Snell & Wilmer

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One Arizona Center, 400 East Van Buren Street
Suite 1900
Phoenix, Arizona 85004-2202, 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
  • Worker’s Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • Nevada
  • Utah
Other Countries
  • Mexico
Number of Attorneys
400+ Attorneys

The SEC’s Annual Report on the Dodd-Frank Whistleblower Program Shows Increased Activity

On November 15, 2016, the Securities and Exchange Commission (SEC) released its Annual Report on the Dodd-Frank Whistleblower Program. The Whistleblower Program was established by Section 21F of the Dodd-Frank Act, which…more

Annual Reports, Anti-Retaliation Provisions, Dodd-Frank, Enforcement Actions, SEC

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

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Proposed Aetna-Humana Merger Passes Another Hurdle in Antitrust Review

The proposed merger between major health insurers Aetna Inc. and Humana Inc. continues to inch closer to finalization. In a recent press release, Aetna announced that 10 states have now signed off on its proposed acquisition of…more

Acquisitions, Aetna, Anthem Insurance, Antitrust Investigations, CIGNA

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D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United…more

Appeals, Clean Water Act, Coal Mines, EPA, Final Guidance

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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 »

Update: Second Round of NAFTA Negotiations Concludes - Progress Made?

The second round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded earlier this month. While official statements from the countries indicated that all three…more

Canada, Country of Origin, Cross-Border Transactions, Exports, Foreign Relations

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

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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

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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

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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 »

SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage

Summary of SB-30 - Senate Bill 30 California-Mexico Border: Federally Funded Infrastructure (“SB-30”) was introduced on December 5, 2016 by Democrat Senator Ricardo Lara, who is its primary sponsor. SB-30 is an act to add a…more

Construction Industry, Discrimination, Federal Contractors, First Amendment, Infrastructure

See all updates »

The New Disability Claims Regulations: They Don’t Only Apply to Disability Plans

The Department of Labor (“DOL”) issued regulations that revise the ERISA claims procedure regulations for employee benefit plans that provide disability benefits (the “New Disability Claims Regulations” or “New Regulations”)…more

Adverse Action, Affordable Care Act, Claim Procedures, Corporate Counsel, Disability Benefits

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Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The court…more

Copyright, Copyright Infringement, Copyright Litigation, Exclusive Licenses, License Agreements

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SEC Begins to Define “Substantial Implementation” Under Proxy Rule 14a-8(i)(10)

The SEC has recently provided guidance on the permissibility of excluding shareholder proxy access bylaw proposals under Proxy Rule 14a-8(i)(10). Rule 14a-8(i)(10) allows a company to exclude a shareholder proposal that has…more

Bylaws, Proxy Access, Rule 14a-8, SEC, Shareholder Proposals

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Invalidating Patents Through Inter Partes Review

In the nine and a half months since its creation, the U.S. Patent and Trademark Office's (USPTO's) new inter partes review proceedings have become a popular way to attempt to invalidate a patent. As of June 25, 2013, at least…more

Inter Partes Reexamination, Patents

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Data Center Contracts: Privacy and Security Terms

A sometimes overlooked but potentially significant liability exposure for any company that uses the “cloud” to remotely store, process or distribute data is the service provider contract between the company user and its data…more

Cloud Computing, COPPA, Data Centers, Data Protection, Gramm-Leach-Blilely Act

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Recent Developments with Respect to Conflict Minerals

In the Spring 2017 issue of our Corporate Communicator, we included a brief discussion of the status of the conflict minerals rules contained in Rule 13p-1 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”),…more

Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, First Amendment, Form SD

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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

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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 »

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

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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

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Paid Sick Leave – It’s an Epidemic

From California to Connecticut, and places in between, the reach of paid sick leave laws is spreading rapidly. Currently, California, Connecticut, Massachusetts, Oregon and Washington D.C. have state- (or district-) wide laws…more

Accrual Method, Barack Obama, Executive Orders, Federal Contractors, Healthy Families Act

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 »

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)

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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 »

U.S. Senate Confirms Scott Pruitt as EPA Chief, Signaling Conservative Re-Imagining of EPA’s Role in Society and Government

On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks…more

Clean Power Plan, Clean Water Act, EPA, Global Warming, Greenhouse Gas Emissions

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Section 4980H Large Employer Penalties – IRS Signals the Health Coverage Penalties Remain in Force

