U.S. Securities and Exchange Commission (the SEC) issued its annual examination priorities.1 Consistent with its 2022 examination priorities and the SEC’s…more

Compliance, Cryptoassets, Environmental Social & Governance (ESG), Investment Adviser, Investment Advisers Act of 1940

See all updates »

City of Los Angeles Restaurants Receive Relief in the Form of Cap on Third-Party Delivery Charges

On June 5, 2020, Los Angeles Mayor Eric Garcetti signed into law an ordinance which temporarily limits third-party food delivery charges to local restaurants and other eat-in and carry-out service companies as part of the City…more

City of Los Angeles, Coronavirus/COVID-19, Local Ordinance, Relief Measures, Restaurant Industry

See all updates »

Annual Meeting and Proxy Considerations

Holding Your Annual Meeting Virtually—Lessons Learned From 2020 - In light of the circumstances surrounding the COVID-19 pandemic, it comes as no surprise that there was a dramatic increase in the number of virtual…more

Annual Meeting, Board of Directors, Business Continuity Plans, Coronavirus/COVID-19, Corporate Governance

See all updates »

Enforcing, Interpreting, and Revising Force Majeure Clauses in Response to COVID-19

Commonly included but rarely invoked, the standard force majeure clause has taken on a life of its own during the COVID-19 crisis. Industries as diverse as construction, sports and wedding planning have seen previously on-track…more

Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

Corporate Communicator - Winter 2018-2019

SEC Adopts Final Rules for Disclosure of Hedging Policies. On December 18, 2018, the SEC approved final rules regarding the disclosure of a company’s hedging practices or policies, as mandated by the Dodd-Frank Act. This…more

Corporate Governance, Disclosure Requirements, Dodd-Frank, Final Rules, GAAP

See all updates »

United States Supreme Court Upholds Campaign Ad Disclosure Requirement

In its recent four-word decision (“The judgment is affirmed.”) Independence Institute v. Federal Election Commission, the U.S. Supreme Court upheld a campaign finance law requirement that donors backing certain campaign ads must…more

501(c)(3), Appeals, Campaign Finance Reform, Declaratory Judgments, Disclosure Requirements

See all updates »

President Trump Issues Executive Order to “Buy American” with Respect to “Essential Medicines”

Amidst a flurry of policymaking from the White House last week, President Trump issued the Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States on August 6,…more

Audits, Defense Production Act, Department of Health and Human Services (HHS), Environmental Protection Agency (EPA), Executive Orders

See all updates »

Federal Circuit Broadens Personal Jurisdiction Based on Patent Infringement Letters

A recent decision by the Federal Circuit has broadened the potential for declaratory judgment personal jurisdiction to exist based on letters sent to accused patent infringers in a foreign forum. In Jack Henry & Associates, Inc…more

Burden-Shifting, Declaratory Judgments, Due Process, Forum State, Patent Infringement

See all updates »

Tax Lien Purchasers Must Give MERS Notice, Says Arizona Appeals Court

Recognizing MERS’s role in modern day mortgage lending, the Arizona Court of Appeals confirmed in Delo v. GMAC Mortgage, LLC that tax lien purchasers must notify MERS when identified in the Deed of Trust before foreclosing on…more

Deed of Trust, Default Judgment, Foreclosure, Mortgages, Right of Redemption

See all updates »

FDIC Issues Special Newsletter on Cyber Security – What You Need to Know

The Federal Deposit Insurance Corporation (“FDIC”) has been publishing FDIC Consumer News quarterly since 1993 to help people protect their money and avoid financial fraud and theft. In its Winter 2016 issue, the FDIC has…more

Cybersecurity, FDIC, Financial Institutions, Mobile Banking, Online Banking

See all updates »

Arizona Enacts Several New Tax Measures

The State of Arizona adopted several significant tax measures during the 2021 legislative session, including an individual income flat tax, a high-earner tax bypass, and a federal SALT cap workaround. Background…more

Adjusted Gross Income, Arizona, Corporate Taxes, Department of Revenue, Flat Tax

See all updates »

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,…more

Chevron Deference, Copyright, Intellectual Property Protection, Neil Gorsuch, Patents

See all updates »

United States Attorney’s Offices Announce Innovative Voluntary Self-Disclosure Programs for Individuals

Last year, on February 22, 2023, the Department of Justice (DOJ) announced a corporate Voluntary Self-Disclosure (VSD) policy, which is applicable to all U.S. Attorney’s Offices, setting nationwide incentives for voluntary…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement, Financial Institutions, Fraud

See all updates »

Utah Passes Artificial Intelligence Legislation

Utah is among the first in the nation to pass legislation aimed at regulating the burgeoning field of artificial intelligence (AI). The bill (SB0149), known as the Artificial Intelligence Policy Act, was signed by Governor Cox…more

Artificial Intelligence, Disclosure Requirements, New Legislation

See all updates »

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is the…more

Appeals, CA Supreme Court, Civil Code, Common Law Claims, Construction Defects

See all updates »

Ready or Not, Mental Health Parity Reporting Has Been Effective Since February 10, 2021

On April 2, 2021, the Labor, Treasury, and Health and Human Services departments (the “Departments”) issued ACA FAQs Part 45 (“FAQ 45”), which elaborates on the new reporting requirements implemented by the Consolidated…more

Affordable Care Act, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employer Group Health Plans, Mental Health

See all updates »

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA)

See all updates »

General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender

Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that its…more

Construction Contracts, Construction Industry, Deed of Trust, Foreclosure, General Contractors

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Federal Reserve Expands Main Street Lending Program; New Affiliate Rules May Impact Some Borrowers

On April 30, the U.S. Federal Reserve provided updated terms for the $600 billion Main Street Lending Program (Main Street Program), which will now operate through three facilities: the Main Street New Loan Facility (MSNLF), the…more

Borrowers, EBITDA, Federal Reserve, Lenders, Libor

See all updates »

California Revives COVID-19 Supplemental Paid Sick Leave

On February 9, 2022, Governor Newsom signed Senate Bill 114 resurrecting California COVID-19 Supplemental Paid Sick Leave for 2022 (SPSL 2022). As an employer you might think: “No problem, I already did this in 2021.” But not so…more

California, Coronavirus/COVID-19, Documentation, Employees, Employer Liability Issues

See all updates »

Scope of FCA Liability Illustrated In Recent Actions Against Higher Education Institutions

In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA…more

Colleges, Compliance, Cybersecurity, Department of Justice (DOJ), Enforcement

See all updates »

How the #MeToo Movement Has Shifted the Legal Landscape and What Businesses Are Doing About It

As of last month, the hashtag “#MeToo” was tweeted more than 8.1 million times. Not surprisingly, what has now evolved into the #MeToo movement has drawn the attention of legislators, courts, and the Equal Employment Opportunity…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

See all updates »

Delaware Court of Chancery Adopts Reverse Veil-Piercing

In a case of first impression in Delaware, the Court of Chancery adopted the equitable doctrine of reverse veil-piercing1 in Manichaean Capital LLC v Exela Technologies Inc., a post-merger action to enforce an appraisal…more

Appraisal, Corporate Counsel, Corporate Veil, Delaware General Corporation Law, Mergers

See all updates »

U.S. Supreme Court Holds That States May Disqualify State Candidates Under Insurrection Clause

The focus of the U.S. Supreme Court’s recent ruling in Trump v. Anderson was its holding that states cannot exclude federal candidates from state primary ballots under the Insurrection Clause. This decision, however,…more

Donald Trump, Insurrection, Political Campaigns, Presidential Elections, Primary Elections

See all updates »

United States Supreme Court Holds That Bankruptcy Automatic Stay Does Not Require Return of Property Seized Before The Bankruptcy Petition Was Filed

One issue which has confounded bankruptcy attorneys and courts is whether a creditor, that seized the debtor’s property before the debtor filed for bankruptcy, violates the automatic stay if it does not voluntarily return the…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

See all updates »

Justice Sotomayor Visits Arizona State University

If this blog post were a movie, the opening scene would be the end of the evening—roaring applause and a standing ovation with Justice Sotomayor shaking hands, hugging kids at the end of the aisle, and walking through the crowd…more

Justice Sotomayor, Sonia Sotomayor, Supreme Court Justices

See all updates »

Protecting Net Operating Losses and Monitoring Stockholder Accumulation

It is not uncommon for a corporation to have net operating losses ("NOLs") that may be carried forward from year-to-year, and may be used to offset the corporation’s taxable income in future years. A corporation’s ability to…more

Business Ownership, Corporate Taxes, Net Operating Losses, Regulatory Standards, Reporting Requirements

See all updates »

Tax and Estate Planning in the Current Environment

In response to the COVID-19 pandemic and the resulting financial market turmoil, taxpayers are left with many questions regarding their obligations and the future of their holdings. In the near term, taxing authorities across…more

Business Succession, Charitable Deductions, Coronavirus/COVID-19, Donor-Advised Funds (DAFs), Estate Planning

See all updates »

Successor Liability Considerations When Buying or Selling Colorado Distressed Entities

COVID-19 and the resulting economic uncertainty are adversely impacting businesses worldwide. Colorado companies that are financially distressed may be unable to survive alone and may consider reevaluating consolidation…more

Common Ownership, Continuity of Enterprises, Coronavirus/COVID-19, Due Diligence, Federal Common Law

See all updates »

Nevada OSHA Adopts New, Punitive ''Severe Violators Enforcement Program''

Federal OSHA (“Fed OSHA”) has long had a Severe Violators Enforcement Program (“SVEP”), intended to target employers who demonstrate “indifference to their OSH Act obligations by willful, repeated, or failure-to-abate…more

Citations, Nevada, OSHA, Penalties, Severe Violators Enforcement Program (SVEP)

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Generic.com Terms May Be Eligible for Federal Trademark Protection

Today, the Supreme Court held in U.S. Patent & Trademark Office v. Booking.com B.V. that a generic term paired with an internet designation such as “.com” (called a “generic.com” term by the Court) may be eligible for federal…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

See all updates »

Litigation Underway to Force Insurance Companies to Pay for Business Losses Associated with Coronavirus

The last two weeks have seen the first lawsuits by businesses seeking insurance coverage for business losses due coronavirus-related events. Two Napa Valley gourmet restaurants sued their insurance carrier to compel coverage…more

Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry

See all updates »

Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching...

Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)…more

Americans with Disabilities Act (ADA), Criminal Background Checks, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), GINA

See all updates »

Preparing for SEC’s New Cybersecurity Rules

On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules relating to enhanced cybersecurity disclosures, which became effective on September 5, 2023 (the “Final Rules”). Beginning in December…more

Cyber Incident Reporting, Cyber Insurance, Cybersecurity, Disclosure Requirements, Due Diligence

See all updates »

Data Security Update: 11th Circuit Vacates FTC Order Against LabMD

Earlier this month, in a much anticipated decision, the 11th U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) cease and desist order against LabMD, Inc. The 11th Circuit concluded that the FTC’s order…more

Appeals, Cease and Desist Orders, Cybersecurity, Data Security, Enforcement Actions

See all updates »

FTC Challenges Private Equity Roll-Up Acquisition Strategy

A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the…more

Acquisitions, Anti-Competitive, Antitrust Litigation, Corporate Counsel, Department of Justice (DOJ)

See all updates »

10 Key Points of the Lummis-Gillibrand Crypto Bill

On June 7, Senator Cynthia Lummis (R-WY) and Senator Kirsten Gillibrand (D-NY) unveiled the long-awaited 69-page draft of the Lummis-Gillibrand Responsible Financial Innovation Act (“Act”). The Act is meant to create a…more

CFTC, Commodities, Commodity Exchange Act (CEA), Cryptocurrency, Decentralized Finance (DeFi)

See all updates »

Bankruptcy Debtor Prevails Over SBA in District of Arizona PPP Loan Dispute

The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small Business Administration (“SBA”) that was created as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)…more

Administrative Procedure Act, Arizona, Bankruptcy Code, Bankruptcy Court, CARES Act

See all updates »

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D…more

Administrative Orders, CERCLA, Clean-Up Costs, Contaminated Properties, Contribution Claims

See all updates »

EPA opens the Door to Widespread Liability to Businesses

EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the…more

Biden Administration, CERCLA, Contamination, Discharge of Pollutants, Drinking Water

See all updates »

Protecting Purchasers in Commercial Property Transactions

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner…more

CERCLA, Commercial Real Estate Market, Contaminated Properties, Environmental Liability, Environmental Policies

See all updates »

FCPA Enforcement in 2020: Key Updates to the DOJ/SEC FCPA Resource Guide

In July of this year, the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) released the second edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). The 2020 revamp is…more

Best Practices, Compliance Monitoring, Department of Justice (DOJ), Disgorgement, FCPA Resource Guide

See all updates »

Emerging Trends in the Regulation of Fintech and Blockchain Technology: An Update on the National Fintech Charter

Given the heavily regulated nature of financial services in the United States, it should not be a surprise that one of the biggest challenges facing the “fintech” industry is regulatory uncertainty. As explained by the General…more

Banking Sector, Banks, Federal Bank Regulatory Agencies, Federal v State Law Application, Financial Services Industry

See all updates »

Taxation of Cryptocurrency and Similar Transactions

Whether you’re an investor expanding your portfolio to include digital assets such as cryptocurrencies and tokens, a business that uses cryptocurrencies to engage in everyday transactions, or a crypto “miner," you need to keep…more

Cryptocurrency, Digital Assets, Fair Market Value, Income Taxes, IRS

See all updates »

Everything Employers Need To Know About the EEOC’s Updated “Know Your Rights” Poster

The federal Equal Employment Opportunity Commission (EEOC) recently released an updated poster that employers with 15 or more employees must display in the workplace…more

EEO, Employee Rights, Employer Liability Issues, Employment Policies, Enforcement Actions

See all updates »

The Sell Decision: Aiding, Abetting Liability Not Added

In Sell v. Gama, the Arizona Supreme Court held that the Arizona Securities Act (the “ASA”) does not authorize a secondary liability claim for aiding and abetting another’s primary securities fraud. In so holding, the Supreme…more

Aiding and Abetting, Fraud, Securities Fraud

See all updates »

Additional Challenges for Borrowers Under the Paycheck Protection Program

On March 27, 2020, the United States House of Representatives passed the Coronavirus Aid, Recovery and Economic Security Act ("CARES Act"). The CARES Act included the Paycheck Protection Program ("PPP"), overseen by the U.S…more

Borrowers, CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA

See all updates »

Doing Business in Minnesota? Six Things Employers Should Know About the New Noncompete Ban

On May 24, 2023, Minnesota Governor Tim Walz signed SF 3035, banning all noncompete agreements entered into on or after July 1, 2023. Minnesota now joins the growing list of states placing significant limitations on the use of…more

Non-Compete Agreements, Restrictive Covenants, State Bans, State Labor Laws

See all updates »

Arizona Governor Doug Ducey Issues Executive Order Allowing Elective Surgeries

On Wednesday, April 22, Arizona Governor Doug Ducey signed Executive Order 2020-32, announcing that certain hospitals, dental offices and other healthcare facilities (each, a “Healthcare Facility”) will be able to resume…more

Coronavirus/COVID-19, Elective Surgical Procedures, Executive Orders, Exemptions, Governor Ducey

See all updates »

Amendments to Rights of Federally Funded Inventions and Government Owned Inventions

On April 13, 2018, a final rule was published in the Federal Register adopting proposed rule changes from the National Institute of Standards and Technology (“NIST”)…more

Bayh-Dole Act, Electronic Reporting, Federal Contractors, Federal Funding, Inventions

See all updates »

Nevada Governor Sisolak’s Latest Directive Significantly Eases Restrictions on Public Gatherings

At a press conference on September 29, Governor Steve Sisolak revealed the details of Directive 033, the latest order issued pursuant to his pandemic-related Emergency Declaration. Citing the lower rate of new COVID-19 cases…more

Churches, Coronavirus/COVID-19, Entertainment Venues, Governor Sisolak, Nevada

See all updates »

Under Construction - December 2016

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with…more

Arbitration, Arbitration Awards, Collective Bargaining, Construction Defects, Construction Industry

See all updates »

Economic Relief Opportunities for Small Businesses in Colorado

Under the current COVID-19 pandemic environment, the financial struggles that many businesses face are unprecedented. To help alleviate some of these struggles and stimulate the U.S. economy, the President signed into law the…more

CARES Act, Colorado, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Federal Loans

See all updates »

California Senate Bill 50: California’s Rejection of Addressing Restrictive Zoning Policies

California Senate Bill 50, introduced by Senator Scott Wiener, proposed significant changes to the state’s zoning laws with hopes of relieving California’s housing crisis. California is currently experiencing a shortage of 3.5…more

CEQA, Housing Developers, Housing Market, Multi-Family Development, Proposed Legislation

See all updates »

California End-of-Year Employment Law Wrap Up

It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers…more

Abortion, Bereavement Leave, Cal-OSHA, California, California Consumer Privacy Act (CCPA)

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

What Utah Employers Need to Know About H.B. 251: Post-Employment Restrictions Act

On March 22, 2016, the Governor of Utah signed into law H.B. 251, the Post-Employment Restrictions Act. This was one of the most controversial bills considered this last session, and it underwent many changes through the course…more

Employment Contract, New Regulations, Non-Compete Agreements, Restrictive Covenants

See all updates »

SEC Pauses Climate Change Disclosure Rules

The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing Stay) This move, which…more

Climate Change, Disclosure Requirements, New Rules, Securities and Exchange Commission (SEC), Stays

See all updates »

Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

On March 25, Utah became the first state to enact the Uniform Commercial Real Estate Receivership Act (“UCRERA”) which was drafted by the National Conference of Commissioners on Uniform State Laws (the “Conference”) and adopted…more

New Legislation, Real Estate Market, Receivership

See all updates »

Krueger v. Experian, et al. – Sixth Circuit Explores Bounds of Concreteness and Traceability in the Wake of TransUnion LLC v. Ramirez

Exploring the bounds of concreteness and traceability following the Supreme Court’s landmark decision in TransUnion LLC v. Ramirez, the Sixth Circuit in Krueger v. Experian, et al. recently reversed a grant of summary judgment…more

Article III, Experian, Fair Credit Reporting Act (FCRA), Reversal, SCOTUS

See all updates »

Supreme Court Narrows Scope of the Computer Fraud and Abuse Act

In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and…more

Computer Fraud and Abuse Act (CFAA), Criminal Convictions, Law Enforcement, SCOTUS, Unauthorized Access

See all updates »

“Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

The Colorado Supreme Court has approved a settlement between the parties to an appeal of the 2012 Colorado Pool Systems v. Scottsdale Insurance Company Court of Appeals case, leaving that ruling intact. The ruling parses a fine…more

CO Supreme Court, Commercial General Liability Policies, Construction Contracts, Construction Defects, Construction Industry

See all updates »

Deadline Approaching! Property Tax Relief Available to California Fire Victims

Thousands of people tragically lost their homes and suffered millions of dollars in property damage from the recent fires that swept through Los Angeles County, Ventura County, and Butte County. With the first property tax…more

Commercial Property Owners, Fire Damage, Property Tax, Residential Property Owners, State and Local Government

See all updates »

New California Law Attacks NINGs and DINGs

On July 10, 2023, California Governor Gavin Newsom signed into law S.B. 131, which included a provision targeting the California state income tax treatment of incomplete gift non-grantor trusts ("INGs"). Under the prior law, a…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, State Budgets

See all updates »

Questions and Answers for Businesses Seeking COVID-19 Insurance Coverage

What type of insurance coverage may be available for losses to my business? The type of coverage that may be available depends on the nature of loss you suffered and the wording of your insurance policies. Companies that lost…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry, State and Local Government

See all updates »

Walking the Regulatory Tightrope: The Attorney-Client Privilege in an Intertwined World

Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from…more

Attorney-Client Privilege, Audits, Certiorari, Compliance, Dismissals

See all updates »

U.S. District Court Issues Decision on Crypto Currency Regulation

On July 13, 2023, the U.S. District Court for the Southern District of New York issued an important decision on a closely watched securities case surrounding crypto token classification. The primary question for the Court in SEC…more

