Snell & Wilmer

U.S. Supreme Court Expands Whistleblower Protections for Employees of Private Companies

In an opinion issued on March 4, 2014, the U.S. Supreme Court extended the whistleblower protections of the Sarbanes-Oxley Act to employees of private companies that do business with public companies, such as investment…more

Lawson v FMR, Sarbanes-Oxley, SCOTUS, Subcontractors, Whistleblower Protection Policies

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Beyond the CDC Guidelines – Additional Preparations for Ebola Virus

The Centers for Disease Control (CDC) has continually been issuing new guidelines for Ebola screening and treatment. Several states have differed with the CDC to require stricter procedures.[1] The incongruity and media…more

CDC, Ebola, Safety Precautions

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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 - June 2013: Colorado’s Anti-Indemnity and Additional Insured Law

The Colorado anti-indemnity statute significantly affects the enforceability of indemnification provisions in Colorado construction contracts. With some limited exceptions, construction contracts imposing broad indemnity…more

Additional Insured, Choice-of-Law, Contract Drafting, Contract Interpretation, Indemnification

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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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Final Wellness Rules May Require Review of Existing Wellness Programs

Final wellness regulations were issued by the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) on June 3, 2013 and apply to employer-sponsored group health plans for plan years beginning on or…more

Affordable Care Act, DOL, Employer Group Health Plans, Employer Mandates, Healthcare

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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 Clause, SCOTUS

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Warrantless Searches of Electronic Communication

Recent news about federal executive agencies obtaining information on private citizens without warrants has many Americans concerned about an erosion of civil liberties. Both the Internal Revenue Service (IRS) and the National…more

Email, Fourth Amendment, IRS, NSA, Right to Privacy

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Integrated Health in Limbo After U.S. District Court Decision

In January, a U.S. District Court judge for the District of Idaho ordered St. Luke’s Health System Ltd. (St. Luke’s) to unwind a recent acquisition of a physician group because the deal violated federal and state antitrust laws…more

Acquisitions, Antitrust Litigation, Healthcare, Hospitals, St. Luke's

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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

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“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, Environmental Policies, Land Developers

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Protecting food industry innovations as the scope of patentable subject matter narrows

Strong intellectual property increases the value of a company. Copyrights, trademarks, patents, and trade secrets are some avenues to protect intellectual property, but understanding when they’re available and understanding…more

Alice Corporation, Bilski, Confidential Information, Draft Guidance, Food Manufacturers

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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-Based Services, COPPA, Data Centers, Data Protection, Gramm-Leach-Blilely Act

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Corporate Communicator - Fall 2015: SEC Proposes Rules for the Clawback of Executive Compensation

In this issue of the Corporate Communicator, we bring you an article about the SEC’s recently released proposal to adopt rules for the clawback of executive compensation. The proposal is already controversial and it may prove to…more

Board of Directors, Clawbacks, Corporate Officers, Disclosure Requirements, Dodd-Frank

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Mixology 101: Blending Trade Secret Protections and Fracking Chemical Reporting

Whether you live in the East, the Great Plains, the Southwest, or the Rocky Mountain West, the oil and gas industry’s use of hydraulic fracturing or “fracking” in oil and gas development is something you have likely heard a lot…more

Fracking, Oil & Gas, Popular, Reporting Requirements, Trade Secrets

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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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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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California’s Wage Orders: Landmines and Goldmines

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages and…more

Class Action, Exempt-Employees, IWC, Misclassification, Non-Exempt Employees

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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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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, P3s, Public-Private Partnerships

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Debt Recovery & Collection: USA

Originally published in Lawyer-Monthly.com - Legal Focus, November 2012. Looking further into the issues surrounding debt recovery and collection, Lawyer Monthly turns its attention towards the US and speaks to Laura Ellen…more

Creditors' Rights, Debt Settlement Services

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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

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Late but Not Forgotten: The DOL’s White-Collar Proposal

On May 5, 2015, the U.S. Department of Labor (DOL) finally sent its proposed overtime rule to the White House Office of Management and Budget (OMB) for review, which comes nearly six months later than initially expected…more

Classification, Compliance, DOL, FLSA, Minimum Salary

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King v. Burwell – Supreme Court Confirms Tax Subsidies are Available in All States

In an earlier blog post this year, I discussed the King v. Burwell case and the possible ramifications if the United States Supreme Court did not uphold the Internal Revenue Service position that residents in states with either…more

Affordable Care Act, Employer Mandates, Health Insurance, Health Insurance Exchanges, Individual Mandate

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PCI-DSS 3.0's Focus on the Data Security Practices of Service Providers

Preventing the unauthorized access to and fraudulent use of credit and debit cards has been a high priority of the payment card industry for years. As the threat environment evolves, so too do the applicable data security…more

American Express, Banks, Consumer Fraud, Credit Cards, Data Protection

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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

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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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Supreme Court Invalidates Voting Rights Act Formula: Arizona and Other Covered Jurisdictions Are No Longer Subject to the Preclearance Requirement

The United States Supreme Court (the Court) struck down part of the Voting Rights Act (the Act) this week, freeing nine states, including Arizona, and dozens of counties from federal oversight of their voting laws…more

Preclearance, SCOTUS, Shelby v Holder, Voting Rights Act

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Supreme Court to Review Tribal Jurisdiction Case that Could Impact Doing Business in Indian Country

In its next term, the United States Supreme Court will hear its first case addressing the limits of tribal jurisdiction in seven years, having granted a petition for a writ of certiorari to Dolgencorp and its parent company,…more

Certiorari, Corporate Counsel, Jurisdiction, Native American Issues, SCOTUS

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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

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Federal Funding for Water Projects and Indian Water Settlements

In recent years, the parties proposing Indian water settlements have struggled to find federal funding, and budget offsets, to pay for settlement projects. But a concurrent by the House and Senate Budget Committee may pave a…more