Many employers were hopeful that the Code Section 4980H penalties would be repealed now that Republicans control Congress and Trump is in the White House. To date, that has not happened, nor has the IRS announced it will not…more

Affordable Care Act, Code Sections 4980H, Employer Group Health Plans, Healthcare Reform, IRS

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 »

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

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Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a…more

Attorney's Fees, Cal Code of Civil Procedure, Litigation Fees & Costs, Offer to Compromise, Prevailing Party

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Under Construction - June 2015

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the construction…more

Amended Legislation, Appeals, Architects, Construction Contracts, Construction Defects

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

ADA, Administrative Remedies, Department of Transportation (DOT), Discrimination, EEOC

See all updates »

Transgender Benefits Revisited?

In a series of tweets published on July 26, 2017, President Trump announced a ban on transgender service in the armed forces. In the wake of this reversal of government policy, employers may question the current state of…more

Affordable Care Act, EEOC, Employee Benefits, Employer Group Health Plans, HHS

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Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not…more

Browning-Ferris Industries of California Inc., CA Supreme Court, Contract Drafting, Control Test, Corporate Branding

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Intellectual Property Ownership: when you don’t know what you DON’T have (Part I)

In our last communication entitled “Intellectual Property: when you don’t know what you have,” we explored how businesses often fail to recognize valuable IP rights they own, and therefore, fail to appropriately protect those…more

Copyright, Intellectual Property Protection, Patents, Trademarks

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, DOL, EEOC, Employment Contract, Non-Disparagement Provisions

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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

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Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of…more

Air Pollution, Air Quality Standards, Appeals, Clean Air Act, Deadlines

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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, DOJ, Filing Requirements, FTC, Hart-Scott-Rodino Act

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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

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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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

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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

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Making Informed Decisions About Informed Consent

Patients have come to expect that they will be actively involved in making decisions about their health care. Informed consent aids patient involvement and provides a process whereby a health care provider discusses a treatment…more

Health Care Providers, Informed Consent, Medical Malpractice, MO Supreme Court, PA Supreme Court

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In Government's Shoes: The Continuing Force Behind the False Claims Act & Qui Tam Complaints

To combat fraud by contractors selling faulty war supplies to the Union Army, in 1863 President Abraham Lincoln signed into law the False Claims Act (the “FCA”). Designed to root out fraud on the federal government, this act…more

False Claims Act (FCA), Federal Contractors, Qui Tam, Whistleblowers

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Update: Second Round of NAFTA Negotiations Concludes - Progress Made?

The second round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded earlier this month. While official statements from the countries indicated that all three…more

Canada, Country of Origin, Cross-Border Transactions, Exports, Foreign Relations

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Time to Review Your Non-Competition Agreements in Light of New Nevada Statutory Amendments

On June 3, 2017, the Governor of Nevada signed Assembly Bill 276 into law, making substantial changes to Nevada Revised Statute (“NRS”) 613, which governs non-competition agreements. The amendments are notable for not only…more

Amended Legislation, Confidential Information, Corporate Counsel, Intellectual Property Protection, Non-Compete Agreements

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What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by expediting…more

Environmental Impact Report (EIR), Environmental Review, Executive Orders, Expedited Actions Process, FERC

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Mandatory Employee Arbitration Heads to the U.S. Supreme Court

Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought…more

Class Action Arbitration Waivers, Employment Contract, Epic Systems Corp v Lewis, Ernst & Young v Morris, Mandatory Arbitration Clauses

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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 »

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 »

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

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Key Changes In The Nevada Rules Of Appellate Procedure

The past year has brought more changes to the Nevada Rules of Appellate Procedure (NRAP) than several previous years combined. The creation of the new Court of Appeals resulted in substantial changes to the rules. Also of note…more

Appeals, Rules of Appellate Procedure

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The Trump Administration Delivers Much Needed Relief to the Coal Industry

During the first six months of the new Administration, President Trump has delivered much needed relief to the coal industry. The President and Congress have been particularly effective at rolling back policies proposed at the…more

Coal, Coal Industry, Energy Policy, Environmental Impact Report (EIR), Environmental Policies

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Transgender Issues in the Workplace: Legal Issues and Considerations for Companies