Classification, Corporate Counsel, Crypto Exchanges, Cryptocurrency, Investment

See all updates »

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase

In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of…more

Anti-Alienation Provisions, Appeals, AZ Supreme Court, Commercial Property Owners, Local Ordinance

See all updates »

Taking the Off Ramp: IRS Opens Limited Program To Return Wrongly Received Employee Retention Credits

The IRS continues to evaluate and process Employee Retention Credit (“ERC”) claims with a focus on inaccurate and ineligible filings. Among its efforts to police the ERC program, the IRS announced a new initiative that permits…more

Employee Retention, IRS, Self-Disclosure Requirements, Tax Credits, Voluntary Disclosure

See all updates »

California Supreme Court Refuses To Hear Default Interest Case

On December 21, 2022, the California Supreme Court denied review of a controversial Court of Appeal decision from earlier last year that prohibited lenders from charging default interest against the principal balance of any…more

Appeals, Arbitration, CA Supreme Court, Default, Lenders

See all updates »

Working Toward Gift Clause Clarity in Arizona: Post-Schires v. Carlat Trial Opinion Represents Clarifying News for Economic Development Opportunities

In the first quarter of 2021, Arizona has a seen a flurry of legal uncertainty related to the Arizona Supreme Court’s February decision in Schires v. Carlat that has been construed in some quarters as revising and narrowing…more

Arizona, AZ Supreme Court, Burden of Proof, Government Entities, Incentives

See all updates »

Texas Supreme Court Rules Pipeline Can Take Land by Eminent Domain

On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the…more

Administrative Authority, Common Carriers, Condemnation, Construction Project, Eminent Domain

See all updates »

State of Washington Adopts Tax Increment Financing—What Governments and Developers Should Know

After years of discussion, the State of Washington has finally adopted a comprehensive tax increment financing law permitting local governments to create “increment areas” and use tax increment financing to fund public…more

Governor Inslee, Land Developers, Municipalities, New Legislation, Public Projects

See all updates »

FTC Announces Increased Thresholds for HSR Premerger Notifications and Interlocking Directorates

The Federal Trade Commission (FTC) announced on January 19, 2017 the revised transaction thresholds that trigger the requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust Improvements…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Requirements, Hart-Scott-Rodino Act

See all updates »

Hunstein v. Preferred Collection & Management Services, Inc.— Eleventh Circuit Panel Doubles Down Pending En Banc Rehearing Petition

In an unusual move, an Eleventh Circuit panel doubled down on its prior, industry-disrupting decision that a debt collector may violate the Fair Debt Collection Practices Act (“FDCPA”) by transmitting private information to a…more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Personal Information

See all updates »

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that…more

Car Accident, Casino Employee, Casinos, Employment Litigation, Indian Gaming

See all updates »

Arizona Court of Appeals Addresses Proximity Damages in State of Arizona v. Foothills Reserve Master Owners Association, Inc.

On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after the…more

Appeals, Arizona, Compensation, Damages, Department of Transportation (DOT)

See all updates »

Global Connection - June 2015

The latest edition of Global Connection offers insight into a potential money laundering crackdown in the real estate sector, information on the Federal Trade Commission’s approach to data breach investigations and a legal alert…more

Corporate Taxes, Data Breach, Federal Trade Commission (FTC), Filing Requirements, FinCEN

See all updates »

Cybersecurity Remains a Hot Topic for Boards in 2017

Each year, a number of surveys and commentators describe and predict the trending topics of interest and importance to boards of directors in the for-profit and non-profit sectors. As we wrap up the first quarter of 2017, it…more

Board of Directors, Conflicts of Interest, Cybersecurity, Executive Compensation, Individual Accountability

See all updates »

Top Five Issues to Watch in Arizona Water Law

Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome the…more

Amended Regulation, Bureau of Reclamation, Drought, Electric Generation Suppliers, Power Plants

See all updates »

Wait, You Want An HOA?! Restricting Implied Common-Interest Communities

While the butt of many jokes and a thorn in the side of some property owners, homeowners associations (“HOAs”) serve the vital function of collecting and disbursing funds to care for and maintain common areas of residential…more

CO Supreme Court, Common Interest Ownership Act, Common-Interest Communities, Homeowners, Homeowners Association (HOA)

See all updates »

Colorado Homebuilders May Face Increased Claims Under the Colorado Consumer Protection Act - New Legislation Seeks to Eliminate “Significant Public Impact” Requirement

A new proposed bill has the potential to significantly impact the viability of consumer protection claims brought against Colorado homebuilders. Consumer protection claims brought by homebuyers against homebuilders in Colorado…more

Colorado, Consumer Protection Act, Contract Terms, Contractors, Damages

See all updates »

Employees in California Get a Bump in Paid Sick Leave

On October 4, 2023, Governor Gavin Newsom approved Senate Bill No. 616 (SB 616), which significantly increases the amount of paid sick leave required under California’s existing paid sick leave law. Under existing law,…more

California, Collective Bargaining Agreements (CBA), Employee Handbooks, Employees, Employment Policies

See all updates »

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court (citing…more

CA Supreme Court, California Coastal Commission, CEQA, Environmental Impact Report (EIR), Environmentally Sensitive Habitat Areas (ESHA)

See all updates »

Did We Consent to Be Sued Here? An Update on Newest U.S. Supreme Court Decision on Personal Jurisdiction in Mallory v. Norfolk Southern Railway Company.

It is common knowledge that every state has some requirement that companies doing business in the state register to do so. However, under the most recent U.S. Supreme Court decision addressing personal jurisdiction, the mere act…more

Bodily Injury, Cause of Action Accrual, Consent, Damages, Due Process

See all updates »

Don’t Risk Losing Your Property Tax-Exempt Status - File Affidavit by March 1

Arizona’s ad valorem property tax exemptions that are granted to many categories of exempt organizations (e.g., healthcare centers and institutions, arts and science organizations, and charitable community service providers) do…more

Ad Valorem Tax, Charitable Organizations, Filing Deadlines, Financial Reporting, Hospitals

See all updates »

Under Construction - September 2016

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most states…more

Caltrans, Commercial Leases, Construction Contracts, Construction Industry, Contract Disputes

See all updates »

Recent Developments in Colorado Construction Law

Hot Button Issues in Colorado Construction - Liability for owners, developers, contractors and design professionals - A construction defects measure, which was introduced to the state legislature in the 2014…more

Construction Defects, Construction Industry, Contractors, Homeowners Association (HOA), Real Estate Development

See all updates »

The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or…more

Adverse Possession, CO Supreme Court, Land Owners, Land Titles, Prescriptive Easements

See all updates »

The Department of Justice Is Building a Data Security Protection and Enforcement Program

In response to President Biden’s Executive Order authorizing increased data privacy measures, Assistant Attorney General (AAG) Matthew G. Olsen announced that the National Security Division of the Department of Justice (DOJ) is…more

Algorithms, Artificial Intelligence, Biden Administration, Compliance, Data Breach

See all updates »

An Insurance Check Up for the Construction Industry

The New Year is an opportunity to reset and reflect on your present condition and ways to improve. One thing all members of the construction industry, from owners to contractors, should do is check in on their insurance policies…more

Construction Industry, Contractors, Indemnity Insurance, Insurance Industry

See all updates »

Protecting Net Operating Losses and Monitoring Stockholder Accumulation

It is not uncommon for a corporation to have net operating losses ("NOLs") that may be carried forward from year-to-year, and may be used to offset the corporation’s taxable income in future years. A corporation’s ability to…more

Business Ownership, Corporate Taxes, Net Operating Losses, Regulatory Standards, Reporting Requirements

See all updates »

Donning the Plan, Forgetting the Top Hat: A Common Oversight in ERISA Compliance

When drafting a deferred compensation plan or agreement for a key employee (a “top hat plan”), the focus is almost always on the terms of the plan. In the process, many employers miss a crucial step—filing the top hat statement…more

Compensation & Benefits, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Harassment in the workplace: Where do we stand? Where are we going?

The Equal Employment Opportunity Commission (“EEOC”) recently created a Select Task Force, comprised of 16 highly qualified individuals from diverse professional and personal backgrounds, to examine where U.S. employers…more

Anti-Harassment Policies, Equal Employment Opportunity Commission (EEOC), Federal Agency Taskforce, Retaliation, Workplace Harassment Guidance

See all updates »

HHS Proposed Changes To Part 2 Rules To Align With HIPAA Privacy Rules

On November 28, 2022, the U.S. Department of Health and Human Services (“HHS”) proposed sweeping changes to the rules that govern use and disclosure of protected health information (“PHI”) about patients receiving substance use…more

Breach Notification Rule, Department of Health and Human Services (HHS), Enforcement, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

SCOTUS Issues Employers Relief in PAGA Actions

Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a…more

Appeals, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employment Litigation

See all updates »

Opportunity Zone Incentive - Critical Dates in 2021

Investors, fund sponsors, real estate developers, and businesses using or planning to use the Opportunity Zone incentive (the OZ Incentive) should be aware of some upcoming critical dates. Some of these dates are the result of…more

Capital Assets, Coronavirus/COVID-19, Fund Sponsors, Income Taxes, Investors

See all updates »

Employees in California Get a Bump in Paid Sick Leave

On October 4, 2023, Governor Gavin Newsom approved Senate Bill No. 616 (SB 616), which significantly increases the amount of paid sick leave required under California’s existing paid sick leave law. Under existing law,…more

California, Collective Bargaining Agreements (CBA), Employee Handbooks, Employees, Employment Policies

See all updates »

Five Workplace New Year’s Resolutions for 2017

With the New Year comes the annual tradition of making New Year’s Resolutions—along with the annual tradition of breaking those resolutions by the second week of January. Even if last year’s Christmas tree survived longer than…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Confidential Information, Data Security, Defend Trade Secrets Act (DTSA)

See all updates »

Supreme Court Clarifies That Medical Providers Cannot Be Convicted Of Illegal Drug Distribution If Prosecutors Do Not Prove the Intent To Issue Unauthorized Scripts