Federal Funding, Legislative Committees, Native American Issues, Tribal Lands

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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

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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, Discrimination, EEOC

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Corporate Communicator - Winter 2015

Dear clients and friends, We present to you 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…more

Annual Reports, Corporate Governance, Proxy Season, Reporting Requirements, SEC

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The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons…more

Best Practices, Cybersecurity, Data Breach, DOJ, New Guidance

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Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors

Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1 billion…more

Casinos, Indian Gaming, Indian Gaming Regulation Act, Tribal Governments

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Give Me Back My Books and Records: Application of Rule 41(g) in Response to Federal Search Warrants

In the past decade, federal law enforcement has been more aggressive in white collar investigations in utilizing search warrants, as opposed to subpoenas, to seize a company’s books and records. The statute of limitations for…more

Books & Records, Electronically Stored Information, Fourth Amendment, Search Warrant

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U.S. Supreme Court Finds That SOX’s Anti-Shredding Provision Does Not Apply To Fish

When one thinks of the Sarbanes-Oxley Act of 2002 (SOX)—a law created to restore trust in the financial markets following the collapse of Enron—red grouper is not usually the first thing that comes to mind. Nevertheless, the…more

Destruction of Evidence, Duty to Preserve, Fishing Industry, Sarbanes-Oxley, SCOTUS

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The Obama Administration and EPA Issue Aggressive Clean Power Plan to Reduce Carbon Dioxide Emissions from Existing Power Plants

On August 3, 2015, President Barack Obama and the United States Environmental Protection Agency (EPA) issued their final Clean Power Plan rule, which imposes requirements on states and tribes to reduce carbon dioxide emissions…more

Barack Obama, Carbon Emissions, Clean Power Plan, EPA, Power Plants

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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

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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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Office of the Solicitor Issues Carcieri “Fix” Opinion

In response to the United States Supreme Court’s ruling in Carcieri v. Salazar, 555 U.S. 379 (2009), the Office of the Solicitor for the United States Department of the Interior issued a memorandum opinion on March 12, 2014,…more

Department of the Interior, Federal Jurisdiction, SCOTUS, Tribal Governments, Tribal Lands

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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, Federal Contractors, Qui Tam, Whistleblowers

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Lessons Learned in 2012

As one calendar year ends and the next begins, it is natural to look back to take an inventory of lessons learned and to look forward in an attempt to implement such lessons. The year 2012 certainly had its fair share of wisdom…more

Board of Directors, Business Judgment Rule, Compensation Committee, Cyber Insurance, Cybersecurity

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Beyond the CDC Guidelines – Additional Preparations for Ebola Virus

The Centers for Disease Control (CDC) has continually been issuing new guidelines for Ebola screening and treatment. Several states have differed with the CDC to require stricter procedures.[1] The incongruity and media…more

CDC, Ebola, Safety Precautions

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Delaware Legislature Rejects Fee-Shifting Bylaws for Stock Corporations

On June 24, Delaware’s Governor signed Senate Bill No. 75 into law and closed the door on the tantalizing prospect of fee shifting (“loser pays”) bylaws for Delaware stock corporations. The full text of the bill can be read…more

American Rule, ATP Tours, Bylaws, Delaware General Corporation Law, Fee-Shifting

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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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The Consumer Financial Protection Bureau Finalizes the Ability-To-Repay and Qualified Mortgage Rule

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) amended the Truth in Lending Act (TILA) to provide for an expanded ability-to-repay requirement for the mortgage lending industry. The Consumer Financial…more

Ability-to-Repay, Borrowers, CFPB, Damages, Lenders

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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

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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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Marriage Equality – Law Of The Ninth Circuit And Law Of The Land

Sometimes, things become clear when you are forced to explain them in simple terms. As I prepared to travel to San Francisco last September to join the legal team at oral argument before the Ninth Circuit Court of Appeals, I…more

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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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Changes Affecting Employers’ CFRA Policies and Procedures Begin Today

On July 1, 2015, the recent amendments to the California Family Rights Act (“CFRA”) regulations go into effect. Employers who are covered by the CFRA should be aware of these changes as they will impact how they handle family…more

Amended Regulation, CFRA, DFEH, Employee Rights, Employment Policies

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Changes to Arizona Purchaser Dwelling Act Affect Sellers and Construction Professionals

In its last session, the Arizona legislature amended the statutes governing Purchaser Dwelling Actions, A.R.S. 12-1361 et seq., and Homeowner Association Dwelling Actions, A.R.S. 33-2001 et seq., relating to claims against…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Property Owners

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Under Construction - September 2013: California’s Economic Loss Doctrine – Limits on Tort Recovery

In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly…more

Breach of Contract, Contract Disputes, Economic Loss Doctrine, Recovery Laws

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Homebuilders Do Not Owe a Duty of Care to Non-Original Homeowners

Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject to…more

Construction Defects, Construction Industry, Economic Loss Doctrine, Homeowners, Negligence

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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

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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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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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Summary of FDA’s Final Guidance on Dear Health Care Provider Letters

At the beginning of this year, the Food and Drug Administration (FDA) issued its final guidance on the content and format of Dear Health Care Provider (DHCP) letters. DHCP letters are correspondence, often in the form of a mass…more

Drug Manufacturers, FDA, Healthcare

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HOA Super Priority Legal Battles Continue in the Silver State: What Senate Bill 306 Means for Nevada HOAs, Lenders and Homeowners

In 1991, the Nevada Legislature enacted the Uniform Common-Interest Ownership Act (UCIOA) which had been promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) (the Statute). This law provides…more

Common Interest Ownership Act, Foreclosure, Homeowners' Association, Liens, Mortgage Lenders

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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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Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who…more

Administrative Authority, Consumer Information, Cybersecurity, Data Breach, Data Privacy

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“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, Environmental Policies, Land Developers

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What Happens When the Construction Contract is Not Signed and the Work is Underway?

