Snell & Wilmer

Nevada’s Recent Minimum Wage Ruling and Best Practices for Employers

Nevada’s minimum wage law continues to be a minefield for employers. On August 14, 2015, in the case of Hancock v. the State of Nevada, the First Judicial District Court held two, key minimum wage regulations as…more
| Constitutional Law, Labor & Employment Law

Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull”…more
| Civil Procedure, Intellectual Property

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Arizona Supreme Court Poised to Consider “Learned Intermediary” Doctrine

The Arizona Supreme Court will soon decide whether to grant or deny review of the Court of Appeals’ January 2015 decision regarding the longstanding “learned intermediary” doctrine. In January, the lower court held that the…more
| Health, Products Liability, Science, Computers, & Technology

Five Questions to Consider Before Seeking to Restrain a Former Employee from Engaging in Competitive Activity

Determining whether to enforce a restrictive covenant or confidentiality agreement against a former employee requires the careful consideration of legal, economic and practical considerations. Here are five questions an employer…more
| Commercial Law & Contracts, Labor & Employment Law

Jury Clears UCLA Health in Lawsuit Stemming From Improper Access to PHI by Plaintiff’s Romantic Rival

A UCLA employee and patient now has celebrity-level security on her protected health information (PHI) as maintained by the UCLA Health system, but a jury denied her the $1.25 million in emotional distress damages she sought…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

New Draft Instructions Released for ACA Information Reporting

As explained in my previous blog, Code Sections 6055 and 6056, added by the Affordable Care Act (“ACA”), require all employers (even small employers) sponsoring self-funded health plans and large employers to file information…more
| Health, Labor & Employment Law, Taxation

First, Arizona Legislature v. AIRC, Now the ACA Subsidies: Standing for Political Institutions

Citing what some might call a quirk of the U.S. Supreme Court’s (SCOTUS) recent opinion in Arizona Legislature v. Arizona Independent Redistricting Commission (AIRC), U.S. District Court Judge for the District of Columbia…more
| Civil Procedure, Constitutional Law, Health

State of Arizona and City of Tucson Offering “Back-to-School” Tax Amnesty Programs for a Limited Time

This fall, the Arizona Department of Revenue (ADOR) and the City of Tucson (Tucson) are offering tax amnesty programs that can help taxpayers resolve their outstanding tax liabilities from unreported or underreported income…more
| Taxation

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

Toxic tort cases often involve real property, especially in areas with large mining and energy sectors like the West and Southwest. The cases frequently have large potential damage values and require extensive discovery…more
| Civil Procedure, Energy & Utilities, Real Estate - Residential, Toxic Torts

The OMB’s New Cybersecurity Guidance for Federal Contractors

Is Controlled Unclassified Information Out of Control? The OMB apparently thinks so. On August 11, 2015, the Obama administration, through the Office of Management and Budget (OMB), which is the largest office within the…more
| Privacy, Science, Computers, & Technology, Government Contracting

Under Construction - September 2015

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

Government Websites With Cybersecurity Tips & Information

As part of the government’s recent clarion call to improve our individual and collective cybersecurity posture, several federal and state agencies have released a variety of guidelines, frameworks, best practices and tips. Some…more
| Antitrust & Trade Regulation, Business Organizations, Communications & Media Law, Privacy, Science, Computers, & Technology

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona Court…more
| Agriculture, Civil Procedure, Construction Law, Personal Injury, Zoning, Planning & Land Use

Clean Water Rule Halted in Arizona and 12 Other States

On August 27, the day before it was set to become final, a federal district court in North Dakota halted implementation of the United States Environmental Protection Agency’s (EPA) and Army Corps of Engineers’ “Waters of The…more
| Civil Remedies, Construction Law, Environmental Law, Zoning, Planning & Land Use
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One Arizona Center, 400 East Van Buren Street Suite 1900
Phoenix, Arizona 85004-2202, United States

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