In Justice Breyer’s final opinion from the bench in a 9-0 decision, the United States Supreme Court clarified that for a physician to be criminally convicted of distributing a controlled substance, the Department of Justice must…more

Affirmative Defenses, Controlled Substances, Department of Justice (DOJ), Drug Distribution, Food and Drug Administration (FDA)

See all updates »

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint venture…more

Construction Industry, Contract Termination, Contractors, Cost Recovery, Joint Employers

See all updates »

SCOTUS to Consider Copyright Registration Circuit Split

The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright owners…more

Certiorari, Copyright Infringement, Copyright Registration, Intellectual Property Protection, Registration Requirement

See all updates »

Cemented in History: The Supreme Court’s Glacier Decision Holds That Employers Can Sue for Strike Damages

On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does not…more

Collective Bargaining Agreements (CBA), Damages, Glacier Northwest v International Brotherhood of Teamsters, NLRA, SCOTUS

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah

Utah's lien statute is intricate, unique, and oft amended by the legislature. And how Utah courts have interpreted the definitions and deadlines in the lien statute are frequent subjects of trial court best efforts and,…more

Amended Legislation, Appeals, Construction Liens, Contract Termination, Deadlines

See all updates »

Global Connection - Russia Permits Patent Misappropriation From Unfriendly Countries

On Monday, March 7, 2022, the Russian government announced that compensation would not be required when Russian entities infringe patent rights from "unfriendly" countries. This unilateral action by Russia may have a significant…more

Bilateral Agreements, Compensation, EU, Intellectual Property Protection, Misappropriation

See all updates »

Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

The Utah Supreme Court recently decided Baker v. Carlson, 2018 UT 59, which considered a developer’s ongoing effort to build a mixed-use, part-residential and part-commercial development on the site of the long-defunct…more

Citizen Petitions, Construction Project, Mixed-Use Zoning, Real Estate Development, Referendums

See all updates »

Emergency Efforts to Mitigate COVID-19

COVID-19 has already caused major disruptions in United States labor markets and its impact is expected to last for months. Federal and state governments are introducing and passing various forms of emergency legislation…more

Coronavirus/COVID-19, Disability Insurance, Employee Benefits, Unemployment Insurance

See all updates »

New COVID-19 Relief Bill Includes Targeted Relief for Restaurants and Other Hard-Hit Small Businesses and Nonprofits

Yesterday, President Joe Biden signed the $1.9 trillion American Rescue Plan Act of 2021 (Act), which includes new pandemic-relief grants for small and mid-sized restaurants and bars; expansion of the Paycheck Protection…more

American Rescue Plan Act of 2021, Business Expenses, Coronavirus/COVID-19, Economic Aid Act, Economic Injury Disaster Loans

See all updates »

From Seed to Study Subject: New Draft Guidance From the FDA and Four Takeaways for Using Cannabis in Clinical Trials

Earlier this week, the U.S. Food and Drug Administration (FDA) released draft guidance on the use of cannabis and cannabis-derived compounds in clinical research. This guidance represents an important step towards normalizing…more

Cannabidiol (CBD) oil, Cannabis Products, Clinical Trials, Controlled Substances Act, DEA

See all updates »

Land Banking. Why Consider It?

For homebuilders, financing a real estate transaction, oftentimes via an institutional lender, is common place in the industry. But what is land banking and why should it be considered by homebuilders? Land banking is an…more

Banking Sector, Construction Contracts, Construction Industry, Construction Project, General Contractors

See all updates »

Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California…more

Attorney's Fees, Cal Code of Civil Procedure, Cost-Shifting, Section 998, Settlement

See all updates »

Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to only…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

See all updates »

The Pass-Through Income Deduction for Charitable Remainder Trusts

On January 18, 2019, the Internal Revenue Service (IRS) issued final regulations implementing the new pass-through income deduction for qualified business income (QBI) received from pass-through entities (such as sole…more

Charitable Remainder Trust, Corporate Taxes, Excise Tax, Final Rules, IRS

See all updates »

FTC Proposes Sweeping Changes to HSR Filing Requirements

On June 27, 2023, the U.S. Federal Trade Commission (the “FTC”), with the concurrence of the U.S. Department of Justice (the “DOJ”, and together with the “FTC”, the “Agencies”) proposed sweeping changes to the rules for filing…more

Acquisitions, Antitrust Provisions, Corporate Structures, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

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 »

Under Construction - June 2017

Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to the…more

Breach of Contract, CO Supreme Court, Construction Contracts, Construction Industry, Design-Build

See all updates »

Form I-9 Remote Verification Open to E-Verify Employers

Effective August 1, 2023, U.S. Citizenship and Immigration Services will grant certain employers the ability to remotely inspect work authorization documents for the Form I-9. USCIS made the announcement as it gets ready to…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

See all updates »

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the federals…more

Apex Doctrine, Attorney-Client Privilege, Burden of Proof, Depositions, Discovery

See all updates »

OSHA’s Vaccination and Testing ETS Suspended

On Friday, November 5, Snell & Wilmer published a Legal Alert regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard ("ETS"). In that Legal Alert, we noted that…more

Appeals, Constitutional Challenges, Coronavirus/COVID-19, OSHA, Vaccinations

See all updates »

E-Commerce Marketplace Liablity

Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021 WL…more

Amazon, Chain of Distribution, Distributors, E-Commerce, Manufacturers

See all updates »

A New Outlier Expands Manufacturers’ Ability to Litigate Magnuson-Moss Warranty Act Cases in Federal Court

A recent court decision may alter a product manufacturer’s chance to have a federal court decide certain warranty claims brought against it. Federal laws do not always guarantee that a party may pursue a claim arising under that…more

Appeals, Attorney's Fees, Corporate Counsel, Jurisdiction, Magnuson-Moss Act

See all updates »

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 »

United States Supreme Court Holds That Bankruptcy Automatic Stay Does Not Require Return of Property Seized Before The Bankruptcy Petition Was Filed

One issue which has confounded bankruptcy attorneys and courts is whether a creditor, that seized the debtor’s property before the debtor filed for bankruptcy, violates the automatic stay if it does not voluntarily return the…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

See all updates »

Arizona Supreme Court Clarifies Methods to Challenge Citizen Initiatives

For those involved in the citizen initiative process, there are lessons to be learned from the Arizona Supreme Court’s recent decision involving a challenge to the signatures obtained by certain initiative petition circulators. …more

AZ Supreme Court, Citizen Initiative Campaigns, Proposed Amendments

See all updates »

Corporate Communicator - 2024 Annual Meeting Season

Clawback Rules. As previously discussed in last Winter’s Corporate Communicator, the Securities and Exchange Commission (“SEC") adopted final rules in October 2022 directing the NYSE and Nasdaq to adopt listing standards that…more

10b5-1 Plans, 401k, Audits, Beneficial Owner, Clawbacks

See all updates »

COVID-19: Mexico's Phase Two

In response to the COVID-19 pandemic, on March 24, 2020, the Mexican Government declared that Mexico is on Phase 2 Community Transmission of COVID-19. This means that the virus began to spread internally. In this Phase, the…more

Business Continuity Plans, Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Mexico

See all updates »

Five Land Banking Lessons Learned During the 2008 Great Recession

Land banking was one of the hardest hit industries during the 2008 Great Recession. As the housing and financial markets declined drastically, many homebuilders terminated their option agreements with the land bankers and walked…more

Coronavirus/COVID-19, Great Recession, Housing Market, Lenders, Liens

See all updates »

Don’t Risk Losing Your Property Tax-Exempt Status - File Affidavit by March 1

Arizona’s ad valorem property tax exemptions that are granted to many categories of exempt organizations (e.g., healthcare centers and institutions, arts and science organizations, and charitable community service providers) do…more

Ad Valorem Tax, Charitable Organizations, Filing Deadlines, Financial Reporting, Hospitals

See all updates »

Under Construction - December 2017

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the…more

Commercial General Liability Policies, Construction Contracts, Construction Industry, Construction Project, Deadlines

See all updates »

New Twist on Insider Trading

Two federal indictments this week revealed a new approach to an old crime. The indictments returned in New Jersey (United States v. Turchynov et al., Case No. 2:15-CR-390) and the Eastern District of New York (United States v…more

Confidential Information, Hackers, Indictments, Insider Trading, Profits

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Tax Cuts and Jobs Act: Implications for Public Company Executive Compensation Programs

The Tax Cuts and Jobs Act (the “Tax Act”) has significant implications for public company executive compensation plans for tax years beginning after December 31, 2017 and will likely have a considerable impact on the future…more

Compensation & Benefits, Corporate Taxes, Covered Employees, Employee Benefits, Executive Compensation

See all updates »

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and…more

Appeals, Construction Defects, Construction Industry, Faulty Workmanship, Homeowners

See all updates »

The Secure Notarization Act Is Reintroduced in the U.S. Senate Seeking a National Standard for Remote Online Notarization

Since at least 2000, state and federal legislatures have grappled with creating effective, and secure, methods for document authentication while still utilizing the increasing number of technological advancements created during…more

Coronavirus/COVID-19, National Standards, Notarization, Remote Notarization, SECURE Act

See all updates »

Coal Communities’ Transition in Arizona Getting More Attention

The local economies of many communities in the southwest are tied to the operations of large coal-fired power plants. As those plants start closing, the communities can face significant disruption in their local economies…more

Coal, Coal Industry, Coal-Fired Generation, Coal-Fired Plants, Energy Sector

See all updates »

SEC Pauses Climate Change Disclosure Rules

The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing Stay) This move, which…more

Climate Change, Disclosure Requirements, New Rules, Securities and Exchange Commission (SEC), Stays

See all updates »

SEC Proposes Rule Amendments Modernizing Beneficial Ownership Reporting To Increase Timeliness and Information Quality

On February 10, 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments to Regulation 13D-G to update and modernize the beneficial ownership reporting rules for public markets in order to increase the…more

Amended Rules, Beneficial Owner, Filing Deadlines, Proposed Amendments, Proposed Regulation

See all updates »

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West. …more

Appeals, Groundwater, Native American Issues, Summary Judgment, Tribal Lands

See all updates »

Under Construction - March 2018

Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company. We start this issue with an article providing some practical solutions to common legal…more