Although it seems self-evident that participants to a construction project would not want to commence work without first obtaining signatures on a written contract, it happens all too frequently, even on big projects. At times,…more

Construction Contracts, Construction Industry, Contract Formation, Contractors, Draft Documents

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Corporate Communicator - Fall 2015: SEC Proposes Rules for the Clawback of Executive Compensation

In this issue of the Corporate Communicator, we bring you an article about the SEC’s recently released proposal to adopt rules for the clawback of executive compensation. The proposal is already controversial and it may prove to…more

Board of Directors, Clawbacks, Corporate Officers, Disclosure Requirements, Dodd-Frank

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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

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HIPAA Violation — Pharmacy Held Liable for Employee’s Misdeeds

Recently, the Indiana Court of Appeals let stand a $1.4 million jury verdict against a national pharmacy chain for its employee pharmacist’s unauthorized disclosure of a customer’s confidential medical records.  Given the “deep…more

Appeals, HIPAA, Jury Verdicts, Patient Confidentiality Breaches, Pharmaceutical

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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

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Exclusive Dealing Agreements: Ease of Termination on Par With Duration

As a general principle, exclusive dealing agreements spanning less than one year in duration do not violate state or federal antitrust laws, regardless of the parties’ market power. However, a recent decision from a federal…more

Antitrust Litigation, Exclusive Dealing Agreements

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Under Construction - September 2013: New Mexico’s Economic Loss Rule—It Exists, but Its Limits are To Be Determined

In Utah International, Inc. v. Caterpillar Tractor Co., 108 N.M. 539, 775 P.2d 741 (Ct. App. 1989), the New Mexico Court of Appeals adopted, for the first time, the economic loss rule in New Mexico. The defendant designed,…more

Construction Disputes, Economic Loss Doctrine

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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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Nevada Construction Law Developments in 2014

This is an off year for Nevada’s biennium legislative session; but even though the Legislature was quiet, Nevada’s electorate was not. Nevadans approved State Question No. 1 at the ballot box. This measure amends the Nevada…more

Commercial Bankruptcy, Construction Defects, Construction Industry, Corporate Taxes, Liens

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Double Exposure: Keeping Your Confidential Information Out of the Public Eye in the Wake of Apple v. Samsung

The issues that a court must address in determining whether to seal the record in a patent case present an interesting counterpoint to most other aspects of high-stakes litigation, in which one typically finds adversaries…more

Apple, Apple v Samsung, Design Patent, Patents, Samsung

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Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know

The U.S. International Trade Commission (“ITC” or “the Commission”) is an important venue for patentees. Cases are guaranteed a decision within sixteen months of the institution of the investigation and success provides…more

eBay Test, ITC, Patents, Section 337, Tariff Act of 1930

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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, International Trade Agreements

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Taking The Leap: Bringing A Foreign Brand To The United States

Increasingly, franchise concepts that begin in one country soon find that expansion involves not only domestic growth, but also development in other jurisdictions including the United States. Over the past decade, advances in…more

Brand, Foreign Corporations, Franchises

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Employer Identification Numbers: Updating Responsible Party Information

When filing for an Employer Identification Number (EIN), which is required for purposes of tax administration, the applicant must disclose the name and taxpayer identification number (e.g., Social Security Number, Individual Tax…more

EIN, IRS, Responsible Party

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Estate Planning in 2014

Exemptions and Rates - On Jan. 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (ATRA) into effect to avoid the “fiscal cliff,” setting the unified Federal gift and estate tax exemption at $5…more

American Taxpayer Relief Act, Barack Obama, Estate Planning, Estate-Tax Exemption, Fiscal Cliff

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Business Dispute Navigation

“Business dispute navigation” — what is it? “WINNING” Many American lawyers — inside and outside counsel alike — tend to divide the world into those who “litigate” and those who don’t. The term “litigation”…more

Business Disputes, Business Litigation

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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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Privacy Policy Impacts RadioShack’s Sale of Customer Information

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over the…more

Asset Purchaser, Commercial Bankruptcy, Creditors, Customer Lists, Debtors

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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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Social Media Concerns Potentially Affecting Arizona’s Real Estate Industry

A growing number of governmental authorities are cracking down on the use of social media with regard to commercial transactions. In Arizona, for example, legislation was proposed restricting an employer’s right to access…more

Commercial Tenants, Fair Housing Act, Landlords, Proposed Legislation, Real Estate Agents

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Multi-Agency Investigation Successfully Targets Arizona and Utah Construction Companies’ Misclassification of Employees

Sixteen Arizona and Utah companies accused of misclassifying more than 1,000 construction workers agreed to pay $700,000 in back wages and penalties after a multi-year, multi-agency investigation led to consent judgments, which…more

Consent Order, Construction Industry, Construction Workers, Employee Definition, Employer Liability Issues

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Church Property Tax Liability in Arizona for Commercial Leases

Arizona House Bill 2128, which was signed into law by Governor Doug Ducey on March 23, 2015, has potential impact on the commercial real estate leasing market. The bill enables owners of real property that is leased to…more

Churches, Commercial Leases, Leases, Property Tax, Tax Exemptions

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The Learned Intermediary Defense Advances in Nevada

The learned intermediary doctrine can be a legal defense against product liability claims. It is most commonly applied in cases involving drugs and medical devices. A learned intermediary is a medical expert, such as a…more

Defense Strategies, Learned Intermediary, Medical Devices, Pharmaceutical Manufacturers, Pharmacies

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Guarantors Can Waive Anti-Deficiency Protections

In Arizona, guarantors can now be held liable for deficiencies even where borrowers avoid liability due to Arizona’s anti-deficiency statute. Arizona courts have been active in the last few years in addressing the law…more

Anti-Deficiency Provisions, Foreclosure, Guarantors, Trustee Sales

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Summary of California’s Prompt Payment Laws

The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh…more

Construction Contracts, Construction Industry, Contractors, General Contractors, New Legislation