Over this past year, there has been an increasing amount of attention on transgender persons both in the media and in the law. Garnering particular attention, North Carolina passed Senate Bill 2 which prohibits students and…more

Anti-Harassment Policies, Civil Rights Act, Discrimination, Employee Restrooms, Gender Discrimination

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 »

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The…more

Attorney's Fees, AZ Supreme Court, Breach of Contract, Breach of Warranty, Construction Industry

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Occupational Opaqueness: The Uncertain Future of OSHA Regulation and the Electronic Recordkeeping and Reporting Rule

The Occupational Safety and Health Administration (OSHA) is still without an agency head six months into the presidency of Donald Trump. As such, the future of OSHA is unclear in light of the president’s promises of less…more

Electronic Filing, Employer Liability Issues, OSHA, Presidential Nominations, Recordkeeping Requirements

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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

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Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The court…more

Copyright, Copyright Infringement, Copyright Litigation, Exclusive Licenses, License Agreements

See all updates »

Could Innocent Employers Go to Jail? Sex, Gender Identity and Phoenix’s New Criminal Ordinance

Opponents of newly approved amendments to the city of Phoenix’s Human Relations Ordinance (the Ordinance) had worried that the amendments could result in criminal penalties for employers and others who might bar transgender…more

Disability Discrimination, Discrimination, Gender Discrimination, Penalties, Sexual Orientation Discrimination

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VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in the…more

Automotive Industry, CARB, Carbon Emissions, China, Clean Air Act

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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

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WannaCry: What to Know and What to Do

On Friday, May 12, 2017, a malicious ransomware program known as WannaCry was discovered infecting computer systems all over the world. It set off alarms globally, and so far has infected over 200,000 computers across more than…more

Cyber Attacks, Cyber Crimes, Cybersecurity, FBI, Hackers

See all updates »

Intellectual Property Ownership: when you don’t know what you DON’T have (Part I)

In our last communication entitled “Intellectual Property: when you don’t know what you have,” we explored how businesses often fail to recognize valuable IP rights they own, and therefore, fail to appropriately protect those…more

Copyright, Intellectual Property Protection, Patents, Trademarks

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 »

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 »

SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage

Summary of SB-30 - Senate Bill 30 California-Mexico Border: Federally Funded Infrastructure (“SB-30”) was introduced on December 5, 2016 by Democrat Senator Ricardo Lara, who is its primary sponsor. SB-30 is an act to add a…more

Construction Industry, Discrimination, Federal Contractors, First Amendment, Infrastructure

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, Disclosure Requirements, Drug & Alcohol Abuse, Final Rules, HHS

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Say on Pay Failure Results 2017

Of the 7% of Russell 3000 companies that received “against” vote recommendations from ISS on their say on pay proposals this 2017 proxy season, some of the cited reasons for the negative vote recommendations from ISS consisted…more

Corporate Governance, Disclosure Requirements, Executive Compensation, ISS, Proxy Season

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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

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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 »

Arizona Enacts “Surprise Out-Of-Network” Balance Billing Law

Arizona has joined the national trend of trying to solve the “problem” of “surprise medical out-of-network bills.” The prevalence of this concern was reported in the New England Journal of Medicine which stated that 22% of…more

Department of Insurance, Dispute Resolution, Health Insurance, New Legislation, Out of Network Provider

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Nevada Supreme Court Reaffirms and Clarifies Sands Corp. Decision on Waiving Attorney-Client Privilege and the Work-Product Doctrine When Reviewing Documents to Refresh Recollection

Recently, we released a legal alert discussing the Nevada Supreme Court’s decision in Las Vegas Sands Corp. v. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 13 (February 27, 2014), which addressed the intersection of NRS 50.125 and…more

Attorney-Client Privilege, Federal Rules of Civil Procedure, Privilege Waivers, Testimony, Waivers

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Utah Legislative Update: 2015 Water Law Legislation

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of…more

Administrative Authority, Forfeiture, Legislative Agendas, Rebuttable Presumptions, Shareholders

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, Filing Requirements, FinCEN, Foreign Affiliates

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

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Governor Ducey Signs Zoning Bill Into Law; Positive News for Infill Development Industry

Great news for the Arizona infill development industry, as the long awaited “fix” to the three-quarters vote/supermajority statute (i.e. A.R.S. Section 9-462.04(G)) has finally made its way through the State Legislature and has…more