Airspace, Commercial Use, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

President Trump Issues Executive Order to “Buy American” with Respect to “Essential Medicines”

Amidst a flurry of policymaking from the White House last week, President Trump issued the Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States on August 6,…more

Audits, Defense Production Act, Department of Health and Human Services (HHS), Environmental Protection Agency (EPA), Executive Orders

See all updates »

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted to…more

Actual Injuries, Admissible Evidence, Discovery, Facebook, Fourth Amendment

See all updates »

The Credit Access and Inclusion Act Aims to Open Up Credit Availability to Low-Income and Minority Consumers

On June 25, 2018, the House passed legislation known as the Credit Access and Inclusion Act of 2017, with bipartisan support (H.R. 5078). The bill is intended to allow low-income and minority Americans more access to credit and…more

Credit Access, Credit Cards, Credit Reporting Agencies, Credit Reports, Financial Services Industry

See all updates »

New Small Business Reorganization Act May Provide Easier Bankruptcy Relief for Many Small Businesses Impacted by COVID-19

By happenstance, on February 19, 2020, soon after the first case of the COVID-19 virus (the “Virus”) was confirmed in the United States, the Small Business Reorganization Act (“SBRA”) became available as a form of debt relief…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

See all updates »

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

Snell & Wilmer attorneys Dan Rodman and Morgan Petrelli recently represented Yamaha Motor Corporation, U.S.A. in the trial of a 2006 Yamaha Rhino rollover lawsuit in the Eighth Judicial District Court of Nevada (Case No…more

Design Defects, Dismissals, Evidence, Expert Testimony, Negligent Design

See all updates »

AB 2170 Changes California Law on Foreclosure Sales

California changed its law at the beginning of the 2023 to require that certain sellers of foreclosed properties containing one to four residential units only accept offers from eligible bidders during the first 30 days after a…more

Auction, California, Foreclosure, Housing Market, Investors

See all updates »

Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations

On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus…more

Appeals, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Final Rules

See all updates »

Protecting Your Trade Secrets in the COVID-19 Environment

In addition to the many complications, concerns and changes that working in the COVID-19 environment brings, it is important to evaluate the impact it plays on a company’s internal workings, one of which is a company’s trade…more

Confidential Information, Coronavirus/COVID-19, Crisis Management, Employee Training, Information Security

See all updates »

Executive Order 2020-26 and Remote Online Notarization in Arizona

One of the many aspects of daily life that has been disrupted by the COVID-19 pandemic is the ability to comply with statutory requirements as they relate to notarization and recording. In order to have a signature or document…more

Coronavirus/COVID-19, Electronic Notarization Standard, Executive Orders, Governor Ducey, Notarization

See all updates »

Working Toward Gift Clause Clarity in Arizona: Post-Schires v. Carlat Trial Opinion Represents Clarifying News for Economic Development Opportunities

In the first quarter of 2021, Arizona has a seen a flurry of legal uncertainty related to the Arizona Supreme Court’s February decision in Schires v. Carlat that has been construed in some quarters as revising and narrowing…more

Arizona, AZ Supreme Court, Burden of Proof, Government Entities, Incentives

See all updates »

Federal Court Holds That DOJ Cannot Prosecute Company for Non-Sports Betting Under Wire Act

On September 15, 2022, the United States District Court for the District of Rhode Island (“Court” or “District Court”) entered a significant declaratory judgment addressing the Department of Justice’s (“DOJ”) historically…more

Appeals, Department of Justice (DOJ), iGaming, Lottery, Motion for Summary Judgment

See all updates »

Emergency Election Procedures Enacted for 2024 Arizona Elections

On February 9, 2024, Governor Hobbs signed into law HB 2785, a bipartisan emergency measure that made substantial changes to the Arizona election laws and procedures for the 2024 election cycle and beyond. This article…more

Arizona, Election Procedures Rule, New Legislation, Policies and Procedures, Primary Elections

See all updates »

Arizona’s Revised Anti-Indemnification Statutes’ Effect on Insurance Requirements

In our last issue, we alerted you to Arizona’s revised anti-indemnification statutes (A.R.S. §§34-226 and 41-2586) regarding state and city public construction projects which became effective September 13, 2013. In this issue,…more

Commercial General Liability Policies, Contract Drafting, Indemnification, Insurance Industry, Negligence

See all updates »

Coverage Construction: Arizona Supreme Court’s Osborn III Opinion

In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result…more

ALTA, AZ Supreme Court, General Contractors, Lenders, Liens

See all updates »

Ninth Circuit Holds County’s Advertising Restriction on “Disparaging Material” Unconstitutional

The Ninth Circuit held yesterday in American Freedom Defense Initiative v. King County that a county’s advertising program on public buses that rejected advertisements on the basis of disparaging material violates the First…more

Advertising, Direct Marketing, First Amendment, Free Speech, Matal v Tam

See all updates »

Nevada To Implement New Solar Workforce Requirements

Changes are coming soon to Nevada’s solar workforce. This could have a seismic impact on Nevada solar companies, as Nevada leads the nation in solar industry jobs on a per capita basis. Under current law, independent…more

Contractors, Independent Contractors, Licenses, Misclassification, Nevada

See all updates »

A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah

Utah's lien statute is intricate, unique, and oft amended by the legislature. And how Utah courts have interpreted the definitions and deadlines in the lien statute are frequent subjects of trial court best efforts and,…more

Amended Legislation, Appeals, Construction Liens, Contract Termination, Deadlines

See all updates »

Residential Eviction Protections Under the CARES ACT – What Landlords and Tenants May Need to Know About Eviction Actions

As part of the federal government’s response to the COVID-19 pandemic, the Coronavirus, Aid, Relief and Economic Security Act (CARES Act) established a 120-day eviction moratorium for evictions based on non-payment of rent for…more

CARES Act, Coronavirus/COVID-19, Eviction, Fannie Mae, Freddie Mac

See all updates »

D.C. Circuit to Opine on Whether AI May Be Author of Copyrightable Work in Thaler v. Perlmutter

The D.C. Circuit is set to decide whether a work generated “autonomously” by an artificial intelligence (“AI”) computer system was properly denied copyright registration by the United States Copyright Office. The work at issue,…more

Administrative Procedure Act, Artificial Intelligence, Copyright, Intellectual Property Protection, Machine Learning

See all updates »

Arizona Enacts Several New Tax Measures

The State of Arizona adopted several significant tax measures during the 2021 legislative session, including an individual income flat tax, a high-earner tax bypass, and a federal SALT cap workaround. Background…more

Adjusted Gross Income, Arizona, Corporate Taxes, Department of Revenue, Flat Tax

See all updates »

Writ of Certiorari Denied in Oracle v. Google: Software Declaring Code, Including Structure, Sequence, and Organization Remains Protectable as Copyright

On June 29, 2015, the U.S. Supreme Court denied Google, Inc.’s petition for writ of certiorari, leaving intact the Federal Circuit’s holding that Oracle’s Java API software, and particularly the API declaring source code, is…more

Appeals, Copyright, Copyright Infringement, Copyrightable Subject Matter, Oracle v Google

See all updates »

‘Tis the Season for H-1B Visas: The FY2024 Cap Lottery Is Almost Here!

It is almost time for employers to register their interest to sponsor a foreign national in H-1B status. Initial registration for the Fiscal Year 2024 H-1B cap will open at 12:00 p.m. EST on March 1, 2023 and close at 12:00 p.m…more

Foreign Workers, H-1B, Immigration Procedures, Lottery, USCIS

See all updates »

The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues

Although it’s been a tough twelve months for many live music venues, movie theaters, and performing arts organizations, help may finally be around the corner. On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses,…more

Coronavirus/COVID-19, Economic Aid Act, Eligibility, Entertainment Industry, Entertainment Venues

See all updates »

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the…more

Acquisitions, Annual Reports, CFIUS, China, Currency Manipulation

See all updates »

U.S. House Natural Resources Committee Hearing Requiring Withdrawal of Controversial Proposed Rule

The U. S. House Committee on Natural Resources hearing held on Thursday, June 15, 2023, was singularly focused on H.R. 3397, sponsored by Rep. John R. Curtis (R-UT-3), which requires the Director of the Bureau of Land Management…more

Bureau of Land Management, Comment Period, Congressional Committees, Environmental Policies, Natural Resources

See all updates »

The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property

The Arizona Supreme Court recently clarified that a judgment lien does, in fact, attach to the proceeds of the sale of a homestead property. See In re McLauchlan. In sum, if the sale of a home produces more than the homestead…more

AZ Supreme Court, Foreclosure, Homesteads, Liens

See all updates »

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent Administrative Law Cases

Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Endangered Species Act (ESA)

See all updates »

FCPA Enforcement in 2020: Key Updates to the DOJ/SEC FCPA Resource Guide

In July of this year, the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) released the second edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). The 2020 revamp is…more

Best Practices, Compliance Monitoring, Department of Justice (DOJ), Disgorgement, FCPA Resource Guide

See all updates »

FTC sues IoT Device Manufacturer D-Link for Lax Cyber Security Practices

On January 5, 2017, the Federal Trade Commission (“FTC”) filed a complaint against computer networking hardware manufacturer D-Link Corporation, alleging that the company’s wireless routers, IP cameras, and other “Internet of…more

Cybersecurity, Enforcement Actions, Federal Trade Commission (FTC), Hackers, Internet of Things

See all updates »

The Ninth Circuit Reiterates State Law Applies to Non-Preempted Claims under the Labor Management Relations Act

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management Relations…more

Collective Bargaining Agreements (CBA), Corporate Counsel, Exhaustion Doctrine, Grievance Process, Labor Law Violations

See all updates »

Commercial Drones Set To Take Flight

On June 21, 2016, the Federal Aviation Administration (FAA) unveiled a landmark set of new rules for the commercial operation of small Unmanned Aircraft Systems (sUAS), more popularly known as drones. The new rules will take…more

Certifications, Commercial Use, Cybersecurity, Drones, Federal Aviation Administration (FAA)

See all updates »