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Corporate Communicator - Fall 2015: SEC Proposes Rules for the Clawback of Executive Compensation

In this issue of the Corporate Communicator, we bring you an article about the SEC’s recently released proposal to adopt rules for the clawback of executive compensation. The proposal is already controversial and it may prove to…more

Board of Directors, Clawbacks, Corporate Officers, Disclosure Requirements, Dodd-Frank

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The IRS Takes Aim at De-Risking of Defined Benefit Plans

Many defined benefit plan sponsors are looking for ways to reduce the on-going liability and the volatility of the annually required contributions to their defined benefit plans, which is sometimes referred to as “de-risking.” …more

Annuities, Benefit Plan Sponsors, De-Risking, Defined Benefit Plans, Internal Revenue Code

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California Court of Appeal Decision May Signal the End of Piece-Rate Compensation Plans

Many employers pay their employees on a piece-rate basis, meaning employees are paid a set amount based on the tasks they perform rather than the hours they work (e.g., assembly line employee paid $1 for every widget he…more

Minimum Wage, Minimum Wage Laws, Piece-Rate Pay, 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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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

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Rounding the Circle: A young attorney becomes the champion her immigrant family never had

I was eight, and I remember we would always leave at dusk, driving south from Akron to the Ohio town where this man lived. When we arrived it would be dark, and we would park across the street, my parents and I perched in our…more

Young Lawyers

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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, Federal Contractors, Qui Tam, Whistleblowers

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Corporate Communicator - Fall 2015: SEC Proposes Rules for the Clawback of Executive Compensation

In this issue of the Corporate Communicator, we bring you an article about the SEC’s recently released proposal to adopt rules for the clawback of executive compensation. The proposal is already controversial and it may prove to…more

Board of Directors, Clawbacks, Corporate Officers, Disclosure Requirements, Dodd-Frank

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SEC Update

PROXY SEASON PREVIEW - Say-on-Pay and Equity Compensation Plans - Although say-on-pay votes are only advisory in the United States, they will likely continue to be a focus for many companies in the upcoming 2014…more

Board of Directors, Clawbacks, Conflict Mineral Rules, Corporate Governance, Disclosure Requirements

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Mitigating Theft of Trade Secrets

In today’s complex global economy, competition is fierce. For many businesses, trade secrets are their single most important and valuable asset, and strong protection of that asset is paramount. In the same regard, trade secret…more

Bring Your Own Device, Cybersecurity, Data Protection, Theft, Trade Secrets

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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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FINRA Fines Financial Firm for Failing to Encrypt Customer Data on Lost Laptop

Like other federal agencies exercising regulatory power in the data privacy and security arena, the Financial Industry Regulatory Authority (“FINRA”) is cracking down on firms that fail to meet required data security practices…more

Data Breach, Data Protection, Encryption, Enforcement Actions, FINRA

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Arizona Attorney General Opinion Embraces Taxpayer-Funded (Political) Advocacy: Potential Pitfalls for Businesses and Nonprofits

The Office of the Arizona Attorney General recently sparked debate by issuing an opinion advising two county attorneys that they may use public resources to disseminate messages about the dangers of marijuana use ahead of the…more

Attorney Generals, Campaign Contributions, Decriminalization of Marijuana, Marijuana, Non-Profits

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Construction Bonds and Subguard Insurance

In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained subcontractor…more

Construction Contracts, Construction Industry, Contractors, General Contractors, Liability Insurance

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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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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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The FDIC Reigns “Supreme” in Nevada

For several years, Nevada Courts have considered a myriad of issues related to how Nevada law applies to loans made by banks that are later take over by the FDIC. In the past eight months, the Nevada Supreme Court has addressed…more

Banking Sector, Banks, FDIC, FIRREA, Preemption

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New Overtime Regulations Will Impact Five Million Workers

For the first time in over a decade, the Department of Labor (Department) proposed updates yesterday to the federal Fair Labor Standards Act (FLSA) white collar overtime regulations. These changes will impact businesses…more

DOL, Exempt-Employees, FLSA, Human Resources Professionals, Multi-Factor Test

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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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Responding to the Ukraine Situation: A Time to Update All International Trade Policies and Agreements

Over the last several years, the United States and other countries have constantly changed international trade regulations in response to ongoing foreign events. Now, in response to the ongoing crisis in the Ukraine, President…more

Foreign Policy, Russia, Sanctions, Trade Policy, Ukraine

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Estate Planning in 2014

Exemptions and Rates - On Jan. 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (ATRA) into effect to avoid the “fiscal cliff,” setting the unified Federal gift and estate tax exemption at $5…more

American Taxpayer Relief Act, Barack Obama, Estate Planning, Estate-Tax Exemption, Fiscal Cliff

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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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Full Credit Bid Rule Bars Recovery for Wrongfully Enjoined Lender

On June 30, 2014, Judge James A. Teilborg, a Senior District Judge in Arizona, ruled that Tri City National Bank (“TCNB”) was not entitled to bond money posted by the plaintiffs after TCNB was wrongfully enjoined from executing…more

Full Credit Bid, Lenders, Recovery Laws, Trustee Sales

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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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Newest Food Safety Rules Approach Deadline

In June, a federal judge in California ordered the U.S. Food and Drug Administration (“FDA”) to issue proposed rules for the Food Safety Modernization Act (“FSMA”) by November 30, 2013. In July, the agency requested an extension…more

Deadlines, FDA, Food Safety, FSMA

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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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Employers’ Right to Restrict Non-Employees’ Access to Their Property

Can Non-Employees Be Denied Access to Employers’ Property? Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property. In…more

NLRA, NLRB, Private Property, Right to Picket, Trespass

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The Colorado Data Breach Law

Almost all U.S. states have laws about data security and what to do when there’s a data breach. Here is the Colorado law, which is codified at C.R.S. § 6-1-716, Who the law applies to. An individual or commercial entity…more