Infill Development, New Legislation, Real Estate Development, Urban Planning & Development

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Cross-Border Insolvency Proceedings: Recent Chapter 15 Filings in the United States

It is not surprising that the amount of Chapter 15 bankruptcy filings is growing in the global economy. Chapter 15 was added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is…more

Bankruptcy Code, Chapter 15, Commercial Bankruptcy, Cross-Border, Trade Agreements

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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

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Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not…more

Browning-Ferris Industries of California Inc., CA Supreme Court, Contract Drafting, Control Test, Corporate Branding

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Arizona Offers Rare But Limited Opportunity to Avoid Penalties and Interest, and Optional Payment Plan – Application Deadline: October 31, 2016

On the heels of a very successful program that ended less than a year ago, the Arizona legislature has required the Arizona Department of Revenue (ADOR) to establish and administer a second “tax recovery program” that can help…more

Department of Revenue, Filing Requirements, Income Taxes, Payment Plans, Penalties

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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

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A Death in the Family - Now What?

A death in the family is an emotional time, and often the task of closing out the decedent's life is an overwhelming and stressful responsibility left to the decedent's loved ones. Advance planning for the administration of your…more

Estate Tax, Executors, Probate, Trusts

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Someone Copied My Company’s Website Without Permission — What Can I Do About It?

You encounter a website that looks very similar to your company’s website. The similarities make clear that your website was copied. Even worse, it was copied by a competitor. Whether you hired a professional to design…more

Copyright Infringement, Copyright Registration, DMCA, Intellectual Property Protection, Technology

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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

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Nearly 50 Million Records Breached in California Since 2012

Earlier this month, the California Attorney General’s Office released the 2016 Data Breach Report covering years 2012 through 2015 for the State of California (the “AG’s Report”). The AG’s Report reveals that 557 data breaches…more

Attorney Generals, Cyber Crimes, Data Breach, Data Security, Hackers

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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

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SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra..…more

AMP v Myriad, Biotechnology, DNA, Healthcare, Human Genes

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The SEC Expands Enforcement Program Based Upon Standard Corporate Separation Agreements

We have alerted you on two prior occasions regarding the Securities and Exchange Commission (SEC) imposing substantial fines and other penalties based solely on “boilerplate” language commonly found in corporate severance…more

Civil Monetary Penalty, Employment Contract, Enforcement Actions, Hiring & Firing, SEC

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RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving marijuana…more

Adjacent Property Owners, Appeals, Covenant of Quiet Enjoyment, Dismissals, Federal v State Law Application

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Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s Title Policy To the Extent the Bid Exceeds the Collateral’s Fair Market Value

The Arizona Supreme Court recently addressed what impact, if any, a lender’s credit bid at an Arizona trustee’s sale has on an insurer’s liability under Sections 2, 7 and 9 of the standard’s lender’s title policy (“Policy”),…more

AZ Supreme Court, Credit Bids, Fair Market Value, Lenders, Title Insurance

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Apocalypse Now? Not Much Has Changed in the Last Six Months

It has almost been six months since the Trump administration came into power. At that time, energy and environmental stakeholders were either celebrating the advent of a period of progressive reform or lamenting the end of…more

Energy Policy, Energy Sector, Environmental Policies, Executive Orders, Rollbacks

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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

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2016 End of Year Plan Sponsor “To Do” List Qualified Retirement Plans (Part 3)

As 2016 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. Like last year, we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part 1 of the…more

401k, 403(b) Plans, Benefit Plan Sponsors, Defined Benefit Plans, Defined Contribution Plans

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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

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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

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Recent Developments with Respect to Conflict Minerals

In the Spring 2017 issue of our Corporate Communicator, we included a brief discussion of the status of the conflict minerals rules contained in Rule 13p-1 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”),…more

Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, First Amendment, Form SD

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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

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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

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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

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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

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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

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Update: Second Round of NAFTA Negotiations Concludes - Progress Made?