Effective April 1, 2022: Tucson, Arizona’s Minimum Wage Ordinance

It’s not an April Fools’ Day joke – tomorrow, Tucson’s Minimum Wage Act (the “Act”), also known as Proposition 206, takes effect. The Act increases the minimum wage to $13.00 per hour for all employees (full-time, part-time,…more

Arizona, Independent Contractors, Minimum Wage, State Labor Laws, Wage and Hour

See all updates »

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

Snell & Wilmer attorneys Dan Rodman and Morgan Petrelli recently represented Yamaha Motor Corporation, U.S.A. in the trial of a 2006 Yamaha Rhino rollover lawsuit in the Eighth Judicial District Court of Nevada (Case No…more

Design Defects, Dismissals, Evidence, Expert Testimony, Negligent Design

See all updates »

Oregon Legislature Imposes New Foreclosure Moratorium Which May Be Extended Through December 31, 2021, But Most Commercial Properties Are Not Affected

After not taking action and allowing the 2020 foreclosure moratorium to expire on December 31, 2020 (“2020 Act”), the Oregon legislature took action in May to pass House Bill 2009 (the “2021 Act” or the “Act”), reinstating the…more

CARES Act, Commercial Property Owners, Coronavirus/COVID-19, Executive Orders, Forbearance Agreements

See all updates »

Creating Wealth Through Innovation

Much has been made of the demise of U.S. manufacturing. Once the U.S. was a manufacturing powerhouse, but much of its industry has now moved overseas or south of the border to low-cost countries such as China, India, and…more

Business Strategies, Innovation, Innovation Patent, Intellectual Property Protection, Inventions

See all updates »

Arizona Governor Doug Ducey Issues Executive Order Allowing Elective Surgeries

On Wednesday, April 22, Arizona Governor Doug Ducey signed Executive Order 2020-32, announcing that certain hospitals, dental offices and other healthcare facilities (each, a “Healthcare Facility”) will be able to resume…more

Coronavirus/COVID-19, Elective Surgical Procedures, Executive Orders, Exemptions, Governor Ducey

See all updates »

Privacy Shield 2.0 What’s Next for International Data Transfers?

During the last 20 years, the state of the law regarding personal data transfers between the U.S. and Europe has undergone many changes and evolutions. Initially, the European Commission and the U.S. Government worked together…more

Data Protection, EU, EU-US Privacy Shield, European Commission, European Data Protection Board (EDPB)

See all updates »

Supreme Court: Federal Government Is Not Permitted to Challenge Patents Under the AIA

In a recent 6-3 decision, the Supreme Court held that the U.S. Postal Service and other federal agencies are prohibited from challenging the validity of patents post-issuance under the proceedings created by the Leahy-Smith…more

Administrative Agencies, America Invents Act, Covered Business Method Proceedings, Government Entities, Intellectual Property Protection

See all updates »

Oregon Legislature Imposes New Foreclosure Moratorium Which May Be Extended Through December 31, 2021, But Most Commercial Properties Are Not Affected

After not taking action and allowing the 2020 foreclosure moratorium to expire on December 31, 2020 (“2020 Act”), the Oregon legislature took action in May to pass House Bill 2009 (the “2021 Act” or the “Act”), reinstating the…more

CARES Act, Commercial Property Owners, Coronavirus/COVID-19, Executive Orders, Forbearance Agreements

See all updates »

2019 Amendments Affecting Residential Construction

Under Arizona law, when a purchaser of a new residential dwelling unit alleges a construction defect, the purchaser generally is required to first provide notice of the defect to the homebuilder prior to filing a formal action…more

Construction Defects, Construction Industry, General Contractors, Housing Developers, New Legislation

See all updates »

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric…more

Appeals, Carbon Emissions, Energy Sector, Environmental Impact Report (EIR), FERC

See all updates »

DOJ Incentivizes Voluntary Self-Disclosure of Corporate Criminal Misconduct in Policy Directive to U.S. Attorneys’ Offices Nationwide

On February 22, 2023, the Department of Justice (“DOJ”) announced that all 93 United States Attorneys’ Offices throughout the country are implementing, effective immediately, a Voluntary Self-Disclosure Policy (“Policy”) for…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Disgorgement

See all updates »

Under Construction - December 2016

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with…more

Arbitration, Arbitration Awards, Collective Bargaining, Construction Defects, Construction Industry

See all updates »

When—Exactly—Does an Adverse Employment Action Occur? The Utah Supreme Court Weighs In

Can one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances, yes…more

Adverse Employment Action, Contract Renewal, Contract Termination, Employer Liability Issues, Hiring & Firing

See all updates »

There is No Crying in Baseball . . . Facility Construction

The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al., 863 Utah Adv. Rep. 58, 2018 UT App 78. The case involved the plan of Athletic Performance Institute LLC (“API”)…more

Appeals, Bad Faith, Bench Trial, Borrowers, Construction Disputes

See all updates »

The Pass-Through Income Deduction for Charitable Remainder Trusts

On January 18, 2019, the Internal Revenue Service (IRS) issued final regulations implementing the new pass-through income deduction for qualified business income (QBI) received from pass-through entities (such as sole…more

Charitable Remainder Trust, Corporate Taxes, Excise Tax, Final Rules, IRS

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

The Tie that Binds: Enforceabliity of Merger Provisions Against Non-signatory Shareholders

The Predicament - One challenge encountered in M&A deals is how to bind all shareholders of the target company to all deal terms. For private companies with few shareholders, this is not much of a challenge. However, many…more

Acquisitions, Breach of Warranty, Buyers, Clawbacks, Escrow Accounts

See all updates »

Arizona Enacts Several New Tax Measures

The State of Arizona adopted several significant tax measures during the 2021 legislative session, including an individual income flat tax, a high-earner tax bypass, and a federal SALT cap workaround. Background…more

Adjusted Gross Income, Arizona, Corporate Taxes, Department of Revenue, Flat Tax

See all updates »

The Ninth Circuit Court of Appeals Affirms the Constitutionality of Local Ordinance Requiring Landlords to Pay a Tenant Relocation Fee

On February 1, 2022, the Ninth Circuit released its opinion in Ballinger v. City of Oakland 1 affirming the district court’s dismissal of a lawsuit in which the plaintiffs claimed that the City of Oakland’s Uniform Residential…more

Appeals, Constitutional Challenges, Coronavirus/COVID-19, Eviction, Exceptions

See all updates »

Protecting Net Operating Losses and Monitoring Stockholder Accumulation

It is not uncommon for a corporation to have net operating losses ("NOLs") that may be carried forward from year-to-year, and may be used to offset the corporation’s taxable income in future years. A corporation’s ability to…more

Business Ownership, Corporate Taxes, Net Operating Losses, Regulatory Standards, Reporting Requirements

See all updates »

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not…more

Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Liability, Reversal, Rogers Test

See all updates »

Opportunity Zone Incentive - Critical Dates in 2021

Investors, fund sponsors, real estate developers, and businesses using or planning to use the Opportunity Zone incentive (the OZ Incentive) should be aware of some upcoming critical dates. Some of these dates are the result of…more

Capital Assets, Coronavirus/COVID-19, Fund Sponsors, Income Taxes, Investors

See all updates »

FTC Proposes Sweeping Changes to HSR Filing Requirements

On June 27, 2023, the U.S. Federal Trade Commission (the “FTC”), with the concurrence of the U.S. Department of Justice (the “DOJ”, and together with the “FTC”, the “Agencies”) proposed sweeping changes to the rules for filing…more

Acquisitions, Antitrust Provisions, Corporate Structures, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

Payroll Tax Deferral – What The Treasury Guidance Did And Did Not Make Clear

To assist employees with the economic hardships resulting from COVID-19, recent guidance provides relief in the form of a payroll tax deferral (Deferral Program). Internal Revenue Service Notice 2020-65 (Notice)1 provides that,…more

Coronavirus/COVID-19, IRS, Payroll Taxes, Presidential Memorandum, Relief Measures

See all updates »

Arizona Supreme Court Adopts Learned Intermediary Doctrine

The Arizona Supreme Court has issued an opinion adopting the learned intermediary doctrine in Arizona. The Supreme Court rejected the Arizona Court of Appeals’ earlier decision holding that the learned intermediary doctrine was…more

AZ Supreme Court, Duty to Warn, Learned Intermediary, Medical Devices, Pharmaceutical Industry

See all updates »

Enforcement of the South Coast AQMD’s Warehouse Rule Is Coming

Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District (the…more

Air Quality Standards, Clean Air Act, Enforcement, Environmental Protection Agency (EPA), Proposed Rules

See all updates »

More Questions than Answers – The DOJ’s Sudden Change in Tactics in the Apple iPhone Encryption Dispute

In the ongoing iPhone encryption battle between the Department of Justice (“DOJ”) and Apple, March 22, 2016 might have been a pivotal moment in the national discourse on digital privacy rights, encryption, and the bounds of…more

All Writs Act, Apple, Department of Justice (DOJ), Encryption, iPhone

See all updates »

Non-Political Committees Must Disclose Donors - A Complete Change to Existing Practices

On October 4, 2018, the Federal Election Commission (“FEC”) issued a press release to provide guidance following the District Court for the District of Columbia's recent memorandum opinion in CREW v. FEC. The press release…more

501(c)(4), 501(c)(6), Disclosure Requirements, Federal Election Commission (FEC), Policies and Procedures

See all updates »

Delay and Disruption Claims in the Time of COVID-19

Delay and disruption claims are always a risk in the best conditions on a construction site. Never more so than during the global pandemic brought about by COVID-19. Since President Trump declared the COVID-19 pandemic a…more

Business Disruption, Construction Contracts, Contractors, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

California Anti-SLAPP Motions: Potential Pitfalls for Plaintiffs

California’s anti-SLAPP (“strategic lawsuit against public participation”) law has been an inviting first line of attack for defendants and cross-defendants—and a potential pitfall for plaintiffs and cross-complainants—ever…more

Anti-SLAPP, Attorney's Fees, Defamation, First Amendment, Free Speech

See all updates »

Colorado Enforces Ambiguous Limitation of Liability Clauses

On September 23, 2021, the Colorado Court of Appeals issued its opinion in Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., addressing a matter of first impression. The court of appeals held for the first time that an…more

Appeals, Colorado, Construction Project, Enforcement, Limitation of Liability Clause

See all updates »

Should Congress End Agency Deference?