Data Breach, Notification Requirements

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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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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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Arizona Courts Lacks Authority To Stay Forcible Entry And Detainer Judgments When The Judgment Itself Is Not Pending Appeal

Can a court stay the execution of a Forcible Entry and Detainer (“FED”) action when the FED judgment itself is not appealed? The Arizona Court of Appeals recently addressed this question, holding that the court did not have the…more

Appeals, Stays

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United States Supreme Court Invalidates Aggregate Contribution Limits In Federal Campaign Finance Law

Yesterday the United States Supreme Court issued its decision in McCutcheon v. Federal Election Commission, invalidating federal statutory aggregate limits on the amount of money that an individual may contribute to all federal…more

Aggregation Rules, FEC, McCutcheon v. FEC, Political Contributions, SCOTUS

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The Clock is Ticking for California Employers to Comply with New Paid Sick Leave Requirements that Take Effect July 1, 2015

While the posting requirements for California’s new paid sick leave law under the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) took effect on January 1, 2015, the next step in the process – accrual of paid sick leave…more

Employment Policies, Healthy Workplace Act, Paid Leave, Sick Leave

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Workplace Word - November 2013: Avoiding Holiday Liability

‘Tis the season to be jolly. However, while you are enjoying the holiday cheer and a cup of hot chocolate, don’t forget to take a moment to assess the potential legal liability that this holiday season may bring. Seemingly…more

Civil Rights Act, Employer Liability Issues, Reasonable Accommodation, Religion, Religious Discrimination

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EEOC’s New Enforcement Guidelines Expand Employers’ Obligations Toward Pregnant Employees

In July 2014, the Equal Employment Opportunity Commission (EEOC), on a 3-2 vote, issued new “Enforcement Guidance” on pregnancy-related issues. These new Guidelines significantly expand employers’ obligations and expressly…more

EEOC, Employee Rights, Pregnancy, Pregnancy Discrimination

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Real Estate Lien Priority Case - Effect of Subordination Agreement on Junior Liens

In a recent decision, the Utah Supreme Court addressed a matter of first impression in Utah, namely, whether a subordination agreement between two senior lenders, which reversed the priority of their respective liens against…more

Countrywide, Junior Lenders, Lien Priority, Mortgages, Non-Parties

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United States Supreme Court Invalidates Aggregate Contribution Limits In Federal Campaign Finance Law

Yesterday the United States Supreme Court issued its decision in McCutcheon v. Federal Election Commission, invalidating federal statutory aggregate limits on the amount of money that an individual may contribute to all federal…more

Aggregation Rules, FEC, McCutcheon v. FEC, Political Contributions, SCOTUS

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Wage and Hour Division Targets Independent Contractors

Last week, the U.S. Department of Labor’s Wage and Hour Division released an Administrator’s Interpretation providing guidance on the misclassification of workers as independent contractors. The guidance sets forth a…more

Administrative Interpretation, DOL, Economic Realities Test, Employer Liability Issues, FLSA

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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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Fee Shifting Bylaw Facially Valid Under Delaware Law

On May 8, 2014, Delaware Supreme Court, en banc, answered four questions of law certified to it by the U.S. District Court for the District of Delaware and upheld the facial validity of a fee shifting provision in a Delaware…more

Antitrust Investigations, Antitrust Litigation, Breach of Duty, Bylaws, Fee-Shifting Statutes

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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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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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Disputes Over Interstate Compacts Increase

On December 29, 2014, a special master recommended that the U.S. Supreme Court find that Wyoming failed to make deliveries of Tongue River water to Montana in accordance with the Yellowstone River Compact. However, the special…more

Interstate Compacts, Water, Water Supplies

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Bona Fide Tenancies for a Term Remain Protected

A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states to…more

Eviction, Landlords, Tenants

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Successful Laches Defense Becoming Commonplace in Colorado

Boiler plate language in responsive pleadings often includes “Plaintiff’s claims are barred by the doctrine of laches” (or “The doctrine of laches bars Plaintiff’s claims” if you prefer the active voice). However, litigation of…more

Construction Loans, Defense Strategies, Laches, Real Estate Development, Statute of Limitations

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EPA Issues Proposed Rule to Significantly Reduce Carbon Dioxide Emissions

Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings…more

ASTM, Carbon Emissions, CERCLA, Clean Power Plan, Environmental Policies

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Developing Issues in Utah Construction Defect Litigation

Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)…more

Construction Defects, Construction Industry, Contractors, Equitable Tolling, Fiduciary Duty

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2015 Arizona Prime Contracting Transaction Privilege Tax Reform: Will This Third Annual Legislative Enactment (SB 1446) Bridge the Gap Until Complete Repeal is Politically Viable?

For three years in a row, the Arizona legislature has enacted significant changes to the Arizona state and local tax on construction activity, known as the “prime contracting” transaction privilege tax (TPT). If anything, this…more

Change Orders, Construction Industry, Department of Transportation, General Contractors, Pending Legislation

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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, HOA, Real Estate Development

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Nevada Legislature Passes Reform on General Contractor Liability for Unpaid Subcontractor Labor Benefits

The 2015 Nevada Legislature appears to have brought common sense reform to one of the state’s most controversial statutes – NRS 608.150 – which made “original contractors” liable to its subcontractor employees (or labor unions…more

Construction Industry, Contractors, Employee Benefits, General Contractors, New Legislation

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2013 End of Year Plan Sponsor “To Do” List Part 1 – Executive Compensation

As 2013 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part one of the…more

Benefit Plan Sponsors, Equity Compensation, Executive Compensation, Section 409A, Year-End Planning

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IRS Announces Changes to Determination Letter Process for Individually Designed Retirement Plans

In Announcement 2015-19, the IRS announced the elimination of the five year remedial amendment cycle for individually designed retirement plans effective as of January 1, 2017. This means that after January 1, 2017,…more

Compliance, Determination Letter, Document Review, Employee Benefits, IRS

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Pending FRCP 26(b) Amendment Will Change the Culture of Discovery

On April 29, 2015, Chief Justice John Roberts announced that the U.S. Supreme Court had adopted a package of amendments of Federal Rules of Civil Procedure. These amendments will take effect on December 1, 2015 unless Congress…more

Discovery, Federal Rules of Civil Procedure, FRCP 26(b)(1), Proposed Amendments, SCOTUS

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SEC Report: Just How Prepared are Broker-Dealers and Advisors for Cyber- Attacks?