The second round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded earlier this month. While official statements from the countries indicated that all three…more

Canada, Country of Origin, Cross-Border Transactions, Exports, Foreign Relations

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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

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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

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Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed the…more

Amazon, Copyright, Copyright Infringement, Disney, DMCA

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California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break Pay

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are only…more

Appeals, Employer Liability Issues, IWC, Labor Code, Piece-Rate Pay

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Coming Soon: Bankruptcy Proofs of Claim Must be Filed Sooner and by More Claimants

Bankruptcy Rule 3002 is getting an update, which goes into effect on December 1, 2017. Creditors in a Chapter 7 (liquidation), Chapter 12 (family farmer), and Chapter 13 (individual reorganization) bankruptcy need to take heed…more

Chapter 12, Chapter 13, Chapter 7, Consumer Bankruptcy, Filing Requirements

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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

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Canadians Who Invested in U.S. LLPs and LLLPs Need to Rethink Their Choice of Entity

Historically, Canadian investors in U.S. partnerships benefitted from an extremely efficient income tax structure – i.e., a single level of tax, credit against Canadian taxes for taxes paid in the U.S., and an ability to qualify…more

Business Entities, Canada, CRA, Foreign Tax Credits, Investment

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A Death in the Family - Now What?

A death in the family is an emotional time, and often the task of closing out the decedent's life is an overwhelming and stressful responsibility left to the decedent's loved ones. Advance planning for the administration of your…more

Estate Tax, Executors, Probate, Trusts

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Arizona Residential Fall Protection Statute Repealed

By the actions of the Federal Occupational Safety and Health Administration (Federal OSHA), today the Arizona-specific residential fall protection statute has been repealed. Effective tomorrow, February 7, 2015, Arizona…more

Construction Accidents, Construction Project, Construction Workers, OSHA, Repeal

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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

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Sign those Real Estate Agreements!

The Statute of Frauds is a BIG deal in real estate transactions and litigation. (This is our second post about it already…)…more

Brokers, Buyers, Real Estate Market, Signatures, Statute of Frauds

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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

ADA, Criminal Background Checks, EEOC, Employment Discrimination, GINA

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WannaCry: What to Know and What to Do

On Friday, May 12, 2017, a malicious ransomware program known as WannaCry was discovered infecting computer systems all over the world. It set off alarms globally, and so far has infected over 200,000 computers across more than…more

Cyber Attacks, Cyber Crimes, Cybersecurity, FBI, Hackers

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HIPAA and the Cloud’s Shared Responsibility Models

Cloud-based service providers (CSPs), like Amazon Web Services and Microsoft Azure, offer online access to shared computing resources. As such, they have developed a “shared responsibility model” for how CSPs and companies that…more

Business Associates, Cloud Service Providers (CSPs), HIPAA, HIPAA Privacy Rule, PHI

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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

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New Trump Appointee at EPA Should Help Reduce Backlogs and Delays

United States EPA Administrator Scott Pruitt has hired Henry Darwin to serve the U.S. Environmental Protection Agency as its Chief of Operations. Under both Republican and Democrat administrations, as the Director of the Arizona…more

Deregulation, Environmental Policies, EPA, Presidential Appointments, Regulatory Reform

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Arizona Employers Must Post Minimum Wage Poster On or Before January 1, 2017

On November 8, 2016, Arizona voters approved Proposition 206, the Fair Wages and Healthy Families Act (“the Act”), raising the state's current $8.05 per hour minimum wage progressively over the next several years. Effective…more

Ballot Measures, Minimum Wage, Posting Requirements, Proposition 206, Wage and Hour

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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

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Year-End Reading List for PACs, Mega PACs & Others in Politics

As 2016 draws to a close, the holiday reading list for those involved with political action committees (PACs), mega political action committees (Mega PACs) and others in politics may include the comprehensive rewrite of…more

Campaign Finance Reform, Declaration, Disclosure Requirements, PACs, Political Contributions

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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

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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

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Just Like the Flu, Paid Sick Leave Laws Don’t Seem to Want to Go Away

The momentum on paid sick leave laws has not slowed down and states, counties and cities across the United States – and even the federal government – are continuing to propose and implement mandatory paid sick leave laws. So far…more

Earned Sick Time, Federal Labor Laws, Local Ordinance, Paid Leave, Paid Sick Leave Act

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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

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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

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“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

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Autonomous Vehicle Industry Advances in Arizona

Uber, the ride-sharing giant, recently announced that it was moving its smart-car operation from California to Arizona, a state with fewer regulations for driverless cars.  The day before the announcement, California’s…more