At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in City…more

Agency Deference, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Regulatory Accountability Act

See all updates »

HHS Seeks Public Comment on the HIPAA Privacy Rule

Earlier today the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) issued a Request for Information (RFI) seeking public input on the HIPAA Privacy Rule. Specifically, HHS OCR is interested in how…more

Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), HIPAA Privacy Rule, HITECH Act, OCR

See all updates »

Colorado Legislation to Improve Wildfire Resiliency Through Building Codes and Grants Will Impact Construction Industry

During the 2023 legislative session, Colorado passed eleven bills related to wildfire prevention and recovery. The Centennial State had its worst fire season in history in 2020 and is still recovering from the devastating…more

BRIC, Building Codes, Colorado, Construction Industry, FEMA

See all updates »

Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California…more

Attorney's Fees, Cal Code of Civil Procedure, Cost-Shifting, Section 998, Settlement

See all updates »

California Corporate Conversion Statute Expanded

On September 2, 2022, California Governor Gavin Newsom signed SB 49 into law, amending California Corporations Code §1151 (Cal. Corp. Code §1151) to allow domestic corporations to convert into foreign entity types as of January…more

California, Corporate Conversions, Domestic Corporations, Foreign Entities, Governor Newsom

See all updates »

Utah Governor Issues Executive Order Suspending Certain Residential Evictions Due to COVID-19 Crisis

On March 6, 2020, the State of Utah declared a state of emergency due to the COVID-19 crisis. Noting that the COVID-19 pandemic has directly caused some Utah residents to lose income and become unable to pay rent, Governor Gary…more

Commercial Property Owners, Coronavirus/COVID-19, Eviction, Executive Orders, State of Emergency

See all updates »

Notable New State Privacy and Data Security Laws – Part Two

This is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security…more

Cyber Crimes, Cybersecurity, Data Privacy, Data Protection Acts, Data Security

See all updates »

Emergency Election Procedures Enacted for 2024 Arizona Elections

On February 9, 2024, Governor Hobbs signed into law HB 2785, a bipartisan emergency measure that made substantial changes to the Arizona election laws and procedures for the 2024 election cycle and beyond. This article…more

Arizona, Election Procedures Rule, New Legislation, Policies and Procedures, Primary Elections

See all updates »

Bloomberg Seeks Market Feedback Regarding Potential Cessation of BSBY

In a statement issued on September 13, 2023, Bloomberg Index Services Limited (“BISL”) announced that it is seeking feedback from lending market participants on a proposal to cease the publication of all or certain tenors of the…more

Bloomberg Inc., Interest Rates, Libor

See all updates »

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s sovereign…more

Appeals, Dismissal With Prejudice, Federal Court Litigation, Insurance Industry, Jurisdiction

See all updates »

Louisiana Bans Prop Bets for Betting Integrity and Athlete Safety

Just before the University of Connecticut’s and the University of South Carolina’s wins in March Madness, Louisiana issued a major change to college sports betting. Starting August 1, 2024, Louisiana’s Gaming Control Board…more

College Athletes, Colleges, Louisiana, NCAA, Sports Betting

See all updates »

A Robust and Diverse Water Portfolio Enables Arizona to Meet the Challenges Ahead

Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs.  These resources include groundwater, in-state surface water, Colorado River water, long-term…more

Arizona, Climate Change, Drought, Groundwater, Groundwater Management Plan

See all updates »

CMS' Transparency-in-Coverage Rule: One Year Later

In October 2020, the Centers for Medicare and Medicaid Services (“CMS”) finalized the Transparency in Coverage Rule (“the Rule”), requiring most health insurance plans and issuers offering individual or group coverage to…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Out of Network Provider, Out-of-Pocket Expenses

See all updates »

Senate Bill 165: Transferable Tax Credits for Film Industry

The film industry is a very exciting business and requires the involvement of many individuals and entities to complete a production. Bringing a commercial or full-feature film to millions of viewers is dependent upon the…more

Film Tax Credits, Movies, New Legislation

See all updates »

Understanding the New Reporting Obligations Under the Corporate Transparency Act

With 2024 almost upon us, this means that for millions of companies across the United States, new compliance requirements under the Corporate Transparency Act (“CTA”) are about to take effect. In fact, the Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Criminal Penalties, FinCEN, Fines

See all updates »

Increased Scrutiny and Punishment for Corporate Executives for Antitrust Violations

On February 19, 2016, an antitrust official with the U.S. Department of Justice (DOJ) announced the agency’s increased emphasis on individual accountability, and a renewed commitment “to holding accountable the highest-level…more

Antitrust Provisions, C-Suite Executives, Cartels, Department of Justice (DOJ), Personal Liability

See all updates »

AB 2170 Changes California Law on Foreclosure Sales

California changed its law at the beginning of the 2023 to require that certain sellers of foreclosed properties containing one to four residential units only accept offers from eligible bidders during the first 30 days after a…more

Auction, California, Foreclosure, Housing Market, Investors

See all updates »

Protecting Purchasers in Commercial Property Transactions

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner…more

CERCLA, Commercial Real Estate Market, Contaminated Properties, Environmental Liability, Environmental Policies

See all updates »

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the…more

Condemnation, Eminent Domain, Evidence, Fair Market Value, Just Compensation

See all updates »

2021 End of Year Plan Sponsor “To Do” List (Part 4) Executive Compensation

As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues, Part 2…more

Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employee Stock Purchase Plans, Executive Compensation

See all updates »

Nonprofit Groups Making Certain Political Expenditures May Now Have to Disclose Donors

On September 18, 2018, The United States Supreme Court lifted a temporary stay of the order of the U.S. District Court for the District of Columbia in a complaint filed by Citizens for Responsibility and Ethics in Washington…more

Campaign Finance Reform, Disclosure Requirements, Election Related Expenditures, Federal Election Commission (FEC), Nonprofits

See all updates »

Software Patents – Not a Waste of Money After All?

Since the Supreme Court ruling in Alice Corp. v. CLS Bank International, that a specific software algorithm was ineligible for patent protection, rumors abound that all software-related inventions are unpatentable. Although the…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter, Patents

See all updates »

Residential Eviction Protections Under the CARES ACT – What Landlords and Tenants May Need to Know About Eviction Actions

As part of the federal government’s response to the COVID-19 pandemic, the Coronavirus, Aid, Relief and Economic Security Act (CARES Act) established a 120-day eviction moratorium for evictions based on non-payment of rent for…more

CARES Act, Coronavirus/COVID-19, Eviction, Fannie Mae, Freddie Mac

See all updates »

Blue Pencils Down: The Recent Delaware Non-Compete Case Trifecta

Over the past six months, the Delaware Court of Chancery has issued a series of decisions narrowing the scope of permissible non-compete agreements, while declining to “blue pencil” those provisions to render them enforceable…more

Acquisitions, DE Supreme Court, Delaware, Enforcement Actions, Mergers

See all updates »

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA)

See all updates »

Climate-Related Financial Risk Management Final Interagency Guidance Rules Issued – Now What’s Next?

On October 24, 2023, the Federal Reserve (Fed), Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC) issued the joint agency climate-related financial risk management guidance for…more

Climate Change, Consumer Financial Protection Bureau (CFPB), FDIC, Federal Reserve, Final Guidance

See all updates »

Supreme Court Stays OSHA Vaccination Mandate

In a 6-3 decision issued very soon after the January 7, 2022 oral argument last Friday, the U.S. Supreme Court yesterday reversed the U.S. Court of Appeals for the Sixth Circuit, and reinstated the stay of enforcement against…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues

See all updates »

The SEC’s Rulemaking Agenda: ESG

On June 11, 2021, the Securities and Exchange Commission (“SEC”) released its Spring 2021 Rule List. Among the proposed rulemaking topics are various environmental, social and governance (“ESG”) disclosures. Although companies…more

Biden Administration, Climate Change, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Executive Orders

See all updates »

Best Practices: Commercial Lockouts in Arizona

If a tenant defaults under a commercial lease, Arizona law permits the landlord to re-take possession of the premises by locking out the defaulting tenant. However, if the landlord’s lockout is wrongful, the landlord may be…more

Arizona, Best Practices, Commercial Leases, Default, Documentation

See all updates »

Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action. In Cathleen Robin v. Al…more

Action to Quiet Title, Appeals, Deed of Trust, Judicial Foreclosure Process, Lenders

See all updates »

Congress Denies Trump’s Request to Slash EPA’s Budget

Back in February, the White House released its proposed budget for 2018. Among other things, the President’s budget sought to cut EPA’s budget by $2.5 billion, or over 23 percent. Targets of the proposed cuts included: climate…more

Automotive Industry, Budget Cuts, Climate Change, Deregulation, Environmental Protection Agency (EPA)

See all updates »

Nevada To Implement New Solar Workforce Requirements

Changes are coming soon to Nevada’s solar workforce. This could have a seismic impact on Nevada solar companies, as Nevada leads the nation in solar industry jobs on a per capita basis. Under current law, independent…more

Contractors, Independent Contractors, Licenses, Misclassification, Nevada

See all updates »

Corporate Communicator - 2024 Annual Meeting Season

Clawback Rules. As previously discussed in last Winter’s Corporate Communicator, the Securities and Exchange Commission (“SEC") adopted final rules in October 2022 directing the NYSE and Nasdaq to adopt listing standards that…more

10b5-1 Plans, 401k, Audits, Beneficial Owner, Clawbacks

See all updates »

Amendments to Rights of Federally Funded Inventions and Government Owned Inventions

On April 13, 2018, a final rule was published in the Federal Register adopting proposed rule changes from the National Institute of Standards and Technology (“NIST”)…more

Bayh-Dole Act, Electronic Reporting, Federal Contractors, Federal Funding, Inventions

See all updates »

Senate and House Tax Bills Provide Support For Oil And Gas Industry

The tax reform bills that passed the U.S. Senate and House of Representatives may provide a windfall of potential tax benefits and breaks for some oil and gas infrastructure developers and operators. In addition to lowering…more

Business Taxes, Corporate Taxes, Income Taxes, MLPs, Oil & Gas

See all updates »

Protecting Net Operating Losses and Monitoring Stockholder Accumulation

It is not uncommon for a corporation to have net operating losses ("NOLs") that may be carried forward from year-to-year, and may be used to offset the corporation’s taxable income in future years. A corporation’s ability to…more

Business Ownership, Corporate Taxes, Net Operating Losses, Regulatory Standards, Reporting Requirements

See all updates »

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 »

Despite Changing Economic Reality, Federal Court Holds Indian Tribes Have Sovereign Immunity in Bankruptcy, Absent Waiver

As the Indian gaming industry continues to thrive, Indian tribes are increasingly engaging in other commercial endeavors including banking, construction, energy, telecommunications, manufacturing, retail and more. Based on a…more

Bankruptcy Code, Casinos, Fraudulent Transfers, Hotels, Native American Issues

See all updates »

Under Construction - December 2017

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the…more

Commercial General Liability Policies, Construction Contracts, Construction Industry, Construction Project, Deadlines

See all updates »

Biden's LNG Export Permit Moratorium: Is It Really in the ''Public's Interest?''