On February 3, 2015, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) published a highly-anticipated summary of its examination sweep of 57 registered broker-dealers and…more

Broker-Dealer, Corporate Governance, Cyber Attacks, Cybersecurity, Data Use Policies

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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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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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Texas Supreme Court Reverses Lower Court’s Holding Excluding Construction Defect Claim From Coverage Under CGL Policy

In a victory for contractors, the Texas Supreme Court recently held that a contractor does not lose coverage under its commercial general liability (“CGL”) policy merely because it entered into a contract agreeing to perform its…more

Commercial General Liability Policies, Construction Defects, Construction Disputes

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Supreme Court Unanimously Resolves Circuit Split Regarding Notice Requirement for Truth in Lending Act Right of Rescission

In Jesinoski v. Countrywide Home Loans, Inc., decided January 13, 2015, the United States Supreme Court resolved a circuit split and clarified that borrowers need not file a complaint in order to invoke their right to rescind…more

Bank of America, Countrywide, Mortgage Lenders, Mortgages, Rescission

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Arizona Supreme Court Reinstates Increased Campaign Contribution Limits

Last Tuesday, the Supreme Court of Arizona issued an order in Arizona Citizens Clean Elections Commission v. Superior Court, No.CV-13-0341-PR (December 17, 2013), vacating the opinion of the Court of Appeals and lifting that…more

Political Campaigns, Political Contributions

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NLRB Expected to Issue Decision on “Joint Employers”

The National Labor Relations Board is expected to issue a decision in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard for finding that two or more entities constitute…more

Employer Liability Issues, Joint Employers, NLRB, Totality of Circumstances Test

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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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A perspective on the continuing saga of construction defects law

Ever since 2003, when comprehensive legislation was passed to address abuses in the pursuit by the plaintiff’s bar of windfalls from massively overstated litigation claims regarding alleged construction defects in the…more

Construction Defects, Construction Disputes, Legislative Agendas

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Snell & Wilmer Defends Ford Explorer Sport Trac Roof and Safety Canopy® System in California Federal Court Trial

Snell & Wilmer attorneys Dan Rodman, Jay Schuttert and Jonathan Murphy recently represented Ford Motor Company in the trial of a 2002 Ford Explorer Sport Trac rollover lawsuit in the United States District Court for the Central…more

Car Accident, Ford Motor, Jury Verdicts, Motor Vehicles, Product Defects

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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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Strategies for Success at the 2015 Legislative Session — How Your Business can get Its Voice Heard

The 78th Session of the Nevada Legislature will convene on February 2, 2015, for 120 days. As a true biennial state, the Nevada Legislature convenes every other year. In 1998 the voters approved a constitutional amendment…more

Business Taxes, Economic Development, Education Reform, Infrastructure, Legislative Agendas

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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 holds that Voluntary Payment Doctrine Prohibits a Party from Recovering Amounts Wrongly Paid to Homeowner’s Association in Order to Prevent Foreclosure

On September 30,2014, we posted “Lenders Beware: the Nevada Supreme Court Holds that Foreclosures of Homeowner’s Association Liens May Extinguish First Priority Deeds of Trust” which discussed the recent decision of SFR…more

Foreclosure, HOA Dues, Homeowners' Association, Lien Priority, Mortgage Lenders

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Bureau of Indian Affairs Proposes Regulations in Light of Patchak

Last year’s decisive (8-1) decision by the United States Supreme Court in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”) appeared to be a major blow to tribal gaming and other…more

Bureau of Indian Affairs, Indian Tribal Trusts, Proposed Regulation, Tribal Lands, Waiting Periods

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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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Arizona Court Clarifies Premise Liability

In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21, 2015),…more

Construction Industry, Contractors, Employer Liability Issues, Independent Contractors, Negligence

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President Obama Issues Long-Awaited Cybersecurity Executive Order

As President Obama delivered his fifth State of the Union speech to Congress on February 12, 2013, he simultaneously issued a highly anticipated Executive Order (“the Order”) focused on improving cybersecurity in the United…more

Barack Obama, CISPA, Cyber Attacks, Cybersecurity, Cybersecurity Framework

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The Obama Administration and EPA Issue Aggressive Clean Power Plan to Reduce Carbon Dioxide Emissions from Existing Power Plants

On August 3, 2015, President Barack Obama and the United States Environmental Protection Agency (EPA) issued their final Clean Power Plan rule, which imposes requirements on states and tribes to reduce carbon dioxide emissions…more

Barack Obama, Carbon Emissions, Clean Power Plan, EPA, Power Plants

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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 Clause

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Disputes Over Interstate Compacts Increase

On December 29, 2014, a special master recommended that the U.S. Supreme Court find that Wyoming failed to make deliveries of Tongue River water to Montana in accordance with the Yellowstone River Compact. However, the special…more

Interstate Compacts, Water, Water Supplies

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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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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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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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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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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

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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, Insurers, Negligence

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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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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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Does a title company owe a duty of care to third parties in the recording of legal instruments?

This is precisely the question that the Ninth Circuit recently certified to the Washington Supreme Court in Centurion Properties III, LLC v. Chicago Title Ins. Co. Facts of the Case - In this case, Centurion Properties…more

Appeals, Commercial Bankruptcy, Default, Duty of Care, Escrow Holders

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Inside Insight: How the FTC Approaches Data Breach Investigations

A data breach hurts in a myriad of ways – the tarnished image of the breached company, the diminished consumer trust and the bottom-line impact of remedial costs and lost business. The last thing a company already reeling from a…more

Cooperation, Data Breach, FTC, Government Investigations, Security and Privacy Controls

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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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Arizona Civil Verdicts 2014

Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that…more

Breach of Contract, Construction Defects, Counterclaims, Defamation, Jury Verdicts

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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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Invention: A Path To Financial Independence

Today’s economic world is fraught with uncertainty. Companies come and go in the blink of an eye. Employment is a gamble instead of a sure thing, even for experienced and talented workers. There is no solid ground. You could…more

Entrepreneurs, Inventions, Patents

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Homebuilders Do Not Owe a Duty of Care to Non-Original Homeowners

Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject to…more

Construction Defects, Construction Industry, Economic Loss Doctrine, Homeowners, Negligence

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Construction Law Developments in 2015 Colorado Legislative Session

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado…more

Arbitration, Common-Interest Communities, Construction Contracts, Construction Defects, Indemnification

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Successful Growth Through Acquisitions

Many midmarket companies have long recognized the need to grow their businesses by acquisition to supplement internal organic growth. Particularly, in the present challenging low growth economy, acquisition may be the only means…more

Acquisitions, Brand, Business Valuations, Recruitment Incentives, Supply Chain

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Excluding 100% of Gain From the Sale of Qualified Small Business Stock Acquired in 2013

If you own a small business, it may be easier to raise money in 2013. This is because, among the favorable tax breaks included under the American Taxpayer Relief Act (the “2012 Act”), there is a temporary extension of the 100%…more

Alternative Minimum Tax, American Taxpayer Relief Act, C-Corporation, Capital Gains, Income Taxes

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Arizona Contractors Confront Cardinal Change

The Cardinal Change Doctrine - The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to terminate…more

Change Orders, Construction Contracts, Construction Industry, Contract Disputes, Contractors

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Corporate Communicator - Winter 2015

Dear clients and friends, We present to you 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…more

Annual Reports, Corporate Governance, Proxy Season, Reporting Requirements, SEC

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Obtaining a Piece of the Pie: Small Business Preferences in Federal Contracts

The federal government is the single largest purchaser of goods and services in the world. Some of these purchases, of course, are for highly specialized goods or services produced or performed by large corporations. For the…more

Federal Contractors, Small Business

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Proxy Advisory Firms

Each January, our firm invites general counsel, CFOs, controllers, and other representatives of our public company clients, as well as other outside advisers to public companies, to a series of presentations focused on “hot…more

Bylaws, Coca Cola, Equity Plans, Exxon Mobil, Fee-Shifting

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The Steps in Responding to a Product Liability Case

“I’ve been sued…now what?” Read on to learn the basics of what you might expect throughout the life of a product liability lawsuit. The Beginning. Product liability lawsuits begin well before a lawsuit is filed…more

Trial Preparation

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California Water Law Update

To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control…more

Drought, Emergency Response, Executive Orders, Jerry Brown, Water Conservation

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Data Breach Costs Surge Again

In May 2015, the Ponemon Institute released its tenth annual Cost of Data Breach Study, sponsored by IBM. The study sets forth the average calculated cost for each lost or stolen record containing “sensitive and confidential…more

Cyber Attacks, Cybersecurity, Data Breach, Popular

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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

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Disgorgement Penalty for Unlicensed Contractors in California

California has some of the toughest penalties in the country for unlicensed contractors. An unlicensed contractor is not just a contractor without a license, but could also be a contractor who is not correctly licensed or a…more

Business & Professions Code, Construction Contracts, Construction Industry, Construction Project, Contractors

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AZ Court of Appeals Broadly Interprets Persons Entitled to Compensation From Arizona Residential Contractors’ Recovery Fund

It’s not just for homeowners anymore – Arizona Court of Appeals decides a resident of property owned by his trust may still receive compensation from the Arizona Residential Contractors’ Recovery Fund. A recent Arizona…more

Appeals, Construction Industry, Contractors, Property Owners, Revocable Trusts

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Arizona Supreme Court Holds That Property Owner Who Quarreled With Light Rail Construction Should Be Compensated For Lost Access

Late last week, the Arizona Supreme Court handed down a decision that clarified the rights of property owners who lose access to an abutting road and, in the process, reinforced the principle that both elimination and…more

Easements, Eminent Domain, Property Owners, Right of Access, Summary Judgment

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Vendees' Liens—Construction Lenders Beware!

A recent Arizona Court of Appeals decision highlights a lien priority risk for secured construction lenders when the financed project fails. The problem—known as a “vendee lien”—is most likely to arise when up-front deposits are…more

Appeals, Condominiums, Construction Industry, Construction Liens, Construction Loans

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Supreme Court to Review Tribal Jurisdiction Case that Could Impact Doing Business in Indian Country

In its next term, the United States Supreme Court will hear its first case addressing the limits of tribal jurisdiction in seven years, having granted a petition for a writ of certiorari to Dolgencorp and its parent company,…more

Certiorari, Corporate Counsel, Jurisdiction, Native American Issues, SCOTUS

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Disputes Over Interstate Compacts Increase

On December 29, 2014, a special master recommended that the U.S. Supreme Court find that Wyoming failed to make deliveries of Tongue River water to Montana in accordance with the Yellowstone River Compact. However, the special…more

Interstate Compacts, Water, Water Supplies

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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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Unintended Third-Party Beneficiaries Created Through Flow Down Clauses in Subcontracts

Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that the…more

Contract Drafting, Contractors, Flow Down Clause, Subcontractors, Third-Party Beneficiaries

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Lender’s Title Insurance: When Should Courts Measure the Fair Market Value of Property Affected by a Title Defect?*

Title insurance is designed to pay for damages caused by any defects to title that the title company should have discovered but did not. Lender’s title insurance protects lenders who lose money due to a title defect, which is…more

Fair Market Value, Title Insurance

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Tax credit increases what’s available for historic renovation

In May, Colorado Gov. John Hickenlooper signed into law the Colorado Job Creation and Main Street Revitalization Act (also known as House Bill 14-1311). By substantially increasing the amount of funds available for the…more

Historic Preservation, Historical Rehabilitation, New Legislation, Tax Credits

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A Purchaser Who Doesn’t Inquire May Be Teeing Up For Failure

Picture this: While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or a…more

Chain of Title, Due Diligence, Real Estate Investments, Restrictive Covenants

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Patterson v. Domino’s: California Supreme Court Lends Important Guidance on Franchisor Liability

Taylor Patterson claimed that Domino’s, as the franchisor of thousands of pizza stores across the nation, should be held responsible for sexual harassment she experienced from a fellow employee over a two-week period when she…more

Dominos, Employer Liability Issues, Franchises, Franchisors, Harassment

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Sales Tax Refunds on Defaulted Credit Sales: Does Anyone Get a Refund?

James Susa analyzes the state tax statutory structures and major court decisions on bad debt deductions and concludes that in practice, the availability of such a deduction is limited in scope. Each state that imposes…more

Bad Debt, Corporate Taxes, Credit Cards, Gross Receipts, Gross Receipts Tax

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HIPAA “Phase 2” Audits: Are You Ready?

The Civil Rights Office of the Department of Health and Human Services announced a “Phase 2” audit program in the Fall of 2014. That audit program was delayed due to funding issues, but appears to be back on schedule for 2015. …more

Audits, Health Care Providers, Healthcare, HIPAA, PHI

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Young Lawyers: Avoid Falling into Ethical Holes

Originally published in Commercial & Business Litigation, American Bar Association Section of Litigation, Fall 2012, Vol. 14 No. 1 - Ethics. Young lawyers face new and unfamiliar pressures — meeting billing requirements,…more

Ethics, Legal Ethics

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Ninth Circuit Opens Door for Protracted HAMP Litigation

Earlier this month, the Ninth Circuit reversed a lower court’s dismissal of two consolidated class action complaints, holding that mortgage servicers participating in the Home Affordable Modification Program (HAMP) are…more

Class Action, Default, Foreclosure, HAMP, Loan Modifications

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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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Nevada’s New Medical Marijuana Law—Now What?

Despite the unsettled nature of federal enforcement of the federal criminal drug laws in the context of state medical marijuana laws, the Nevada Legislature enacted Senate Bill No. 374 during its recently completed 77th Regular…more

Decriminalization of Marijuana, Marijuana, Medical Marijuana

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California Supreme Court Rules That Song-Beverly Act Does Not Apply To On-Line Transactions

A little over a year ago, the United States District Court for the Central District of California ruled that California’s Song-Beverly Act (the Act), which prohibits collection of “personal identification information” in…more

Apple, Credit Cards, Electronically Downloaded Products, Internet Retailers, iTunes

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Guarantor Waivers Narrowed

A general waiver by a guarantor of “all defenses” does not actually waive “all defenses.” California Bank & Trust v. Del Ponti, — Cal.Rptr.3d —, 2014 WL 6908141 (Cal.App. 4 Dist.). That was the holding in a recent opinion…more

Appeals, Banks, Construction Loans, Guarantors, Loan Agreements

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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

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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

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Spotting an Accidental Franchise (and Why It Matters to You)

Imagine you own a successful business with retail locations in several Southern California cities offering desserts in a unique fun-filled party atmosphere operating under the name Dessert Dreams. A Chicago investor vacationing…more

Compliance, Employer Liability Issues, Franchise Tax Board, Franchises

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ACA Information Reporting Penalties Have Been Increased

Code Sections 6055 and 6056 require large employers and all employers (even small employers) sponsoring self-funded health plans to file information returns with the IRS and furnish statements to applicable employees concerning…more

1099s, Affordable Care Act, Employer Mandates, Health Insurance, Information Reports

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“Pocket-Dial” Mobile Phone Calls: Private or Not?

If you accidentally “pocket dial” someone on your mobile phone, do you have a reasonable expectation of privacy about what’s said in that call? Here’s how courts looked at this issue recently. What Happened? James Huff is…more

Cell Phones, Reasonable Expectation of Privacy, Wiretapping

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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, UCC

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Workplace Investigations

If you are an employer or HR professional and have not had to conduct a workplace discrimination investigation, consider yourself lucky, or possibly naïve. At some point every employer will be confronted with the employee who,…more

Anti-Discrimination Policies, Complaint Procedures, Discrimination, Internal Investigations, Interviews

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Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)…more

Bring Your Own Device, CFAA, Corporate Counsel, ECPA, Former Employee

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Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a Worksite

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a worksite,…more

General Contractors, OSHA, Safety Precautions, Workplace Hazards

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FDA Issues Final Guidance on Intent to Exempt Certain Medical Devices from Premarket Notification Requirements

On July 1, 2015 the FDA issued its final guidance regarding the intent to exempt certain unclassified medical devices, certain Class II medical devices, and certain Class I medical devices that are subject to the reserved…more

Exemptions, FDA, FFDCA, Final Guidance, Medical Devices

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Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know

The U.S. International Trade Commission (“ITC” or “the Commission”) is an important venue for patentees. Cases are guaranteed a decision within sixteen months of the institution of the investigation and success provides…more

eBay Test, ITC, Patents, Section 337, Tariff Act of 1930

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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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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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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

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Nevada Legislation Restores Rights to Note Purchasers

The Nevada Legislature ended its 2015 session on June 1. The Nevada Legislature meets in odd numbered years for 120 days, so it will not meet again until 2017, unless the Governor calls a special session. The Legislature enacted…more

Amended Legislation, Creditors, Creditors' Rights, Deficiency Judgments, Foreclosure

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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, Notice of Default

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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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Contact

One Arizona Center, 400 East Van Buren Street Suite 1900
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