Driverless Cars, Operational Permits, Ridesharing, Uber

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Government Contracting and Executive Orders Under a Trump Administration (Part Two)

How will President-Elect Trump handle paid sick leave for federal government contractors? On the campaign trail, President-Elect Trump stated he would support six weeks of paid maternity leave. But the paid sick leave prescribed…more

Barack Obama, Collective Bargaining, Davis-Bacon Act, Executive Orders, Fair Pay and Safe Workplaces

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New IRS Notice Requirement for 501(c)(4) Organizations ** September 6 Filing Deadline Fast Approaching **

On July 8, 2016, the Internal Revenue Service (IRS) issued Revenue Procedure 2016-41 implementing a provision of the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”). The provision, Section 405 of the PATH Act,…more

501(c)(4), Filing Deadlines, IRS, Non-Profits, Notice Requirements

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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

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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, DOJ, Filing Requirements, FTC, Hart-Scott-Rodino Act

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“Show Me The Note” Claims Find New Life in Recent Arizona Decision

In Steinberger v. McVey, the Arizona Court of Appeals breathed life into what most would label standard “show me the note” claims, in which borrowers challenge their lenders’ authority to foreclose, despite admitting their…more

Foreclosure, Mortgage Loan Servicing Standards, Mortgages

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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

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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, Filing Requirements, FinCEN, Foreign Affiliates

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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

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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

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Offensive Discovery after Strudley and Changes to the Colorado Rules of Civil Procedure

Toxic tort cases often involve real property, especially in areas with large mining and energy sectors like the West and Southwest. The cases frequently have large potential damage values and require extensive discovery…more

CO Supreme Court, Contamination, Discovery, Energy Sector, Expert Witness

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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)

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Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Where a case is heard can make a critical difference to a company that is being sued. Will the company have the “home court” advantage and a jury that will know the company’s business, that the company employs people in the…more

Contract Terms, Forum Selection, Jurisdiction, Litigation Strategies, Personal Jurisdiction

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Arizona Offers Rare But Limited Opportunity to Avoid Penalties and Interest, and Optional Payment Plan – Application Deadline: October 31, 2016

On the heels of a very successful program that ended less than a year ago, the Arizona legislature has required the Arizona Department of Revenue (ADOR) to establish and administer a second “tax recovery program” that can help…more

Department of Revenue, Filing Requirements, Income Taxes, Payment Plans, Penalties

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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

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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

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Pacing in Construction Scheduling Disputes

On a high level, construction delay litigation involves sorting out the impacts to the critical project path and determining which party is responsible for those impacts. One of the more difficult elements of this process is…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Project

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The Yates Memo, Ten Months Later: What We Know and What To Do

Although the Yates Memo is now ten months old, senior executives and in-house counsel still do not have clarity about how the Department of Justice (“DOJ”) will apply the Memo’s principles to corporate investigations. On June…more

Cooperation, Corporate Misconduct, DOJ, Export Controls, False Claims Act (FCA)

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IRS Issues Hurricane Harvey Relief

In Announcement 2017-11, the IRS relaxed standards for hardship distributions and loans from qualified retirement plans for those affected by Hurricane Harvey. This relief applies to employees or former employees and their…more

Employee Contributions, FEMA, Hardship Distributions, Hurricane Harvey, IRS

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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, EEOC, Retaliation, Task Force, Workplace Harassment Guidance

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Nevada’s Direct Primary Care Crisis

In 2012, Turntable Health opened its doors in downtown Las Vegas with one goal—providing preventive healthcare at a reasonable cost. As a direct primary care (“DPC”) clinic, Turntable Health offered unlimited access to primary…more

Affordable Care Act, Health Care Providers, Health Insurance, Healthcare Facilities, Physicians

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New Federal Overtime Exemption Rule Will Become Effective December 1, 2016

The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become effective…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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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)

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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

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If the Defend Trade Secrets Act Becomes Law, How Will it Affect Trade Secrets in Arizona?