Last week, House and Senate leaders convened to discuss President Biden’s current liquefied natural gas (“LNG”) export permit freeze, which opponents contend will have a significant impact on domestic energy security, jobs, and…more

Biden Administration, Contract Terms, Department of Energy (DOE), Energy Projects, Liquid Natural Gas

See all updates »

United States District Court Finds California Failed to Negotiate Gaming Compact in Good Faith

On February 27, 2024, the District Court for the Eastern District of California entered an order finding that California did not negotiate a Class III gaming compact in good faith with Plaintiff Alturas Indian Rancheria…more

California, Good Faith, Indian Gaming, Indian Gaming Regulation Act, Jurisdiction

See all updates »

Logic Prevails as the D.C. Circuit Reverses the SEC: An Investment Adviser Cannot Be Negligent and Intentional at the Same Time

In a triumph of reason over complexity, the D.C. Circuit has held that an investment adviser cannot negligently commit an intentional act. In so holding, the second highest court in the land has (once again) overturned a…more

Administrative Law Judge (ALJ), Appeals, Conflicts of Interest, De Novo Standard of Review, Investment Adviser

See all updates »

California Anti-SLAPP Motions: Potential Pitfalls for Plaintiffs

California’s anti-SLAPP (“strategic lawsuit against public participation”) law has been an inviting first line of attack for defendants and cross-defendants—and a potential pitfall for plaintiffs and cross-complainants—ever…more

Anti-SLAPP, Attorney's Fees, Defamation, First Amendment, Free Speech

See all updates »

Understanding the New Reporting Obligations Under the Corporate Transparency Act

With 2024 almost upon us, this means that for millions of companies across the United States, new compliance requirements under the Corporate Transparency Act (“CTA”) are about to take effect. In fact, the Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Criminal Penalties, FinCEN, Fines

See all updates »

Cemented in History: The Supreme Court’s Glacier Decision Holds That Employers Can Sue for Strike Damages

On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does not…more

Collective Bargaining Agreements (CBA), Damages, Glacier Northwest v International Brotherhood of Teamsters, NLRA, SCOTUS

See all updates »

Arizona’s Outdoor Exercise Rules During the Coronavirus Restrictions

The gyms are closed and people have taken their workouts outside. Trainers, athletes, and the rest of us who are just trying to stay in shape need to understand the rules when we exercise. In short, enjoy your workout and…more

Coronavirus/COVID-19, Executive Orders, Governor Ducey

See all updates »

Snell & Wilmer Defends Trucking Company and Truck Driver

Snell & Wilmer attorneys recently defended Phenix Transportation West and its driver Ray Jackson in a trucking accident case. The trial lasted eight days and was tried in Maricopa County Superior Court. Kelly Wilkins tried the…more

Bodily Injury, Car Accident, Commercial Truck Drivers, Distracted Driving, Transportation Industry

See all updates »

UPDATE: UCC Amendments Signed by Governor Brewer

The 2010 Amendments to Article 9 of the Arizona Uniform Commercial Code are now effective. UCC Amendments Pass Both Houses of the Arizona Legislature - This alert was previously published on April 17,…more

Article 9, Proposed Amendments, Uniform Commercial Code (UCC)

See all updates »

The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind…more

Business Expenses, Employee Training, Employment Policies, Proprietary Information, Remote Working

See all updates »

California Bars General Contractors From Collecting Compensation for Work Performed by Unlicensed Subcontractors

On May 13, 2022, the California Court of Appeal for the Sixth Appellate District issued its opinion in Sally Kim et al., v. TWA Construction Inc., et al, finally resolving a long-standing issue: the Court of Appeal held for the…more

Appeals, California, Compensation, General Contractors, Settlement

See all updates »

State of Washington Adopts Tax Increment Financing—What Governments and Developers Should Know

After years of discussion, the State of Washington has finally adopted a comprehensive tax increment financing law permitting local governments to create “increment areas” and use tax increment financing to fund public…more

Governor Inslee, Land Developers, Municipalities, New Legislation, Public Projects

See all updates »

‘Tis the Season for H-1B Visas: The FY2024 Cap Lottery Is Almost Here!

It is almost time for employers to register their interest to sponsor a foreign national in H-1B status. Initial registration for the Fiscal Year 2024 H-1B cap will open at 12:00 p.m. EST on March 1, 2023 and close at 12:00 p.m…more

Foreign Workers, H-1B, Immigration Procedures, Lottery, USCIS

See all updates »

Regulatory Matters – FDA Updates Emergency Use Authorization for Paxlovid

A little over two years ago, the FDA authorized Paxlovid for emergency use for the treatment of adults and pediatric patients (12 years of age and older weighing at least 40 kg) who are at high risk for progression to severe…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA), Pharmaceutical Industry

See all updates »

U.S. Supreme Court Holds That States May Disqualify State Candidates Under Insurrection Clause

The focus of the U.S. Supreme Court’s recent ruling in Trump v. Anderson was its holding that states cannot exclude federal candidates from state primary ballots under the Insurrection Clause. This decision, however,…more

Donald Trump, Insurrection, Political Campaigns, Presidential Elections, Primary Elections

See all updates »

Economic Development Opportunity Deals With Public Entities and Their Constitutional Hurdles: What Can Be Learned from Schires v. Carlat

In recent years, courts have seen an increasing amount of cases challenging Arizona economic development deal opportunities between public and private parties under the “Gift Clause” of article IX, section 7 of the Arizona…more

AZ Supreme Court, Economic Development, Fair Market Value, Gifts, Privately Held Corporations

See all updates »

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA)

See all updates »

Nevada Prohibits “Burning Limits” Liability Insurance Policies

On June 3, 2023, the Nevada legislature enacted a law prohibiting insurance companies from issuing or renewing policies of liability insurance that contain defense-within-limits provisions, or so-called “burning limits”…more

Defense Costs, Fees, Insurance Industry, Legal Costs, Liability Insurance

See all updates »

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 »

CMS Revises Enforcement Guidance—Again

After the publication of our Legal Alert on the Supreme Court decision lifting the stay on the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “Rule”) published by the Centers for Medicare & Medicaid…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Coronavirus/COVID-19, Enforcement, Healthcare Workers

See all updates »

Bankruptcy courts cannot approve structured dismissal of Chapter 11 case that violates absolute priority rule

In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that a bankruptcy court was not authorized to approve a structured dismissal of a Chapter 11 case that violated the absolute priority rule…more

Absolute Priority Rule, Article III, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

See all updates »

When to Think About an Interlocutory Appeal

You’ve just received a pretrial decision that seems to doom your client. You brace yourself for delivering the news and buckling down for a difficult trial. After all, there is no way to appeal that decision right now. Or is…more

Interlocutory Appeals

See all updates »

DOL Working Overtime To Increase Salary Exemption Threshold

On August 30, 2023, the U.S. Department of Labor (“DOL”) announced its proposed watershed rule change to employee exemptions under the Fair Labor Standards Act (“FLSA”). This proposed rule, among other changes, would increase…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Over-Time

See all updates »

Lenders And Leases: Important Legal Issues

Financial Institutions that make loans on commercial real estate frequently have to contend with issues pertaining to commercial leases. Aside from the underwriting issues, there are numerous legal issues that can arise in…more

Banking Sector, Commercial Leases, Commercial Loans, Commercial Tenants, Landlords

See all updates »

Lenders Can Prepare for Tenant Offset Rights in SNDAs

Tenants’ limited recourse to their landlords has made “offset rights” a major issue in negotiating Subordination, Non-Disturbance and Attornment Agreements (SNDAs). Tenant offset rights arise when the tenant has the right…more

Commercial Leases, Default, Foreclosure, Landlords, Lenders

See all updates »

California Supreme Court Rules That Dynamex ABC Test Applies Retroactively

On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as independent…more

ABC Test, CA Supreme Court, Dynamex, Independent Contractors, Misclassification

See all updates »

Preparing for SEC’s New Cybersecurity Rules

On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules relating to enhanced cybersecurity disclosures, which became effective on September 5, 2023 (the “Final Rules”). Beginning in December…more

Cyber Incident Reporting, Cyber Insurance, Cybersecurity, Disclosure Requirements, Due Diligence

See all updates »

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA)

See all updates »

Corporate Communicator - 2024 Annual Meeting Season

Clawback Rules. As previously discussed in last Winter’s Corporate Communicator, the Securities and Exchange Commission (“SEC") adopted final rules in October 2022 directing the NYSE and Nasdaq to adopt listing standards that…more

10b5-1 Plans, 401k, Audits, Beneficial Owner, Clawbacks

See all updates »

New California Law Attacks NINGs and DINGs

On July 10, 2023, California Governor Gavin Newsom signed into law S.B. 131, which included a provision targeting the California state income tax treatment of incomplete gift non-grantor trusts ("INGs"). Under the prior law, a…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, State Budgets

See all updates »

Coverage Construction: Arizona Supreme Court’s Osborn III Opinion

In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result…more

ALTA, AZ Supreme Court, General Contractors, Lenders, Liens

See all updates »

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.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide