Snell & Wilmer

EEOC Ruling on Sexual Orientation Impacts Same-Sex Spouse and Domestic Partner Benefits

In our July 2, 2015 blog, Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States, we indicated that employers may need to offer same-sex spouse health and welfare benefits and rethink domestic partner benefits in…more
| Civil Rights, Labor & Employment Law

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
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

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
| Finance & Banking, Labor & Employment Law, Taxation

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
| Civil Remedies, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

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
| Bankruptcy, Civil Procedure, Finance & Banking, Personal Injury, Real Estate - Commercial

FDA Issues Unprecedented Alert Over Medical Device Cyber Security Risk

A fictional cyber-terrorist weaponizing a medical device by hacking into it has become a familiar plot premise in recent Hollywood dramas.  Unfortunately, the risk of harm from medical device hacking has now become an…more
| Electronic Discovery, Privacy, Health, Science, Computers, & Technology

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
| Criminal Law, Science, Computers, & Technology, Securities Law

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
| Finance & Banking, Labor & Employment Law, Taxation

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the…more
| Civil Procedure, Government Contracting

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 Law, Real Estate - Residential

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
| Civil Procedure, Civil Remedies, Intellectual Property

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
| Civil Rights, Labor & Employment Law

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
| Elections & Politics, Energy & Utilities, Environmental Law

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
| Labor & Employment Law

“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
| Business Organizations, Civil Procedure, Communications & Media Law, Privacy
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