If enacted, the federal Defend Trade Secrets Act (“DTSA”) could change how some trade secret misappropriation claims are litigated in Arizona. Trade secret plaintiffs generally must bring claims for misappropriation in state…more

Defend Trade Secrets Act (DTSA), Discovery, Jurisdiction, Misappropriation, Remedies

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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 »

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

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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

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D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United…more

Appeals, Clean Water Act, Coal Mines, EPA, Final Guidance

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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

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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

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New Form I-9 Released

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form is available here. Form I-9 is used for verifying the identity and…more

Employment Eligibility Verification, Foreign Workers, Hiring & Firing, I-9, Immigrants

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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

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Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally. In…more

Affirmative Defenses, Amended Complaints, Anti-Deficiency Provisions, Creditors, Final Judgment

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Arizona Offers Rare But Limited Opportunity to Avoid Penalties and Interest, and Optional Payment Plan – Application Deadline: October 31, 2016

On the heels of a very successful program that ended less than a year ago, the Arizona legislature has required the Arizona Department of Revenue (ADOR) to establish and administer a second “tax recovery program” that can help…more

Department of Revenue, Filing Requirements, Income Taxes, Payment Plans, Penalties

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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

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Wellness Incentives Under Scrutiny After District Court Decision

In the most recent updates to the AARP v. EEOC wellness case (AARP v. EEOC, D.D.C., No. 1:16-cv-02113), the District Court for the District of Columbia has ordered the Equal Employment Opportunity Commission (“EEOC”) to review…more

AARP, ADA, EEOC, Employee Incentive Plans, GINA

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The “Ugly” Property Next Door is Ruining My Property Value

Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and…more

Diminution in Value, Land Owners, Nuisance, Private Nuisance, Property Owners

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Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of…more

Certificate of Public Convenience and Necessity, Policies and Procedures, Public Utilities Commission, Regulatory Agenda, Utility Sector

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EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed…more

Clean Water Act, Clean Water Rule, EPA, Notice and Comment, Popular

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Impact of Delaware Fee-Shifting Provisions on Derivative Actions in California

A recent decision in the Delaware Supreme Court, in conjunction with the broad California exceptions to the internal affairs doctrine, may dictate the legal landscape of shareholder litigation in California in the near future…more

Bylaws, Derivative Suit, Fee-Shifting, Foreign Corporations, Forum Selection

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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

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Under Construction - September 2013: Utah’s Economic Loss Rule

In Utah, a plaintiff must generally in be in privity with the “original contractor, architect, engineer or real estate developer” to bring an “action for defective design or construction.” Utah Code Ann. §78 B-4-513(4). This…more

Assignments, Construction Defects, Design Defects, Economic Loss Doctrine, Privity of Contract

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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

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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

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A House of Cards: How Much Copyright Protection Remains for Architectural Works

Although copyright protection in the United States was extended to architectural works in 1990, this protection has become increasingly narrow. A recently issued Eleventh Circuit opinion, Arthur Rutenberg Homes, Inc. v. Jewel…more

Architects, Architectural Copyrights, Architecture, Construction Industry, Copyright

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Nevada Gaming Regulators Warn Against Medical Marijuana

Just as the application process for newly legal medical marijuana licenses has begun, Nevada’s Gaming Control Board (GCB) has issued guidance that should concern any current or aspiring gaming licensee who is also interested in…more

Gambling, Gaming, Marijuana, Medical Marijuana

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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

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Someone Copied My Company’s Website Without Permission — What Can I Do About It?

You encounter a website that looks very similar to your company’s website. The similarities make clear that your website was copied. Even worse, it was copied by a competitor. Whether you hired a professional to design…more

Copyright Infringement, Copyright Registration, DMCA, Intellectual Property Protection, Technology

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Nevada Supreme Court Issues Important Opinions Concerning Nevada’s Minimum Wage

On October 27, 2016, the Nevada Supreme Court published two opinions that directly affect Nevada employers and workers. Both dealt with Nevada’s Minimum Wage Amendment (MWA), an amendment added to the Nevada Constitution in 2006…more

Constitutional Amendment, Employer Group Health Plans, Minimum Wage, NV Supreme Court, Statute of Limitations

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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

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Patience and Perseverance Paves the Way for Air-izona

John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions…more

Clean Air Act, EPA, Exceptional Events Rule (EER), Exemptions, Final Rules

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Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April…more

Appeals, Banks, Choice-of-Law, Commercial Mortgages, Conflicts of Laws

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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, FTC, Hackers, Internet of Things

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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

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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 Ai